Provides a premium reduction for physicians and licensed midwives who complete a risk management strategies course

Summary of specific provisions

Section one amends the public health law by adding a new section 2506-a that provides that the commissioner of health shall approve professional education courses for eligible physicians and licensed midwives that cover risk management strategies in obstetrics, including information on potential risks and strategies to fully inform patients of risks associated with their decisions. Such courses shall be subject to standards as the commissioner shall prescribe by regulation. Physicians and licensed midwives who successfully complete a risk reduction course may receive continuing medical education credit and a certificate of completion. Topics to be included in such course are provided. Attendance at any course approved by the commissioner may be in person or through distance learning methods. The commissioner is authorized to prescribe any rules and regulations necessary and shall consult with the Superintendent of Financial Services.

Section two amends section 2343 of the insurance law by amending subsection (e) that provides that the superintendent shall approve upon review an actuarially appropriate premium reduction for an insured physician or licensed midwife who successfully completes a risk management course or a risk management course in obstetrics and midwifery.

Section three provides the effective date.

Justification

In order for a woman to determine the most appropriate mode of delivery in light of her individual circumstances, it is critical that she be fully informed about the risks of each birth option as well as considerations regarding options for labor. For example, cesarean delivery has been show to imply a higher risk of maternal death, a longer recovery time and operative complications as well as a higher risk of unexplained stillbirths in subsequent pregnancies and respiratory problems of the newborn. Elective cesarean deliveries (cesareans performed in the absence of medical indication) are considered by many to account for the significant rise in cesarean births.

To promote informed consultation with patients during pregnancy by their physicians and licensed midwives, physicians and licensed midwives should be knowledgeable of current, evidence-based information regarding options for labor and delivery, including factors to be considered potential risks. This 12) bill will provide eligible physicians and licensed midwives with the opportunity, through approved professional risk management strategies in obstetrics and midwifery education courses, to stay well-versed in the considerations and concerns that should be taken into account regarding available options while providing a possible insurance premium reduction.

Obstetrics and gynecology is considered among the specialties at highest risk for malpractice claims and most severely affected by rising insurance premiums. The increases in medical malpractice premiums discourage licensed midwives from practicing in New York State and have caused many ob-gyns to retire early, drop high-risk obstetric patients, or to drop obstetric services altogether.

Physicians and licensed midwives will thereby be better able to educate their patients so that they can make informed decisions regarding their labor and delivery. In facilitating greater education of physicians and licensed midwives and their patients, resulting in more informed decision-making by patients, we will enhance our ability to improve birth as well as maternal and neonatal outcomes.

Prior legislative history

A.759, 2009 and 2010 referred to health. A.8125-B, 2007 and 2008 advanced to third reading. S. 5153B of 2011-2012 Committed to the Senate Finance Committee.

Fiscal implications

None to the state.

Effective date

This act shall take effect one year after it shall have become a law and shall apply to all insurance policies and contracts issued, renewed, modified or altered on and after such, effective date.