2023 New York Laws › PBH - Public Health › Article 25 - Maternal and Child Health › Title 2 - Prenatal Care › 2530-A - Payment for Prenatal Care Special Services.

§   2530-a.  Payment  for  prenatal  care  special  services.  1.  The
commissioner is authorized to establish a program  to  provide  services
under  title  eleven  or  title  eleven-D  of article five of the social
services law, for early and continuous prenatal care for pregnant  women
who  are  eligible  to  receive  services under those titles, to prevent
complications during pregnancy and childbirth  and  to  reduce  neonatal
intensive   care   admissions  (referred  to  in  this  section  as  the
"program"). The program shall include the collection, and transmittal to
the department, of health status data pertinent  to  the  management  of
pregnancy  risk  on  a  health  status  data  form  established  by  the
department.
2. The collection of data under the program  shall  be  based  on  the
pregnant  woman's  informed  written consent, which shall be in a format
developed by the commissioner and maintained in the  provider's  medical
record. Participation in the program shall be voluntary for the pregnant
woman.  A  woman's  failure  to  give consent for the collection of data
under this section or to participate in the program shall not result  in
the diminution of any services otherwise available under title eleven or
eleven-D of article five of the social services law.
3.  If consent and voluntary participation pursuant to subdivision two
of this section is obtained, providers  of  prenatal  care  under  title
eleven  or  title  eleven-D  of article five of the social services law,
shall endeavor to collect at the earliest possible prenatal  visit,  and
report  to  the  department  in  a  form  and  manner  determined by the
commissioner, health status data concerning each pregnant woman eligible
for services under title eleven or title eleven-D of article five of the
social services law, and treated by such provider.
4. Upon receipt of a health status data  form,  the  department  shall
take one of the following actions:
(a)  If  the  pregnant woman, at the time of the receipt of the health
status data form by the department, is enrolled in a managed care health
plan, the department shall send the form to  the  plan  for  triage  and
appropriate care management interventions, which shall include available
plan  services  and  referrals  for  other  services  available  in  the
community.
(b) If the pregnant woman, at the time of the receipt  of  the  health
status  data  form  by the department, is not enrolled in a managed care
health plan, the department shall send the form to an  entity  described
in  subdivision  five  of  this  section for triage and appropriate care
management services, which shall include, but not be limited to,  needed
home  visits  and  referrals  to  community based services for high risk
pregnant women. If the pregnant woman subsequently becomes enrolled in a
managed care health plan, the  designated  entity  and  the  plan  shall
assure continuity of care.
5.  Patient  health  status data collected under this section shall be
maintained as confidential by the department and by any person or entity
to whom the department  discloses  the  data.  Such  data  may  only  be
disclosed by the department under this section.
6.  For  purposes  of  the  activities  described  in paragraph (b) of
subdivision four of this section, the department is authorized to  enter
into  agreements with and, within amounts appropriated therefor, provide
funding to, local health departments or not-for-profit organizations  to
promote  positive  pregnancy  outcomes, optimal child health, growth and
development, and safe home environments.
7. The department is authorized to operate the program  authorized  by
this section in a subset of counties in the state.
8.   Within   amounts   appropriated  therefor,  the  commissioner  is
authorized  to  develop  fees  to  reimburse  enrolled   fee-for-service

providers for the collection and transmittal of clinical data authorized
by this section.