Establishes mandatory minimum medicaid coverage for hospital confinement for childbirth

1 Co-sponsor

• Tony Avella

BILL NUMBER:S1335

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

2011-12: S.2556/A.6983 - Died in Rules 2007-08: A.3716 2005-06: A.2801 A.1061 2003-04: A.867 S.651 2001-02: A.751 S.4077 1999-00: A.7025 S.2801

Fiscal implications

None.

Effective date

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