S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5435
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   New  York  state community doula directory for doulas serving Medicaid
   patients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  declarations. The legislature
 hereby  finds and declares that poor maternal and infant health outcomes
 and disparities are a public health crisis that pose  a  threat  to  the
 health,  welfare,  and  quality of life of child bearing people, infants
 and their families. The legislature acknowledges the imbalances  of  how
 doula care is treated in different communities. Between the rising costs
 of reproductive care, the absence of a federal doula Medicaid framework,
 and  the  existing barriers to equitable prenatal, intranatal, and post-
 partum care services, the legislature hereby  finds  the  importance  in
 establishing  a  community  doula  directory to increase access to care.
 Having doula services in an accessible and centralized location that  is
 open to the public without an economic barrier, will help connect birth-
 ing persons with the doula care services they need.
   §  2.  Article  25 of the public health law is amended by adding a new
 title 6-A to read as follows:
 
                                TITLE VI-A
                            DOULAS FOR MEDICAID
 
 SECTION 2594-A. DEFINITIONS.
         2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY.
         2594-C. CRITERIA FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNI-
                   TY DOULA DIRECTORY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04573-01-3
 A. 5435                             2
              

 
   § 2594-A. DEFINITIONS. 1. FOR THE  PURPOSES  OF  THIS  TITLE,  "DOULA"
 MEANS  A TRAINED PERSON WHO PROVIDES CONTINUOUS PHYSICAL, EMOTIONAL, AND
 INFORMATIONAL SUPPORT TO A PREGNANT PERSON AND THE FAMILY OF SUCH  PREG-
 NANT PERSON BEFORE, DURING OR A REASONABLE TIME AFTER CHILDBIRTH.
   2.  A  DOULA  MAY  PROVIDE SERVICES IN HOSPITALS, BIRTHING CENTERS, AT
 HOME DELIVERIES AND OTHER COMMUNITY SETTINGS.
   § 2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY. 1. THE  DEPARTMENT
 SHALL  ESTABLISH  AND MAINTAIN A COMMUNITY DOULA DIRECTORY FOR DOULAS ON
 THE  DEPARTMENT'S  INTERNET  WEBSITE  FOR  THE  PURPOSES   OF   MEDICAID
 REIMBURSEMENT AND PROMOTING DOULA SERVICES TO MEDICAID RECIPIENTS.
   2.  THE  DIRECTORY  SHALL INCLUDE THE FOLLOWING INFORMATION CONCERNING
 DOULAS SUCH AS:
   (A) THE NAME OF THE DOULA WHO PROVIDES DOULA SERVICES;
   (B) THE ADDRESS  AND  LOCATION  OF  WHERE  THE  DOULA  PROVIDES  DOULA
 SERVICES;
   (C)  THE NAME OF EACH MEDICAID PROVIDER THAT EMPLOYS OR CONTRACTS WITH
 A DOULA TO PROVIDE DOULA SERVICES TO ELIGIBLE MEDICAID RECIPIENTS;
   (D) THE DOULA'S NATIONAL PROVIDER IDENTIFICATION NUMBER; AND
   (E) ALL DOCUMENTATION OF  CRITERIA  PURSUANT  TO  SECTION  TWENTY-FIVE
 HUNDRED NINETY-FOUR-C OF THIS TITLE.
   3.  THE  DEPARTMENT SHALL DETERMINE THE METHOD OF REGISTRATION AND THE
 DOCUMENTATION REQUIRED TO VERIFY SUCH CRITERIA HAS BEEN MET.
   4. EACH DOULA SHALL BE RESPONSIBLE  FOR  COMPLETING  THE  REQUIREMENTS
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-FOUR-C OF THIS TITLE.
   5.  THE  DEPARTMENT  SHALL NOT IMPOSE ANY FEE ON ANY DOULA TO REGISTER
 FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   6. THE COMMUNITY DOULA DIRECTORY SHALL BE PUBLICLY  ACCESSIBLE  AT  NO
 COST  TO  THE  DOULA OR BIRTHING PERSON LOOKING TO HIRE A DOULA IN THEIR
 COMMUNITY.
   § 2594-C. CRITERIA FOR ADMITTANCE INTO THE NEW  YORK  STATE  COMMUNITY
 DOULA  DIRECTORY.    1.  EACH DOULA SEEKING MEDICAID REIMBURSEMENT SHALL
 APPLY TO BE REGISTERED IN THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   2. A DOULA SHALL SUBMIT TO THE DEPARTMENT A  CERTIFIED  COPY  OF  SUCH
 DOULA'S CERTIFICATION FROM A DOULA EDUCATIONAL ORGANIZATION OR BY DEMON-
 STRATION  OF SATISFACTORY PROFICIENCY PURSUANT TO THIS SECTION, AND HIS,
 HER, OR THEIR FULL NAME,  ADDRESS,  PHONE  NUMBER,  EMAIL  ADDRESS,  AND
 NATIONAL PROVIDER IDENTIFICATION NUMBER.
   3. IN LIEU OF CERTIFICATION, A DOULA SHALL SUBMIT PROOF OF THE FOLLOW-
 ING TO THE DEPARTMENT ATTESTING THAT SUCH DOULA HAS:
   (A)  ATTENDED  AT  LEAST  TWENTY-FOUR  CONTACT HOURS OF EDUCATION THAT
 INCLUDES ANY COMBINATION OF CHILDBIRTH EDUCATION, BIRTH DOULA  TRAINING,
 ANTEPARTUM DOULA TRAINING, AND POSTPARTUM DOULA TRAINING;
   (B) ATTENDED AT LEAST ONE BREASTFEEDING CLASS;
   (C) ATTENDED AT LEAST TWO CHILDBIRTH CLASSES;
   (D) ATTENDED AT LEAST TWO LIVE CHILDBIRTHS;
   (E) COMPLETED CULTURAL COMPETENCY TRAINING;
   (F) COMPLETED A DOULA PROFICIENCY EXAM; AND
   (G)  COMPLETED  TRAINING  PURSUANT TO THE HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OR CLIENT CONFIDENTIALITY TRAINING.
   § 3. This act shall take effect six months after it shall have  become
 a law.