S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9140
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   fetal infant mortality review board
 
   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-b to read as follows:
   §  2509-B.  FETAL  INFANT  MORTALITY  REVIEW BOARD. 1. AS USED IN THIS
 SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (A) "BOARD" MEANS A FETAL INFANT MORTALITY REVIEW BOARD ESTABLISHED BY
 THIS SECTION, REFERRED TO IN THIS SECTION AS THE  "STATE  BOARD",  OR  A
 BOARD  OPERATING UNDER THIS SECTION ESTABLISHED BY THE CITY OF NEW YORK,
 WITH OR WITHOUT AN AGREEMENT WITH THE COMMISSIONER, REFERRED TO IN  THIS
 SECTION AS THE "CITY BOARD".
   (B)  "FETAL  INFANT  DEATH"  MEANS  FETAL, NEONATAL, AND INFANT DEATHS
 WITHIN ONE YEAR OF BIRTH.
   (C) "SEVERE FETAL INFANT MORBIDITY" OR  "MORBIDITY"  MEANS  UNEXPECTED
 OUTCOMES  OF  PREGNANCY,  LABOR,  OR DELIVERY THAT RESULT IN SIGNIFICANT
 SHORT- OR LONG-TERM CONSEQUENCES TO A CHILD'S HEALTH.
   (D) "CITY COMMISSIONER" MEANS THE COMMISSIONER OF THE  NEW  YORK  CITY
 DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   2.  (A) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE FETAL INFANT
 MORTALITY REVIEW BOARD FOR THE PURPOSE OF REVIEWING FETAL INFANT  DEATHS
 AND  FETAL  INFANT  MORBIDITY AND DEVELOPING AND DISSEMINATING FINDINGS,
 RECOMMENDATIONS, AND BEST PRACTICES TO CONTRIBUTE TO THE  PREVENTION  OF
 FETAL  INFANT  MORTALITY AND MORBIDITY. THE BOARD SHALL ASSESS THE CAUSE
 OF DEATH, FACTORS LEADING TO DEATH AND  PREVENTABILITY  FOR  EACH  FETAL
 INFANT  DEATH  REVIEWED  AND,  IN  THE DISCRETION OF THE BOARD, CASES OF
 SEVERE FETAL INFANT MORBIDITY, AND SHALL DEVELOP AND DISSEMINATE STRATE-
 GIES FOR REDUCING THE RISK OF  FETAL  INFANT  MORTALITY  AND  MORBIDITY,
 INCLUDING  RISK  RESULTING  FROM RACIAL, ECONOMIC, OR OTHER DISPARITIES.
 THE COMMISSIONER MAY DELEGATE THE AUTHORITY TO CONDUCT MATERNAL  MORTAL-
 ITY REVIEWS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10339-01-3
 A. 9140                             2
 
   (B)  THE COMMISSIONER MAY ENTER INTO AN AGREEMENT WITH THE CITY OF NEW
 YORK PROVIDING:
   (I)  THAT  THE  FUNCTIONS  OF THE STATE BOARD RELATING TO FETAL INFANT
 DEATHS AND SEVERE FETAL INFANT MORBIDITY OCCURRING WITHIN  THE  CITY  OF
 NEW YORK SHALL BE CONDUCTED BY THE CITY BOARD;
   (II)  THE  CITY  BOARD SHALL PROVIDE TO THE STATE BOARD THE RESULTS OF
 ITS REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE  CITY  BOARD,
 AND THE RECOMMENDATIONS OF THE CITY BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE CITY BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (C)  NOTHING  IN  THIS SECTION SHALL PREVENT THE CITY OF NEW YORK FROM
 ESTABLISHING, WITHOUT AN AGREEMENT WITH THE COMMISSIONER, A BOARD RELAT-
 ING TO FETAL INFANT DEATHS AND SEVERE FETAL INFANT  MORBIDITY  OCCURRING
 WITHIN THE CITY OF NEW YORK.
   3.  (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPRISED OF MULTIDIS-
 CIPLINARY EXPERTS IN THE FIELD OF FETAL INFANT MORTALITY, FETAL,  NEONA-
 TAL  AND  INFANT HEALTH AND PUBLIC HEALTH, AND SHALL INCLUDE HEALTH CARE
 PROFESSIONALS OR OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE  OF  THE
 RACIAL,  ETHNIC,  AND  SOCIOECONOMIC  DIVERSITY OF THE STATE AND, TO THE
 EXTENT POSSIBLE, THE MEDICALLY UNDERSERVED AREAS OF THE STATE  OR  AREAS
 OF  THE  STATE  WITH DISPROPORTIONATELY HIGH OCCURRENCES OF FETAL INFANT
 MORTALITY OR MORBIDITY.
   (B) THE STATE BOARD SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS, ALL
 OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER.
   (C) THE TERMS OF THE STATE BOARD MEMBERS SHALL  BE  THREE  YEARS.  THE
 COMMISSIONER  MAY  CHOOSE TO REAPPOINT STATE BOARD MEMBERS TO ADDITIONAL
 THREE-YEAR TERMS.
   (D) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, BUT  NO
 LESS THAN THREE, SHALL CONSTITUTE A QUORUM.
   (E)  WHEN  ANY MEMBER OF THE STATE BOARD FAILS TO ATTEND THREE CONSEC-
 UTIVE REGULAR MEETINGS, UNLESS GOOD CAUSE IS  SHOWN  FOR  SUCH  ABSENCE,
 THAT  MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF
 A SUCCESSOR.
   (F) MEETINGS OF THE STATE BOARD SHALL BE HELD AT LEAST  TWICE  A  YEAR
 BUT  MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
 OF THE DEPARTMENT.
   (G) MEMBERS OF THE STATE AND CITY BOARDS SHALL  BE  INDEMNIFIED  UNDER
 SECTION  SEVENTEEN  OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE
 GENERAL MUNICIPAL LAW, AS THE CASE MAY BE.
   (H) MEMBERS OF THE STATE BOARD SHALL  NOT  BE  COMPENSATED  FOR  THEIR
 PARTICIPATION  ON  THE  BOARD  BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
 ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
   (I) MEMBERSHIP ON A BOARD SHALL NOT DISQUALIFY ANY PERSON FROM HOLDING
 ANY PUBLIC OFFICE OR EMPLOYMENT.
   4. (A) THE COMMISSIONER MAY REQUEST AND  SHALL  RECEIVE  UPON  REQUEST
 FROM  ANY  DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
 DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
 OF OR ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT  LIMITED
 TO  DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,
 HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT
 WILL HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY  CARRY  OUT  ITS
 FUNCTIONS, POWERS AND DUTIES. THE COMMISSIONER, OR THE CITY COMMISSIONER
 FOR  THE  FETAL INFANT DEATHS OR FETAL INFANT MORBIDITY OCCURRING WITHIN
 THE VITAL STATISTICS REGISTRATION DISTRICT OF THE CITY OF NEW YORK,  MAY
 REQUEST  AND  SHALL  RECEIVE UPON REQUEST FROM ANY DEPARTMENT, DIVISION,
 BOARD, COMMISSION OR OTHER AGENCY UNDER THE AUTHORITY OF THE CITY OF NEW
 A. 9140                             3
 
 YORK AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO  ARTICLE  TWENTY-EIGHT
 OF  THIS  CHAPTER,  BIRTHING FACILITIES, MEDICAL EXAMINERS, CORONERS AND
 CORONER PHYSICIANS AND ANY OTHER FACILITY PROVIDING SERVICES  ASSOCIATED
 WITH FETAL INFANT MORTALITY OR FETAL INFANT MORBIDITY, SUCH INFORMATION,
 INCLUDING,  BUT  NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
 REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS,  BIRTH  RECORDS
 AND  ANY  OTHER  INFORMATION  THAT  WILL  HELP THE DEPARTMENT UNDER THIS
 SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   (B) THE COMMISSIONER AND THE CITY COMMISSIONER SHALL RECEIVE  AND  MAY
 SOLICIT  VOLUNTARY  INFORMATION,  INCLUDING  ORAL OR WRITTEN STATEMENTS,
 RELATING TO ANY FETAL INFANT DEATH  AND  CASE  OF  SEVERE  FETAL  INFANT
 MORBIDITY,  FROM ANY FAMILY MEMBER OR OTHER INTERESTED PARTY RELATING TO
 ANY CASE THAT MAY COME BEFORE THE BOARD. ORAL STATEMENTS RECEIVED  UNDER
 THIS  PARAGRAPH  SHALL  BE  TRANSCRIBED  OR  SUMMARIZED  IN WRITING. THE
 COMMISSIONER AND THE CITY COMMISSIONER SHALL TRANSMIT  THAT  INFORMATION
 TO THE BOARD CONSIDERING THE CASE.
   (C) BEFORE TRANSMITTING ANY INFORMATION TO THE BOARD, THE COMMISSIONER
 OR  THE CITY COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMA-
 TION OF THE FETUS OR INFANT, PARENT'S OF THE  FETUS  OR  INFANT,  HEALTH
 CARE PRACTITIONER OR PRACTITIONERS, OR ANYONE ELSE INDIVIDUALLY NAMED IN
 SUCH  INFORMATION,  AS WELL AS THE HOSPITAL OR FACILITY THAT TREATED THE
 FETUS OR INFANT, AND ANY OTHER INFORMATION SUCH AS  GEOGRAPHIC  LOCATION
 THAT  MAY  INADVERTENTLY  IDENTIFY THE FETUS OR INFANT, PRACTITIONER, OR
 FACILITY.  THIS PARAGRAPH SHALL NOT PRECLUDE THE TRANSMITTING OF  INFOR-
 MATION  TO THE BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE BOARD TO
 PERFORM AN APPROPRIATE REVIEW UNDER THIS SECTION.
   5. EACH BOARD:
   (A) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
   (B) SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE  COMMIS-
 SIONER,  AND  IN  THE CASE OF THE CITY BOARD TO THE COMMISSIONER AND THE
 CITY COMMISSIONER REGARDING THE  CAUSE  OF  DEATH,  FACTORS  LEADING  TO
 DEATH, AND PREVENTABILITY OF EACH FETAL INFANT DEATH CASE, AND EACH CASE
 OF  SEVERE  FETAL  INFANT  MORBIDITY REVIEWED BY THE BOARD, BY REVIEWING
 RELEVANT INFORMATION FOR EACH CASE IN THE STATE OR THE CITY OF NEW YORK,
 AS THE CASE MAY BE, AND CONSULTING WITH EXPERTS AS  NEEDED  TO  EVALUATE
 THE INFORMATION FOR EACH DEATH;
   (C)  SHALL DEVELOP AND DELIVER TO THE COMMISSIONER, AND IN THE CASE OF
 THE CITY BOARD TO THE COMMISSIONER AND THE CITY COMMISSIONER  FOR  AREAS
 OF FOCUS, RECOMMENDATIONS ON:
   (I) ISSUES OF SEVERE FETAL INFANT MORBIDITY;
   (II)  ADDRESSING SOCIAL DETERMINANTS OF FETAL INFANT HEALTH, INCLUDING
 RACIAL, ECONOMIC OR OTHER HISTORICAL AND CONTEMPORARY  INJUSTICES  WHICH
 LEAD TO DISPARITIES IN FETAL INFANT OUTCOMES;
   (III)  POLICIES, BEST PRACTICES, AND STRATEGIES TO REDUCE FETAL INFANT
 MORTALITY AND MORBIDITY;
   (IV) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
   (V) METHODS OF IMPLEMENTING CONTINUOUS QUALITY  IMPROVEMENT  IN  FETAL
 INFANT MORTALITY AND MORBIDITY;
   (D)  SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND RECOMMEN-
 DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
   (E) SHALL IMPLEMENT NEEDS ASSESSMENT,  QUALITY  ASSURANCE  AND  POLICY
 DEVELOPMENT  AT  THE  LOCAL  LEVEL, WHICH ARE ESSENTIAL TO PUBLIC HEALTH
 FUNCTIONS;
   (F) SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS  CONTRIB-
 UTING TO FETAL INFANT DEATHS;
 A. 9140                             4
 
   (G) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
 OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
 CARE SYSTEM CHANGE;
   (H)  SHALL  IDENTIFY  SYSTEM WIDE CHALLENGES TO IMPROVING FETAL INFANT
 HEALTH CARE;
   (I) SHALL ASSESS, PLAN, IMPROVE, AND MONITOR THE SERVICE  SYSTEMS  AND
 COMMUNITY  RESOURCES  THAT SUPPORT AND PROMOTE THE HEALTH AND WELL-BEING
 OF WOMEN, FETUSES, INFANTS, AND FAMILIES;
   (J) MAY, IN ADDITION TO THE FINDINGS AND  RECOMMENDATIONS  MADE  UNDER
 THIS  SUBDIVISION,  AND  CONSISTENT  WITH ALL APPLICABLE CONFIDENTIALITY
 PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
 SIONER OR THE CITY COMMISSIONER, AND IN THE CASE OF THE  CITY  BOARD  TO
 THE COMMISSIONER AND THE CITY COMMISSIONER; AND
   (K)  MAY  REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
 IN THE INSTANCE OF THE STATE BOARD AND  THE  CITY  COMMISSIONER  IN  THE
 INSTANCE OF THE CITY BOARD IN CARRYING OUT ITS FUNCTIONS.
   6.  THE  COMMISSIONER AND THE CITY COMMISSIONER AND THE STATE AND CITY
 BOARDS  SHALL  EACH  KEEP  CONFIDENTIAL  ANY  INFORMATION  COLLECTED  OR
 RECEIVED  UNDER THIS SECTION THAT INCLUDES PERSONAL IDENTIFYING INFORMA-
 TION OF THE FETUS OR INFANT, FETUS  OR  INFANT'S  PARENTS,  HEALTH  CARE
 PRACTITIONER OR PRACTITIONERS, OR ANYONE ELSE INDIVIDUALLY NAMED IN SUCH
 INFORMATION,  AS WELL AS THE HOSPITAL OR FACILITY THAT TREATED THE FETUS
 OR INFANT, AND ANY OTHER INFORMATION SUCH AS  GEOGRAPHIC  LOCATION  THAT
 MAY  INADVERTENTLY  IDENTIFY  THE FETUS OR INFANT, THE FETUS OR INFANT'S
 PARENTS, PRACTITIONER,  OR  FACILITY,  AND  SHALL  USE  THE  INFORMATION
 PROVIDED  OR  RECEIVED  UNDER  THIS  SECTION  SOLELY FOR THE PURPOSES OF
 IMPROVEMENT OF THE QUALITY OF FETAL INFANT HEALTH CARE  AND  TO  PREVENT
 FETAL  INFANT  MORTALITY  AND  MORBIDITY.  THIS  SUBDIVISION  SHALL  NOT
 PRECLUDE THE TRANSMITTING OF INFORMATION TO THE BOARD THAT IS REASONABLY
 NECESSARY TO ENABLE THE BOARD TO PERFORM  AN  APPROPRIATE  REVIEW  UNDER
 THIS  SECTION. ALL RECORDS RECEIVED, MEETINGS CONDUCTED, REPORTS, EXCEPT
 THOSE PUBLIC REPORTS REQUIRED TO BE ISSUED BY THE BOARD BY THIS SECTION,
 AND RECORDS MADE AND MAINTAINED AND ALL BOOKS AND PAPERS OBTAINED BY THE
 BOARD SHALL BE CONFIDENTIAL AND SHALL NOT BE  MADE  OPEN  OR  AVAILABLE,
 INCLUDING  UNDER  ARTICLE  SIX  OF THE PUBLIC OFFICERS LAW, AND SHALL BE
 LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER
 OR CITY COMMISSIONER. SUCH INFORMATION  SHALL  NOT  BE  DISCOVERABLE  OR
 ADMISSIBLE  AS  EVIDENCE  IN ANY ACTION IN ANY COURT OR BEFORE ANY OTHER
 TRIBUNAL, BOARD, AGENCY OR PERSON.
   7. THE COMMISSIONER AND THE CITY COMMISSIONER, WITHIN THEIR RESPECTIVE
 LEGAL AUTHORITY, MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE  BOARDS
 TO  DEVELOP  GUIDANCE  AND OTHER ACTIONS RELATING TO BEST PRACTICES, AND
 SHALL DISSEMINATE  INFORMATION  RELATING  TO  THAT  GUIDANCE  AND  OTHER
 ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9140--A
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON, GONZALEZ-ROJAS, TAPIA, ZINERMAN, SHRES-
   THA -- 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 public health law, in relation to establishing a
   fetal and infant mortality review board

   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-b to read as follows:
   § 2509-B. FETAL AND INFANT MORTALITY REVIEW BOARD. 1. FOR THE PURPOSES
 OF THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (A) "BOARD" MEANS A FETAL AND INFANT  MORTALITY  REVIEW  BOARD  ESTAB-
 LISHED  BY  THIS  SECTION,  REFERRED  TO  IN  THIS SECTION AS THE "STATE
 BOARD", OR A BOARD OPERATING UNDER THIS SECTION ESTABLISHED BY THE  CITY
 OF  NEW  YORK,  WITH  OR  WITHOUT  AN  AGREEMENT  WITH THE COMMISSIONER,
 REFERRED TO IN THIS SECTION AS THE "CITY BOARD".
   (B) "FETAL AND INFANT DEATH" MEANS PREGNANCY LOSS THAT ENDS IN MISCAR-
 RIAGE OR STILLBIRTH, OR INFANT DEATHS WITHIN ONE YEAR OF BIRTH.
   (C) "SEVERE FETAL AND INFANT MORBIDITY" OR "MORBIDITY" MEANS  UNANTIC-
 IPATED  OUTCOMES OF PREGNANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIF-
 ICANT SHORT- OR LONG-TERM CONSEQUENCES TO A CHILD'S HEALTH.
   (D) "CITY COMMISSIONER" MEANS THE COMMISSIONER OF THE  NEW  YORK  CITY
 DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   2.  (A)  THERE  IS  HEREBY ESTABLISHED IN THE DEPARTMENT THE FETAL AND
 INFANT MORTALITY REVIEW BOARD FOR THE PURPOSE  OF  REVIEWING  FETAL  AND
 INFANT  DEATHS AND FETAL AND INFANT MORBIDITY AND DEVELOPING AND DISSEM-
 INATING FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO  CONTRIBUTE  TO
 THE  PREVENTION  OF  FETAL AND INFANT MORTALITY AND MORBIDITY. THE BOARD
 SHALL ASSESS THE CAUSE OF DEATH, FACTORS LEADING TO DEATH AND  PREVENTA-
 BILITY  FOR  EACH FETAL AND INFANT DEATH REVIEWED AND, IN THE DISCRETION
 OF THE BOARD, CASES OF SEVERE FETAL  AND  INFANT  MORBIDITY,  AND  SHALL
 DEVELOP  AND  DISSEMINATE  STRATEGIES FOR REDUCING THE RISK OF FETAL AND
 INFANT MORTALITY AND MORBIDITY, INCLUDING RISK  RESULTING  FROM  RACIAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10339-03-4
 A. 9140--A                          2
 
 ECONOMIC,  OR  OTHER  DISPARITIES.  THE  COMMISSIONER  MAY  DELEGATE THE
 AUTHORITY TO CONDUCT FETAL AND INFANT MORTALITY REVIEWS.
   (B)  THE COMMISSIONER MAY ENTER INTO AN AGREEMENT WITH THE CITY OF NEW
 YORK PROVIDING:
   (I) THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO FETAL AND INFANT
 DEATHS AND SEVERE FETAL AND INFANT MORBIDITY OCCURRING WITHIN  THE  CITY
 OF NEW YORK SHALL BE CONDUCTED BY THE CITY BOARD;
   (II)  THE  CITY  BOARD SHALL PROVIDE TO THE STATE BOARD THE RESULTS OF
 ITS REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE  CITY  BOARD,
 AND THE RECOMMENDATIONS OF THE CITY BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE CITY BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (C)  NOTHING  IN  THIS SECTION SHALL PREVENT THE CITY OF NEW YORK FROM
 ESTABLISHING, WITHOUT AN AGREEMENT WITH THE COMMISSIONER, A BOARD RELAT-
 ING TO FETAL AND INFANT DEATHS AND SEVERE  FETAL  AND  INFANT  MORBIDITY
 OCCURRING WITHIN THE CITY OF NEW YORK.
   3.  (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPRISED OF MULTIDIS-
 CIPLINARY EXPERTS IN THE FIELD OF FETAL  AND  INFANT  MORTALITY,  FETAL,
 NEONATAL  AND  INFANT HEALTH AND PUBLIC HEALTH, MATERNAL HEALTH, OBSTET-
 RICS AND GYNECOLOGY, AND SHALL  INCLUDE  HEALTH  CARE  PROFESSIONALS  OR
 OTHER  EXPERTS  WHO  SERVE AND ARE REPRESENTATIVE OF THE RACIAL, ETHNIC,
 AND SOCIOECONOMIC DIVERSITY OF THE STATE AND, TO  THE  EXTENT  POSSIBLE,
 THE  MEDICALLY UNDERSERVED AREAS OF THE STATE OR AREAS OF THE STATE WITH
 DISPROPORTIONATELY HIGH OCCURRENCES OF FETAL  AND  INFANT  MORTALITY  OR
 MORBIDITY.
   (B)  THE  STATE  BOARD SHALL BE COMPOSED OF NINE MEMBERS, APPOINTED AS
 FOLLOWS: THREE MEMBERS SHALL  BE   APPOINTED   BY   THE GOVERNOR;    TWO
 MEMBERS  SHALL  BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO MEMBERS
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE  MEMBER
 SHALL  BE    APPOINTED  BY    THE MINORITY LEADER OF THE SENATE; AND ONE
 MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   (C) THE TERMS OF THE STATE BOARD MEMBERS SHALL  BE  THREE  YEARS.  THE
 COMMISSIONER  MAY  CHOOSE TO REAPPOINT STATE BOARD MEMBERS TO ADDITIONAL
 THREE-YEAR TERMS.
   (D) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, BUT  NO
 LESS THAN FIVE, SHALL CONSTITUTE A QUORUM.
   (E)  WHEN  ANY MEMBER OF THE STATE BOARD FAILS TO ATTEND THREE CONSEC-
 UTIVE REGULAR MEETINGS, UNLESS GOOD CAUSE IS  SHOWN  FOR  SUCH  ABSENCE,
 THAT  MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF
 A SUCCESSOR.
   (F) MEETINGS OF THE STATE BOARD SHALL BE HELD AT LEAST  TWICE  A  YEAR
 BUT  MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
 OF THE DEPARTMENT.
   (G) MEMBERS OF THE STATE AND CITY BOARDS SHALL  BE  INDEMNIFIED  UNDER
 SECTION  SEVENTEEN  OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE
 GENERAL MUNICIPAL LAW, AS THE CASE MAY BE.
   (H) MEMBERS OF THE STATE BOARD SHALL  NOT  BE  COMPENSATED  FOR  THEIR
 PARTICIPATION  ON  THE  BOARD  BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
 ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
   (I) MEMBERSHIP ON A BOARD SHALL NOT DISQUALIFY ANY PERSON FROM HOLDING
 ANY PUBLIC OFFICE OR EMPLOYMENT.
   4. (A) THE COMMISSIONER MAY REQUEST AND  SHALL  RECEIVE  UPON  REQUEST
 FROM  ANY  DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
 DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
 OF OR ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT  LIMITED
 TO  DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,
 A. 9140--A                          3

 HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT
 WILL HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY  CARRY  OUT  ITS
 FUNCTIONS, POWERS AND DUTIES. THE COMMISSIONER, OR THE CITY COMMISSIONER
 FOR  THE FETAL AND INFANT DEATHS OR FETAL AND INFANT MORBIDITY OCCURRING
 WITHIN THE VITAL STATISTICS REGISTRATION DISTRICT OF  THE  CITY  OF  NEW
 YORK,  MAY  REQUEST  AND SHALL RECEIVE UPON REQUEST FROM ANY DEPARTMENT,
 DIVISION, BOARD, COMMISSION OR OTHER AGENCY UNDER THE AUTHORITY  OF  THE
 CITY  OF  NEW  YORK AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, BIRTHING  FACILITIES,  MEDICAL  EXAMINERS,
 CORONERS  AND  CORONER  PHYSICIANS  AND  ANY  OTHER  FACILITY  PROVIDING
 SERVICES ASSOCIATED WITH FETAL AND INFANT MORTALITY OR FETAL AND  INFANT
 MORBIDITY,  SUCH  INFORMATION,  INCLUDING,  BUT  NOT  LIMITED  TO, DEATH
 RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,  HOSPITAL
 DISCHARGE  RECORDS,  BIRTH  RECORDS  AND ANY OTHER INFORMATION THAT WILL
 HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT  ITS  FUNC-
 TIONS, POWERS AND DUTIES.
   (B)  THE  COMMISSIONER AND THE CITY COMMISSIONER SHALL RECEIVE AND MAY
 SOLICIT VOLUNTARY INFORMATION, INCLUDING  ORAL  OR  WRITTEN  STATEMENTS,
 RELATING  TO  ANY  FETAL  AND  INFANT DEATH AND CASE OF SEVERE FETAL AND
 INFANT MORBIDITY, FROM ANY  FAMILY  MEMBER  OR  OTHER  INTERESTED  PARTY
 RELATING  TO  ANY  CASE  THAT MAY COME BEFORE THE BOARD. ORAL STATEMENTS
 RECEIVED UNDER THIS PARAGRAPH SHALL  BE  TRANSCRIBED  OR  SUMMARIZED  IN
 WRITING.  THE COMMISSIONER AND THE CITY COMMISSIONER SHALL TRANSMIT THAT
 INFORMATION TO THE BOARD CONSIDERING THE CASE.
   (C) BEFORE TRANSMITTING ANY INFORMATION TO THE BOARD, THE COMMISSIONER
 OR THE CITY COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING  INFORMA-
 TION  OF THE FETUS OR INFANT, INDIVIDUALS EXPERIENCING PREGNANCY LOSS OR
 PARENTS OF INFANT, HEALTH CARE PRACTITIONER OR PRACTITIONERS, OR  ANYONE
 ELSE  INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
 FACILITY THAT TREATED THE FETUS OR INFANT,  AND  ANY  OTHER  INFORMATION
 SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY IDENTIFY THE FETUS OR
 INFANT, PRACTITIONER, OR FACILITY.
   (D)  INFORMATION  RECEIVED  OR  TRANSMITTED  UNDER THIS SECTION IS NOT
 ADMISSIBLE IN ANY  CIVIL,  ADMINISTRATIVE,  CRIMINAL,  OR  FAMILY  COURT
 PROCEEDING  THAT  SEEKS  TO PUNISH OR PROSECUTE THE PREGNANT OR BIRTHING
 PERSON AND SHALL NOT BE USED AS A BASIS OF A  REPORT  TO  THE  STATEWIDE
 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   5. EACH BOARD:
   (A) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
   (B)  SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE COMMIS-
 SIONER, AND IN THE CASE OF THE CITY BOARD TO THE  COMMISSIONER  AND  THE
 CITY  COMMISSIONER  REGARDING  THE  CAUSE  OF  DEATH, FACTORS LEADING TO
 DEATH, AND PREVENTABILITY OF EACH FETAL OR INFANT DEATH CASE,  AND  EACH
 CASE  OF  SEVERE  FETAL  OR  INFANT  MORBIDITY REVIEWED BY THE BOARD, BY
 REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE STATE OR THE CITY OF
 NEW YORK, AS THE CASE MAY BE, AND CONSULTING WITH EXPERTS AS  NEEDED  TO
 EVALUATE  THE  INFORMATION  FOR EACH DEATH; PROVIDED THAT NO INFORMATION
 WHICH, ALONE OR IN COMBINATION, WOULD PERMIT AN INDIVIDUAL  WHO  EXPERI-
 ENCED A PREGNANCY LOSS OR INFANT DEATH TO BE IDENTIFIED MAY BE REQUESTED
 OR  SHARED  WITH  CONSULTING  EXPERTS,  AND THAT INFORMATION REVIEWED OR
 FINDINGS MADE BY THE BOARD SHALL NOT BE ADMISSIBLE IN ANY CIVIL,  ADMIN-
 ISTRATIVE, CRIMINAL, OR FAMILY COURT PROCEEDING AND SHALL NOT BE USED AS
 A BASIS OF A REPORT TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
 MALTREATMENT;
 A. 9140--A                          4
 
   (C)  SHALL DEVELOP AND DELIVER TO THE COMMISSIONER, AND IN THE CASE OF
 THE CITY BOARD TO THE COMMISSIONER AND THE CITY COMMISSIONER  FOR  AREAS
 OF FOCUS, RECOMMENDATIONS ON:
   (I) ISSUES OF SEVERE FETAL AND INFANT MORBIDITY;
   (II)  ADDRESSING  SOCIAL  DETERMINANTS  OF  FETAL  AND  INFANT HEALTH,
 INCLUDING RACIAL, ECONOMIC OR OTHER HISTORICAL AND  CONTEMPORARY  INJUS-
 TICES WHICH LEAD TO DISPARITIES IN FETAL AND INFANT OUTCOMES;
   (III)  POLICIES,  BEST  PRACTICES,  AND STRATEGIES TO REDUCE FETAL AND
 INFANT MORTALITY AND MORBIDITY;
   (IV) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
   (V) METHODS OF IMPLEMENTING CONTINUOUS QUALITY  IMPROVEMENT  IN  FETAL
 AND INFANT MORTALITY AND MORBIDITY;
   (D)  SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND RECOMMEN-
 DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
   (E) SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS  CONTRIB-
 UTING TO FETAL AND INFANT DEATHS;
   (F) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
 OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
 CARE SYSTEM CHANGE;
   (G)  SHALL  IDENTIFY  SYSTEM  WIDE  CHALLENGES  TO IMPROVING FETAL AND
 INFANT HEALTH CARE;
   (H) MAY, IN ADDITION TO THE FINDINGS AND  RECOMMENDATIONS  MADE  UNDER
 THIS  SUBDIVISION,  AND  CONSISTENT  WITH ALL APPLICABLE CONFIDENTIALITY
 PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
 SIONER OR THE CITY COMMISSIONER, AND IN THE CASE OF THE  CITY  BOARD  TO
 THE COMMISSIONER AND THE CITY COMMISSIONER; AND
   (I)  MAY  REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
 IN THE INSTANCE OF THE STATE BOARD AND  THE  CITY  COMMISSIONER  IN  THE
 INSTANCE OF THE CITY BOARD IN CARRYING OUT ITS FUNCTIONS.
   6.  THE  COMMISSIONER AND THE CITY COMMISSIONER AND THE STATE AND CITY
 BOARDS  SHALL  EACH  KEEP  CONFIDENTIAL  ANY  INFORMATION  COLLECTED  OR
 RECEIVED  UNDER THIS SECTION THAT INCLUDES PERSONAL IDENTIFYING INFORMA-
 TION OF THE FETUS OR INFANT, FETUS  OR  INFANT'S  PARENTS,  HEALTH  CARE
 PRACTITIONER OR PRACTITIONERS, OR ANYONE ELSE INDIVIDUALLY NAMED IN SUCH
 INFORMATION,  AS WELL AS THE HOSPITAL OR FACILITY THAT TREATED THE FETUS
 OR INFANT, AND ANY OTHER INFORMATION SUCH AS  GEOGRAPHIC  LOCATION  THAT
 MAY  INADVERTENTLY  IDENTIFY  THE FETUS OR INFANT, THE FETUS OR INFANT'S
 PARENTS, PRACTITIONER,  OR  FACILITY,  AND  SHALL  USE  THE  INFORMATION
 PROVIDED  OR  RECEIVED  UNDER  THIS  SECTION  SOLELY FOR THE PURPOSES OF
 IMPROVEMENT OF THE QUALITY OF  FETAL  AND  INFANT  HEALTH  CARE  AND  TO
 PREVENT FETAL AND INFANT MORTALITY AND MORBIDITY. THIS SUBDIVISION SHALL
 NOT  PRECLUDE  THE  TRANSMITTING  OF  INFORMATION  TO  THE BOARD THAT IS
 REASONABLY NECESSARY TO ENABLE  THE  BOARD  TO  PERFORM  AN  APPROPRIATE
 REVIEW  UNDER  THIS  SECTION.  ALL RECORDS RECEIVED, MEETINGS CONDUCTED,
 REPORTS, EXCEPT THOSE PUBLIC REPORTS REQUIRED TO BE ISSUED BY THE  BOARD
 BY  THIS  SECTION,  AND  RECORDS  MADE  AND MAINTAINED AND ALL BOOKS AND
 PAPERS OBTAINED BY THE BOARD SHALL BE CONFIDENTIAL AND SHALL NOT BE MADE
 OPEN OR AVAILABLE, INCLUDING UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS
 LAW,  AND  SHALL BE LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED
 BY THE COMMISSIONER OR CITY COMMISSIONER. SUCH INFORMATION SHALL NOT  BE
 DISCOVERABLE  OR  ADMISSIBLE  AS  EVIDENCE IN ANY ACTION IN ANY COURT OR
 BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
   7. THE COMMISSIONER AND THE CITY COMMISSIONER, WITHIN THEIR RESPECTIVE
 LEGAL AUTHORITY, MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE  BOARDS
 TO  DEVELOP  GUIDANCE  AND OTHER ACTIONS RELATING TO BEST PRACTICES, AND
 A. 9140--A                          5
 
 SHALL DISSEMINATE  INFORMATION  RELATING  TO  THAT  GUIDANCE  AND  OTHER
 ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
   §  2. This act shall take effect one year after it shall have become a
 law.