N.Y. Public Health Law § 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).