S T A T E O F N E W Y O R K
________________________________________________________________________
10842
I N A S S E M B L Y
April 6, 2026
___________
Introduced by M. of A. WIEDER, YEGER -- read once and referred to the
Committee on Health
AN ACT directing the department of health to establish an alternative
payment methodology (APM) for federally qualified health centers to
preserve and improve patient access to fertility care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Under the authority of state plan amendment #17-0058, as
amended by state plan amendment #23-0050, the department of health shall
establish an alternative payment methodology (APM) for federally quali-
fied health centers to preserve and improve patient access to fertility
care. Any payments made under the APM shall be in addition to any
payments made under the prospective payment system (PPS) or any other
alternative payment methodology for federally qualified health centers.
The APM shall provide for payments to be made by the department of
health to federally qualified health centers in an amount equal to the
difference between (a) the aggregate amount the federally qualified
health center paid to acquire eligible injectable fertility drugs for
Medicaid patients under section 340B of the federal public health
services act between January 1, 2024 and December 31, 2024 and (b) the
aggregate amount the federally qualified health center would have paid
to acquire those drugs based on average wholesale acquisition cost for
such drugs during the same period. For purposes of this section, eligi-
ble injectable fertility drugs shall be limited to gonadotropin, GNRH
antagonists, and GNRH agonists.
ยง 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09276-05-6
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