BILL NUMBER: S7012
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the public health law and the insurance law, in relation
to requiring maternal depression screenings and that such screenings are
covered by insurance
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires maternal health care providers facilitate screening for mater-
nal depression within the first six weeks of birth.
 
SUMMARY OF PROVISIONS:
Section 1: § 2500-k of the public health law is amended to require a
maternal health care provider to facilitate screening for maternal
depression within the first six weeks of birth in accordance with guid-
ance developed under subdivision three of this section.
Section 2: § 3216 of the insurance law is amended include maternal
depression screenings within the minimum maternity care coverage.
Section 3: § 3321 of the insurance law is amended including maternal
depression screenings within the minimum maternity care coverage.
Section 4: § 4303 of the insurance law is amended including maternal
depression screenings within the minimum maternity care coverage.
Section 5: § 3217-g of the insurance law is amended to prohibit an
insurer from limiting a patient's direct access to screening and refer-
ral for maternal depression.
Section 6. Effective data
 
JUSTIFICATION:
Following the birth of a child is a time of celebration for parents as
they welcome their newborn into the world. However, for many mothers,
this postpartum period may not be a joyous time to nurture their child
but is instead a time where they exhibit signs of depression. This is
not uncommon. The Centers for Disease Control and Prevention reported in
2018 that their research indicates that 1 in 8 women with a recent live-
birth experience symptom of postpartum depression. In 2022 researchers
from the University of Virginia School of Medicine, Johns Hopkins
University and Flo Health conducted a study by surveying 1.1 million
mothers worldwide related to risk factors for postpartum depression.
The results indicated that women 18 to 24 years old were among the high-
est percentage of women, 10% of those surveyed, who self-reported post-
partum depression symptoms. Additional data showed that 6.5% of women
35-39 self-reported postpartum depression symptoms and that across all
age groups, "postpartum depression was significantly lower among women
who has previously had children compared with first-time moms." New
York's commitment to ensure parents foster lasting familial bonds with
their newborn in the beginning days and weeks of their life is unwaver-
ing, as is New York's obligation to aid mothers struggling with postpar-
tum depression so they receive help from qualified maternal healthcare
providers.
This bill would require a maternal healthcare provider to facilitate a
screening for maternal depression within the first six weeks of birth in
accordance with recommendations and best practices developed by the
commissioner of health in consultation with the office of mental health
and other relevant stakeholders on maternal depression screenings as
part of routine perinatal care.
The birth mother is not required to be screened. The maternal healthcare
provider would then record the refusal and would not face any profes-
sional misconduct accusations because of the birth mother's refusal to
be screened, nor would the birth mother be penalized for her refusal.
Finally, it ensures that maternal depression screenings are included as
part of minimum maternity care coverage.
 
LEGISLATIVE HISTORY:
2023-2024: Referred to Health
 
FISCAL IMPLICATIONS:;
To be determined
 
EFFECTIVE DATE:;
This act shall take effect one year after it become law.

Statutes affected:
S7012: 2500-k public health law, 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(c) insurance law, 3217-g insurance law