2021 New York Laws
PBH - Public Health
Article 2 - The Department of Health
Title 6 - Women's Health
266 - Department Website.

* §  266.  Department  website.  1. The department shall establish and
maintain an internet website for the purpose of advancing women's health
initiatives. The website shall provide information for the  purposes  of
educating  the  public  and  raising awareness of women's health issues,
provide links to useful resources and encourage the use of services  now
made  more  widely available to the women of New York state. The website
shall also promote  the  following  preventative  services  now  covered
pursuant  to  federal law and regulation, and explain that such services
must be covered with no cost sharing:
  (a) Anemia screening for pregnant women;
  (b)  Bacteriuria  urinary  tract  or  other  infection  screening  for
pregnant women;
  (c) BRCA counseling about genetic testing for women at higher risk;
  (d)  Breast  cancer  mammography screenings every one to two years for
women over age forty;
  (e) Breast cancer chemoprevention counseling for women at higher risk;
  (f) Breastfeeding comprehensive support and  counseling  from  trained
providers, as well as access to breastfeeding supplies, for pregnant and
nursing women;
  (g) Cervical cancer screening for sexually active women;
  (h) Chlamydia infection screening for younger women and other women at
higher risk;
  (i) Contraception: Food and Drug Administration-approved contraceptive
methods, sterilization procedures, and patient education and counseling,
not including abortifacient drugs;
  (j)  Domestic  and interpersonal violence screening and counseling for
all women;
  (k) Folic acid supplements for women who may become pregnant;
  (l)  Gestational  diabetes  screening   for   women   twenty-four   to
twenty-eight  weeks  pregnant  and  those  at  high  risk  of developing
gestational diabetes;
  (m) Gonorrhea screening for all women at higher risk;
  (n) Hepatitis B screening for pregnant women at their  first  prenatal
visit;
  (o)  Human  immunodeficiency  virus (HIV) screening and counseling for
sexually active women;
  (p) Human papillomavirus (HPV) DNA Test: high  risk  HPV  DNA  testing
every  three years for women with normal cytology results who are thirty
years of age or older;
  (q) Osteoporosis screening for women over age sixty depending on  risk
factors;
  (r)  RH incompatibility screening for all pregnant women and follow-up
testing for women at higher risk;
  (s) Tobacco  use  screening  and  interventions  for  all  women,  and
expanded counseling for pregnant tobacco users;
  (t)  Sexually  transmitted  infections  (STI)  counseling for sexually
active women;
  (u) Syphilis screening for  all  pregnant  women  or  other  women  at
increased risk; and
  (v) Well-woman visits to obtain recommended preventive services.
  2.  The commissioner shall develop and update as necessary information
on possible complications from pregnancy that can endanger the  life  or
health  of  the  newborn or the mother for purposes of advancing women's
health initiatives, pursuant to subdivision one of  this  section.  Such
information  shall  be developed in consultation with any state or local
government maternal mortality review boards and health care providers or
other experts in the field of women and newborn health. Such information
shall be posted on the website in a printable format, in each of the top

six languages spoken in the state, other than English, according to  the
latest available data from the United States Census Bureau, to allow all
general  hospitals,  diagnostic  and  treatment  centers, obstetricians,
primary  care  providers,  midwives,  and  other  health  care  programs
providing women's wellness services to provide the information to  their
patients   as   part  of  their  wellness  education  or  prenatal  care
activities.
  3. The department shall also  consider  making  use  of  social  media
networks for the purposes of advancing such initiatives.
  ** 4.  Information  pursuant  to subdivision two of this section shall
include information related  to  pre-term  labor  and  premature  birth,
including but not limited to definitions and information on the risks of
pre-term labor and premature birth to the expectant mother and fetus, as
well as signs and symptoms of pre-term labor. The information shall also
include:
  (a)  a statement that the medical assistance program provides coverage
for all income-eligible pregnant women residing in the state  regardless
of immigration status; and
  (b)  a  statement  informing  individuals  of their right to request a
hospital  discharge  review  in  accordance  with  section  twenty-eight
hundred  three-i of this article if they believe they are being asked to
leave a hospital too soon; and
  (c) a statement informing individuals that  hospitals  must  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 general 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).
  ** NB Effective December 22, 2021
  ** 5.  The  department  shall  develop  educational  materials  to  be
provided to emergency room medical staff regarding the state and federal
discharge and transfer requirements.
  ** NB Effective December 22, 2021
  * NB There are 2 § 266's