BILL NUMBER: S1241

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
mandatory minimum medicaid coverage for hospital confinement for child-
birth

 
PURPOSE:

To require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
and 96 hours following caesarean section as is currently provided by
private insurers and HMO's.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 6-a to Social services Law § 365-a to
require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
and 96 hours following caesarean section. It also provides that coverage
              

may be provided for a shorter period of time in such case the in
patience hospital coverage must include at least one home care visit in
addition to any home health care coverage otherwise available.

Section 2 provides that the act shall take effect 180 days after becom-
ing law.

 
EXISTING LAW:

Chapter 56 of 1996 established mandatory minimum periods of coverage by
insurers and HMO's and care by hospitals for maternity stays following
childbirth.

 
JUSTIFICATION:

In 1996 the legislature addressed the growing trend of "Revolving Door
Deliveries," in which HMOs, insurance companies and hospitals were
restricting the length of maternity stay for mothers and newborns
following childbirth to 24 hours or less, based upon financial rather
than public health considerations. Such early discharges can be detri-
mental to the health of both mother and newborn, particularly because
many conditions which affect newborns, such as jaundice, do not manifest
themselves during the first 24 hours of life. The legislation adopted in
1996 established mandatory minimum periods of coverage for maternity
stays following childbirth, however i t did not include the same
protections for those whose care is paid for through Medicaid. This bill
insurers that those covered by Medicaid are not treated differently than
those covered by private insurance.It establishes the same mandatory
minimum periods of coverage under Medicaid that private insurers are
bound to provide.

 
LEGISLATIVE HISTORY:

2022 SENATE THIRD READING

2022 referred to assembly ways and means

2021 SENATE THIRD READING

2021 reported from health referred to assembly ways and means

2020 REFERRED TO SENATE RULES

2020 referred to assembly ways and means

2019 reported from health referred to assembly ways and means

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.