N.Y. PBH Law § 2803-N — New York Code / Act PBH / Article 28 / Section 2803-N
Hospital care for maternity patients
Status: in_force

§ 2803-n. Hospital care for maternity patients. 1. When a general\nhospital provides maternity care:\n  (a) Inpatient care for mothers and newborns shall be offered for not\nless than forty-eight hours after childbirth for any delivery other than\na caesarean section, and for more than forty-eight hours when medically\nnecessary. For a caesarean section, inpatient care for mothers and\nnewborns shall be offered for not less than ninety-six hours after\nchildbirth, and for more than ninety-six hours when medically necessary.\n  (b) Maternity care shall also include, at minimum, parent education,\nassistance and training in breast or bottle feeding, education on\nmaternal depression, education on maternal depression screening and\nreferrals, and the performance of any necessary or appropriate maternal\nand newborn clinical assessments and screenings and appropriate\nreferrals. Notwithstanding this requirement, nothing in this paragraph\nis intended to result in the hospital charging any amount for such\nservices in addition to the applicable charge for the maternity\ninpatient hospital admission.\n  (c) (i) The hospital shall adopt, implement and periodically update\nstandard protocols for management of obstetric hemorrhage. Such\nprotocols shall address early recognition and assessment and readiness\nto respond in a multidisciplinary manner. Such protocols shall utilize\nrisk assessment tools such as the toolkit established or identified by\nthe department under subdivision three of this section and shall include\na response plan providing for the triage and transfer to higher level\nfacilities if needed.\n  (ii) The hospital shall maintain and furnish protocols for management\nof obstetric hemorrhage required pursuant to subparagraph (i) of this\nparagraph to the department, immediately upon request.\n  2. This section shall not limit the mother's option to be discharged\nearlier than the time periods established in subdivision one of this\nsection.\n  3. The commissioner shall develop guidance to hospitals on obstetric\nhemorrhage protocols, in consultation with clinical experts, and develop\nor identify an existing toolkit on obstetric hemorrhage management,\nwhich may include a hemorrhage care checklist for use by hospitals as\npart of the protocols and guidance on simulation training. The\ncommissioner shall post the guidance and toolkit on the department's\nwebsite.\n  4. The hospital shall adopt, implement and periodically update\nstandard protocols for management of other emergency medical conditions\nrelated to pregnancy for expectant mothers being admitted to the\nhospital or presenting to the emergency department, including but not\nlimited to pre-term labor. Such protocols shall require the hospital to\ndetermine whether an expectant mother is experiencing an emergency\nmedical condition, and upon making a diagnosis of an emergency medical\ncondition, admit the expectant mother to the hospital or treat them in\nthe emergency room for close observation and continuous monitoring until\nit is deemed medically safe for discharge or transfer in accordance with\nstate and federal requirements including the federal Emergency Medical\nTreatment and Labor Act (EMTALA).\n