Bill Text: NY S07234 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the provision of maternal depression education, screening guidelines, and referrals for treatment.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-08-04 - SIGNED CHAP.199 [S07234 Detail]
Download: New_York-2013-S07234-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7234
I N S E N A T E
May 7, 2014
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the insurance law, in relation
to the provision of maternal depression education, screening guide-
lines, and referrals for treatment
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 INFORMATION. (A) THE COMMISSIONER, IN CONSULTA-
19 TION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL MAKE AVAILABLE TO
20 MATERNAL HEALTH CARE PROVIDERS INFORMATION ON MATERNAL DEPRESSION. THE
21 INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
22 (I) A SUMMARY OF THE CURRENT EVIDENCE BASE AND PROFESSIONAL GUIDELINES
23 FOR MATERNAL DEPRESSION SCREENING;
24 (II) VALIDATED, EVIDENCE-BASED TOOLS FOR MATERNAL DEPRESSION SCREEN-
25 ING;
26 (III) INFORMATION ABOUT FOLLOW-UP SUPPORT FOR PATIENTS WHO MAY REQUIRE
27 FURTHER EVALUATION, REFERRAL, OR TREATMENT INCLUDING, WHEN AVAILABLE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14648-05-4
S. 7234 2
1 INFORMATION ABOUT SPECIFIC COMMUNITY RESOURCES AND ENTITIES LICENSED BY
2 THE OFFICE OF MENTAL HEALTH; AND
3 (IV) INFORMATION ON ENGAGING SUPPORT FOR THE MOTHER, WHICH MAY INCLUDE
4 COMMUNICATING WITH THE OTHER PARENT OF THE CHILD AND OTHER FAMILY
5 MEMBERS, AS APPROPRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
6 (B) THE INFORMATION ON MATERNAL DEPRESSION SHALL BE POSTED ON THE
7 OFFICE'S WEBSITE. THE COMMISSIONER SHALL, IN COLLABORATION WITH THE
8 COMMISSIONER OF MENTAL HEALTH, UPDATE AND REVIEW THE INFORMATION ON
9 MATERNAL DEPRESSION, AS NECESSARY.
10 3. THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
11 THIS SECTION.
12 S 2. Subdivision 1 of section 207 of the public health law is amended
13 by adding a new paragraph (j) to read as follows:
14 (J) MATERNAL DEPRESSION, INCLUDING INFORMATION ABOUT EDUCATION,
15 SCREENING, REFERRAL SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
16 S 3. Subdivision 1 of section 2803-j of the public health law, as
17 amended by chapter 62 of the laws of 1996, is amended to read as
18 follows:
19 1. The commissioner shall require that every hospital and birth center
20 shall prepare in printed or photocopied form and distribute at the time
21 of pre-booking directly to each prospective maternity patient and, upon
22 request, to the general public an informational leaflet. Such leaflet
23 shall be designed by the commissioner and shall contain brief defi-
24 nitions of maternity related procedures and practices as specified in
25 subdivision two of this section and such other material as deemed appro-
26 priate by the commissioner. Hospitals and birth centers may also elect
27 to distribute additional explanatory material along with the maternity
28 patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
29 TION CONTAINED IN THE LEAFLET AVAILABLE ON THE DEPARTMENT'S WEBSITE.
30 S 4. Subdivision 1-b of section 2803-j of the public health law, as
31 added by chapter 647 of the laws of 1997, is amended to read as follows:
32 1-b. The informational leaflet shall also include information relating
33 to the physical and mental health of the maternity patient after
34 discharge from the hospital, including, but not limited to, information
35 about [post-partum] MATERNAL depression. THE COMMISSIONER, IN COLLAB-
36 ORATION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL REVIEW AND UPDATE
37 THE INFORMATION ON MATERNAL DEPRESSION CONTAINED IN THE LEAFLET, AS
38 NECESSARY. THE INFORMATIONAL LEAFLETS SHALL BE MADE AVAILABLE TO
39 PATIENTS IN THE TOP SIX LANGUAGES SPOKEN IN THE STATE, OTHER THAN
40 ENGLISH, ACCORDING TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES
41 CENSUS BUREAU.
42 S 5. Paragraph (b) of subdivision 1 of section 2803-n of the public
43 health law, as added by chapter 56 of the laws of 1996, is amended to
44 read as follows:
45 (b) Maternity care shall also include, at minimum, parent education,
46 assistance and training in breast or bottle feeding, EDUCATION ON MATER-
47 NAL DEPRESSION, EDUCATION ON MATERNAL DEPRESSION SCREENING AND REFER-
48 RALS, and the performance of any necessary maternal and newborn clinical
49 assessments. Notwithstanding this requirement, nothing in this para-
50 graph is intended to result in the hospital charging any amount for such
51 services in addition to the applicable charge for the maternity inpa-
52 tient hospital admission.
53 S 6. The insurance law is amended by adding a new section 3217-g to
54 read as follows:
55 S 3217-G. MATERNAL DEPRESSION SCREENINGS. NO INSURER SUBJECT TO THIS
56 ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT A PATIENT
S. 7234 3
1 INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL FOR MATERNAL
2 DEPRESSION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-FIVE
3 HUNDRED-K OF THE PUBLIC HEALTH LAW, FROM A PROVIDER OF OBSTETRICAL,
4 GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE; PROVIDED THAT THE
5 PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND CONDI-
6 TIONS OF THE POLICY UNDER WHICH THE PATIENT INSURED IS COVERED.
7 S 7. The insurance law is amended by adding a new section 4306-f to
8 read as follows:
9 S 4306-F. MATERNAL DEPRESSION SCREENINGS. NO CORPORATION SUBJECT TO
10 THIS ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT A
11 PATIENT INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL FOR MATERNAL
12 DEPRESSION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-FIVE
13 HUNDRED-K OF THE PUBLIC HEALTH LAW, FROM A PROVIDER OF OBSTETRICAL,
14 GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE; PROVIDED THAT THE
15 PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND CONDI-
16 TIONS OF THE CONTRACT UNDER WHICH THE PATIENT INSURED IS COVERED.
17 S 8. The public health law is amended by adding a new section 4406-f
18 to read as follows:
19 S 4406-F. MATERNAL DEPRESSION SCREENINGS. NO HEALTH MAINTENANCE ORGAN-
20 IZATION SUBJECT TO THIS ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR
21 PROCEDURE LIMIT A PATIENT ENROLLEE'S DIRECT ACCESS TO SCREENING AND
22 REFERRAL FOR MATERNAL DEPRESSION, AS DEFINED IN SUBDIVISION ONE OF
23 SECTION TWENTY-FIVE HUNDRED-K OF THIS CHAPTER, FROM A PROVIDER OF
24 OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE; PROVIDED
25 THAT THE PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS
26 AND CONDITIONS OF THE PLAN UNDER WHICH THE PATIENT ENROLLEE IS COVERED.
27 S 9. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided that (a) sections six, seven and
29 eight of this act shall apply to all policies and contracts issued,
30 renewed, modified, altered, amended or delivered on or after the first
31 of January after this act becomes a law; and (b) effective immediately,
32 the addition, amendment and/or repeal of any rule or regulation neces-
33 sary for the implementation of this act on its effective date is author-
34 ized to be made and completed by the commissioner of health on or before
35 such effective date.
