S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  266--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. RIVERA, BROUK, HINCHEY, MANNION, MAY, PARKER -- read
   twice  and  ordered  printed,  and when printed to be committed 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, the social services law and the
   family court act, in relation to establishing the maternal-infant care
   centers pilot program; and providing for the repeal of such provisions
   upon expiration thereof
 
   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-d to read as follows:
   § 2509-D. MATERNAL-INFANT CARE CENTERS PILOT PROGRAM.  THERE SHALL  BE
 ESTABLISHED  A  MATERNAL-INFANT  CARE  CENTERS PILOT PROGRAM WHEREBY THE
 COMMISSIONER,  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF   ADDICTION
 SERVICES  AND  SUPPORTS, SHALL CERTIFY OR DESIGNATE AT LEAST FOUR MATER-
 NAL-INFANT CARE CENTERS IN AREAS OF NEED  IN  THE  STATE.  SUCH  CENTERS
 SHALL PROVIDE COST EFFECTIVE, NECESSARY SERVICES AND ENHANCE THE QUALITY
 OF  CARE FOR TARGETED POPULATIONS IN ORDER TO DEMONSTRATE THE EFFECTIVE-
 NESS OF SUCH PROGRAM. ELIGIBLE INFANTS SHALL BE UNDER ONE  YEAR  OF  AGE
 AND  BE  EXPERIENCING WITHDRAWAL RESULTING FROM IN UTERO EXPOSURE DUE TO
 SUBSTANCE USE DISORDER. SUCH INFANT WITHDRAWAL  MAY  BE  THE  RESULT  OF
 CONDITIONS  INCLUDING,  BUT NOT LIMITED TO, NEONATAL ABSTINENCE SYNDROME
 OR NEONATAL OPIOID WITHDRAWAL SYNDROME. THE PROGRAM SHALL  PROVIDE  MORE
 APPROPRIATE  SETTINGS  AND  COST  EFFECTIVE  CARE FOR THESE INFANTS THAN
 HOSPITALS, WHILE ALSO PROVIDING SUPPORTS AND SERVICES TO PARENTS PREPAR-
 ING TO BRING THEIR INFANTS HOME. ACCESS TO SUCH SUPPORTS SHALL  CONTINUE
 FOR  A  PERIOD  AFTER  THE  INFANT HAS LEFT A CENTER.  THE PROGRAM SHALL
 IMPLEMENT  EVIDENCE-BASED  CLINICALLY  APPROPRIATE  PRACTICES  SHOWN  TO
 REDUCE  THE  LENGTH OF STAY WHEN COMPARED TO STANDARD NEONATAL INTENSIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01798-02-3
 S. 266--A                           2
 
 CARE UNIT CARE, AND SUPPORT FAMILY UNIFICATION WHEN APPROPRIATE FOR  THE
 FAMILY  RECEIVING  SERVICES. THE EVIDENCE-BASED PRACTICES SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ROOMING-IN, ENCOURAGING BREASTFEEDING,  PROVIDING
 TRAUMA-INFORMED  CARE  TO  THE  PARENT-INFANT  DYAD,  AND EVALUATING THE
 SOCIAL DETERMINANTS OF HEALTH. NEITHER A DIAGNOSIS  OF  NEONATAL  ABSTI-
 NENCE  SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, NOR ADMISSION TO
 A MATERNAL-INFANT CARE CENTER, SHALL BY ITSELF  CONSTITUTE  EVIDENCE  OF
 CHILD  ABUSE  OR  MALTREATMENT,  OR,  BY ITSELF, JUSTIFY A REPORT TO THE
 STATE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   THE DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THE QUALITY, APPRO-
 PRIATENESS AND EFFECTIVENESS OF THE CENTERS  AND  SHALL  REPORT  TO  THE
 LEGISLATURE  WITHIN ONE YEAR OF THE ESTABLISHMENT OF THE MATERNAL-INFANT
 CARE CENTERS AND AGAIN WITHIN TWO YEARS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION ON THE PROGRAM'S EFFECTIVENESS.
   § 2. Section 420 of the social services law is amended by adding a new
 subdivision 3 to read as follows:
    3.  NO  PENALTIES  FOR  FAILURE  TO REPORT, EITHER CRIMINAL OR CIVIL,
 SHALL APPLY TO  INDIVIDUALS  WHO  ARE  MANDATED  REPORTERS  PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE  AND WHO DO NOT REPORT
 SUSPECTED ABUSE OR MALTREATMENT BASED ONLY UPON A DIAGNOSIS OF  NEONATAL
 ABSTINENCE SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, OR ADMISSION
 TO  A  MATERNAL-INFANT CARE CENTER ESTABLISHED PURSUANT TO SECTION TWEN-
 TY-FIVE HUNDRED NINE-D OF THE PUBLIC HEALTH LAW, IN THE ABSENCE  OF  ANY
 OTHER GROUNDS TO SUSPECT ABUSE OR MALTREATMENT.
   §  3.  Subparagraph (B) of paragraph (i) of subdivision (f) of section
 1012 of the family court act, as amended by chapter 984 of the  laws  of
 1981, is amended to read as follows:
   (B) in providing the child with proper supervision or guardianship, by
 unreasonably  inflicting or allowing to be inflicted harm, or a substan-
 tial risk  thereof,  including  the  infliction  of  excessive  corporal
 punishment;  or  by  misusing  a drug or drugs; or by misusing alcoholic
 beverages to the extent that he loses self-control of his actions; or by
 any other acts of a similarly serious nature requiring the  aid  of  the
 court;  provided,  however, that where the respondent is voluntarily and
 regularly participating in a rehabilitative program, INCLUDING  BUT  NOT
 LIMITED  TO  A  PROGRAM  OFFERED AT A MATERNAL-INFANT CARE CENTER ESTAB-
 LISHED PURSUANT TO SECTION TWENTY-FIVE  HUNDRED  NINE-D  OF  THE  PUBLIC
 HEALTH  LAW,  evidence that the respondent has repeatedly misused a drug
 or drugs or alcoholic beverages to the extent that he loses self-control
 of his actions shall not establish that the child is a  neglected  child
 in  the  absence  of  evidence  establishing  that the child's physical,
 mental or emotional condition has been impaired or is in imminent danger
 of becoming impaired as set forth in paragraph (i) of this  subdivision;
 or
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law, and shall expire and be deemed repealed 4
 years after such date.  Effective immediately, the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.