S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6080--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to  establishing  a
   remote maternal health services pilot program for Medicaid recipients

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 365-kk to read as follows:
   §  365-KK.  REMOTE  MATERNAL HEALTH SERVICES PILOT PROGRAM. 1. FOR THE
 PURPOSES OF THIS SECTION, "REMOTE MATERNAL HEALTH SERVICES" MEANS:
   (A) THE USE OF DIGITAL TECHNOLOGY:
   (I) TO COLLECT MEDICAL AND OTHER FORMS OF HEALTH DATA FROM  A  PATIENT
 AND  ELECTRONICALLY  TRANSMIT  THAT INFORMATION SECURELY TO A HEALTHCARE
 PROVIDER IN A DIFFERENT LOCATION FOR INTERPRETATION AND  RECOMMENDATION;
 AND
   (II)  THAT  IS COMPLIANT WITH THE FEDERAL HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. § 1320D ET SEQ.) AND  APPROVED
 BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
   (B) THE USE OF A DEVICE THAT:
   (I)  PERFORMS  REMOTE FETAL MONITORING, INCLUDING MATERNAL HEART RATE,
 FETAL HEART RATE, AMNIOTIC FLUID, PLACENTA LOCATION, AND FETAL PRESENTA-
 TION, TONE, AND MOVEMENT;
   (II) MEASURES PHYSIOLOGICAL DATA,  INCLUDING  BLOOD  PRESSURE,  PULSE,
 PULSE  OXIMETRY,  WEIGHT,  BLOOD  GLUCOSE LEVELS, OR OTHER PHYSIOLOGICAL
 DATA DETERMINED TO BE MEDICALLY NECESSARY;
   (III) USES REMOTE NON-STRESS TEST TECHNOLOGY;
   (IV) USES REMOTE ULTRASOUND TECHNOLOGY; OR
   (V) USES DOPPLER EFFECT TECHNOLOGY.
   2. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A PILOT PROGRAM DURING
 FISCAL YEARS TWO THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE,  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09759-03-3
              

 A. 6080--A                          2
 
 THOUSAND  TWENTY-FIVE--TWO THOUSAND TWENTY-SIX, AND TWO THOUSAND TWENTY-
 SIX--TWO THOUSAND TWENTY-SEVEN TO PROVIDE:
   (A)  REMOTE  MATERNAL HEALTH SERVICES TO A MEDICAID RECIPIENT ELIGIBLE
 UNDER SUBDIVISION THREE OF THIS SECTION;
   (B) MEDICALLY NECESSARY REMOTE MATERNAL HEALTH  SERVICES  TO  SUCH  AN
 ELIGIBLE MEDICAID RECIPIENT FOR UP TO TWELVE MONTHS POSTPARTUM; AND
   (C) PAYMENT TO HEALTHCARE PROVIDERS WHO PROVIDE REMOTE MATERNAL HEALTH
 SERVICES THAT INCLUDES THE COST OF THE REMOTE PATIENT MONITORING DEVICES
 BEING USED.
   3.  A MEDICAID RECIPIENT IS ELIGIBLE TO RECEIVE REMOTE MATERNAL HEALTH
 SERVICES PURSUANT TO THE PILOT PROGRAM ESTABLISHED BY THIS SECTION, IF:
   (A) THE RECIPIENT IS PREGNANT;
   (B) THE RECIPIENT'S HEALTHCARE PROVIDER DETERMINES THAT REMOTE  MATER-
 NAL HEALTH SERVICES ARE IN THE BEST INTEREST OF THE PATIENT;
   (C)  THE  RECIPIENT'S HEALTHCARE PROVIDER DETERMINES THE RECIPIENT HAS
 AN INCREASED LIKELIHOOD OF EXPERIENCING A HIGHER-RISK PREGNANCY DUE TO:
   (I) EXISTING HEALTH CONDITIONS, SUCH AS HIGH BLOOD PRESSURE,  POLYCYS-
 TIC  OVARY  SYNDROME,  DIABETES,  KIDNEY  DISEASE,  AUTOIMMUNE  DISEASE,
 THYROID DISEASE, OBESITY, HIV/AIDS, OR ZIKA INFECTION;
   (II) AGE FACTORS, INCLUDING TEENAGE PREGNANCY OR PREGNANCY AFTER THIR-
 TY-FIVE YEARS OF AGE;
   (III) LIFESTYLE FACTORS, SUCH AS ALCOHOL, TOBACCO, OR DRUG USE; OR
   (IV) CONDITIONS OF PREGNANCY, INCLUDING MULTIPLE GESTATION, GESTATION-
 AL DIABETES, PREECLAMPSIA, ECLAMPSIA, PREVIOUS PRETERM BIRTHS, OR  BIRTH
 DEFECTS OR GENETIC CONDITIONS IN THE FETUS;
   (D)   THE   RECIPIENT   LIVES   IN   A   COUNTY   WITHOUT  A  LICENSED
 OBSTETRICIAN/GYNECOLOGIST WHO PARTICIPATES IN MEDICAID;
   (E) THE RECIPIENT'S HEALTHCARE PROVIDER DETERMINES  THE  RECIPIENT  IS
 UNABLE TO ACCESS CONSISTENT OBSTETRICAL CARE DUE TO FACTORS THAT INCLUDE
 TRANSPORTATION, CHILD CARE, EMPLOYMENT REQUIREMENTS, AND SOCIOECONOMICS;
 AND
   (F)  THE REMOTE MATERNAL HEALTH SERVICES MEET THE CRITERIA OF SUBDIVI-
 SION ONE OF THIS SECTION.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.