S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4356
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 the continuity of family planning services in the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2831 to read as follows:
   § 2831. FAMILY PLANNING PROGRAM. 1. FOR THE PURPOSE OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FAMILY PLANNING PROVIDERS" MEANS PROVIDERS OF SERVICES:
   (I)  FUNDED  UNDER TITLE X OF THE FEDERAL PUBLIC HEALTH SERVICE ACT AS
 OF DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN; AND
   (II) THAT LOST ELIGIBILITY FOR TITLE X FUNDING;
   (B) "FAMILY PLANNING SERVICES" MEANS SERVICES PROVIDED UNDER  TITLE  X
 OF  THE  FEDERAL  PUBLIC HEALTH SERVICE ACT AS OF DECEMBER THIRTY-FIRST,
 TWO THOUSAND SIXTEEN; AND
   (C) "PROGRAM" MEANS THE FAMILY PLANNING PROGRAM ESTABLISHED UNDER THIS
 SECTION.
   2. THERE IS HEREBY ESTABLISHED IN THE  DEPARTMENT  A  FAMILY  PLANNING
 PROGRAM  TO  ENSURE  THE  CONTINUITY  OF FAMILY PLANNING SERVICES IN THE
 STATE. THE PROGRAM SHALL PROVIDE FAMILY PLANNING SERVICES TO INDIVIDUALS
 WHO ARE ELIGIBLE FOR FAMILY PLANNING SERVICES  THROUGH  FAMILY  PLANNING
 PROVIDERS THAT MEET PROGRAM REQUIREMENTS.
   3.  THE  DEPARTMENT  MAY  ADOPT REGULATIONS TO IMPLEMENT THIS SECTION,
 INCLUDING REGULATIONS  ESTABLISHING  REQUIREMENTS  FOR  FAMILY  PLANNING
 PROVIDERS  THAT  ARE  THE  SAME  AS  THE  REQUIREMENTS  FOR PROVIDERS OF
 SERVICES UNDER TITLE X OF THE FEDERAL PUBLIC HEALTH SERVICE ACT.
   4. FUNDING USED TO SUPPORT FAMILY PLANNING SERVICES UNDER THE  PROGRAM
 SHALL  BE  IN  ADDITION  TO ANY FUNDING APPLIED BY THE DEPARTMENT BEFORE
 DECEMBER THIRTY-FIRST, TWO  THOUSAND  SIXTEEN,  TO  THE  MAINTENANCE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02272-01-3
              

 S. 4356                             2
 
 EFFORT  REQUIREMENT  FOR  FEDERAL  FUNDING  UNDER TITLE X OF THE FEDERAL
 PUBLIC HEALTH SERVICE ACT.
   §  2. The social services law is amended by adding a new section 367-x
 to read as follows:
   § 367-X. PROVISION OF FAMILY  PLANNING  SERVICES.  THE  DEPARTMENT  OF
 HEALTH SHALL, TO THE EXTENT PERMITTED, SUBJECT TO THE LIMITATIONS OF THE
 STATE  BUDGET,  ENSURE ACCESS TO AND THE CONTINUITY OF SERVICES PROVIDED
 BY FAMILY PLANNING PROVIDERS THAT RECEIVED FUNDING UNDER TITLE X OF  THE
 FEDERAL PUBLIC HEALTH SERVICE ACT AS OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND SIXTEEN BY:
   1.  REIMBURSING FOR THE SERVICES PROVIDED UNDER THE MEDICAL ASSISTANCE
 PROGRAM; AND
   2. ESTABLISHING MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR THE FAMILY
 PLANNING PROVIDERS THAT ARE THE SAME AS REQUIREMENTS FOR OTHER PROVIDERS
 OF THE SAME SERVICES.
   § 3. This act shall take effect immediately.