Section 2530-A. Payment for prenatal care special services

1.  The
  commissioner is authorized to establish a program  to  provide  services
  under  title  eleven  or  title  eleven-D  of article five of the social
  services law, for early and continuous prenatal care for pregnant  women
  who  are  eligible  to  receive  services under those titles, to prevent
  complications during pregnancy and childbirth  and  to  reduce  neonatal
  intensive   care   admissions  (referred  to  in  this  section  as  the
  "program"). The program shall include the collection, and transmittal to
  the department, of health status data pertinent  to  the  management  of
  pregnancy  risk  on  a  health  status  data  form  established  by  the
  department.
    2. The collection of data under the program  shall  be  based  on  the
  pregnant  woman's  informed  written consent, which shall be in a format
  developed by the commissioner and maintained in the  provider's  medical
  record. Participation in the program shall be voluntary for the pregnant
  woman.  A  woman's  failure  to  give consent for the collection of data
  under this section or to participate in the program shall not result  in
  the diminution of any services otherwise available under title eleven or
  eleven-D of article five of the social services law.
    3.  If consent and voluntary participation pursuant to subdivision two
  of this section is obtained, providers  of  prenatal  care  under  title
  eleven  or  title  eleven-D  of article five of the social services law,
  shall endeavor to collect at the earliest possible prenatal  visit,  and
  report  to  the  department  in  a  form  and  manner  determined by the
  commissioner, health status data concerning each pregnant woman eligible
  for services under title eleven or title eleven-D of article five of the
  social services law, and treated by such provider.
    4. Upon receipt of a health status data  form,  the  department  shall
  take one of the following actions:
    (a)  If  the  pregnant woman, at the time of the receipt of the health
  status data form by the department, is enrolled in a managed care health
  plan, the department shall send the form to  the  plan  for  triage  and
  appropriate care management interventions, which shall include available
  plan  services  and  referrals  for  other  services  available  in  the
  community.
    (b) If the pregnant woman, at the time of the receipt  of  the  health
  status  data  form  by the department, is not enrolled in a managed care
  health plan, the department shall send the form to an  entity  described
  in  subdivision  five  of  this  section for triage and appropriate care
  management services, which shall include, but not be limited to,  needed
  home  visits  and  referrals  to  community based services for high risk
  pregnant women. If the pregnant woman subsequently becomes enrolled in a
  managed care health plan, the  designated  entity  and  the  plan  shall
  assure continuity of care.
    5.  Patient  health  status data collected under this section shall be
  maintained as confidential by the department and by any person or entity
  to whom the department  discloses  the  data.  Such  data  may  only  be
  disclosed by the department under this section.
    6.  For  purposes  of  the  activities  described  in paragraph (b) of
  subdivision four of this section, the department is authorized to  enter
  into  agreements with and, within amounts appropriated therefor, provide
  funding to, local health departments or not-for-profit organizations  to
  promote  positive  pregnancy  outcomes, optimal child health, growth and
  development, and safe home environments.
    7. The department is authorized to operate the program  authorized  by
  this section in a subset of counties in the state.
    8.   Within   amounts   appropriated  therefor,  the  commissioner  is
  authorized  to  develop  fees  to  reimburse  enrolled   fee-for-service

  providers for the collection and transmittal of clinical data authorized
  by this section.