BILL NUMBER: S7544A
SPONSOR: BROUK
TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
cesarean births review board
PURPOSE OR GENERAL IDEA OF BILL:
To create a cesarean births review board for the purpose of reviewing
maternal deaths and maternal morbidity and developing and disseminating
findings, recommendations and best practices to contribute to the
prevention of maternal mortality and morbidity
SUMMARY OF KEY PROVISIONS:
Section one of the bill amends public health law to establish a depart-
ment of cesarean birth review board composed of experts in the fields of
maternal mortality, maternal health and public health. The board will be
made up of 14 members and these members will review and then issue a
report on cesarean births and how to lower the number of them in the
state. The board will consider various factors of how to reduce C-sec-
tions in the state and within 18 months of convening the board will
issue a final report on its findings and recommendations to the gover-
nor. All information collected will be confidential and only used to
improve the quality of maternal health care.
Section two provides the effective date.
JUSTIFICATION:
The rate of cesarean birth in this state, and in this country, is not
nearly spoken about enough. Since the 1970s, the national rate of cesa-
rean births has increased by 500% which translates to about 1 in 3
babies delivered via C-section presently, compared to just 1 in 20
babies in the mid-1970s. Despite this growing trend, research demon-
strates there is no evidence that cesarean births provide any benefit to
the mother or newborn when the procedure is not required, in fact, it is
quite the opposite.
Currently, New York ranks 12th in the nation, where approximately 33% of
all deliveries in the state are cesarean. New York's cesarean birth rate
greatly exceeds the World Health Organization's and CDC's ideal rate
which is between 10 and 15 percent. While the state average is around
33%, it is important to note that cesarean birth rates vary greatly
across hospitals, ranging between 7% and 70% depending on what hospital
a birthing person goes to.
Further, studies have found that cesarean birth rates in hospitals are
directly linked to higher maternal death rates and higher costs for
healthcare. The increase in cesarean rates in the U.S. is linked to an
increase in maternal deaths overall as the procedure can lead to neona-
tal respiratory problems and maternal complications. In fact, cesareans
can account for three of the top six leading causes of maternal mortali-
ty-hemorrhage, complications of anesthesia, and infection. Many of these
maternal deaths are preventable given WHO's recommended rate of cesarean
deliveries.
Additionally, there is an alarming disparity in cesarean birth rates
among different birthing populations. Minority (non-Hispanic black,
Hispanic/Latina, Indigenous, and low socio-economic status) birthing
people receive cesareans at a significantly higher rate than non-Hispan-
ic white birthing people, which is also an indicator of low-quality
maternity care. Moreover, black birthing people are more likely to
receive a cesarean overall and importantly, they are also more likely to
undergo repeated cesareans compared to other birthing people, which
further increases the risk of mortality. In fact, in the U.S., black
birthing people die from pregnancy-related causes at higher rates and
have a four times greater risk of maternal death, more than any other
racial or ethnic group.
This bill would require the advisory council on maternal mortality and
morbidity to undertake a review of the cesarean births at hospitals, in
the state. The council will issue a final report and make recommenda-
tions related to the impact cesarean births have on birthing people and
best practices that can be implemented to reduce the rate of cesarean
births and improve overall maternal health in the state.
LEGISLATIVE HISTORY:
2022: S8866 - Referred to Women's Issues.
2023: S5517A - Amended and recommitted to Women's Issues.
2024: S5517A - Committed to Rules.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S7544: 2509 public health law, 2509(1) public health law, 2509(5) public health law