Requires all insurance policies and health maintenance organization contracts to provide coverage for maternity patients and their newborns for hospital stays of at least 48 hours following childbirth by natural delivery and 96 hours following childbirth by caesarean section; provides similar coverage for patients who are recipients of medicaid.

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S2556-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO HEALTH
• Apr 4, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 31, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 25, 2011: REFERRED TO HEALTH

S2556-2011 Meetings

Health: Jan 31, 2011

S2556-2011 Votes

S2556-2011 Memo

BILL NUMBER:S2556

TITLE OF BILL:
An act
to amend the social services law,
in relation to establishing mandatory
minimum medicaid coverage for hospital confinement for childbirth

PURPOSE:
To require Medicaid to provide coverage for maternity patients and
their newborns for hospital stays of at least 48 hours for natural
delivery and 96 hours following caesarean section as is currently
provided by private insurers and HMO's.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 6-a to Social services Law �365-a to
require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
and 96 hours following caesarean section. It also provides that
coverage may be provided for a shorter period of time under certain
circumstances outlined in the bill.

Section 2 provides that the act shall take effect 180 days after
becoming law.

EXISTING LAW:
Chapter 56 of 1996 established mandatory minimum periods
of coverage by insurers and HMO's and care by hospitals for maternity
stays following childbirth.

JUSTIFICATION:
In 1996 the legislature addressed the growing trend of
"Revolving Door Deliveries," in which HMOs, insurance companies and
hospitals were restricting the length of maternity stay for mothers
and newborns following childbirth to 24 hours or less, based upon
financial rather than public health considerations. Such early
discharges can be detrimental to the health of both mother and
newborn, particularly because many conditions which affect newborns,
such as jaundice, do not manifest themselves during the first 24 hours
of life.

The legislation adopted in 1996 established mandatory minimum periods
of coverage for maternity stays following childbirth, however it did
not include the same protections for those whose care is paid for
through Medicaid. This bill insurers that those covered by Medicaid
are not treated differently than those covered by private insurance.
It establishes the same mandatory minimum periods of coverage under
Medicaid that private insurers are bound to provide.

LEGISLATIVE HISTORY:

1999-00: A.7025 S.2801
2001-02: A.751  S.4077
2003-04: A.867  S.651
2005-06: A.2801 A.1061
2007-08: A.3716

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

S2556-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2556

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 25, 2011
                                 ___________

  Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the social services law,  in  relation  to  establishing
    mandatory  minimum  medicaid  coverage  for  hospital  confinement for
    childbirth

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  365-a  of  the social services law is amended by
  adding a new subdivision 6-a to read as follows:

    6-A. MEDICAID ASSISTANCE SHALL ALSO INCLUDE, FOR MOTHER  AND  NEWBORN,
  COVERAGE OF HOSPITAL CONFINEMENT OF AT LEAST FORTY-EIGHT HOURS FOLLOWING
  A  VAGINAL  DELIVERY AND AT LEAST NINETY-SIX HOURS FOLLOWING A CAESAREAN
  SECTION.   NOTWITHSTANDING THE ABOVE, A  SOCIAL  SERVICES  DISTRICT  MAY
  PROVIDE  COVERAGE  FOR A SHORTER PERIOD OF HOSPITAL CONFINEMENT PROVIDED
  THAT:

    (A) THE MOTHER IN HER SOLE DISCRETION,  EXERCISES  THE  OPTION  TO  BE
  DISCHARGED  FROM THE HOSPITAL EARLIER THAN THE TIME PERIOD STATED ABOVE;
  AND
    (B) THE TREATING PHYSICIAN,  IN  ACCORDANCE  WITH  GENERALLY  ACCEPTED
  MEDICAL  STANDARDS, HAS DETERMINED THAT THE MOTHER AND NEWBORN ARE READY
  FOR DISCHARGE; AND
    (C) POST-DISCHARGE FOLLOW-UP INCLUDES AT LEAST ONE HOME VISIT PROVIDED
  WITHIN TWENTY-FOUR HOURS OF DISCHARGE BY A LICENSED HEALTH CARE PROVIDER
  WHOSE SCOPE OF PRACTICE INCLUDES  PROVIDING  POSTPARTUM  CARE  AND  SUCH
  OTHER  HOME  VISITS  AS  ARE  DEEMED  APPROPRIATE. COVERAGE OF SUCH HOME
  VISITS SHALL INCLUDE, AT A MINIMUM,  PARENT  EDUCATION,  ASSISTANCE  AND
  TRAINING  IN  BREAST OR BOTTLE FEEDING AND THE PERFORMANCE OF ANY NECES-
  SARY MATERNAL AND NEWBORN PHYSICAL ASSESSMENTS AND SHALL BE IN  ADDITION
  TO,  RATHER  THAN  IN  LIEU  OF, ANY HOME HEALTH CARE COVERAGE OTHERWISE
  AVAILABLE.
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02344-01-1