Chapter 32 (Hannon): This chapter amends chapter 621 of the Laws of 2007, which added six persons who have or have had breast cancer and are active in community-based breast cancer organizations to the Health Research Science Board. It clarifies the manner in which such members are appointed. Signed by the governor on March 17, 2008, it is deemed to have been in full force and effect as of August 28, 2007.

Chapter 292 (Hannon): This chapter clarifies that physician assistants may be sexual assault forensic examiners (SAFEs). Certified sexual assault forensic examiners are trained to provide rape victims with prompt, compassionate, professional treatment, and to ensure the quality of the collection, documentation and preservation of forensic evidence. Although the Department of Health has, properly, historically recognized physician assistants as health care professionals eligible for SAFE certification, pertinent law (Public Health Law § 2805-i) specifically identified only physicians, registered nurses and nurse practitioners as candidates to become SAFEs. Pursuant to this chapter, physician assistants are statutorily recognized as eligible for SAFE certification. Signed by Governor Paterson on July 21, 2008, this chapter became effective immediately.

Chapter 335 (Hannon): This chapter requires the Commissioner of the Department of Health to establish best protocols, for use by pediatric primary care providers, for the early screening of children for autism spectrum disorders. Although there are no cures for autism spectrum disorders, research has shown that early therapy can lessen their severity. Early diagnosis of developmental delays, especially between birth and age three, is an important component of well child care and can lead to appropriate referrals for interventions. For that reason, screening for such disorders should be a routine practice for pediatric primary care providers. This chapter will ensure that such providers utilize best practice screening protocols at regular intervals during critical childhood development stages, particularly from birth until age three, which will enhance their ability to identify developmental delays and refer parents to appropriate therapeutic resources. Pediatric primary care providers have regular contact with children and are able to detect early problems in a child’s ability to communicate, learn and interact with others. Inasmuch as recent information suggests that autism spectrum disorders afflict as many as six out of every one thousand children, it is important that all children be routinely screened. Signed by Governor Paterson on July 21, 2008, this chapter becomes effective January 1, 2009. (S.6527-B/A.9512-A)

Chapter 339: This chapter ensures the provision of health insurance coverage to the surviving spouses and children of members of the fire department employed as emergency medical technicians (EMTs), advanced EMTs, and their supervisors whose deaths are the natural and proximate result of an accident or injury sustained while in the performance of duty. Health insurance coverage for said surviving spouses and children would be predicated on the enrollment of the insured fire department member in the city's hospital and medical program. This chapter also permits the surviving spouses of retired fire department EMTs to purchase health insurance coverage for one hundred two percent of the group rate for such coverage, within one year of the death of his or her spouse. This chapter was signed by Governor Paterson on July 21, 2008 and became effective immediately. The provision in the chapter relating to the provision of health insurance coverage to the surviving spouses and children of certain members of the fire department, however, is deemed to have been in full force and effect as of September 11, 2001. (S.8014/A.10107)

Chapter 314 (Hannon): This chapter provides statutory authority for the existing Statewide Perinatal Data System and establishes provisions for the use of perinatal data by Regional Perinatal Centers. In addition to codifying the Statewide Perinatal Data System, this chapter provides authority for the sharing of patient-data, otherwise protected from disclosure, amongst Regional Perinatal Centers and affiliated hospitals. The exchange of such information is a necessary step toward the implementation of comprehensive, quality programs related to the improvement of perinatal health. Information sharing among the perinatal centers can only enhance the health outcomes for both the acutely sick or at-risk pregnant women and newborns. These centers house the rich data that can improve the level of expertise in the care of these high risk obstetric and neonatal patients. This chapter was signed into law by the governor on August 1, 2007.

Chapter 574: In addition to requiring that an employer provide reasonable break time for an employee to express breast milk for her nursing child for up to three years following childbirth, this chapter states, "[n]o employer shall discriminate in any way against an employee who chooses to express breast milk in the work place."

Chapter 623: Breast cancer differs from most other cancers in that it can recur ten, twenty or even thirty years after an initial diagniosis. In this sense, it becomes a chronic condition that requires the patient to remain vigilant, informed and proactive for the rest of his or her life. Although New York has committed significant resources to breast cancer research and early detection, there existed a need for additional support for the post-diagnosis concerns of thousands of residents stricken by the disease. Thus, this chapter provides for grants, through the Breast Cancer Detection and Education Advisory Council, to community-based organizations that provide counseling, education and outreach programs for people diagnosed with breast cancer. It became effective August 28, 2007.

Chapter 645: This chapter prohibits convicted sex offenders from being covered under the Medicaid, Family Health Plus, Elderly Pharmaceutical Insurance Coverage (EPIC), and Healthy New York programs for drugs, procedures, or supplies for the treatment of erectile dysfunction.

Chapter 176: This chapter extends Medicaid benefits to persons with breast, cervical, colon, or prostate cancer who have an income of 250% or less of the federal poverty level. It further provides Medicaid presumptive eligibility guidelines for such individuals.

Chapter 573: This chapter establishes certain restrictions on the use of ultraviolet

radiation devices at tanning salons.

Chapter 603: This chapter limits the amount of mercury contained in a vaccine administered to certain children and pregnant women to trace amounts. It allows the use of vaccines containing higher amounts of mercury when alternatives are not available, and with the informed consent of either the child’s parents or the pregnant woman in question.

Chapter 768: Establishes rights of spouses, domestic partners, family members and certain others in the disposition of the remains of a deceased person. It also creates a process that allows an individual to designate an agent to carry out his/her burial wishes.

Chapter 219: this chapter provides for the creation of a video and training materials regarding the dangers of shaking infants and young children. It requires hospitals and birth centers to request the viewing of such video by maternity patients and fathers and further requires documentation of how such individuals responded to such requests.

Chapter 324: this chapter requires the Commissioner of Health to consolidate the 4 authorized Medicaid home and community-based services model waiver programs to allow developmentally disabled children to be treated at home, commonly known as "Katie Beckett" waivers, into a single home and community-based waiver program. It makes technical revisions to the law, which also sets forth eligibility requirements for participation, to reflect the consolidation of the waiver programs.

Chapter 471: This chapter provides domestic partners with the same rights that would normally be provided to spouses and next of kin for visitation at hospitals, nursing homes, or other health care facilities.

Chapter 604: This chapter establishes the Childhood Obesity Prevention Program within the New York State Department of Health. It directs the Department to develop and implement guidelines for nutrition education and physical activity as part of such obesity prevention efforts.

Chapter 625: This chapter requires hospitals that provide emergency treatment to rape survivors to make available information regarding emergency contraception, orally inform them about the availability thereof, and, upon request, dispense said emergency contraception. It stipulates that not all hospitals shall be required to provide emergency contraception to a rape survivor who is pregnant.

Chapter 1: This chapter expands Medicaid eligibility to certain individuals diagnosed with breast and/or cervical cancer or pre-cancerous conditions for treatment of their cancer. These services are provided through the Healthy Women Partnership program.

Chapter 442: This chapter requires the Superintendent of Insurance and the Commissioner of Health to assess whether the use of computer aided detection devices provides measurably better results in the detection of breast cancer.

Chapter 554: This chapter mandates insurance coverage of certain primary and preventive obstetric and gynecologic health care services including screening for osteoporosis, breast cancer and cervical cancer. It does require coverage for annual mammograms starting at age 40 and coverage for contraceptive drugs and devices.

Chapter 121: This chapter requires that every hospital with maternity and newborn services provide information concerning the dangers of shaking infants and young children.

Chapter 57: This chapter expands the qualifying annual family income for the Prenatal Care Assistance Program (PCAP), which provides Medicaid coverage for prenatal care, delivery, postpartum and infant care to uninsured women and their infants through their first year of life from 185% ($37,000 for a family of four) of the federal poverty level to 200% ($40,000 for a family of four) of the federal poverty level. Medicaid coverage of family planning services was similarly expanded to cover individuals with annual family incomes up to 200% of the federal poverty level.

Chapter 635: This chapter provides protections against the stalking of individuals or the restriction of access to a health care provider or place of religious worship. It enhances enforcement capacity and establishes criminal offenses for violators.

Chapter 585: This chapter requires health care facilities to screen newborn infants for hearing problems, and make referrals for treatment as needed.

Chapter 576 (Hannon): This chapter requires a health provider to release to a patient or health care provider the patient’s original mammogram, when so requested by the patient. This law also prohibits a facility from charging a patient fee when the facility chooses to make a copy of the original mammogram for its files when it releases the original mammogram to the patient, their medical institution or health care provider. The statute implemented provisions of the federal Mammography Quality Standards Act and related federal legislation.

Chapter 586: This chapter provides health plan consumers with the right to an impartial, external appeal of their health plan’s denial of physician recommended treatment, as well as a process for external review and coverage of experimental and investigational treatments recommended for the patient.

Chapters 20 and 21: These chapters require health insurance coverage to include coverage of inpatient mastectomy, breast reconstructive surgery and outside consultation with cancer specialists in relation to breast or other cancers.

Chapter 177: This chapter mandates insurance coverage for Enteral Formulas and certain other nutritional supplements when prescribed by a health care practitioner.

Chapter 647: This chapter requires that new parents be provided information on postpartum depression as part of the range of information provided to them prior to hospital discharge. Identifying depression following childbirth is critical as it can effect the health of both mother and child and if not diagnosed, postpartum depression can have devastating consequences.

Chapter 686: This chapter establishes a State Osteoporosis Prevention and Detection Program within the New York State Department of Health to promote osteoporosis prevention and to develop and provide professional education programs for health care providers, including local health departments, area offices for the aging, nonprofit community organizations and others. This law also establishes an advisory council to guide implementation of the program.

Chapter 618: This chapter stipulates that a person is guilty of a Class E felony if s/he participates in acts defined as female genital mutilation for reasons other than legitimate purposes.

Chapter 56: This chapter ensures that women are covered for at least a 48-hour hospital stay, or 96-hours following a cesarean birth, in accordance with physician's recommendation and the patient’s wishes.

Chapter 220: This chapter establishes a comprehensive program of counseling of pregnant women regarding HIV and AIDS and of mandatory HIV testing of newborns.

Chapter 279: This chapter establishes a Health Research Science Board to review applications for breast cancer research and education, disseminate pesticide data to health researchers, evaluate the usefulness of pesticide data and make recommendations for improvement; a corporate franchise tax check-off and a personal income tax check-off for use in financing a breast cancer research and education fund; requirements for water quality monitoring for pesticides; a pesticide sales and use database through the State Department of Environmental Conservation in conjunction with Cornell University; and pesticide reporting by commercial applicators.

Chapter 300: This chapter provides information to consumers, patients, and health care providers relating to ovarian cancer, including signs and symptoms, risk factors and the benefits of early detection through appropriate diagnostic testing and treatment options. This law also establishes a state ovarian cancer information advisory council appointed by the Commissioner of Health.

Chapter 323: This chapter amends the State Breast Cancer Detection and Education Program to permit local providers to also conduct screening for cervical cancer for under-served and uninsured women.

Chapter 222: This chapter requires hospitals to notify victims of their rights and provide them with information regarding domestic violence, treatment, shelters and other places of safety.

Chapter 289: This chapter extends the deadline to file lawsuits an additional 30 days for women who have claims of personal injury or death caused by the effects of a breast implant or breast implant materials if they opted out of the implant litigation settlement agreement.

Chapter 504: This chapter requires hospitals to coordinate with local rape crisis services and to permit rape crisis counselors to accompany a patient needing to be examined upon the patient’s request.

Chapter 645: This chapter increases women’s direct access to OB/GYN services in their health plan, without need for referral by a "gatekeeper."

Chapter 26: This chapter establishes a State program to offset medical malpractice liability insurance costs to assist physicians to initiate or expand practices for poor and high risk women.

OB/GYN practitioner shortages in certain areas of the State, combined with the high risk elements of this practice and extremely high premiums for medical malpractice liability insurance, led to overall concerns about inadequate access to necessary care for women, particularly in practitioner shortage areas.

Chapter 43: This chapter expands health insurance coverage for cervical cytology ("pap smear") testing for women.

Chapter 419: This chapter extends the statute of limitations for a claimant to begin an action for personal injury or death caused by the effects of silicone gel injected or implanted in the body or by the effects of the Dalkon shield intrauterine device.

Chapter 601: This chapter prohibits insurers from denying or canceling a life or disability insurance policy based on a history of breast cancer if the diagnosis occurred at least 3 years prior to the application date and a physician has certified that there has not been a reoccurrence.

Chapter 731: This chapter establishes and funds programs to provide counseling and community support services to HIV infected mothers and their children.

Chapters 327 and 328: These chapters establish licensure requirements for the practice of midwifery and clarified the relationship between midwives, hospitals and physicians.

Chapter 601: This chapter prohibits insurers from refusing to issue or renew life or disability insurance because a person has a history of breast cancer, provided that the initial diagnosis was made three years prior to the application and the disease has not recurred.

Chapter 711: This chapter requires that health insurance companies provide coverage for cervical cancer screening, including the physical exam and related procedures. The success in treating cervical cancer, particularly when identified and treated early, makes the proper screening for this condition extremely crucial and ultimately lifesaving.

Chapter 57: This chapter requires all persons with a license to sell alcohol to display a sign or poster warning of birth defects from alcohol consumption.

Chapter 130: This chapter expands the scope of the Breast Cancer Detection and Education Program to include the provision of breast health awareness programs in schools which approve of such programs being conducted.

Chapter 179: This chapter amends the 1985 state breast cancer information program law by requiring that the state-prepared booklet on breast cancer include information on the risks and side-effects of breast implants.

Chapter 444: This chapter ensures that programs providing alcohol and substance abuse prevention services to women specifically include pregnant women.

Chapter 4: This chapter requires maternal screening for Hepatitis-B and treatment of any infected newborns for this potentially devastating but treatable disease.

Chapter 231: This chapter requires that state health research grant applications include gender specific questions to help ascertain whether such studies impact women or men more heavily and whether the outcomes show significant gender differences.

Chapter 237: This chapter creates a hysterectomy information and education program requiring the New York State Health Department of Health to prepare and disseminate information, to be provided by physicians, to women to improve their knowledge about the procedure and alternative options, which might be appropriate.

Chapter 334: This chapter establishes a breast health awareness program to be conducted by the Breast Cancer Detection and Education Program in conjunction with schools to provide breast health education, with particular emphasis on the importance of breast self-exam as a lifelong personal health behavior. Annual funding in the amount of $150,000 is allocated for this program.

Chapter 853: This chapter expands health insurance coverage for drugs to include prescriptions which have proven effective in treating cancer, though have not yet received federal approval to be marketed for such cancer treatments. (The drugs, however, must already be federally approved as appropriate for other specified medical treatment.)

Chapter 891: This chapter creates the authority for state grants to certify home health agencies to operate a program using volunteer "resource mothers" to help new parents. Based on recommendations of the National Commission to Prevent Infant Mortality, agency volunteers under this program would provide guidance, teaching and support for new mothers in such areas as nutrition, exercise, hygiene, breast feeding, infant care, friendly visiting and drugs, alcohol and tobacco.

Chapter 897: This chapter provides that no health insurer may deny coverage for medical treatment for medical conditions related to infertility when such treatments are otherwise covered under the policy to treat correctable medical conditions.

1990 Budget: Provides for the establishment of a Statewide Toll-Free Breast Cancer Hotline provided through Adelphi University, building upon the initial pioneering program at the University. Annual funding in the amount of $175,000 is provided for the statewide hotline which is 1-800-877-8077.

Chapter 328: This chapter creates the State Breast Cancer Detection and Education Programs providing for mammography and clinical screening for women, targeting the underserved and uninsured. This law also creates the State Breast Cancer and Detection and Education Advisory Council. The program has steadily evolved in both scope and annual financial support. In now includes cervical cancer screening and operates through the statewide Healthy Women Partnership initiative.

Chapter 417: This chapter pertains to insurance coverage for a mammography and requires that such coverage provide for: a baseline mammogram between age 35 and 39; upon the recommendation of a physician, a mammogram at any age for a woman with a prior history of breast cancer or whose mother or sister has a prior history; a mammogram every two years for women age 40 to 49, or more frequently if recommended by a physician; and annual mammograms for women age 50 and over.

Chapter 584: This chapter creates a new statewide Prenatal Care Assistance Program (PCAP) to provide Medicaid coverage for prenatal care, delivery, postpartum and infant care to uninsured women and their infants throughout their first year of life.

Chapter 713: This chapter requires hospitals and birthing centers to distribute to every maternity patient, at pre-booking, informational material containing definitions and statistics regarding maternity procedures at the facility, including the annual rate of cesarean sections, the annual percentage of births utilizing induction of labor and the annual number of births utilizing forceps.

Chapter 203: This chapter requires the New York State Department of Health to prepare and disseminate to providers a booklet on breast cancer treatment alternatives. The booklet is distributed to women when considering breast cancer treatment to aid in their knowledge, consultation with their physician and personal decision making on a course of treatment.