NY State Senate Bill 2023-S2039

Current Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2024	returned to senate passed assembly ordered to third reading rules cal.1 substituted for a2870b
Jan 22, 2024	referred to ways and means delivered to assembly passed senate
Jan 16, 2024	advanced to third reading amended 2039b
Jan 09, 2024	2nd report cal.
Jan 08, 2024	1st report cal.96
Jan 04, 2024	print number 2039a
Jan 04, 2024	amend and recommit to women's issues
Jan 03, 2024	referred to women's issues
Jan 18, 2023	referred to women's issues

Votes

- Jan 22, 2024 - Floor Vote
  S2039
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 22, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Oberacker
      
      Walczyk
  Jan 8, 2024 - Women's Issues Committee Vote
  S2039
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Jan 8, 2024
      
      aye (6)
      
      Canzoneri-Fitzpatrick
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Webb
      
      Weik
      
      excused (1)
      
      Serrano

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S2039 - Details

See Assembly Version of this Bill:: A2870
Law Section:: Public Health Law
Laws Affected:: Amd §2500-k, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7138
2019-2020: A3016
2021-2022: S7865, A5076

2023-S2039 - Summary

Directs the commissioner of health, in consultation with the office of mental health and other relevant stakeholders, to develop guidance and standards for routine maternal depression screenings, referrals, diagnosis and treatment, and to provide training and materials on issues related to maternal depression.

2023-S2039 - Sponsor Memo

                                 
BILL NUMBER: S2039

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, in relation to maternal
depression screenings

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires maternal health care providers to offer a maternal depression
screening to new mothers when providing prenatal, postnatal, and pedia-
tric care for the mother's child.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends subdivision 1 of section 2500-k of the
public health law to define "questionnaire" for the purposes of this
section as an assessment tool to detect maternal depression.

Section two of this bill amends subdivision 3 of section 2500--k of the
public health law to require maternal health care providers providing

prenatal care, postnatal care, and pediatric care to screen the person
who gave birth for maternal depression by inviting the birthing person
to fill out a questionnaire that will help detect maternal depression.
The bill also recommends that maternal health care providers make the
best efforts to contact the person who gave birth within 21 days from
the date of delivery and use industry practices to detect maternal
depression. "Maternal health care providers" are already defined in the
public health law as a physician, midwife, nurse practitioner, or physi-
cian assistant attending a pregnant woman or a woman or her child up to
one year after childbirth. This section also requires consent be
obtained from the mother before the mother's results of the question-
naire may be shared with the mother's primary health care professional.

Section three provides the effective date.

 
JUSTIFICATION:

This bill would make maternal depression screenings more available to
new mothers by asking providers to offer screenings not just at their
pre and postpartum checkups, but also at the initial pediatric checkups
of their new born child. The intent is to help health care professionals
better detect and refer patients suffering from maternal depression to
appropriate care, improving the health of not only the mother but the
whole family.

Section 2500-k of the Public Health Law defines the term "maternal
depression" as a wide range of emotional and psychological reactions one
may experience during pregnancy or after childbirth. These reactions may
include but are not limited to, feelings of despair or extreme guilt,
prolonged sadness, lack of energy, difficulty concentrating, fatigue,
extreme changes in appetite, and thoughts of suicide or of harming the
baby. Maternal depression may include prenatal depression, the "baby
blues," postpartum depression, or postpartum psychosis - the severest
form.

Maternal depression can create bonding Issues between a gestational
parent and their baby, contribute to sleep and feeding problems, and
cause emotional, developmental and verbal complications in children.
According to the American College of Obstetricians and Gynecologists
(ACOG), maternal mental health conditions affect 20% of all birthing
people and alarmingly, 40% of Black birthing persons during pregnancy or
postpartum. It is estimated that over half of the instances of maternal
depression in women of color go unreported.

ACOG has recommended that postpartum care should be an ongoing process
rather than a single encounter and that all women and gestational
parents have with their OB-GYNs within the first three weeks postpartum.

Passing this bill to make maternal depression screenings more available
would improve the health of tens of thousands of birthing parents annu-
ally, and by extension would support the health of all members of these
growing families.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: committed to rules

 
FISCAL IMPLICATIONS:

None.

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

2023-S2039 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2039
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. BROUK, ADDABBO, CLEARE, COONEY, GOUNARDES, HARCKHAM,
   HOYLMAN-SIGAL, KENNEDY, MYRIE, PERSAUD, SANDERS, SKOUFIS, WEIK -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Women's Issues
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  maternal
   depression screenings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2500-k of the public health law is
 amended by adding a new paragraph (c) to read as follows:
   (C)  "QUESTIONNAIRE"  MEANS  AN  ASSESSMENT  TOOL  ADMINISTERED  BY  A
 LICENSED HEALTH CARE PROFESSIONAL, TO DETECT MATERNAL DEPRESSION SUCH AS
 THE  EDINBURGH  POSTNATAL  DEPRESSION  SCALE,  THE POSTPARTUM DEPRESSION
 SCREENING SCALE, THE BECK DEPRESSION INVENTORY, THE PATIENT HEALTH QUES-
 TIONNAIRE, OR OTHER VALIDATED ASSESSMENT  METHODS  AS  APPROVED  BY  THE
 COMMISSIONER.
   §  2. Subdivisions 3 and 4 of section 2500-k of the public health law,
 subdivision 4 as renumbered by chapter 463 of  the  laws  of  2017,  are
 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
 as follows:
   3.  MATERNAL DEPRESSION SCREENINGS. (A) MATERNAL HEALTH CARE PROVIDERS
 PROVIDING PRENATAL CARE AT A PRENATAL VISIT SHALL INVITE  EACH  PREGNANT
 PATIENT TO COMPLETE A QUESTIONNAIRE AND SHALL REVIEW THE COMPLETED QUES-
 TIONNAIRE  IN ACCORDANCE WITH THE FORMAL OPINIONS AND RECOMMENDATIONS OF
 THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. ASSESSMENT  FOR
 MATERNAL  DEPRESSION MUST BE REPEATED WHEN, IN THE PROFESSIONAL JUDGMENT
 OF THE MATERNAL HEALTH CARE PROVIDER, A  REASONABLE  POSSIBILITY  EXISTS
 THAT THE PREGNANT PATIENT SUFFERS FROM MATERNAL DEPRESSION.
   (B) MATERNAL HEALTH CARE PROVIDERS PROVIDING POSTNATAL CARE TO PERSONS
 WHO GAVE BIRTH SHALL INVITE EACH PATIENT TO COMPLETE A QUESTIONNAIRE AND
 SHALL  REVIEW  THE COMPLETED QUESTIONNAIRE IN ACCORDANCE WITH THE FORMAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03810-01-3

 S. 2039                             2
 
 OPINIONS OF THE AMERICAN COLLEGE  OF  OBSTETRICIANS  AND  GYNECOLOGISTS.
 ASSESSMENT FOR MATERNAL DEPRESSION MUST BE REPEATED WHEN, IN THE PROFES-
 SIONAL  JUDGMENT  OF  THE  MATERNAL  HEALTH  CARE PROVIDER, A REASONABLE
 POSSIBILITY  EXISTS  THAT  THE  PREGNANT  PATIENT  SUFFERS FROM MATERNAL
 DEPRESSION.
   (C) IT IS RECOMMENDED THAT MATERNAL HEALTH  CARE  PROVIDERS  MAKE  THE
 BEST  EFFORTS  PRACTICABLE  TO  CONTACT THE PERSON WHO GAVE BIRTH WITHIN
 TWENTY-ONE DAYS FROM THE DATE OF DELIVERY AND USE INDUSTRY PRACTICES  TO
 DETECT MATERNAL DEPRESSION PURSUANT TO THIS SECTION.
   (D)  MATERNAL  HEALTH  CARE  PROVIDERS  PROVIDING PEDIATRIC CARE TO AN
 INFANT SHALL INVITE THE INFANT'S MOTHER TO COMPLETE A  QUESTIONNAIRE  AT
 ANY  WELL-CHILD  CHECK-UP  AT  WHICH  THE MOTHER IS PRESENT PRIOR TO THE
 INFANT'S FIRST BIRTHDAY, AND SHALL REVIEW THE COMPLETED QUESTIONNAIRE IN
 ACCORDANCE WITH THE FORMAL OPINIONS AND RECOMMENDATIONS OF THE  AMERICAN
 COLLEGE  OF OBSTETRICIANS AND GYNECOLOGISTS, IN ORDER TO ENSURE THAT THE
 HEALTH AND WELL-BEING OF THE INFANT IS NOT COMPROMISED BY AN UNDIAGNOSED
 CONDITION OF MATERNAL DEPRESSION IN THE MOTHER.  ASSESSMENT FOR MATERNAL
 DEPRESSION MUST BE REPEATED WHEN, IN THE PROFESSIONAL  JUDGMENT  OF  THE
 MATERNAL  HEALTH CARE PROVIDER, A REASONABLE POSSIBILITY EXISTS THAT THE
 PREGNANT PATIENT SUFFERS FROM MATERNAL DEPRESSION.
   (E) CONSENT FROM THE MOTHER MUST BE OBTAINED BEFORE A MATERNAL  HEALTH
 CARE  PROVIDER  MAY  SHARE  RESULTS FROM AN ASSESSMENT WITH THE MOTHER'S
 PRIMARY LICENSED HEALTH CARE PROFESSIONAL, UNLESS THE MOTHER  IS  DETER-
 MINED TO PRESENT A DANGER TO HERSELF OR OTHERS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-S2039A - Details

See Assembly Version of this Bill:: A2870
Law Section:: Public Health Law
Laws Affected:: Amd §2500-k, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7138
2019-2020: A3016
2021-2022: S7865, A5076

2023-S2039A - Summary

2023-S2039A - Sponsor Memo

                                 
BILL NUMBER: S2039A

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, in relation to maternal
depression screenings

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the commissioner of health in consultation with relevant stake-
holders to develop and publish guidance and standards for incorporation
of maternal depression screenings into routine perinatal and postpartum
care.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends subdivision 1 of section 2500-k of the
public health law to define "maternal depression" and "maternal health
care provider" for the purposes of this section.

Section two of this bill amends subdivision 3 and 4 of section 2500--k

of the public health law to require the commissioner in consultation
with other relevant stakeholders to develop and publish guidance and
standards for incorporating maternal depression screenings into routine
perinatal care. This guidance shall include, but not be limited to,
recommendations and best practices related to: (i) when maternal health
care providers should initiate maternal depression screenings and how
often such screenings should be repeated throughout pregnancy and the
postpartum period; (ii) screening for social needs that may contribute
to maternal depression such as social support, intimate partner
violence, food and housing insecurity, diaper insecurity, and barriers
to appropriate healthcare; (iii) screening for substance use disorders;
(iv) referrals for appropriate follow-up evaluation, diagnosis, and
treatment; and (v) reimbursement methodologies to incentivize provider
participation. The commissioner in consultation with other relevant
stakeholders shall also identify existing information and training
programs designed to support maternal depression screening and treat-
ment, and publish the links to such information and training programs on
the department's website.

Section three provides the effective date.

 
JUSTIFICATION:

This bill would make maternal depression screenings more available to
new mothers by asking the commissioner to develop and publish standards
for incorporating maternal depression screenings into routine care. This
would include having these screenings as the standard for pre and post-
partum checkups, but also at the initial pediatric checkups of their new
born child. The intent is to help health care professionals better
detect and refer patients suffering from maternal depression to appro-
priate care, improving the health of not only the mother but the whole
family.

Section 2500-k of the Public Health Law defines the term "maternal
depression" as a wide range of emotional and psychological reactions an
individual may experience throughout pregnancy and the postpartum peri-
od. These reactions may include, but are not limited to, feelings of
despair or extreme guilt, prolonged sadness, lack of energy, difficulty
concentrating, fatigue, extreme changes in appetite, and thoughts of
suicide or of harming the baby. Maternal depression may include prenatal
depression, perinatal mood and anxiety disorder, the "baby blues," post-
partum depression, or postpartum psychosis.

Maternal depression can create bonding Issues between a gestational
parent and their baby, contribute to sleep and feeding problems, and
cause emotional, developmental and verbal complications in children.
According to the American College of Obstetricians and Gynecologists
(ACOG), maternal mental health conditions affect 20% of all birthing
people and alarmingly, 40% of Black birthing persons during pregnancy
or, postpartum. It is estimated that over half of the instances of
maternal depression in women of color go unreported.

ACOG has recommended that postpartum care should be an ongoing process
rather than a single encounter and that all women and gestational
parents have with their OB-GYNs within the first three weeks postpartum.

Passing this bill to make maternal depression screenings more available
would improve the health of tens of thousands of birthing parents annu-
ally, and by extension would support the health of all members of these
growing families.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: committed to rules

 
FISCAL IMPLICATIONS:

None.

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

2023-S2039A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2039--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. BROUK, ADDABBO, CLEARE, COONEY, GOUNARDES, HARCKHAM,
   HOYLMAN-SIGAL,  KENNEDY,  MYRIE,  PERSAUD,  SALAZAR, SANDERS, SKOUFIS,
   WEIK -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Women's Issues -- recommitted to the Committee
   on Women's Issues in accordance with Senate Rule 6, sec. 8 --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  maternal
   depression screenings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2500-k of the public  health  law,
 as  added  by  chapter  199  of  the laws of 2014, is amended to read as
 follows:
   1. Definitions. As used in this section:
   (a) "Maternal depression" means a wide range of emotional and  psycho-
 logical  reactions  [a  woman]  AN  INDIVIDUAL  may  experience [during]
 THROUGHOUT pregnancy [or after childbirth] AND  THE  POSTPARTUM  PERIOD.
 These reactions may include, but are not limited to, feelings of despair
 or  extreme guilt, prolonged sadness, lack of energy, difficulty concen-
 trating, fatigue, extreme changes in appetite, and thoughts  of  suicide
 or  of  harming  the  baby.  Maternal  depression  may  include prenatal
 depression, PERINATAL MOOD AND ANXIETY DISORDER, the "baby blues," post-
 partum depression, or postpartum psychosis[-- the severest form].
   (b) "Maternal health care provider" means a physician, midwife,  nurse
 practitioner,  or physician assistant, or other health care practitioner
 acting within his or her lawful scope of practice, attending a [pregnant
 woman or a woman up to one year after childbirth] PERINATAL  INDIVIDUAL,
 including  [a]  ANY  practitioner  attending  the [woman's] INDIVIDUAL'S
 child, FROM CONCEPTION up to one year [after childbirth] POSTPARTUM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03810-02-4
 S. 2039--A                          2

 
   § 2. Subdivisions 3 and 4 of section 2500-k of the public health  law,
 subdivision  4  as  renumbered  by  chapter 463 of the laws of 2017, are
 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
 as follows:
   3.  MATERNAL DEPRESSION SCREENINGS. (A) THE COMMISSIONER, IN CONSULTA-
 TION WITH OTHER RELEVANT STAKEHOLDERS, SHALL DEVELOP AND  PUBLISH  GUID-
 ANCE AND STANDARDS FOR INCORPORATING MATERNAL DEPRESSION SCREENINGS INTO
 ROUTINE  PERINATAL CARE. THIS GUIDANCE SHALL INCLUDE, BUT NOT BE LIMITED
 TO, RECOMMENDATIONS AND BEST PRACTICES RELATED TO:
   (I) WHEN MATERNAL  HEALTH  CARE  PROVIDERS  SHOULD  INITIATE  MATERNAL
 DEPRESSION  SCREENINGS  AND HOW OFTEN SUCH SCREENINGS SHOULD BE REPEATED
 THROUGHOUT PREGNANCY AND THE POSTPARTUM PERIOD;
   (II) SCREENING FOR  SOCIAL  NEEDS  THAT  MAY  CONTRIBUTE  TO  MATERNAL
 DEPRESSION  SUCH  AS SOCIAL SUPPORT, INTIMATE PARTNER VIOLENCE, FOOD AND
 HOUSING INSECURITY,  DIAPER  INSECURITY,  AND  BARRIERS  TO  APPROPRIATE
 HEALTHCARE;
   (III) SCREENING FOR SUBSTANCE USE DISORDERS;
   (IV)  REFERRALS  FOR  APPROPRIATE FOLLOW-UP EVALUATION, DIAGNOSIS, AND
 TREATMENT; AND
   (V) REIMBURSEMENT METHODOLOGIES TO INCENTIVIZE PROVIDER PARTICIPATION.
   (B) THE COMMISSIONER, IN CONSULTATION WITH OTHER  RELEVANT  STAKEHOLD-
 ERS,  SHALL IDENTIFY EXISTING INFORMATION AND TRAINING PROGRAMS DESIGNED
 TO SUPPORT MATERNAL DEPRESSION SCREENING AND TREATMENT, AND PUBLISH  THE
 LINKS  TO  SUCH  INFORMATION  AND  TRAINING PROGRAMS ON THE DEPARTMENT'S
 WEBSITE. THE IDENTIFIED INFORMATION AND TRAINING PROGRAMS SHALL  INCLUDE
 THE FOLLOWING TOPICS:
   (I) HEALTH EQUITY;
   (II) IMPLICIT BIAS AND CULTURAL COMPETENCY;
   (III) SCREENING, REFERRAL AND TREATMENT OPTIONS;
   (IV) PATIENT RESOURCES AND AVAILABLE SERVICES;
   (V) PATIENTS' RIGHTS;
   (VI) PHARMACOTHERAPY;
   (VII) TRAUMA-INFORMED, PATIENT-CENTERED CARE; AND
   (VIII) OTHER TOPICS AS IDENTIFIED BY THE COMMISSIONER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-S2039B (ACTIVE) - Details

See Assembly Version of this Bill:: A2870
Law Section:: Public Health Law
Laws Affected:: Amd §2500-k, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7138
2019-2020: A3016
2021-2022: S7865, A5076

2023-S2039B (ACTIVE) - Summary

2023-S2039B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2039B

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, in relation to maternal
depression screenings

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the commissioner of health in consultation with relevant stake-
holders to develop and publish guidance and standards for incorporation
of maternal depression screenings into routine perinatal and postpartum
care.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends subdivision 1 of section 2500-k of the
public health law to define "maternal depression" and "maternal health
care provider" for the purposes of this section.

Section two of this bill amends subdivision 3 and 4 of section 2500--k

of the public health law to require the commissioner in consultation
with other relevant stakeholders to develop and publish guidance and
standards for incorporating maternal depression screenings into routine
perinatal care. This guidance shall include, but not be limited to,
recommendations and best practices related to: (i) when maternal health
care providers should initiate maternal depression screenings and how
often such screenings should be repeated throughout pregnancy and the
postpartum period; (ii) screening for social needs that may contribute
to maternal depression such as social support, intimate partner
violence, food and housing insecurity, diaper insecurity, and barriers
to appropriate healthcare; (iii) screening for substance use disorders;
(iv) referrals for appropriate follow-up evaluation, diagnosis, and
treatment; and (v) reimbursement methodologies to incentivize provider
participation. The commissioner in consultation with other relevant
stakeholders shall also identify existing information and training
programs designed to support maternal depression screening and treat-
ment, and publish the links to such information and training programs on
the department's website.

Section three provides the effective date.

 
JUSTIFICATION:

This bill would make maternal depression screenings more available to
new mothers by asking the commissioner to develop and publish standards
for incorporating maternal depression screenings into routine care. This
would include having these screenings as the standard for pre and post-
partum checkups, but also at the initial pediatric checkups of their
newborn child. The intent is to help health care professionals better
detect and refer patients suffering from maternal depression to appro-
priate care, improving the health of not only the mother but the whole
family.

Section 2500-k of the Public Health Law defines the term "maternal
depression" as a wide range of emotional and psychological reactions an
individual may experience throughout pregnancy and the postpartum peri-
od. These reactions may include, but are not limited to, feelings of
despair or extreme guilt, prolonged sadness, lack of energy, difficulty
concentrating, fatigue, extreme changes in appetite, and thoughts of
suicide or of harming the baby. Maternal depression may include prenatal
depression, perinatal mood and anxiety disorder, the "baby blues," post-
partum depression, or postpartum psychosis.

Maternal depression can create bonding Issues between a gestational
parent and their baby, contribute to sleep and feeding problems, and
cause emotional, developmental and verbal complications in children.
According to the American College of Obstetricians and Gynecologists
(AGOG), maternal mental health conditions affect 20% of all birthing
people and alarmingly, 40% of Black birthing persons during pregnancy
or, postpartum. It is estimated that over half of the instances of
maternal depression in women of color go unreported.

AGOG has recommended that postpartum care should be an ongoing process
rather than a single encounter and that all women and gestational
parents have with their OB-GYNs within the first three weeks postpartum.

Passing this bill to make maternal depression screenings more available
would improve the health of tens of thousands of birthing parents annu-
ally, and by extension would support the health of all members of these
growing families.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: committed to rules

 
FISCAL IMPLICATIONS:

None.

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

2023-S2039B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2039--B
     Cal. No. 96
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. BROUK, ADDABBO, CLEARE, COONEY, GOUNARDES, HARCKHAM,
   HOYLMAN-SIGAL,  KENNEDY,  MYRIE,  PERSAUD,  SALAZAR, SANDERS, SKOUFIS,
   WEIK -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Women's Issues -- recommitted to the Committee
   on Women's Issues in accordance with Senate Rule 6, sec. 8 --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- reported favorably  from  said  committee,
   ordered  to first and second report, amended on second report, ordered
   to a third reading, and to be  reprinted  as  amended,  retaining  its
   place in the order of third reading
 
 AN  ACT  to  amend  the  public  health  law,  in  relation  to maternal
   depression screenings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 2500-k of the public health law,
 as added by chapter 199 of the laws of  2014,  is  amended  to  read  as
 follows:
   1. Definitions. As used in this section:
   (a)  "Maternal depression" means a wide range of emotional and psycho-
 logical reactions  [a  woman]  AN  INDIVIDUAL  may  experience  [during]
 THROUGHOUT  pregnancy  [or  after childbirth] AND THE POSTPARTUM PERIOD.
 These reactions may include, but are not limited to, feelings of despair
 or extreme guilt, prolonged sadness, lack of energy, difficulty  concen-
 trating,  fatigue,  extreme changes in appetite, and thoughts of suicide
 or of  harming  the  baby.  Maternal  depression  may  include  prenatal
 depression, PERINATAL MOOD AND ANXIETY DISORDER, the "baby blues," post-
 partum depression, or postpartum psychosis[-- the severest form].
   (b)  "Maternal health care provider" means a physician, midwife, nurse
 practitioner, or physician assistant, or other health care  practitioner
 acting within his or her lawful scope of practice, attending a [pregnant
 woman  or a woman up to one year after childbirth] PERINATAL INDIVIDUAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03810-04-4
 S. 2039--B                          2
 
 including [a] ANY  practitioner  attending  the  [woman's]  INDIVIDUAL'S
 child, FROM CONCEPTION up to one year [after childbirth] POSTPARTUM.
   §  2. Subdivisions 3 and 4 of section 2500-k of the public health law,
 subdivision 4 as renumbered by chapter 463 of  the  laws  of  2017,  are
 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
 as follows:
   3.  MATERNAL DEPRESSION SCREENINGS. (A) THE COMMISSIONER, IN CONSULTA-
 TION WITH THE OFFICE OF MENTAL HEALTH, AND OTHER RELEVANT  STAKEHOLDERS,
 SHALL  DEVELOP  AND  PUBLISH  GUIDANCE  AND  STANDARDS FOR INCORPORATING
 MATERNAL DEPRESSION SCREENINGS INTO ROUTINE PERINATAL CARE.  THIS  GUID-
 ANCE  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, RECOMMENDATIONS AND BEST
 PRACTICES RELATED TO:
   (I) WHEN MATERNAL  HEALTH  CARE  PROVIDERS  SHOULD  INITIATE  MATERNAL
 DEPRESSION  SCREENINGS  AND HOW OFTEN SUCH SCREENINGS SHOULD BE REPEATED
 THROUGHOUT PREGNANCY AND THE POSTPARTUM PERIOD;
   (II) SCREENING FOR  SOCIAL  NEEDS  THAT  MAY  CONTRIBUTE  TO  MATERNAL
 DEPRESSION  SUCH  AS SOCIAL SUPPORT, INTIMATE PARTNER VIOLENCE, FOOD AND
 HOUSING INSECURITY,  DIAPER  INSECURITY,  AND  BARRIERS  TO  APPROPRIATE
 HEALTHCARE;
   (III) SCREENING FOR SUBSTANCE USE DISORDERS;
   (IV)  REFERRALS  FOR  APPROPRIATE FOLLOW-UP EVALUATION, DIAGNOSIS, AND
 TREATMENT; AND
   (V) REIMBURSEMENT METHODOLOGIES TO INCENTIVIZE PROVIDER PARTICIPATION.
   (B) THE COMMISSIONER,  IN  CONSULTATION  WITH  THE  OFFICE  OF  MENTAL
 HEALTH,  AND OTHER RELEVANT STAKEHOLDERS, SHALL IDENTIFY EXISTING INFOR-
 MATION AND TRAINING PROGRAMS DESIGNED  TO  SUPPORT  MATERNAL  DEPRESSION
 SCREENING  AND  TREATMENT, AND PUBLISH THE LINKS TO SUCH INFORMATION AND
 TRAINING PROGRAMS ON THE DEPARTMENT'S WEBSITE. THE  IDENTIFIED  INFORMA-
 TION AND TRAINING PROGRAMS SHALL INCLUDE THE FOLLOWING TOPICS:
   (I) HEALTH EQUITY;
   (II) IMPLICIT BIAS AND CULTURAL COMPETENCY;
   (III) SCREENING, REFERRAL AND TREATMENT OPTIONS;
   (IV) PATIENT RESOURCES AND AVAILABLE SERVICES;
   (V) PATIENTS' RIGHTS;
   (VI) PHARMACOTHERAPY;
   (VII) TRAUMA-INFORMED, PATIENT-CENTERED CARE; AND
   (VIII) OTHER TOPICS AS IDENTIFIED BY THE COMMISSIONER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S2039

Sponsored By

Current Bill Status - Passed Senate & Assembly

Jan 22, 2024 - Floor Vote

Floor Vote: Jan 22, 2024

Jan 8, 2024 - Women's Issues Committee Vote

Women's Issues Committee Vote: Jan 8, 2024

Bill Amendments

co-Sponsors

2023-S2039 - Details

2023-S2039 - Summary

2023-S2039 - Sponsor Memo

2023-S2039 - Bill Text download pdf

co-Sponsors

2023-S2039A - Details

2023-S2039A - Summary

2023-S2039A - Sponsor Memo

2023-S2039A - Bill Text download pdf

co-Sponsors

2023-S2039B (ACTIVE) - Details

2023-S2039B (ACTIVE) - Summary

2023-S2039B (ACTIVE) - Sponsor Memo

2023-S2039B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2039

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Sponsored By

Current Bill Status - Passed Senate & Assembly

Bill Amendments

co-Sponsors

2023-S2039 - Details

2023-S2039 - Summary

2023-S2039 - Sponsor Memo

2023-S2039 - Bill Text download pdf

co-Sponsors

2023-S2039A - Details

2023-S2039A - Summary

2023-S2039A - Sponsor Memo

2023-S2039A - Bill Text download pdf

co-Sponsors

2023-S2039B (ACTIVE) - Details

2023-S2039B (ACTIVE) - Summary

2023-S2039B (ACTIVE) - Sponsor Memo

2023-S2039B (ACTIVE) - Bill Text download pdf

Comments