NY Pub Health L § 2803-N (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2803-N - Hospital Care for Maternity Patients.

§  2803-n.  Hospital  care  for  maternity patients. 1. When a general hospital provides maternity care:  (a) Inpatient care for mothers and newborns shall be offered  for  not less than forty-eight hours after childbirth for any delivery other than a  caesarean section, and for more than forty-eight hours when medically necessary. For a caesarean  section,  inpatient  care  for  mothers  and newborns  shall  be  offered  for  not  less than ninety-six hours after childbirth, and for more than ninety-six hours when medically necessary.  (b) Maternity care shall also include, at minimum,  parent  education, assistance  and  training  in  breast  or  bottle  feeding, education on maternal depression, education  on  maternal  depression  screening  and referrals,  and the performance of any necessary or appropriate maternal and  newborn  clinical  assessments  and  screenings   and   appropriate referrals.  Notwithstanding  this requirement, nothing in this paragraph is intended to result in the  hospital  charging  any  amount  for  such services  in  addition  to  the  applicable  charge  for  the  maternity inpatient hospital admission.  (c) (i) The hospital shall adopt, implement  and  periodically  update standard   protocols   for  management  of  obstetric  hemorrhage.  Such protocols shall address early recognition and assessment  and  readiness to  respond  in a multidisciplinary manner. Such protocols shall utilize risk assessment tools such as the toolkit established or  identified  by the department under subdivision three of this section and shall include a  response  plan  providing for the triage and transfer to higher level facilities if needed.  (ii) The hospital shall maintain and furnish protocols for  management of  obstetric  hemorrhage  required pursuant to subparagraph (i) of this paragraph to the department, immediately upon request.   2. This section shall not limit the mother's option to  be  discharged earlier  than  the  time  periods established in subdivision one of this section.   3. The commissioner shall develop guidance to hospitals  on  obstetric hemorrhage protocols, in consultation with clinical experts, and develop or  identify  an  existing  toolkit  on obstetric hemorrhage management, which may include a hemorrhage care checklist for use  by  hospitals  as part   of  the  protocols  and  guidance  on  simulation  training.  The commissioner shall post the guidance and  toolkit  on  the  department's website.   * 4.  The  hospital  shall  adopt,  implement  and periodically update standard protocols for management of other emergency medical  conditions related  to  pregnancy  for  expectant  mothers  being  admitted  to the hospital or presenting to the emergency department,  including  but  not limited  to pre-term labor. Such protocols shall require the hospital to determine whether an  expectant  mother  is  experiencing  an  emergency medical  condition,  and upon making a diagnosis of an emergency medical condition, admit the expectant mother to the hospital or treat  them  in the emergency room for close observation and continuous monitoring until it is deemed medically safe for discharge or transfer in accordance with state  and  federal requirements including the federal Emergency Medical Treatment and Labor Act (EMTALA).   * NB Effective June 20, 2021