Senate Bill S4228

2009-2010 Legislative Session

Provides coverage for reproductive health services to enrollees of medicaid, family health plus and child health plus

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Apr 17, 2009	referred to health

co-Sponsors

2009-S4228 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2510, Pub Health L; amd §§364-j & 369-ee, Soc Serv L

2009-S4228 (ACTIVE) - Summary

Provides coverage for reproductive health services to enrollees of medicaid, family health plus and child health plus; defines reproductive health care services and requires all managed care providers to provide, or arrange for directly, all reproductive health care services.

2009-S4228 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4228

 TITLE OF BILL :
An act to amend the public health law and the social services law, in
relation to providing coverage for reproductive health services to
enrollees of medicaid, family health plus and child health plus


 PURPOSE :
This bill would provide coverage for reproductive health services to
enrollees of Medicaid, Family Health Plus, and Child Health Plus.

Section 1 amends subdivision 7 of section 2510 of the Public Health
Law, as amended by Chapter 645 of the Laws of 2005, to add
reproductive health care services to the definition of "covered health
care services" under Child Health Plus.

Section 2 amends paragraph (a) of subdivision 7 of section 2510 of the
Public Health Law to add reproductive health care services to the
definition of "primary and preventive health care services" under
Child Health Plus.

Section 3 of the bill adds a new paragraph (z) to subdivision 1 of
section 364-j of the Social Services Law to define "reproductive
health care services."

Section 4 adds a new paragraph to subdivision 4 of section 364-j of
the Social Services Law to require Medicaid managed care providers to
provide or arrange for all reproductive health care services.

Section 5 amends subparagraphs (xv) and (xvi) of paragraph (e) of
subdivision 1 of section 369-ee of the Social Services Law, and adds a
new subparagraph (xvii) to add reproductive health services to the
definition of "health care services" that are covered by Family Health
Plus.

Section 6 adds a new Subparagraph (vii) to paragraph (d) of
subdivision 3 of section 369-ee of the Social Services Law to retire
family health insurance plans under Family Health Plus to provide or
arrange for all reproductive health care services.

Section 7 is a severability clause.

Section 8 states the effective date.

 JUSTIFICATION :
Family planning services are an essential part of women's health care.
American women, regardless of income, experience high rates of
unintended pregnancy and sexually transmitted disease. Adequate family
planning care can significantly help to address these problems.

Under New York's rules, Medicaid, Family Health Plus and Child Health
plus managed care plans can choose to either provide or exclude
coverage for family planning care. Plans are given two options: 1)
Receive payments for family planning services and accept
responsibility and pay for these services when care is delivered by an
in-network provider, or 2) opt out of providing family planning care
and not receive money for family planning services in their capitation
rate.

When a managed care plan opts out of providing family planning care,
the state's goal of providing patients with better coordinated,
continuous care by offering a "medical home" is compromised. Women who
normally would see their in-network ob/gyns or primary care physicians
to avert unintended pregnancy, ensure healthy pregnancies, and prevent
a rage of health problems including cervical cancer and sexually
transmitted disease, must now obtain these services from other
providers. Unfortunately, obtaining these services elsewhere, or even
realizing that they must be obtained elsewhere, may not be easy for
the patient.

This measure will protect low-income women's access to the full range
of health services available to all New Yorkers by requiring all
health plans operating in New York State to provide family planning
care.

 LEGISLATIVE HISTORY :
2007-08 S.3963 Referred to the Committee on Health

 FISCAL IMPLICATIONS :
None noted.

 EFFECTIVE DATE :
On the ninetieth day after it becomes law.

2009-S4228 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4228

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 17, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the social  services  law,  in
  relation  to  providing  coverage  for reproductive health services to
  enrollees of medicaid, family health plus and child health plus

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 7 of section 2510 of the public health law, as
amended by chapter 645 of the laws  of  2005,  is  amended  to  read  as
follows:
  7.  "Covered  health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives  and  other  related
professional  personnel  which  are  provided  on  an  outpatient basis,
including routine well-child visits; diagnosis and treatment of  illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays;  prescription  and  non-prescription  drugs  and durable medical
equipment; radiation therapy; chemotherapy; hemodialysis; emergency room
services; hospice services; REPRODUCTIVE HEALTH CARE SERVICES AS DEFINED
IN  PARAGRAPH  (Z)  OF  SUBDIVISION  ONE  OF   SECTION   THREE   HUNDRED
SIXTY-FOUR-J  OF  THE  SOCIAL  SERVICES  LAW;  emergency, preventive and
routine dental care, except orthodontia and cosmetic surgery; emergency,
preventive and routine vision care,  including  eyeglasses;  speech  and
hearing  services;  and, inpatient and outpatient mental health, alcohol
and substance abuse services as defined by the commissioner in consulta-
tion with the superintendent. "Covered health care services"  shall  not
include  drugs,  procedures  and  supplies for the treatment of erectile
dysfunction when provided to, or prescribed for use by, a person who  is
required  to register as a sex offender pursuant to article six-C of the
correction law, provided that any denial  of  coverage  of  such  drugs,
procedures  or  supplies  shall  provide  the  patient with the means of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10927-01-9

S. 4228                             2

obtaining additional information concerning  both  the  denial  and  the
means of challenging such denial.
  S  2.    Paragraph  a  of  subdivision 7 of section 2510 of the public
health law, as amended by chapter 526 of the laws of 2002, is amended to
read as follows:
  a. "Primary and preventive health care services" means:  the  services
of  physicians,  optometrists, nurses, nurse practitioners, midwives and
other related professional personnel which are provided on an outpatient
basis, including routine well-child visits; diagnosis and  treatment  of
illness  and  injury;  laboratory tests; diagnostic x-rays; prescription
drugs; radiation therapy;  chemotherapy;  hemodialysis;  emergency  room
services; hospice services; REPRODUCTIVE HEALTH CARE SERVICES AS DEFINED
IN   PARAGRAPH   (Z)   OF  SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED
SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW;  and,  outpatient  alcohol  and
substance  abuse services as defined by the commissioner in consultation
with the superintendent.
  S 3. Subdivision 1 of section 364-j of  the  social  services  law  is
amended by adding a new paragraph (z) to read as follows:
  (Z)  "REPRODUCTIVE  HEALTH  CARE  SERVICES".  HEALTH  CARE PROCEDURES,
TREATMENTS, DRUGS, SUPPLIES OR SERVICES THAT ARE PART OF OR  RELATED  TO
REPRODUCTIVE HEALTH CARE, INCLUDING, BUT NOT LIMITED TO: FAMILY PLANNING
CARE  AND  SERVICES;  BIRTH  CONTROL COUNSELING; CONTRACEPTIVE DRUGS AND
DEVICES; SEXUALLY TRANSMITTED DISEASE EDUCATION, TESTING AND  TREATMENT;
HIV  PRE- AND POST-TEST COUNSELING AND TESTING; ABORTION; ABORTION COUN-
SELING AND REFERRAL; SCREENING, DIAGNOSIS AND  REFERRAL  FOR  PREGNANCY;
SCREENING, RELATED DIAGNOSIS, AMBULATORY TREATMENT AND REFERRAL AS NEED-
ED FOR DYSMENORRHEA, CERVICAL CANCER, GLYCOSURIA, PROTEINURIA, HYPERTEN-
SION,  BREAST  DISEASE OR ANY PELVIC ABNORMALITY OR PATHOLOGY; EMERGENCY
CONTRACEPTION; AND STERILIZATION.
  S 4. Subdivision 4 of section 364-j of  the  social  services  law  is
amended by adding a new paragraph (u) to read as follows:
  (U)  A MANAGED CARE PROVIDER SHALL PROVIDE OR ARRANGE FOR DIRECTLY ALL
REPRODUCTIVE HEALTH CARE SERVICES AS DEFINED IN THIS SECTION.
  S 5. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
section 369-ee of the social services law, subparagraph (xv) as  amended
and  subparagraph (xvi) as added by chapter 526 of the laws of 2002, are
amended and a new subparagraph (xvii) is added to read as follows:
  (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
[and]
  (xvi) hospice services[.]; AND
  (XVII) REPRODUCTIVE HEALTH CARE SERVICES, AS DEFINED IN PARAGRAPH  (Z)
OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTI-
CLE.
  S 6. Paragraph (d) of subdivision 3 of section 369-ee  of  the  social
services  law  is  amended by adding a new subparagraph (vii) to read as
follows:
  (VII) A FAMILY HEALTH INSURANCE PLAN  SHALL  PROVIDE  OR  ARRANGE  FOR
DIRECTLY  ALL  REPRODUCTIVE HEALTH CARE SERVICES AS DEFINED IN PARAGRAPH
(Z) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  SIXTY-FOUR-J  OF  THIS
ARTICLE.
  S  7.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,

S. 4228                             3

paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
7 of section 2510 of the public health law made by section one  of  this
act shall be subject to the expiration and reversion of such subdivision
pursuant  to  section  47  of chapter 2 of the laws of 1998, as amended,
when upon such date the provisions of section two of this act shall take
effect; and provided, further, that the amendments to section  364-j  of
the  social  services  law  made  by sections three and four of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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Senate Bill S4228

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2009-S4228 (ACTIVE) - Details

2009-S4228 (ACTIVE) - Summary

2009-S4228 (ACTIVE) - Sponsor Memo

2009-S4228 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

Jose Peralta

2009-S4228 (ACTIVE) - Details

2009-S4228 (ACTIVE) - Summary

2009-S4228 (ACTIVE) - Sponsor Memo

2009-S4228 (ACTIVE) - Bill Text download pdf

Comments