Bill Text: NY A07667 | 2013-2014 | General Assembly | Amended
Bill Title: Defines maternal depression; requires the provision of maternal depression education, and the provision of a screening and referral plan for the state.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Vetoed) 2013-12-18 - tabled [A07667 Detail]
Download: New_York-2013-A07667-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7667--B
2013-2014 Regular Sessions
I N A S S E M B L Y
May 29, 2013
___________
Introduced by M. of A. GOTTFRIED, McDONOUGH, RAIA, GALEF, GUNTHER --
Multi-Sponsored by -- M. of A. CLARK -- read once and referred to the
Committee on Health -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the public health law and the insurance law, in relation
to developing a maternal depression screening and referral plan for
the state, and providing maternal depression education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2500-k to read as follows:
3 S 2500-K. MATERNAL DEPRESSION. 1. DEFINITIONS. AS USED IN THIS
4 SECTION:
5 (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND PSYCHO-
6 LOGICAL REACTIONS A WOMAN MAY EXPERIENCE DURING PREGNANCY OR AFTER
7 CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, FEEL-
8 INGS OF DESPAIR OR EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
9 DIFFICULTY CONCENTRATING, FATIGUE, EXTREME CHANGES IN APPETITE, AND
10 THOUGHTS OF SUICIDE OR OF HARMING THE BABY. MATERNAL DEPRESSION MAY
11 INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
12 POSTPARTUM PSYCHOSIS-THE SEVEREST FORM.
13 (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE, NURSE
14 PRACTITIONER, OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
15 ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A PREGNANT
16 WOMAN OR A WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
17 TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
18 2. MATERNAL DEPRESSION SCREENING. (A) THE COMMISSIONER, IN CONSULTA-
19 TION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL ESTABLISH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01525-06-3
A. 7667--B 2
1 EVIDENCE-BASED GUIDELINES FOR MATERNAL DEPRESSION SCREENING FOR USE BY
2 MATERNAL HEALTH CARE PROVIDERS AND PEDIATRIC PRIMARY CARE PROVIDERS. IN
3 DEVELOPING GUIDELINES UNDER THIS SECTION, THE COMMISSIONER AND THE
4 COMMISSIONER OF MENTAL HEALTH SHALL CONSULT APPROPRIATE MATERNAL HEALTH
5 CARE PROVIDERS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
6 (I) THE IDENTIFICATION OF SUGGESTED VALIDATED, EVIDENCE-BASED DIAGNOS-
7 TIC TOOLS TO BE USED FOR MATERNAL DEPRESSION SCREENING;
8 (II) THE ROUTINE EMPLOYMENT OF VALIDATED, EVIDENCE-BASED MATERNAL
9 DEPRESSION SCREENING TOOLS AT REGULAR INTERVALS DURING PREGNANCY AND
10 AFTER CHILDBIRTH; AND
11 (III) AN APPROPRIATE REFERRAL MECHANISM FOR PATIENTS WHO REQUIRE
12 FURTHER EVALUATION, SERVICES, OR TREATMENT.
13 (B) MATERNAL DEPRESSION SCREENING AND REFERRAL MAY INCLUDE COMMUNI-
14 CATION WITH THE FATHER OF THE CHILD AND OTHER FAMILY MEMBERS, AS APPRO-
15 PRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
16 3. REFERRALS FOR MATERNAL DEPRESSION TREATMENT. THE COMMISSIONER SHALL
17 MAKE AVAILABLE A LIST OF PROVIDERS FOR TREATMENT OF MATERNAL DEPRESSION,
18 INCLUDING SUPPORT GROUPS AND SERVICES PROVIDED BY NOT-FOR-PROFIT ORGAN-
19 IZATIONS.
20 4. THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
21 THIS SECTION.
22 S 2. Subdivision 1 of section 207 of the public health law is amended
23 by adding a new paragraph (i) to read as follows:
24 (I) MATERNAL DEPRESSION, INCLUDING EDUCATION, SCREENING, REFERRAL
25 SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
26 S 3. Subdivision 1 of section 2803-j of the public health law, as
27 amended by chapter 62 of the laws of 1996, is amended to read as
28 follows:
29 1. The commissioner shall require that every hospital and birth center
30 shall prepare in printed or photocopied form and distribute at the time
31 of pre-booking directly to each prospective maternity patient and, upon
32 request, to the general public an informational leaflet. Such leaflet
33 shall be designed by the commissioner and shall contain brief defi-
34 nitions of maternity related procedures and practices as specified in
35 subdivision two of this section and such other material as deemed appro-
36 priate by the commissioner. Hospitals and birth centers may also elect
37 to distribute additional explanatory material along with the maternity
38 patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
39 TION LEAFLETS AVAILABLE ON THE DEPARTMENT'S WEBSITE.
40 S 4. Subdivision 1-b of section 2803-j of the public health law, as
41 added by chapter 647 of the laws of 1997, is amended to read as follows:
42 1-b. The informational leaflet shall also include information relating
43 to the physical and mental health of the maternity patient after
44 discharge from the hospital, including, but not limited to, information
45 about MATERNAL AND post-partum depression. THE COMMISSIONER SHALL
46 PERFORM A REVIEW OF INFORMATION ON MATERNAL AND POST-PARTUM DEPRESSION
47 IN INFORMATIONAL LEAFLETS, IN COLLABORATION WITH THE COMMISSIONER OF
48 MENTAL HEALTH, TO EVALUATE THE CONTENTS FOR ADDRESSING ALL FORMS OF
49 MATERNAL AND POST-PARTUM DEPRESSION, AND IDENTIFYING RESOURCES FOR
50 OBTAINING HELP FOR THE PATIENTS AND THEIR FAMILIES. ALL INFORMATION ON
51 MATERNAL AND POST-PARTUM DEPRESSION IN INFORMATIONAL LEAFLETS SHALL BE
52 MADE AVAILABLE TO PATIENTS IN THE TOP SIX LANGUAGES SPOKEN IN THE STATE,
53 OTHER THAN ENGLISH, ACCORDING TO THE LATEST AVAILABLE DATA FROM THE
54 UNITED STATES CENSUS BUREAU.
A. 7667--B 3
1 S 5. Paragraph (b) of subdivision 1 of section 2803-n of the public
2 health law, as added by chapter 56 of the laws of 1996, is amended to
3 read as follows:
4 (b) Maternity care shall also include, at minimum, parent education,
5 assistance and training in breast or bottle feeding, EDUCATION ON MATER-
6 NAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFERRAL, and the
7 performance of any necessary maternal and newborn clinical assessments.
8 Notwithstanding this requirement, nothing in this paragraph is intended
9 to result in the hospital charging any amount for such services in addi-
10 tion to the applicable charge for the maternity inpatient hospital
11 admission.
12 S 6. The insurance law is amended by adding a new section 3217-g to
13 read as follows:
14 S 3217-G. MATERNAL DEPRESSION SCREENINGS. NO INSURER SUBJECT TO THIS
15 ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT A PATIENT
16 INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL FOR MATERNAL
17 DEPRESSION FROM A PROVIDER OF OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC
18 SERVICES.
19 S 7. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law; provided that (a) section six of this act
21 shall apply to contracts entered into, amended or delivered on or after
22 the first of January after this act becomes a law; and (b) effective
23 immediately, the addition, amendment and/or repeal of any rule or regu-
24 lation necessary for the implementation of this act on its effective
25 date is authorized and directed to be made and completed by the commis-
26 sioner of health on or before such effective date.
