S T A T E O F N E W Y O R K
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10943
I N A S S E M B L Y
April 14, 2026
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Introduced by M. of A. REYES -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring insurers to
deposit certain funds into the reproductive health care access fund;
to amend the state finance law, in relation to establishing the repro-
ductive health care access fund; and to amend the public health law,
in relation to the use of funds under the reproductive freedom and
equity grant program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3246
to read as follows:
§ 3246. SEGREGATED REPRODUCTIVE HEALTH CARE FUNDS. (A) AS USED IN THIS
SECTION, "COVERED ENTITY" MEANS:
(1) INSURERS AND NONPROFIT HEALTH SERVICE PLANS THAT PROVIDE HOSPITAL,
MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GROUPS ON AN EXPENSE-IN-
CURRED BASIS UNDER HEALTH INSURANCE POLICIES OR CONTRACTS THAT ARE
ISSUED OR DELIVERED IN THE STATE; AND
(2) HEALTH MAINTENANCE ORGANIZATIONS THAT PROVIDE HOSPITAL, MEDICAL,
OR SURGICAL BENEFITS TO INDIVIDUALS OR GROUPS UNDER CONTRACTS THAT ARE
ISSUED OR DELIVERED IN THE STATE.
(B) ANY PREMIUM FUNDS COLLECTED BY A COVERED ENTITY FOR COVERAGE
DESCRIBED IN SECTION 1303(B)(1)(B)(I) OF THE FEDERAL PATIENT PROTECTION
AND AFFORDABLE CARE ACT IN ACCORDANCE WITH SECTION 1303(B)(2)(B) AND (C)
OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT SHALL BE USED:
(1) TO PROVIDE COVERAGE FOR REPRODUCTIVE HEALTH CARE CLINICAL SERVICES
FOR INSUREDS OR ENROLLEES IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
HUNDRED SIXTEEN OR THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE
OR WITH SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER; AND
(2) IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION.
(C) IF AFTER THE TWELVE-MONTH PERIOD FOLLOWING THE END OF A PLAN YEAR
THE AMOUNT OF THE ENDING BALANCE OF A SEGREGATED ACCOUNT ESTABLISHED FOR
COVERAGE OF REPRODUCTIVE HEALTH CARE CLINICAL SERVICES EXCEEDS DISBURSE-
MENTS, NINETY PERCENT OF THE ENDING BALANCE SHALL BE USED TO SUPPORT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13523-10-6
A. 10943 2
COVERAGE OF REPRODUCTIVE HEALTH CARE CLINICAL SERVICES FOR WHICH THE USE
OF FEDERAL FUNDS IS PROHIBITED.
(D)(1) ON OR BEFORE MARCH FIRST OF EACH YEAR, EACH COVERED ENTITY
SUBJECT TO THIS SECTION SHALL SUBMIT TO THE SUPERINTENDENT AN ACCOUNTING
OF RECEIPTS, DISBURSEMENTS, ACCRUED INTEREST, AND THE YEAR-END BALANCE
FOR SEGREGATED ACCOUNTS ESTABLISHED BY THE COVERED ENTITY UNDER SECTION
1303(B)(2)(B) AND (C) OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE
CARE ACT:
(A) ON A FORM APPROVED BY THE SUPERINTENDENT; AND
(B) WITH ANY RELATED DOCUMENTATION REQUIRED BY THE SUPERINTENDENT.
(2) BY JUNE FIRST OF EACH YEAR, THE DEPARTMENT SHALL CONFIRM THAT EACH
COVERED ENTITY HAS APPROPRIATELY SUBMITTED PURSUANT TO PARAGRAPH ONE OF
THIS SUBSECTION.
(E) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE SUPERINTENDENT
SHALL ORDER THE TRANSFER OF FUNDS FROM EACH COVERED ENTITY'S SEGREGATED
ACCOUNT ESTABLISHED BY THE COVERED ENTITY FOR COVERAGE OF REPRODUCTIVE
HEALTH CARE CLINICAL SERVICES TO THE REPRODUCTIVE HEALTH CARE ACCESS
FUND ESTABLISHED BY SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW IN
THE FOLLOWING AMOUNTS:
(A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, NINETY PERCENT
OF THE AMOUNT OF THE ENDING BALANCE OF THE SEGREGATED ACCOUNT THAT
EXCEEDS DISBURSEMENTS FOR EACH OF PLAN YEARS TWO THOUSAND FOURTEEN
THROUGH TWO THOUSAND TWENTY-FOUR; AND
(B) ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND
TWENTY-EIGHT, NINETY PERCENT OF THE AMOUNT OF THE ENDING BALANCE OF A
SEGREGATED ACCOUNT FOR THAT PLAN YEAR, BEGINNING WITH PLAN YEAR TWO
THOUSAND TWENTY-FIVE.
(2) (A) THE AMOUNT ORDERED TO BE TRANSFERRED UNDER SUBPARAGRAPH (A) OF
PARAGRAPH ONE OF THIS SUBSECTION SHALL INCLUDE THE AMOUNT OF INTEREST
ACCRUED TO THE SEGREGATED ACCOUNT AS OF DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-SIX.
(B) THE AMOUNT ORDERED TO BE TRANSFERRED UNDER SUBPARAGRAPH (B) OF
PARAGRAPH ONE OF THIS SUBSECTION SHALL INCLUDE THE AMOUNT OF INTEREST
ACCRUED TO THE SEGREGATED ACCOUNT AS OF DECEMBER THIRTY-FIRST OF THE
IMMEDIATELY PRECEDING CALENDAR YEAR.
(F) A TRANSFER ORDERED BY THE SUPERINTENDENT PURSUANT TO SUBSECTION
(E) OF THIS SECTION SHALL BE MADE WITHIN THIRTY DAYS OF THE DATE OF THE
ORDER.
(G) A PARTY AGGRIEVED BY AN ORDER OF THE SUPERINTENDENT UNDER THIS
SECTION HAS THE RIGHT TO A HEARING AND THE RIGHT TO APPEAL FROM THE
ORDER OF THE SUPERINTENDENT.
(H)(1) THE SUPERINTENDENT SHALL COLLECT DATA FROM STATE-REGULATED
PLANS ON RECEIPTS, DISBURSEMENTS, AND ENDING BALANCES FOR SEGREGATED
ACCOUNTS ESTABLISHED UNDER § 1303(B)(2)(B) AND (C) OF THE FEDERAL
PATIENT PROTECTION AND AFFORDABLE CARE ACT AND 45 C.F.R. § 156.280.
(2) THE SUPERINTENDENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND TO
THE CHAIRPERSONS OF THE ASSEMBLY COMMITTEE ON WAYS AND MEANS AND THE
SENATE COMMITTEE ON FINANCE AS FOLLOWS:
(A) ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, AGGREGATE
DATA COLLECTED FOR THE PERIOD FROM JANUARY FIRST, TWO THOUSAND FOURTEEN,
TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, BOTH INCLUSIVE;
(B) ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-EIGHT, AGGREGATE
DATA COLLECTED FOR THE PERIOD FROM JANUARY FIRST, TWO THOUSAND TWENTY-
FIVE, TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, BOTH INCLU-
SIVE;
A. 10943 3
(C) ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-NINE, AGGREGATE DATA
COLLECTED FOR THE PERIOD FROM JANUARY FIRST, TWO THOUSAND TWENTY-SIX, TO
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, BOTH INCLUSIVE; AND
(D) ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTY, AGGREGATE DATA
COLLECTED FOR THE PERIOD FROM JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, BOTH INCLUSIVE.
§ 2. The state finance law is amended by adding a new section 99-uu to
read as follows:
§ 99-UU. REPRODUCTIVE HEALTH CARE ACCESS FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"REPRODUCTIVE HEALTH CARE ACCESS FUND" (THE "FUND").
2. THE FUND SHALL CONSIST OF MONIES RECEIVED FROM THE DEPOSIT OF
SEGREGATED FUNDS PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED FORTY-
SIX OF THE INSURANCE LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED,
OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW,
TOGETHER WITH INTEREST EARNINGS OF THE FUND. THE STATE TREASURER SHALL
INVEST THE MONEY OF THE FUND IN THE SAME MANNER AS OTHER STATE MONEY MAY
BE INVESTED.
3. THE MONEYS IN THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE JOINT CUSTODY OF THE COMMISSION-
ER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
4. MONIES IN THE FUND FROM THE DEPOSIT OF SEGREGATED REPRODUCTIVE
HEALTH CARE ACCESS FUNDS PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED
FORTY-SIX OF THE INSURANCE LAW SHALL BE USED TO SUPPORT REPRODUCTIVE
HEALTH CARE CLINICAL SERVICES FUNDED THROUGH THE GRANT PROGRAM ESTAB-
LISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB-1 OF THE
PUBLIC HEALTH LAW. MONEYS PROVIDED PURSUANT TO THIS SECTION SHALL BE
USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT FUNDING.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE
AND CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE:
(A) THE AMOUNT OF MONEY DEPOSITED IN THE REPRODUCTIVE HEALTH CARE
ACCESS FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE
DERIVED PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED FORTY-SIX OF THE
INSURANCE LAW;
(B) THE AMOUNT OF MONEY DISBURSED TO THE GRANT PROGRAM ESTABLISHED
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB-1 OF THE PUBLIC
HEALTH LAW DURING THE PRECEDING CALENDAR YEAR; AND
(C) THE AMOUNT OF MONEY REMAINING IN THE FUND ON DECEMBER THIRTY-FIRST
OF THE PRECEDING CALENDAR YEAR.
6. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER THE AUDIT AND WARRANT OF THE COMPTROLLER ON
VOUCHERS APPROVED BY THE COMMISSIONER OF HEALTH.
§ 3. Subdivision 3 of section 2599-bb-1 of the public health law is
amended by adding a new paragraph (c) to read as follows:
(C) PRIORITIZE FUNDING FOR ELIGIBLE REPRODUCTIVE HEALTH CARE PROVIDERS
AND ELIGIBLE APPLICANTS THAT HAVE NOT RECEIVED FINANCIAL ASSISTANCE
UNDER THIS PROGRAM IN PRIOR YEARS.
§ 4. Beginning in fiscal year 2029, the governor shall submit to the
legislature an executive budget that includes an appropriation of at
least fifty percent of the total funds available in the reproductive
health care access fund, as created by section 99-uu of the state
finance law.
A. 10943 4
§ 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 6. This act shall take effect January 1, 2027.