What's happening
This bill requires Medicaid to cover a minimum hospital stay for mothers and newborns after childbirth, with specific provisions for early discharge and follow-up care.
Why it matters
Guarantees longer hospital stays after childbirth. By mandating Medicaid coverage of at least 48 hours after vaginal deliveries and 96 hours after C-sections, the bill addresses concerns about premature discharge and its negative health impacts on mothers and babies, especially among low-income populations.
Empowers mothers and ensures medical oversight. The option for early discharge is only allowed if the mother chooses it and a physician confirms both mother and newborn are ready, helping to protect against pressure for early release and putting maternal preferences and safety first.
Requires proactive postpartum follow-up care. If early discharge occurs, the law demands at least one home visit by a qualified provider within 24 hours, including parental education, feeding support, and medical assessments—helping to catch complications early and support new parents during a critical time.
Improves equity in postpartum care access. By making these standards a Medicaid requirement, the bill helps ensure that low-income families receive the same level of postpartum care and protections that may already be standard for those with private insurance.
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Who cares
Headline styles
Guarantee Medicaid Birth Hospital Stays
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4795
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sen. PARKER -- 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 Assembly, 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 necessary maternal and newborn physical assessments and shall be in addition to, rather than in lieu of, any home health care coverage otherwise available.
§ 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.
LBD08034-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 becom- ing 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 detri- mental 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 estab- lishes the same mandatory minimum periods of coverage under Medicaid that private insurers are bound to provide.
Legislative history
2017-18: S.3288 - REFERRED TO HEALTH 2015-16: S.1891/A.7110 - Referred to Health 2013-14: S.1335/A.2424 - Died in Health 2011-12: S.2556/A.6983 - Died in Rules 2009-10: S.3117A/A.5047A - Passed Senate 2007-08: S.4106/A.3716 - Referred to Social Services, Children & Fami- lies 2005-06: S.1061/A.2801 - Referred to Social Services, Children & Fami- lies 2003-04: S.651/A.867 - Referred to Social Services 2001-02: S.4077/A.751 - Referred to Social Services 1999-00: S.2801/A.7025 - Referred to Social Services
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.