S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5448--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, JEAN-PIERRE -- read once and referred to
   the  Committee  on Health -- reported and referred to the Committee on
   Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the public health law, the social services law and the
   family court act, in relation to establishing the maternal-infant care
   centers pilot program; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-d to read as follows:
   § 2509-D. MATERNAL-INFANT CARE CENTERS PILOT PROGRAM.  THERE SHALL  BE
 ESTABLISHED  A  MATERNAL-INFANT  CARE  CENTERS PILOT PROGRAM WHEREBY THE
 COMMISSIONER,  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF   ADDICTION
 SERVICES  AND  SUPPORTS, SHALL CERTIFY OR DESIGNATE AT LEAST FOUR MATER-
 NAL-INFANT CARE CENTERS IN AREAS OF NEED  IN  THE  STATE.  SUCH  CENTERS
 SHALL PROVIDE COST EFFECTIVE, NECESSARY SERVICES AND ENHANCE THE QUALITY
 OF  CARE FOR TARGETED POPULATIONS IN ORDER TO DEMONSTRATE THE EFFECTIVE-
 NESS OF SUCH PROGRAM. ELIGIBLE INFANTS SHALL BE UNDER ONE  YEAR  OF  AGE
 AND  BE  EXPERIENCING WITHDRAWAL RESULTING FROM IN UTERO EXPOSURE DUE TO
 SUBSTANCE USE DISORDER. SUCH INFANT WITHDRAWAL  MAY  BE  THE  RESULT  OF
 CONDITIONS  INCLUDING,  BUT NOT LIMITED TO, NEONATAL ABSTINENCE SYNDROME
 OR NEONATAL OPIOID WITHDRAWAL SYNDROME. THE PROGRAM SHALL  PROVIDE  MORE
 APPROPRIATE  SETTINGS  AND  COST  EFFECTIVE  CARE FOR THESE INFANTS THAN
 HOSPITALS, WHILE ALSO PROVIDING SUPPORTS AND SERVICES TO PARENTS PREPAR-
 ING TO BRING THEIR INFANTS HOME. ACCESS TO SUCH SUPPORTS SHALL  CONTINUE
 FOR  A  PERIOD  AFTER  THE  INFANT HAS LEFT A CENTER.  THE PROGRAM SHALL
 IMPLEMENT  EVIDENCE-BASED  CLINICALLY  APPROPRIATE  PRACTICES  SHOWN  TO
 REDUCE  THE  LENGTH OF STAY WHEN COMPARED TO STANDARD NEONATAL INTENSIVE
 CARE UNIT CARE, AND SUPPORT FAMILY UNIFICATION WHEN APPROPRIATE FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01798-03-3
              

 A. 5448--A                          2
 
 FAMILY  RECEIVING  SERVICES. THE EVIDENCE-BASED PRACTICES SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ROOMING-IN, ENCOURAGING BREASTFEEDING,  PROVIDING
 TRAUMA-INFORMED  CARE  TO  THE  PARENT-INFANT  DYAD,  AND EVALUATING THE
 SOCIAL  DETERMINANTS  OF  HEALTH. NEITHER A DIAGNOSIS OF NEONATAL ABSTI-
 NENCE SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, NOR ADMISSION  TO
 A  MATERNAL-INFANT  CARE  CENTER, SHALL BY ITSELF CONSTITUTE EVIDENCE OF
 CHILD ABUSE OR MALTREATMENT, OR, BY ITSELF,  JUSTIFY  A  REPORT  TO  THE
 STATE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   THE DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THE QUALITY, APPRO-
 PRIATENESS  AND  EFFECTIVENESS  OF  THE  CENTERS AND SHALL REPORT TO THE
 LEGISLATURE WITHIN ONE YEAR OF THE ESTABLISHMENT OF THE  MATERNAL-INFANT
 CARE  CENTERS  AND  AGAIN WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
 SECTION ON THE PROGRAM'S EFFECTIVENESS.
   § 2. Section 420 of the social services law is amended by adding a new
 subdivision 3 to read as follows:
    3. NO PENALTIES FOR FAILURE TO  REPORT,  EITHER  CRIMINAL  OR  CIVIL,
 SHALL  APPLY  TO  INDIVIDUALS  WHO  ARE  MANDATED  REPORTERS PURSUANT TO
 SECTION FOUR HUNDRED THIRTEEN OF  THIS  TITLE  AND  WHO  DO  NOT  REPORT
 SUSPECTED  ABUSE OR MALTREATMENT BASED ONLY UPON A DIAGNOSIS OF NEONATAL
 ABSTINENCE SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, OR ADMISSION
 TO A MATERNAL-INFANT CARE CENTER ESTABLISHED PURSUANT TO  SECTION  TWEN-
 TY-FIVE  HUNDRED  NINE-D OF THE PUBLIC HEALTH LAW, IN THE ABSENCE OF ANY
 OTHER GROUNDS TO SUSPECT ABUSE OR MALTREATMENT.
   § 3. Subparagraph (B) of paragraph (i) of subdivision (f)  of  section
 1012  of  the family court act, as amended by chapter 984 of the laws of
 1981, is amended to read as follows:
   (B) in providing the child with proper supervision or guardianship, by
 unreasonably inflicting or allowing to be inflicted harm, or a  substan-
 tial  risk  thereof,  including  the  infliction  of  excessive corporal
 punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
 beverages to the extent that he loses self-control of his actions; or by
 any  other  acts  of a similarly serious nature requiring the aid of the
 court; provided, however, that where the respondent is  voluntarily  and
 regularly  participating  in a rehabilitative program, INCLUDING BUT NOT
 LIMITED TO A PROGRAM OFFERED AT A  MATERNAL-INFANT  CARE  CENTER  ESTAB-
 LISHED  PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED NINE-D OF THE PUBLIC
 HEALTH LAW, evidence that the respondent has repeatedly misused  a  drug
 or drugs or alcoholic beverages to the extent that he loses self-control
 of  his  actions shall not establish that the child is a neglected child
 in the absence of  evidence  establishing  that  the  child's  physical,
 mental or emotional condition has been impaired or is in imminent danger
 of  becoming impaired as set forth in paragraph (i) of this subdivision;
 or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and shall expire and be  deemed  repealed  4
 years  after  such date.  Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.