NY State Senate Bill 2023-S7740

Current Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
Feb 12, 2024	advanced to third reading
Feb 07, 2024	2nd report cal.
Feb 06, 2024	1st report cal.352
Jan 09, 2024	print number 7740a
Jan 09, 2024	amend and recommit to women's issues
Jan 03, 2024	referred to women's issues
Nov 06, 2023	referred to rules

Votes

- Feb 5, 2024 - Women's Issues Committee Vote
  S7740
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Feb 5, 2024
      
      aye (6)
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Webb
      
      Weik
      
      aye wr (1)
      
      Canzoneri-Fitzpatrick

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7740 - Details

See Assembly Version of this Bill:: A8205
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2023-S7740 - Summary

Requires the commissioner of health to promulgate regulations requiring that the addition of, decertification of, or changes in the method of delivery of perinatal services by a general hospital be subject to an application under article 28 of the public health law that requires review and approval by the council.

2023-S7740 - Sponsor Memo

                                 
BILL NUMBER: S7740

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to review of projects
affecting the availability of maternity services

 
PURPOSE:

The purpose of this legislation is to require the public health and
health planning council (PHHPC) to regulate any changes in perinatal
services offered by general hospitals in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 amends Paragraph v of subdivision 2 of section 2803 of the
public health law to require the PHHPC to promulgate regulations related
to requiring general hospitals to submit an application for review and
approval to add, decertify, or change the method of delivery of perina-
tal services.

Section 2 establishes the effective date.

 
JUSTIFICATION:

The United States is experiencing a growing maternal health crisis, a
recent study showed maternal deaths have more than doubled over the last
20 years for every racial group in every state but continue to dispro-
portionately impact Black women when compared to their white counter-
parts.(1) Our state is not an exception to this alarming reality, in
2018 the pregnancy-related mortality ratio in New York was 18.2 per
100,000 live births, and 78% of those deaths were preventable according
to a report by the New York State Department of Health.(2) The report
showed the pregnancy related mortality rate for Black women was five
times higher than White women in 2018, highlighting the ongoing racial
disparity in New York.(3)

Access to quality maternity care is essential to preventing adverse
health outcomes related to pregnancy and eliminating health disparities.
Unfortunately, maternal health will only further decline as delivery
units continue to shut down across the country, particularly in rural
areas where at least 89 obstetric units were closed between 2015 and
2019 according to the American Hospital Association.(4) Ongoing closures
intensify the already inequitable access to maternity care we see
nationally and in our home state.  Since 2008, 28 hospitals across the
state have closed or reduced obstetric care.(5) Moreover, as of 2022,
more than four percent of women in New York did not have a birthing
hospital within 30 minutes of their homes; this problem is more acute in
rural areas across the state where over 47% of women lived more than 30
minutes from a birthing center.(6)

Hospitals are obligated by law to submit a Certificate of Need for the
establishment, construction, renovation, acquisitions of major medical
equipment, adding or removing services, and change of ownership for
approval by the Department of Health and/or PHHPC, depending on the type
of review required by regulation. However, there is no requirement that
major changes to maternity care undergo a full review before the PHHPC.
Thus, significant changes in availability of labor and delivery services
in a community can be advanced with limited community input or PHHPC
oversight and engagement.

In June 2023, St. Peter's Health Partners announced plans to close
Troy's Burdett Birth Center, the only birthing facility left in Rensse-
laer County, New York and one of the only providers of low-intervention,
midwifery led birth care in the Capital Region.(7) In 2022, there were
881 births at Burdett, and more than half of the patients are insured by
Medicaid.(8) Eliminating an access point to quality maternity care will
further deepen the already unacceptable health disparities we see in
this state related to maternal health outcomes. St. Peter's provided
notice of intended closure just prior to the effective date of a new law
that requires a health equity impact assessment be done on Certificate
of Need Applications.  Ultimately, St. Peters agreed to conduct an
assessment after intense criticism from the local community.(9)

In addition to completing a health equity impact assessment, general
hospitals should also be required to undergo a full review when seeking
to close maternity services. This proposed legislation would stipulate a
process for PHHPC to oversee the provision of perinatal services. The
reality is that closure of maternity units will have an impact on not
only patients but also other components of the healthcare system. The
PHHPC is a diverse council that represents the provider, labor, and
patient community and therefore is well positioned to weigh in on
impacts of discontinuation of services. It is essential that communities
across the state maintain access to quality perinatal care services, and
that attempts to reduce access through a closure of services is trans-
parent and has strong oversight to protect and advance the health and
wellbeing of those impacted.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Fleszar LG, Bryant AS, Johnson CO, et al., JAMA, "Trends in State-
Level Maternal Mortality by Racial and Ethnic Group in the United
States." https://jamanetwork.com/journals/jama/article-abstract/
2806661?resultClick-1 (July 3, 2023)
(2) NYS Department of Health, "New York State Report on Pregnancy Asso-
ciated Deaths in 2018"
https://www.health.ny.govicommunity/adults/women/docs/maternal mortality
review 2018.pdf (April-2022)
(3) Ibid.
(4) American Hospital Association, "Obstetrics U.S. Rural Hospitals"
https://vvww.aha.org/system/files/mediefile/2022/04/Infographic-rural-he
al th-obstetrics-15ap22.pdf (2022)
(5) Silberstein, R., Times Union "Maternity wards continue to close
across New York"
httOs://www.timQSUnion.com/health/article/maternity-wards-continue-close
-across-newyork18376042.php?utmcampaign=CMS%20Sharing~/020Tools%20(Premiu
m)&utm source=share-byemail&utmmedium=email (October 8, 2023)
(6) Fontenot, J, Lucas, R, Stoneburner, A, Brigance, C, Hubbard, K,
Jones, E, Mishkin, K., March of Dimes "Where You Live Matters:  Materni-
ty Care Deserts and the Crisis of Access and Equity in New York."
(Updated July 2023) https://www.marchofdimes.org/peristats/reports/new-
york/maternity-ca re-desertsò
(7) Save Burdett Birth Center, "About"
https://wwvv.saveburdettbirthcenter.com/who-we-are (2023)
(8) Qi, Lyan, Wall Street Journal, "Fight to Save a New York Birth
Center Tests State Law" https://www.wsj.com/heal
h/healthcare/fight-to-save-a-nw-york-birth-center-tests-state-law-9cd5be
3b (September 27, 2023_
(9) Silberstein, R., Times Union "St. Peter's agrees to conduct impact
study for birth center closure"
https://www.timesunion.com/health/article/st-peter-s-agrees-conduct-
impact-study-birth-18185553.0hp (July 9, 2023)

2023-S7740 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7740
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 6, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to review of projects
   affecting the availability of maternity services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 2 of
 section 2803 of the public health law, as added by chapter  807  of  the
 laws of 1985, is amended to read as follows:
   (v)  standards  and  procedures relating to hospital operating certif-
 icates, provided however,  that  the  council  shall  establish  minimum
 acceptable  standards  and  procedures equal to the standards and proce-
 dures which federal law and regulation require for hospitals to  qualify
 as  providers  pursuant  to  titles  XVIII and XIX of the federal social
 security act. The existing state standards and procedures in  effect  on
 the  date  that  this  subdivision  becomes effective shall be deemed to
 constitute maximum standards and procedures  for  purposes  of  limiting
 medical  assistance  reimbursement  pursuant to the social services law.
 Such standards and procedures may thereafter be changed or added  to  by
 the  council  only  upon the recommendation of the commissioner. For the
 purposes of ensuring that the health and  safety  of  the  residents  of
 hospitals  are not endangered, the council may promulgate changes in the
 minimum acceptable standards and  procedures  referred  to  herein  upon
 recommendation  of  the  commissioner.    PROVIDED, HOWEVER, THE COUNCIL
 SHALL PROMULGATE REGULATIONS REQUIRING THAT THE ADDITION  OF,  DECERTIF-
 ICATION  OF,  OR CHANGES IN THE METHOD OF DELIVERY OF PERINATAL SERVICES
 BY A GENERAL HOSPITAL SHALL BE SUBJECT  TO  AN  APPLICATION  UNDER  THIS
 ARTICLE THAT REQUIRES REVIEW AND APPROVAL BY THE COUNCIL, and
   § 2.  This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13442-01-3

co-Sponsors

View additional co-sponsors

2023-S7740A (ACTIVE) - Details

See Assembly Version of this Bill:: A8205
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2023-S7740A (ACTIVE) - Summary

2023-S7740A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7740A

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to review of projects
affecting the availability of maternity services

 
PURPOSE:

The purpose of this legislation is to require the public health and
health planning council (PHHPC) to regulate any changes in perinatal
services offered by general hospitals in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 amends Paragraph v of subdivision 2 of section 2803 of the
public health law to require the commissioner to promulgate regulations
related to requiring general hospitals to submit an application for
review and approval to add, decertify, or change the method of delivery
of perinatal services.

Section 2 establishes the effective date.

  
USTIFICATION:

The United States is experiencing a growing maternal health crisis, a
recent study showed maternal deaths have more than doubled over the last
20 years for every racial group in every state but continue to dispro-
portionately impact Black women when compared to their white counter-
parts.(1) Our state is not an exception to this alarming reality, in
2018 the pregnancy-related mortality ratio in New York was 18.2 per
100,000 live births, and 78% of those deaths were preventable according
to a report by the New York State Department of Health.(2) The report
showed the pregnancy related mortality rate for Black women was five
times higher than White women in 2018, highlighting the ongoing racial
disparity in New York.(3)

Access to quality maternity care is essential to preventing adverse
health outcomes related to pregnancy and eliminating health disparities.
Unfortunately, maternal health will only further decline as delivery
units continue to shut down across the country, particularly in rural
areas where at least 89 obstetric units were closed between 2015 and
2019 according to the American Hospital Association.(4) Ongoing closures
intensify the already inequitable access to maternity care we see
nationally and in our home state.  Since 2008, 28 hospitals across the
state have closed or reduced obstetric care.(5) Moreover, as of 2022,
more than four percent of women in New York did not have a birthing
hospital within 30 minutes of their homes; this problem is more acute in
rural areas across the state where over 47% of women lived more than 30
minutes from a birthing center.(6)

Hospitals are obligated by law to submit a Certificate of Need for the
establishment, construction, renovation, acquisitions of major medical
equipment, adding or removing services, and change of ownership for
approval by the Department of Health and/or PHHPC, depending on the type
of review required by regulation. However, there is no requirement that
major changes to maternity care undergo a full review before the PHHPC.
Thus, significant changes in availability of labor and delivery services
in a community can be advanced with limited community input or PHHPC
oversight and engagement.

In June 2023, St. Peter's Health Partners announced plans to close
Troy's Burdett Birth Center, the only birthing facility left in Rensse-
laer County, New York and one of the only providers of low-intervention,
midwifery led birth care in the Capital Region.(7) In 2022, there were
881 births at Burdett, and more than half of the patients are insured by
Medicaid.(8) Eliminating an access point to quality maternity care will
further deepen the already unacceptable health disparities we see in
this state related to maternal health outcomes. St. Peter's provided
notice of intended closure just prior to the effective date of a new law
that requires a health equity impact assessment be done on Certificate
of Need Applications.  Ultimately, St. Peters agreed to conduct an
assessment after intense criticism from the local community.(9)

In addition to completing a health equity impact assessment, general
hospitals should also be required to undergo a full review when seeking
to close maternity services. This proposed legislation would stipulate a
process for PHHPC to oversee the provision of perinatal services. The
reality is that closure of maternity units will have an impact on not
only patients but also other components of the healthcare system. The
PHHPC is a diverse council that represents the provider, labor, and
patient community and therefore is well positioned to weigh in on
impacts of discontinuation of services. It is essential that communities
across the state maintain access to quality perinatal care services, and
that attempts to reduce access through a closure of services is trans-
parent and has strong oversight to protect and advance the health and
wellbeing of those impacted.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Fleszar LG, Bryant AS, Johnson CO, et al., JAMA, "Trends in State-
Level Maternal Mortality by Racial and Ethnic Group in the United
States." https://jamanetwork.com/journals/jama/article-abstract/
2806661?resultClick-1 (July 3, 2023)
(2) NYS Department of Health, "New York State Report on Pregnancy Asso-
ciated Deaths in 2018"
https://vvvvw.health.ny.govicommunity/adults/women/docs/maternal mortal-
ity review 2018.pdf (April-2022)
(3) Ibid.
(4) American Hospital Association, "Obstetrics U.S. Rural Hospitals"
https://www.aha.org/system/files/mediefile/2022/04/Infographic-rural-
health-obstetrics-15ap22.pdf (2022)
(5) Silberstein, R., Times Union "Maternity wards continue to close
across New York"
https://www.timQSUnion.com/health/article/maternity-wards-continue-close
-across-newyork18376042.php?utmcampaign=CMS%20Sharing%20Toole/0
20(Premium)&utmsource=share-byemail&utmmedium=email (October 8, 2023)
(6) Fontenot, J, Lucas, R, Stoneburner, A, Brigance, C, Hubbard, K,
Jones, E, Mishkin, K., March of Dimes "Where You Live Matters:  Materni-
ty Care Deserts and the Crisis of Access and Equity in New York."
(Updated July 2023) https://vvww.marchofdimes.org/peristats/reports/new-
york/maternity-ca re-deserts*
(7) Save Burdett Birth Center, "About"
https://www.saveburdettbirthcenter.com/who-we-are (2023)
(8) Qi, Lyan, Wall Street Journal, "Fight to Save a New York Birth
Center Tests State Law" https://wwvv.wsj.com/heal
h/healthcare/fight-to-save-a-nw-york-birth-center-tests-state-law-9cd5be
3b (September 27, 2023_
(9) Silberstein, R., Times Union "St. Peter's agrees to conduct impact
study for birth center closure"
https://www.timesunion.com/health/article/
st-peter-s-agrees-conductimpact-study-birth-18185553.0hp (July 9, 2023)

2023-S7740A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7740--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 6, 2023
                                ___________
 
 Introduced  by  Sens. WEBB, GOUNARDES -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  to  the  Committee on Women's Issues in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law, in relation to review of projects
   affecting the availability of maternity services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  2  of
 section  2803  of  the public health law, as added by chapter 807 of the
 laws of 1985, is amended to read as follows:
   (v) standards and procedures relating to  hospital  operating  certif-
 icates,  provided  however,  that  the  council  shall establish minimum
 acceptable standards and procedures equal to the  standards  and  proce-
 dures  which federal law and regulation require for hospitals to qualify
 as providers pursuant to titles XVIII and  XIX  of  the  federal  social
 security  act.  The existing state standards and procedures in effect on
 the date that this subdivision becomes  effective  shall  be  deemed  to
 constitute  maximum  standards  and  procedures for purposes of limiting
 medical assistance reimbursement pursuant to the  social  services  law.
 Such  standards  and procedures may thereafter be changed or added to by
 the council only upon the recommendation of the  commissioner.  For  the
 purposes  of  ensuring  that  the  health and safety of the residents of
 hospitals are not endangered, the council may promulgate changes in  the
 minimum  acceptable  standards  and  procedures  referred to herein upon
 recommendation of the commissioner.  PROVIDED, HOWEVER, THE COMMISSIONER
 SHALL PROMULGATE REGULATIONS REQUIRING THAT THE ADDITION  OF,  DECERTIF-
 ICATION  OF,  OR CHANGES IN THE METHOD OF DELIVERY OF PERINATAL SERVICES
 BY A GENERAL HOSPITAL SHALL BE SUBJECT  TO  AN  APPLICATION  UNDER  THIS
 ARTICLE THAT REQUIRES REVIEW AND APPROVAL BY THE COUNCIL, and
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13442-03-4

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Senate Bill S7740

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Feb 5, 2024 - Women's Issues Committee Vote

Women's Issues Committee Vote: Feb 5, 2024

Bill Amendments

co-Sponsors

2023-S7740 - Details

2023-S7740 - Summary

2023-S7740 - Sponsor Memo

2023-S7740 - Bill Text download pdf

co-Sponsors

2023-S7740A (ACTIVE) - Details

2023-S7740A (ACTIVE) - Summary

2023-S7740A (ACTIVE) - Sponsor Memo

2023-S7740A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7740

Share this bill

Sponsored By

Lea Webb

Current Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Andrew Gounardes

2023-S7740 - Details

2023-S7740 - Summary

2023-S7740 - Sponsor Memo

2023-S7740 - Bill Text download pdf

co-Sponsors

Nathalia Fernandez

Andrew Gounardes

Pete Harckham

Robert Jackson

2023-S7740A (ACTIVE) - Details

2023-S7740A (ACTIVE) - Summary

2023-S7740A (ACTIVE) - Sponsor Memo

2023-S7740A (ACTIVE) - Bill Text download pdf

Comments