S T A T E O F N E W Y O R K
________________________________________________________________________
6508
2023-2024 Regular Sessions
I N S E N A T E
April 25, 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, in relation to withholding fund-
ing from certain entities who decline to make available, dispense,
distribute, or sell a product approved by the federal government which
would block, prevent, or otherwise negate a pregnancy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2599-bb of the public health law is amended by
adding a new subdivision 3 to read as follows:
3. THE COMMISSIONER IS AUTHORIZED TO WITHHOLD ANY AND ALL FUNDS DUE TO
ANY RETAIL ENTITY REIMBURSED FROM A MEDICAL ASSISTANCE PROGRAM FOR
INCOME ELIGIBLE WOMEN THAT DECLINES TO MAKE AVAILABLE, DISPENSE,
DISTRIBUTE, OR SELL A PRODUCT APPROVED BY THE FEDERAL GOVERNMENT WHICH
WOULD BLOCK, PREVENT, OR OTHERWISE NEGATE A PREGNANCY IN ANY JURISDIC-
TION WITHIN AND SUBJECT TO SUCH FEDERAL GOVERNMENT. THE COMMISSIONER MAY
ELECT TO DETERMINE TO WITHHOLD SUCH FUNDS DUE TO THE ACTS OF A RETAIL
ENTITY DOING BUSINESS IN ANOTHER STATE OR JURISDICTION WHICH HAS A
COMMON OWNERSHIP OR BRAND WITH A RETAIL ENTITY DOING BUSINESS IN THIS
STATE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10410-01-3