S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9168--A
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Health -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the administrative code of the  city  of  New  York,  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 administrative code of the city of New York is  amended
 by adding a new section 17-166.1 to read as follows:
   §  17-166.1  FETAL  AND  INFANT  MORTALITY  REVIEW  BOARD.  A. FOR THE
 PURPOSES OF THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (1) "REVIEW BOARD" MEANS THE FETAL AND INFANT MORTALITY  REVIEW  BOARD
 ESTABLISHED BY THIS SECTION.
   (2) "FETAL AND INFANT DEATH" MEANS PREGNANCY LOSS THAT ENDS IN MISCAR-
 RIAGE OR STILLBIRTH, OR INFANT DEATHS WITHIN ONE YEAR OF BIRTH.
   (3)  "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.
   B.  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 DISSEMINATING
 FINDINGS, RECOMMENDATIONS, AND  BEST  PRACTICES  TO  CONTRIBUTE  TO  THE
 PREVENTION OF FETAL AND INFANT MORTALITY AND MORBIDITY. THE REVIEW 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  REVIEW  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, ECONOMIC, OR OTHER DISPARITIES.  THE COMMISSIONER  MAY  DELEGATE
 THE AUTHORITY TO CONDUCT FETAL AND INFANT MORTALITY REVIEWS.
   C. (1) THE MEMBERS OF THE REVIEW 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10351-03-4
 A. 9168--A                          2

 OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE OF  THE  RACIAL,  ETHNIC,
 AND  SOCIOECONOMIC  DIVERSITY OF THE CITY OF NEW YORK AND, TO THE EXTENT
 POSSIBLE, THE MEDICALLY UNDERSERVED AREAS OF THE CITY  OF  NEW  YORK  OR
 AREAS  OF  THE CITY OF NEW YORK WITH DISPROPORTIONATELY HIGH OCCURRENCES
 OF FETAL AND INFANT MORTALITY OR MORBIDITY.
   (2) THE REVIEW BOARD SHALL BE COMPOSED OF NINE MEMBERS,  ALL  OF  WHOM
 SHALL BE APPOINTED BY THE COMMISSIONER.
   (3)  THE  TERMS  OF THE REVIEW BOARD MEMBERS SHALL BE THREE YEARS. THE
 COMMISSIONER MAY CHOOSE TO REAPPOINT REVIEW BOARD MEMBERS TO  ADDITIONAL
 THREE-YEAR TERMS.
   (4) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE REVIEW BOARD, BUT NO
 LESS THAN FIVE, SHALL CONSTITUTE A QUORUM.
   (5)  WHEN ANY MEMBER OF THE REVIEW 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.
   (6) MEETINGS OF THE REVIEW BOARD SHALL BE HELD AT LEAST TWICE  A  YEAR
 BUT  MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
 OF THE DEPARTMENT.
   (7) MEMBERS OF THE REVIEW BOARD 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.
   (8) MEMBERS OF THE REVIEW BOARD SHALL NOT  BE  COMPENSATED  FOR  THEIR
 PARTICIPATION  ON  THE  REVIEW BOARD BUT SHALL RECEIVE REIMBURSEMENT FOR
 THEIR ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
   (9) MEMBERSHIP ON THE REVIEW BOARD SHALL  NOT  DISQUALIFY  ANY  PERSON
 FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT.
   D.  (1)  THE  COMMISSIONER  MAY REQUEST AND SHALL RECEIVE UPON REQUEST
 FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION,  LOCAL  HEALTH
 DEPARTMENT OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THEREOF
 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  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  THE  PUBLIC
 HEALTH LAW, 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  INFORMA-
 TION,  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.
   (2) THE COMMISSIONER SHALL RECEIVE AND MAY SOLICIT VOLUNTARY  INFORMA-
 TION,  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 REVIEW BOARD. ORAL STATEMENTS RECEIVED UNDER THIS  PARA-
 GRAPH  SHALL  BE  TRANSCRIBED OR SUMMARIZED IN WRITING. THE COMMISSIONER
 SHALL TRANSMIT THAT INFORMATION TO  THE  REVIEW  BOARD  CONSIDERING  THE
 CASE.
   (3)  BEFORE  TRANSMITTING  ANY  INFORMATION  TO  THE REVIEW BOARD, THE
 COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING  INFORMATION  OF  THE
 FETUS  OR  INFANT, INDIVIDUALS EXPERIENCING PREGNANCY LOSS OR PARENTS OF
 A. 9168--A                          3
 
 THE 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, FETUS OR INFANT'S FAMILY, PRACTITIONER, OR FACILITY.
   (4)  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.
   E. THE REVIEW BOARD:
   (1) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
   (2)  SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE COMMIS-
 SIONER 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  REVIEW  BOARD,  BY
 REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE CITY OF NEW YORK 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 EXPERIENCED 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,  ADMINISTRATIVE,  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;
   (3) SHALL DEVELOP AND DELIVER TO THE COMMISSIONER RECOMMENDATIONS ON:
   (A) ISSUES OF SEVERE FETAL AND INFANT MORBIDITY;
   (B) ADDRESSING SOCIAL DETERMINANTS OF FETAL AND INFANT HEALTH, INCLUD-
 ING  RACIAL,  ECONOMIC  OR  OTHER HISTORICAL AND CONTEMPORARY INJUSTICES
 WHICH LEAD TO DISPARITIES IN FETAL AND INFANT OUTCOMES;
   (C) POLICIES, BEST PRACTICES,  AND  STRATEGIES  TO  REDUCE  FETAL  AND
 INFANT MORTALITY AND MORBIDITY;
   (D) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
   (E)  METHODS  OF  IMPLEMENTING CONTINUOUS QUALITY IMPROVEMENT IN FETAL
 AND INFANT MORTALITY AND MORBIDITY;
   (4) SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND  RECOMMEN-
 DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
   (5)  SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS CONTRIB-
 UTING TO FETAL AND INFANT DEATHS;
   (6) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
 OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
 CARE SYSTEM CHANGE;
   (7) SHALL IDENTIFY SYSTEM  WIDE  CHALLENGES  TO  IMPROVING  FETAL  AND
 INFANT HEALTH CARE;
   (8)  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; AND
   (9)  MAY  REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
 IN CARRYING OUT ITS FUNCTIONS.
   F. THE COMMISSIONER AND THE REVIEW BOARD SHALL EACH KEEP  CONFIDENTIAL
 ANY  INFORMATION  COLLECTED OR RECEIVED UNDER THIS SECTION THAT INCLUDES
 PERSONAL IDENTIFYING INFORMATION OF THE FETUS OR INFANT,  THE  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
 A. 9168--A                          4
 
 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 REVIEW BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE REVIEW 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 REVIEW BOARD BY THIS SECTION,  AND  RECORDS
 MADE  AND  MAINTAINED  AND  ALL  BOOKS AND PAPERS OBTAINED BY THE REVIEW
 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 REVIEW BOARD MEMBERS AS  WELL  AS  THOSE  AUTHORIZED  BY  THE
 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.
   G.  THE  COMMISSIONER  MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE
 REVIEW BOARD 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 one year after it shall have become  a
 law.