BILL NUMBER: S266A
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, the social services law and the
family court act, in relation to establishing the maternal-infant care
centers pilot program; and providing for the repeal of such provisions
upon expiration thereof
 
PURPOSE:
Directs the commissioner of health to establish at least 4 maternal-in-
fant care centers in areas of need for infants suffering from drug with-
drawal as a result of in utero exposure
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 2509-d to the public health law as it
relates to the maternal-infant care centers pilot program. As part of
the pilot program, the bill requires the commissioner of health to
consult with the commissioner of addiction services and supports to
establish at least 4 maternal infant centers in areas of need within New
York State. The program is designed to treat newborns and infants under
one year of age, who are experiencing withdrawal symptoms as a result of
conditions like neonatal abstinence syndrome or neonatal opioid with-
drawal symptoms. This bill also deems that such a diagnosis or an admis-
sion to the center, on their own, does not constitute grounds of child
abuse or maltreatment.
Section 2 adds new subdivision 3 to section 420 of the social services
law by eliminating penalties for a mandated reporter's failure to report
suspected abuse or maltreatment based solely on the diagnosis neonatal
abstinence syndrome or neonatal opioid withdrawal symptoms or an admis-
sion to the maternal-infant care center.
Section 3 amends subparagraph (B) of paragraph (i) of subdivision (f) of
section 1012 of the family court act to consider programs offered at
maternal-infant care centers to be a type of rehabilitation program.
Section 4 provides the effective date.
 
JUSTIFICATION:
In 2019, one in five women reported the misuse of prescription opioid
pain relievers during pregnancy, which can be associated with poor
health for both the mother and baby. Exposure to opioids while in utero
can lead to neonatal abstinence syndrome (NAS), neonatal opioid with-
drawal syndrome (NOWS), or other symptoms of withdrawal. All conditions
are temporary and can be treated with proper support, which often
involves being treated in an neonatal intensive care unit. Treatment in
the intensive care unit can cost tens of thousands of dollars per infant
and mother and baby are not able to stay in the same room. Maternal-in-
fant care centers for these infants and their families can provide less
costly and more focused care for newborns and their parents.
Nationwide, it is estimated the number of pregnant individuals using
opioids or medication-assisted treatment, such as methadone or bupre-
nor-phine, has increased fivefold since 2000. This act directs the
Department of Health, in consultation with the Office of Addiction
Services and Supports, to establish at least four pilot maternal-infant
care centers outside of hospitals where newborns and their parents can
receive treatment and support services shown to reduce the length of
stay compared to standard neonatal intensive care unit treatment and
support family unification, which is beneficial for both infants and
parents. The care provided to infants and their families in these mater-
nal-infant care centers will be rooted in evidence-based practices that
are both extremely effective for treating NAS and NOWS as well as cost
efficient. These practices include skin-to-skin contact, breastfeeding,
and caring for the mother and baby in the same room ("rooming in").
These maternal-infant care centers are based on a national model, with
the model's effectiveness being demonstrated over the past ten years.
In Huntington, West Virginia, a maternal-infant recovery center called
Lily's Place was created in 2012 in response to overcrowding in the
newborn intensive care unit. At Lily's Place, infants born with in utero
drug exposure were treated by the same doctor and team of nurses who
treated drug-exposed babies in the hospital, plus a social worker and
administrative staff. Parents were able to visit their newborns through-
out the day and stay overnight before taking them home. The cost of
caring for an infant experiencing NAS, NOWS, or symptoms of withdrawal
due to in utero drug exposure in a hospital is nearly 20 times the cost
of hospital care for an infant not experiencing NAS, NOWS, or other
symptoms of withdrawal, whereas the cost of caring for newborns at
Lily's Place is one-fifth the daily rate of a hospital intensive care
unit. Lily's Place has become a model for communities in the rest of the
country that are experiencing the same kind of increase in drug exposure
of newborns as Huntington.
 
LEGISLATIVE HISTORY:
2020: S5480 passed Senate / A1141 referred to Health
2021-2022: S1409B committed to Rules / A8203 passes Assembly
 
FISCAL IMPLICATIONS:
Savings to state as infants experiencing addiction receive necessary
care in less costly settings than hospitals while mothers receive
support that can help foster healthy babies and families.
 
EFFECTIVE DATE:
This act shall take effect immediately, and shall expire and be deemed
repealed 4 years after such date.

Statutes affected:
S266A: 420 social services law