S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1876
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  BROUK,  CLEARE,  KENNEDY, RAMOS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health
 
 AN  ACT  to establish a work group to set reimbursement rates for doulas
   in the state Medicaid program and address other  criteria  related  to
   their practice

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature  acknowledges  the  excluded  history  that
 healthcare  workers  and doulas have as members of historically excluded
 communities, and acknowledges the exclusionary forces these  professions
 have  had  in  gaining  the  recognition,  certification,  and equitable
 compensation for the  critical  work  they  do  in  pregnancy,  maternal
 health,  maternal mental health, and childcare. The legislature declares
 that it is the purpose of this work group to examine and  recommend  the
 best  practices  for  integrating  doulas into New York state's Medicaid
 healthcare system and ensuring  the  state  is  prepared  and  ready  to
 elevate  the  critical  work doulas perform across historically excluded
 communities across the state of New York.
   § 2. There is hereby established in  the  department  of  health,  the
 doula  Medicaid reimbursement work group, hereinafter referred to as the
 "work group." The majority of the members of the  work  group  shall  be
 composed  of  doulas, as well as multi-disciplinary experts in the field
 of doula services and maternal health who serve and  are  representative
 of  the racial, ethnic, geographic and socioeconomic diversity of birth-
 ing people in communities across the state served by the  state's  Medi-
 caid program.
   § 3. The work group shall be composed of fourteen members, which shall
 include eight members to be appointed by the governor as follows:
   a.  the commissioner of the department of health or his, her, or their
 designee;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04570-01-3
              

 S. 1876                             2
 
   b. five representatives who may either be practicing doulas, or doulas
 in training, or  individuals  with  expertise  in  the  field  of  doula
 services;
   c. one representative serving maternal health needs;
   d. one representative from the medical insurance industry;
   e.  and  six additional members, three appointed on the recommendation
 of the temporary president of the senate; and  three  appointed  on  the
 recommendation of the speaker of the assembly.
   §  4.  The governor shall designate the commissioner of the department
 of health or his, her, or their designee, as chair of the board. Members
 of the work group shall receive no compensation for their services,  but
 shall  be reimbursed for actual expenses incurred during the performance
 of their duties on the work group. Reimbursement shall allow for histor-
 ically excluded communities to participate wholly in the performance  of
 their  duties  on  the work group by providing, if necessary, reimburse-
 ments for reasonable expenses incurred that  may  include,  but  not  be
 limited to, travel, meals and lodging.
   §  5.  Appointments  shall be made within ninety days of the effective
 date of this act. Vacancies in the work group shall  be  filled  in  the
 same  manner provided for original appointments. The appointee makeup of
 the work group shall be majority doulas, as well  as  multi-disciplinary
 experts in the field of doula services and maternal health who serve and
 are  representative of the racial, ethnic, geographic, and socioeconomic
 diversity of birthing people in communities across the state.
   § 6. The work group shall conduct a study and evaluation of the costs,
 benefits and issues that may be associated with  Medicaid  reimbursement
 for doulas and for providing doula care to Medicaid recipients. The work
 group shall consider factors including but not limited to:
   a.  identifying evidence-based practices related to when and how doula
 care results in improvements to maternal and infant mortality rates;
   b. identifying successful Medicaid doula programs and  initiatives  in
 other states and recommend programs, tools, and funding sources that are
 needed to implement similar programs and initiatives in New York state;
   c.  establishing  a  criteria  for  adequate  and  equitable  Medicaid
 reimbursement rates for a primary doula;
   d.  establishing  a  criteria  for  adequate  and  equitable  Medicaid
 reimbursement  for a substitute doula, in the event the primary doula is
 unavailable to provide doula services to Medicaid patients during deliv-
 ery;
   e. considering the appropriate quantity and selection  of  antepartum,
 intrapartum,   or  postpartum  doula  visits  to  qualify  for  Medicaid
 reimbursement;
   f. examining the need for doula liability coverage and insurance;
   g. considering the need for continuing education for doulas; and
   h. recommending the state file an amendment to the Medicaid state plan
 to include payment for doula services rendered for antepartum, intrapar-
 tum, or postpartum doula services provided to a birthing person or to  a
 person at a reasonable time postpartum for labor and delivery support by
 a doula.
   §  7.  The  work group, on or before December 31, 2023, shall submit a
 final report containing all findings and recommendations to  the  gover-
 nor,  the  temporary  president  of  the  senate, and the speaker of the
 assembly.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.