N.Y. PBH Law § 2500-K

§ 2500-k. Maternal depression. 1. Definitions. As used in this\nsection:\n (a) "Maternal depression" means a wide range of emotional and\npsychological reactions an individual may experience throughout\npregnancy and the postpartum period. These reactions may include, but\nare not limited to, feelings of despair or extreme guilt, prolonged\nsadness, lack of energy, difficulty concentrating, fatigue, extreme\nchanges in appetite, and thoughts of suicide or of harming the baby.\nMaternal depression may include prenatal depression, perinatal mood and\nanxiety disorder, the "baby blues," postpartum depression, or postpartum\npsychosis.\n (b) "Maternal health care provider" means a physician, midwife, nurse\npractitioner, or physician assistant, or other health care practitioner\nacting within his or her lawful scope of practice, attending a perinatal\nindividual, including any practitioner attending the individual's child,\nfrom conception up to one year postpartum.\n 2. Maternal depression information. (a) The commissioner, in\nconsultation with the commissioner of mental health, shall make\navailable to maternal health care providers information on maternal\ndepression. The information shall include, but not be limited to:\n (i) a summary of the current evidence base and professional guidelines\nfor maternal depression screening;\n (ii) validated, evidence-based tools for maternal depression\nscreening;\n (iii) information about follow-up support for patients who may require\nfurther evaluation, referral, or treatment including, when available,\ninformation about specific community resources and entities licensed by\nthe office of mental health; and\n (iv) information on engaging support for the mother, which may include\ncommunicating with the other parent of the child and other family\nmembers, as appropriate and consistent with patient confidentiality.\n (b) The information on maternal depression shall be posted on the\ndepartment's website. The commissioner shall, in collaboration with the\ncommissioner of mental health, update and review the information on\nmaternal depression, as necessary.\n 3. Maternal depression screenings. (a) The commissioner, in\nconsultation with the office of mental health, the office of addiction\nservices and supports, and other relevant stakeholders as determined by\nthe commissioner, shall publish guidance for incorporating maternal\ndepression screenings into routine perinatal care. This guidance shall\ninclude, but not be limited to, recommendations and best practices\nrelated to:\n (i) when maternal health care providers should initiate maternal\ndepression screenings and how often such screenings should be repeated\nthroughout pregnancy and the postpartum period;\n (ii) screening for social needs that may contribute to maternal\ndepression such as social support, intimate partner violence, food and\nhousing insecurity, diaper insecurity, and barriers to appropriate\nhealthcare;\n (iii) screening for substance use disorders;\n (iv) referrals for appropriate follow-up evaluation, diagnosis, and\ntreatment; and\n (v) reimbursement methodologies to incentivize provider participation.\n (b) The commissioner, in consultation with the office of mental\nhealth, the office of addiction services and supports, and other\nrelevant stakeholders as determined by the commissioner, shall identify\nexisting information and training programs designed to inform providers\nin an effort to promote maternal depression screening and treatment, and\npublish the links to such information and training programs on the\ndepartment's website
ith the office of mental\nhealth, the office of addiction services and supports, and other\nrelevant stakeholders as determined by the commissioner, shall identify\nexisting information and training programs designed to inform providers\nin an effort to promote maternal depression screening and treatment, and\npublish the links to such information and training programs on the\ndepartment's website. The identified information and training programs\nshall include the following topics:\n (i) health equity;\n (ii) implicit bias and cultural competency;\n (iii) screening, referral and treatment options;\n (iv) patient resources and available services;\n (v) patients' rights;\n (vi) pharmacotherapy;\n (vii) trauma-informed, patient-centered care; and\n (viii) other topics as identified by the commissioner.\n 4. Maternal depression treatment. The commissioner, in consultation\nwith the commissioner of mental health, shall:\n (a) inform providers of the need to raise awareness about maternal\ndepression; and\n (b) provide information on the department's and office of mental\nhealth's websites regarding how to locate available providers who treat\nor provide support for maternal depression including, but not limited\nto, mental health professionals, other licensed professionals, peer\nsupport, not-for-profit corporations and other community resources.\n 5. The commissioner shall make any regulations necessary to implement\nthis section.\n