Statute:

Information for maternity patients

* § 2803-j. Information for maternity patients. 1. The commissioner
shall require that every hospital and birth center shall prepare in
printed or photocopied form and distribute at the time of pre-booking
directly to each prospective maternity patient and, upon request, to the
general public an informational leaflet. Such leaflet shall be designed
by the commissioner and shall contain brief definitions of maternity
related procedures and practices as specified in subdivision two of this
section and such other material as deemed appropriate by the
commissioner. Hospitals and birth centers may also elect to distribute
additional explanatory material along with the maternity patients
informational leaflet. The commissioner shall make the information
contained in the leaflet available on the department's website and shall
present all annual statistical information compiled pursuant to
subdivision three of this section on the department's website for the
most recent five years for which such data is available.

1-a. The informational leaflet shall also include an explanation of
the special provisions relating to maternity care and coverage under the
insurance law and section twenty-eight hundred three-n of this article,
and suggest that expectant parents check their insurance policies for
the details of their maternity coverage.

1-b. The informational leaflet shall also include information relating
to the physical and mental health of the maternity patient after
discharge from the hospital, including, but not limited to, information
about maternal depression. The commissioner, in collaboration with the
commissioner of mental health, shall review and update the information
on maternal depression contained in the leaflet, as necessary. The
informational leaflets shall be made available to patients in the top
six languages spoken in the state, other than English, according to the
latest available data from the United States Census Bureau.

1-c. The informational leaflet shall also include a description of the
dangers of shaking infants and young children. The description shall
include information on the effects of shaking infants and young
children, appropriate ways to manage the causes of shaking infants and
young children, and discussion on how to reduce the risks of shaking
infants and young children.

1-d. The informational leaflet shall also include the recommendations
from the American Academy of Pediatrics relating to safe sleep,
including sleep space and sleep position, and discussion on how to
reduce the risk of infant death through safe sleep practices. The
information described in this subdivision may take the form of a video
in lieu of a leaflet.

2. Such leaflet shall also include statistics relating to the annual
percentage of maternity related procedures performed at such hospital or
birth center, as provided by the commissioner, including but not limited
to the following:

(a) the annual rate of cesarean sections, primary, repeat and total,
performed at such facility;

(b) the annual percentage of women with previous cesarean sections who
have had a subsequent successful vaginal birth;

(c) the annual percentage of deliveries by midwives;

(d) the annual percentage of births utilizing electronic fetal
monitoring listed on the basis of external and internal;

(e) the annual percentage of births utilizing forceps, listed on the
basis of low forceps delivery and mid forceps delivery;

(f) the annual percentage of breech births delivered vaginally;

(g) the annual percentage of births utilizing analgesia;

(h) the annual percentage of births utilizing anesthesia including
general, spinal, epidural, and paracervical listed on the basis of
vaginal and cesarean births;

(i) the annual percentage of births utilizing induction of labor;

(j) the annual percentage of births utilizing augmentation of labor;

(k) the annual percentage of vaginal births utilizing episiotomies;

(l) whether birthing rooms are available for use in the facility;

(m) whether rooming-in is available in the facility, on the basis of
twenty-four hours a day or daytime;

(n) whether the facility conducts safety drills to prepare for
obstetric emergencies;

(o) whether the facility participates in quality improvement
initiatives;

(p) whether the facility has an agreement and policy to arrange for
emergent transfer of care for critically ill pregnant people/infants to
higher levels of care (applicable only for those facilities that are not
the designated regional perinatal center or a quaternary or tertiary
care center with Level III-IV NICU);

(q) whether the facility has a written community needs assessment plan
to reduce racial disparities and address community needs;

(r) whether the facility offers, upon patient request, an autopsy for
stillbirth; and

(s) whether the facility offers bereavement support for patients that
have suffered a stillbirth or third trimester fetal loss.

3. Compilation of the statistics set out in subdivision two of this
section shall be the responsibility of the commissioner.

4. Statistical information shall be presented in the most recent one
year aggregate.

5. (a) The commissioner shall establish an immunization schedule for
newborn children. The immunization schedule shall chart out recommended
immunizations against certain diseases and illnesses and age-appropriate
times for the administration of each immunization. The immunization
schedule shall also include information on the importance of getting
children immunized at the recommended ages. The immunization schedule
shall also include the toll-free telephone number operated by the
department as part of its immunization education efforts. The
immunization schedule shall be in accordance with recommendations
established by the New York state department of health and the
immunization practices advisory committee of the United States
department of health and human services.

(b) The commissioner shall provide the immunization schedule to the
local registrars for distribution pursuant to paragraph (b) of
subdivision one of section four thousand one hundred thirty-seven of
this chapter.

6. Every hospital and birth center shall request that a parent and/or
parents, which shall mean and include biological and adoptive parents,
guardians, or other persons in parental relationship to a newborn child,
if available, view (a) a video presentation, approved by the
commissioner, on the dangers of shaking infants and young children, and
the symptoms of shaken baby syndrome, and (b) a video presentation,
approved by the commissioner, on the dangers of drowning for infants and
young children. After viewing such video presentations or upon refusal
to view such video presentations, the hospital or birth center shall
request that such parent and/or parents sign a form stating that they
have viewed or refused to view such video presentations. All training
materials and forms required to implement the provisions of this
subdivision shall be provided by the commissioner.

* NB There are 2 § 2803-j's

PBH 2803-J 2025-05-30

Sections:

ARTICLE 28 - Hospitals
SECTION 2800 - Declaration of policy and statement of purpose
SECTION 2801 - Definitions
SECTION 2801-A - Establishment or incorporation of hospitals
SECTION 2801-B - Improper practices in hospital staff appointments and extension of professional privileges prohibited
SECTION 2801-C - Injunctions
SECTION 2801-D - Private actions by patients of residential health care facilities
SECTION 2801-E - Voluntary residential health care facility rightsizing demonstration program
SECTION 2801-F - Residential health care facility quality incentive payment program
SECTION 2801-G - Community forum on hospital closure
SECTION 2801-H - Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
SECTION 2802 - Approval of construction
SECTION 2802-A - Transitional care unit demonstration program
SECTION 2802-B - Health equity impact assessments
SECTION 2803 - Commissioner and council; powers and duties
SECTION 2803-A - Authority to contract
SECTION 2803-AA - Sickle cell disease information distribution
SECTION 2803-AA*2 - Nursing home infection control competency audit
SECTION 2803-B - Uniform reports and accounting systems for hospital costs
SECTION 2803-C - Rights of patients in certain medical facilities
SECTION 2803-C-1 - Rights of patients in certain medical facilities; long-term care ombudsman program
SECTION 2803-D - Reporting abuses of persons receiving care or services in residential health care facilities
SECTION 2803-E - Residential health care facilities; return and redistribution of unused medication
SECTION 2803-E*2 - Reporting incidents of possible professional misconduct
SECTION 2803-F - Respite projects
SECTION 2803-G - Board of visitors in county owned residential health care facility
SECTION 2803-H - Health related facility; pet therapy programs
SECTION 2803-I - General hospital inpatient discharge review program
SECTION 2803-J - Information for maternity patients
SECTION 2803-J*2 - Nursing home nurse aide registry
SECTION 2803-K - In-patient nasogastric feeding procedures
SECTION 2803-L - Community service plans
SECTION 2803-M - Discharge of hospital patients to adult homes
SECTION 2803-N - Hospital care for maternity patients
SECTION 2803-O - Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
SECTION 2803-O-1 - Required protocols for fetal demise
SECTION 2803-P - Disclosure of information concerning family violence
SECTION 2803-Q - Family councils in residential health care facilities
SECTION 2803-R - Dissemination of information about the abandoned infant protection act
SECTION 2803-S - Access to product recall information
SECTION 2803-T - Preadmission information
SECTION 2803-U - Hospital substance use disorder policies and procedures
SECTION 2803-V - Lymphedema information distribution
SECTION 2803-V*2 - Standing orders for newborn care in a hospital
SECTION 2803-W - Independent quality monitors for residential health care facilities
SECTION 2803-W*2 - Disclosure of information concerning pregnancy complications
SECTION 2803-X - Requirements related to nursing homes and related assets and operations
SECTION 2803-Y - Provision of residency agreement
SECTION 2803-Z - Transfer, discharge and voluntary discharge requirements for residential health care facilities
SECTION 2803-Z*2 - Antimicrobial resistance prevention and education
SECTION 2804 - Units for hospital and health-related affairs
SECTION 2804-A - State task force on clinical practice guidelines and medical technology assessment
SECTION 2805 - Approval of hospitals; operating certificates
SECTION 2805-A - Disclosure of financial transactions
SECTION 2805-B - Admission of patients and emergency treatment of nonadmitted patients
SECTION 2805-C - Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...
SECTION 2805-D - Limitation of medical, dental or podiatric malpractice action based on lack of informed consent
SECTION 2805-E - Reports of residential health care facilities
SECTION 2805-F - Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses
SECTION 2805-G - Maintenance of records
SECTION 2805-H - Immunizations
SECTION 2805-I - Treatment of sexual offense victims and maintenance of evidence in a sexual offense
SECTION 2805-J - Medical, dental and podiatric malpractice prevention program
SECTION 2805-K - Investigations prior to granting or renewing privileges
SECTION 2805-L - Adverse event reporting
SECTION 2805-M - Confidentiality
SECTION 2805-N - Child abuse prevention
SECTION 2805-O - Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
SECTION 2805-P - Emergency treatment of rape survivors
SECTION 2805-Q - Hospital visitation by domestic partner
SECTION 2805-R - Patients unable to verbally communicate
SECTION 2805-S - Circulating nurse required
SECTION 2805-T - Clinical staffing committees and disclosure of nursing quality indicators
SECTION 2805-U - Credentialing and privileging of health care practitioners providing telemedicine services
SECTION 2805-V - Observation services
SECTION 2805-W - Patient notice of observation services
SECTION 2805-X - Hospital-home care-physician collaboration program
SECTION 2805-Y - Identification and assessment of human trafficking victims
SECTION 2805-Z - Hospital domestic violence policies and procedures
SECTION 2806 - Hospital operating certificates; suspension or revocation
SECTION 2806-A - Temporary operator
SECTION 2806-B - Residential health care facilities; revocation of operating certificate
SECTION 2807 - Hospital reimbursement provisions; generally
SECTION 2807-A - General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges
SECTION 2807-AA - Nurse loan repayment program
SECTION 2807-B - Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...
SECTION 2807-C - General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight
SECTION 2807-D - Hospital assessments
SECTION 2807-DD - Temporary nursing home stability contributions
SECTION 2807-D-1 - Hospital quality contributions
SECTION 2807-E - Uniform bills
SECTION 2807-F - Health maintenance organization payment factor
SECTION 2807-I - Service and quality improvement grants
SECTION 2807-J - Patient services payments
SECTION 2807-K - General hospital indigent care pool
SECTION 2807-L - Health care initiatives pool distributions
SECTION 2807-M - Distribution of the professional education pools
SECTION 2807-N - Palliative care education and training
SECTION 2807-O - Early intervention services pool
SECTION 2807-P - Comprehensive diagnostic and treatment centers indigent care program
SECTION 2807-R - Funding for expansion of cancer services
SECTION 2807-S - Professional education pool funding
SECTION 2807-T - Assessments on covered lives
SECTION 2807-U - Transfers for tax credits
SECTION 2807-V - Tobacco control and insurance initiatives pool distributions
SECTION 2807-W - High need indigent care adjustment pool
SECTION 2807-X - Grants for long term care demonstration projects
SECTION 2807-Y - Pool administration
SECTION 2807-Z - Review of eligible federally qualified health center capital projects
SECTION 2808 - Residential health care facilities; rates of payment
SECTION 2808-A - Liability of certain persons
SECTION 2808-B - Certification of financial statements and financial information
SECTION 2808-C - Reimbursement of general hospital inpatient services
SECTION 2808-D - Nursing home quality improvement demonstration program
SECTION 2808-E - Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...
SECTION 2808-E*2 - Nursing home ratings
SECTION 2809 - Residential health care facilities; powers to require security
SECTION 2810 - Residential health care facilities; receivership
SECTION 2811 - Discounts and splitting fees with medical referral services; prohibited
SECTION 2812 - Construction
SECTION 2813 - Separability
SECTION 2814 - Health networks, global budgeting, and health care demonstrations
SECTION 2815 - Health facility restructuring program
SECTION 2815-A - Community health care revolving capital fund
SECTION 2816 - Statewide planning and research cooperative system
SECTION 2816-A - Cardiac services information
SECTION 2817 - Community health centers capital program
SECTION 2818 - Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program
SECTION 2819 - Hospital acquired infection reporting
SECTION 2820 - Home based primary care for the elderly demonstration project
SECTION 2821 - State electronic health records (EHR) loan program
SECTION 2822 - Residential care off-site facility demonstration project
SECTION 2823 - Supportive housing development program
SECTION 2824 - Central service technicians
SECTION 2824*2 - Surgical technology and surgical technologists
SECTION 2825 - Capital restructuring financing program
SECTION 2825-A - Health care facility transformation program: Kings county project
SECTION 2825-B - Oneida county health care facility transformation program: Oneida county project
SECTION 2825-C - Essential health care provider support program
SECTION 2825-D - Health care facility transformation program: statewide
SECTION 2825-E - Health care facility transformation program: statewide II
SECTION 2825-F - Health care facility transformation program: statewide III
SECTION 2825-G - Health care facility transformation program: statewide IV
SECTION 2825-H - Health care facility transformation program: statewide V
SECTION 2826 - Temporary adjustment to reimbursement rates
SECTION 2827 - Plant-based food options
SECTION 2828 - Residential health care facilities; minimum direct resident care spending
SECTION 2828*2 - Essential support persons allowed for individuals with disabilities during a state of emergency
SECTION 2829 - Nursing homes; disclosure requirements
SECTION 2830 - Surgical smoke evacuation
SECTION 2830*2 - Regulation of the billing of facility fees

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