Relates to maternal health care and birthing best practices; repealer, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    914
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health to evaluate and make recommendations related to
   maternal health care and birthing best practices; to amend  a  chapter
   of  the  laws  of 2024 requiring the department of health to convene a
   maternal health care and birthing standards workgroup, as proposed  in
   legislative bills numbers S.  7702-A and A. 8207-A, in relation to the
   effectiveness thereof; and to repeal section 1 of such chapter
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of a chapter of the laws of  2024  requiring  the
 department  of  health  to  convene  a maternal health care and birthing
 standards workgroup, as proposed in legislative bills numbers S.  7702-A
 and A. 8207-A, is REPEALED.
   § 2. Subdivisions 3 and 4 of section 2500 of the public health law are
 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
 as follows:
   3. A. THE COMMISSIONER SHALL, IN CONJUNCTION WITH HOSPITALS, OBSTETRI-
 CIANS,  MIDWIVES,  DOULAS,  MATERNAL HEALTH CARE PROVIDER ORGANIZATIONS;
 MENTAL HEALTH CARE PROVIDER ORGANIZATIONS; AND ANY ADDITIONAL STAKEHOLD-
 ERS THAT THE COMMISSIONER DEEMS NECESSARY, EVALUATE AND MAKE RECOMMENDA-
 TIONS RELATED TO THE DEVELOPMENT OF MATERNAL HEALTH  CARE  AND  BIRTHING
 BEST  PRACTICES WHICH SUPPORT EACH PATIENT RECEIVING THE HIGHEST QUALITY
 OF CARE. THESE RECOMMENDATIONS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,
 BEST PRACTICES FOR EVERY PATIENT TO RECEIVE:
   (I)  FAIR,  COURTEOUS AND RESPECTFUL CULTURALLY COMPETENT CARE FREE OF
 DISCRIMINATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02857-01-5
 A. 914                              2
 
   (II) ACCURATE AND JUDGMENT-FREE ADVICE AND RECOMMENDATIONS THAT  ALLOW
 FOR  INFORMED  DECISION MAKING AND CONSENT REGARDING CARE AND TREATMENT,
 INCLUDING RISKS, BENEFITS, OUTCOMES AND ALTERNATIVE PROCEDURES;
   (III)  CLEAR,  CONCISE  AND  EASILY UNDERSTOOD INFORMATION ABOUT THEIR
 CARE AND TREATMENT OUTCOMES, MEDICAL  TEAM  AND  BIRTHING  OPTIONS,  THE
 POLICIES  AND  PROCEDURES  OF  THE  HOSPITAL  OR  BIRTHING  CENTER,  AND
 RESOURCES AVAILABLE TO THEM;
   (IV) AN OPPORTUNITY TO DISCUSS THEIR BIRTHING PREFERENCES  WITH  THEIR
 CARE TEAM AND HAVE SUCH PREFERENCES DOCUMENTED; AND
   (V)  ADEQUATE  SUPPORT  DURING  THEIR PREGNANCY, LABOR AND CHILDBIRTH,
 INCLUDING ACCESS TO DOULA AND MENTAL HEALTH SERVICES.
   B. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
 THE COMMISSIONER SHALL PUBLISH SUCH RECOMMENDATIONS ON THE DEPARTMENT OF
 HEALTH'S WEBSITE AND UPDATE  ALL  RELEVANT  MATERIALS  PROVIDED  TO  THE
 PUBLIC THROUGH THE DEPARTMENT TO REFLECT THESE STANDARDS. SUCH RECOMMEN-
 DATIONS SHALL BE UPDATED AT LEAST ONCE AFTER PUBLISHING AND AS NECESSARY
 THEREAFTER.
   §  3. Section 2 of a chapter of the laws of 2024 requiring the depart-
 ment of health to convene a maternal health care and birthing  standards
 workgroup,  as  proposed  in  legislative bills numbers S. 7702-A and A.
 8207-A, is amended to read as follows:
   § 2. This act shall take effect on the [ninetieth] ONE HUNDRED  EIGHT-
 IETH  day  after  it  shall  have become a law [and shall expire 2 years
 after such effective date when upon such date the provisions of this act
 shall be deemed repealed].
   § 4. This act shall take effect immediately; provided,  however,  that
 sections  one and two of this act shall take effect on the same date and
 in the same manner as a chapter  of  the  laws  of  2024  requiring  the
 department  of  health  to  convene  a maternal health care and birthing
 standards workgroup, as proposed in legislative bills numbers S.  7702-A
 and A. 8207-A, takes effect.