NY State Senate Bill 2023-S5095

Current Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Feb 22, 2023	referred to health

2023-S5095 (ACTIVE) - Details

See Assembly Version of this Bill:: A317
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25 Title 4-A §§2576 - 2579, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7955
2021-2022: S8233, A4337

2023-S5095 (ACTIVE) - Summary

Enacts the "children and recovering mothers (CHARM) act" to provide guidance, education and assistance to healthcare providers caring for expectant mothers with substance use disorder; provides for the screening of newborns for substance abuse exposure.

2023-S5095 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5095

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to children and
recovering mothers

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Public Health Law by establishing the Children and Recover-
ing Mothers (CHARM) act.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates the Children and Recovering Mothers
(CHARM) act.

Section 2 amends Article 25 of the Public Health Law by adding a new
title 4-A, in relation to children and recovering mothers. This section
establishes a recovering expectant mothers' program within the Depart-
ment of Health, whereby the Commissioner, in consultation with the

Commissioner of Alcoholism and Substance Abuse Services, will assist
providers caring for recovering expectant mothers through guidance on
universal screening techniques, providing information regarding Medica-
tion Assisted Treatment (MAT) for.pregnant women, providing referral
information for substance abuse counseling, developing a system for
consultation and linkage services for obstetricians and primary care
providers who care for recovering expectant mothers, developing provider
education, and creating a workgroup of stakeholders to evaluate barriers
in treating expectant mothers, newborns, and new parents with substance
use disorder.

Section 3 provides that the act shall take effect on the 90th day after
its enactment; provided, however, that effective immediately, any
actions necessary for the implementation of the act on its effective
date are authorized and directed to be completed on or before the effec-
tive date.

 
JUSTIFICATION:

Amid the ever-growing demographic impacted by the opioid epidemic are
expectant mothers and their newborns. According to the National Insti-
tutes of Health (NIH), there was a five-fold increase in the proportion
of babies born with Neonatal Abstinence Syndrome (NAS) from 2000 to
2012, which is the equivalence of one baby being born with opiate with-
drawal every 25 minutes. Babies born with NAS had average hospital stays
of 16.9 days (an average amount of $66,700) compared to 2.1 days (an
average amount of $3,500) for babies born without NAS. These newborns
can also suffer from low birth weight, prematurity, sudden infant death
syndrome, and other forms of fetal distress at birth. Vermont's Children
and Recovering Mothers (CHARM) Collaborative, established in 2002 to
provide care coordination services for pregnant women with addiction,
MAT, substance abuse counseling services, standard prenatal care, as
well as an on-going assessment of the social support needs of these
women has greatly helped VT in tackling this important issue. Building
upon the principles of the VT program, this NY legislation seeks to
educate providers, link pregnant women to care in an effort to address
any substance use prior to the birth of the child, decrease the number
of babies born with NAS, and to ensure linkage with supports after the
child is born.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A7955 - Referred to Health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, any actions
necessary for the implementation of this act on its effective date are
authorized and directed to be taken and completed on or before such
effective date.

2023-S5095 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5095
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  children  and
   recovering mothers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "children and recovering mothers (CHARM) act".
   §  2.  Article  25 of the public health law is amended by adding a new
 title 4-A to read as follows:
                                 TITLE 4-A
                      CHILDREN AND RECOVERING MOTHERS
 SECTION 2576. RECOVERING EXPECTANT MOTHER PROGRAM.
         2577. NEWBORN SCREENING.
         2578. PROVIDER EDUCATION.
         2579. WORKGROUP.
   § 2576. RECOVERING EXPECTANT MOTHER PROGRAM.  THERE  SHALL  BE  ESTAB-
 LISHED  A  RECOVERING  EXPECTANT  MOTHERS  PROGRAM WITHIN THE DEPARTMENT
 WHEREBY THE COMMISSIONER,  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
 ADDICTION  SERVICES  AND SUPPORTS, SHALL PROVIDE GUIDANCE, EDUCATION AND
 ASSISTANCE TO PROVIDERS CARING FOR RECOVERING EXPECTANT  MOTHERS,  WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  ESTABLISHING, IN CONSULTATION WITH RELEVANT HEALTH CARE PROVIDERS,
 GUIDANCE ON UNIVERSAL SCREENING TECHNIQUES FOR SUBSTANCE USE DISORDER AT
 PRENATAL VISITS. SUCH GUIDANCE SHALL RELY ON VALIDATED  SCREENING  TOOLS
 AND QUESTIONNAIRES AND UTILIZE LANGUAGE TO HELP REDUCE STIGMA;
   2.  PROVIDING  INFORMATION REGARDING USE OF MEDICATION ASSISTED TREAT-
 MENT FOR PREGNANT  WOMEN,  WHICH  SHALL  INCLUDE  INFORMATION  REGARDING
 BUPRENORPHINE  TRAINING,  TOOLS FOR PROVIDERS ON EFFECTIVE MANAGEMENT OF
 WOMEN WITH OPIOID USE DISORDER IN PREGNANCY,  AND  A  REFERRAL  LIST  OF
 CERTIFIED PROVIDERS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01029-01-3

 S. 5095                             2
 
   3.  PROVIDING  REFERRAL  INFORMATION  FOR  SUBSTANCE ABUSE COUNSELING,
 SOCIAL SUPPORT AND BASIC NEEDS REFERRALS, WHICH SHALL ALSO INCLUDE GUID-
 ANCE ON REFERRING WOMEN TO HOME  VISITING  SERVICES  THAT  THEY  MAY  BE
 ELIGIBLE FOR AFTER BIRTH; AND
   4.  DEVELOPING  A  SYSTEM  FOR RAPID CONSULTATION AND REFERRAL LINKAGE
 SERVICES FOR OBSTETRICIANS AND  PRIMARY  CARE  PROVIDERS  STATEWIDE  WHO
 PROVIDE CARE FOR EXPECTANT MOTHERS WITH SUBSTANCE USE DISORDER.
   § 2577. NEWBORN  SCREENING.  THE COMMISSIONER, IN CONJUNCTION WITH THE
 COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS, SHALL DEVELOP  GUIDANCE
 FOR  HOSPITALS  AND  MIDWIFERY  BIRTH  CENTERS  ON  NEONATAL  ABSTINENCE
 SYNDROME WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, APPROPRIATE  TREAT-
 MENT  METHODS  FOR  NEONATAL ABSTINENCE SYNDROME AND INFORMATION ON HOME
 VISITING SERVICES THAT RECOVERING MOTHERS MAY BE ELIGIBLE FOR,  AS  WELL
 AS  OTHER  SUBSTANCES  ABUSE  SERVICES,  SOCIAL  SUPPORTS AND BASIC NEED
 REFERRALS IN THE COMMUNITY.
   § 2578. PROVIDER EDUCATION. THE COMMISSIONER SHALL DEVELOP OR  APPROVE
 A  CONTINUING  MEDICAL  EDUCATION  COURSE FOR NEONATAL NURSES, OBSTETRI-
 CIANS, MIDWIVES, PEDIATRICIANS, AND OTHER HEALTH CARE PROVIDERS  REGARD-
 ING  TREATMENT  OF  EXPECTANT  MOTHERS  AND  NEW  MOTHERS SUFFERING FROM
 SUBSTANCE USE DISORDER, AND THE TREATMENT  OF  NEWBORNS  SUFFERING  FROM
 NEONATAL  ABSTINENCE  SYNDROME,  WHICH  MAY  INCLUDE  FEDERALLY APPROVED
 BUPRENORPHINE TRAINING, IN ORDER TO  FACILITATE  COMPREHENSIVE  PRENATAL
 AND POSTPARTUM CARE TO THIS POPULATION.
   § 2579.   WORKGROUP. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMIS-
 SIONER OF ADDICTIONS SERVICES AND SUPPORTS, SHALL CONVENE A WORKGROUP OF
 STAKEHOLDERS, INCLUDING BUT NOT  LIMITED  TO,  HOSPITALS,  LOCAL  HEALTH
 DEPARTMENTS, OBSTETRICIANS, MIDWIVES, PEDIATRICIANS, AND SUBSTANCE ABUSE
 PROVIDERS TO STUDY AND EVALUATE CURRENT BARRIERS AND CHALLENGES IN IDEN-
 TIFYING  AND  TREATING EXPECTANT MOTHERS, NEWBORNS, AND NEW PARENTS WITH
 SUBSTANCE USE DISORDER. THE WORKGROUP SHALL REPORT ON ITS  FINDINGS  AND
 RECOMMENDATIONS TO THE COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE
 TEMPORARY  PRESIDENT OF THE SENATE WITHIN ONE YEAR OF THE EFFECTIVE DATE
 OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law. 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 to be made and completed
 on or before such date.

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Senate Bill S5095

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S5095 (ACTIVE) - Details

2023-S5095 (ACTIVE) - Summary

2023-S5095 (ACTIVE) - Sponsor Memo

2023-S5095 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5095

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Health Committee

2023-S5095 (ACTIVE) - Details

2023-S5095 (ACTIVE) - Summary

2023-S5095 (ACTIVE) - Sponsor Memo

2023-S5095 (ACTIVE) - Bill Text download pdf

Comments