BILL NUMBER: S7731
SPONSOR: WEBB
 
TITLE OF BILL:
An act to amend the insurance law, in relation to requiring coverage of
a hospitalized birthing parent's interhospital transport to accompany
their infant needing such transport
 
PURPOSE OF BILL:
To require health insurance coverage for an interhospital transfer of a
hospitalized birthing parent to accompany a newborn infant experiencing
a. condition necessitating transport.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would add a new subparagraph (C) to paragraph 10 of subsection
(i) of section 3216 of the insurance law, amending the insurance law
relating to coverage for maternity care to include coverage for an
interhospital transfer of a hospitalized birthing parent to accompany
such birthing parent's newborn infant experiencing a condition necessi-
tating transport.
Section 2 would add a new subparagraph (C) to paragraph 5 of the
subsection (k) of section 3221 of the insurance law, amending the insur-
ance law relating . to coverage for maternity care to include coverage
for an interhospital transfer of a hospitalized birthing parent to
accompany such birthing parent's newborn infant experiencing a condition
necessitating transport.
Section 3 would add a new paragraph 3 to subsection (c) of section 4303
of the insurance law, amending the insurance law relating to coverage
for maternity care to include coverage for an interhospital transfer
of,a hospitalized birthing parent to accompany such birthing parent's
newborn infant experiencing a condition necessitating transport.
Section 4 would set forth the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
Care for newborns and birthing parents is a dynamic process that
requires rapid response to evolving medical needs. To provide the best
care possible to a newborn infant, a transfer to a hospital that is
better able to provide specialized care may be necessary. However, a
hospitalized birthing parent may potentially not be transferred with
their newborn due to a lack of insurance coverage. Despite the impor-
tance of a birthing parent being near a newborn during this time, insur-
ance coverage for the transfer of the hospitalized birthing parent is
not guaranteed. Physicians who provide maternity care must receive
approval from an insurance company for the transfer to be covered.
Waiting for approval and potentially being denied coverage for the
transfer creates time-consuming barriers that impede care.
Typically, a newborn infant is being transferred to a different hospital
to receive a higher level of care. This can be due to the newborn infant
having a potentially life-threatening or life-limiting condition. The
diagnoses of these conditions can be very stressful for birthing parents
and their families.I When possible, the complex decisions about life-
prolonging care for the newborn infant should involve both parents.2 It
is difficult to involve the birthing parent in care decisions, when they
are in a different hospital. Further, this creates more familial stress
as partners and family must decide which hospital to be present at to
provide support for both the birthing parent and the newborn infant.
The separation of a birthing parent and newborn infant between hospitals
disrupts care and interferes in the vital bonding process. Even in the
case of a life-threatening or life-limiting condition, assessment and
care of the newborn should include considerations for bonding and skin-
to-skin contact, warmth, and feeding and lactation.3 A birthing parent
and a newborn should not miss out on these integral steps just because
of a lack of insurance coverage for the hospital transfer of a birthing
parent.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law.
(1) https://www.acog.org/clinical-guidance/committee-opinion/
articies/2019/09/perinatel-palliativecare
(2)lbid.
(3)lbid.

Statutes affected:
S7731: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(c) insurance law