S 2228: Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.

  
  STATE OF NEW YORK ________________________________________________________________________ 2228 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sens. RAMOS, CLEARE, KRUEGER, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to premium reduction for obstetric practitioners who complete a risk management strategies course The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2506-a to read as follows: 3 § 2506-a. Risk management strategies in obstetrics and midwifery 4 courses. 1. In order to improve patient safety, birth outcomes and to 5 promote informed consultation by patients with their physicians and 6 licensed midwives during the prenatal through intrapartum and postpartum 7 periods, the commissioner shall approve professional education courses 8 for eligible physicians and licensed midwives as provided in subdivision 9 four of this section that covers risk management strategies in obstet- 10 rics and midwifery as described in subdivision two of this section. Such 11 risk management strategies courses shall be subject to such standards as 12 the commissioner may prescribe by regulation. In prescribing such regu- 13 lations, the commissioner may consult with the American Congress of 14 Obstetricians and Gynecologists, New York State Association of Licensed 15 Midwives and other health care organizations. An eligible physician or 16 licensed midwife who successfully completes such risk management strate- 17 gies course pursuant to this section shall receive continuing medical 18 education credit and a certificate of completion. 19 2. Courses on risk management strategies during the prenatal through 20 intrapartum and postpartum periods shall promote evidence-based clinical 21 guidelines and patient safety protocols from both the midwifery and 22 obstetrical perspectives. Options for courses should be appropriate for 23 the respective profession and may include information and education EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06081-01-5 
 S. 2228 2 1 addressing risks associated with the practice of obstetrics and midwif- 2 ery. Course options may include issues such as: methods to eliminate 3 non-medically indicated (elective) deliveries prior to thirty-nine weeks 4 gestation including the neonatal impact of late preterm births; vaginal 5 births after cesarean births and the applicability to a trial of labor; 6 reductions in cesarean births; monitoring of fetal well-being; manage- 7 ment of pain in labor; management of maternal hemorrhage, including 8 placenta accreta, hypertension in pregnancy, including pre-eclampsia and 9 eclampsia, vaginal breech and prevention of shoulder dystocia; and other 10 evidence-based guideline determined issues that improve the care and 11 outcomes of their patients. 12 3. Attendance at any course approved by the commissioner pursuant to 13 this section may be in person or through distance learning methods which 14 evince that all participants are in attendance for the duration of the 15 course and able to ask questions of the instructor. 16 4. Physicians who are board certified or are active candidates for 17 board certification in obstetrics and physicians who are board certified 18 or are eligible for board certification in family practice and provide 19 obstetric services and midwives who are licensed in the state are eligi- 20 ble for a risk management strategies course. 21 5. The commissioner is authorized to prescribe any rules and regu- 22 lations necessary to implement this section. In prescribing such rules 23 and regulations, the commissioner shall consider the rules and regu- 24 lations promulgated by the superintendent of financial services pursuant 25 to subsection (e) of section two thousand three hundred forty-three of 26 the insurance law and may consult with the superintendent of financial 27 services. 28 § 2. Subsection (e) of section 2343 of the insurance law, as added by 29 chapter 642 of the laws of 1990, is amended and a new subsection (f) is 30 added to read as follows: 31 (e) The superintendent may approve an actuarially appropriate premium 32 reduction for an insured physician or licensed midwife who successfully 33 completes a risk management course or a course authorized by the commis- 34 sioner of health under section two thousand five hundred six-a of the 35 public health law, which must be approved by the superintendent subject 36 to such standards as the superintendent may prescribe by regulation. In 37 prescribing such regulation the superintendent may consult with the 38 commissioner of health. 39 (f) An insured physician or licensed midwife who successfully 40 completes a course authorized by the commissioner of health under 41 section two thousand five hundred six-a of the public health law shall 42 not, during the period set forth in the superintendent's regulations 43 prescribing standards for the premium reduction, also be eligible for 44 additional premium reduction for an insured physician or licensed 45 midwife's medical malpractice insurance policy for successful completion 46 of a risk management course approved by the superintendent under part 47 152 of title 11 of the New York code of rules and regulations. 48 § 3. This act shall take effect one year after it shall have become a 49 law and shall apply to all insurance policies and contracts issued, 50 renewed, modified or altered on and after such effective date. The 51 commissioner of health and the superintendent of financial services are 52 authorized and directed to adopt, amend, suspend or repeal regulations 53 and take other actions necessary for the implementation of this act 54 prior to such effective date; provided, however, that such adoption, 55 amendment, suspension or repeal of regulations shall not have legal 56 effect until this act takes effect.