Relates to the continuity of family planning services in the state; establishes a family planning program in the department of health to ensure the continuity of family planning services in the state; covers family planning providers who lost eligibility for federal funding under Title X of the Federal Public Health Service Act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A815
SPONSOR: Rozic TITLE OF BILL:
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
PURPOSE:
To protect family planning services in the state through a Family Plan-
ning Program in the Department of Health to ensure the continuity of
services.
SUMMARY OF PROVISIONS:
Section I amends the public health law by adding new section 2827 which
would establish a family planning program in the department of health to
ensure the continuity of family planning services in the state. Section
I defines "program" and "family planning providers."
Section II amends the social services law by adding new section 367-w
which provides that the department of health would ensure access and
continuity of services by reimbursing for the services under the medical
assistance program.
Section III sets forth the effective date.
JUSTIFICATION:
This bill would establish a Family Planning Program in the Department of
Health (DOH) to ensure the continuity of family planning services in New
York State. Modeled after legislation recently enacted in Maryland, the
bill would protect family planning services that have been threatened
with funding cuts on the federal level.
Through the establishment of a Family Planning Program, DOH would be
required to ensure access to and the continuity of services provided by
family planning providers that received funding under Title X of the
Federal Public Health Services Act as of December 31, 2016. Funding
used to support family planning services under the program would be in
addition to any funding applied by DOH before December 31, 2016, to the
maintenance of effort requirements for federal funding under Title X.
DOH would ensure such access by reimbursing for the Medicaid services
provided and establishing Medicaid requirements for family planning
providers that are similar to requirements for other providers of the
same services.
Passing this bill would not only take the necessary steps to protect
family planning services in the state, but would also elevate New York's
longstanding history of safeguarding and advancing women's reproductive
rights.
LEGISLATIVE HISTORY:
2022: A427 (Rozic) - Health
2021: A427 (Rozic) - Health
2020: A5686 (Rozic) - Health
2019: A5686 (Rozic) - Health
2018: A8294 (Rozic) - Health
FISCAL IMPACT ON THE STATE:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
815
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. ROZIC -- read once and referred 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:
1 Section 1. The public health law is amended by adding a new section
2 2831 to read as follows:
3 § 2831. Family planning program. 1. For the purpose of this section,
4 the following terms shall have the following meanings:
5 (a) "family planning providers" means providers of services:
6 (i) funded under Title X of the Federal Public Health Service Act as
7 of December thirty-first, two thousand sixteen; and
8 (ii) that lost eligibility for Title X funding;
9 (b) "family planning services" means services provided under Title X
10 of the Federal Public Health Service Act as of December thirty-first,
11 two thousand sixteen; and
12 (c) "program" means the family planning program established under this
13 section.
14 2. There is hereby established in the department a family planning
15 program to ensure the continuity of family planning services in the
16 state. The program shall provide family planning services to individuals
17 who are eligible for family planning services through family planning
18 providers that meet program requirements.
19 3. The department may adopt regulations to implement this section,
20 including regulations establishing requirements for family planning
21 providers that are the same as the requirements for providers of
22 services under Title X of the Federal Public Health Service Act.
23 4. Funding used to support family planning services under the program
24 shall be in addition to any funding applied by the department before
25 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
A. 815 2
1 effort requirement for federal funding under Title X of the Federal
2 Public Health Service Act.
3 § 2. The social services law is amended by adding a new section 367-x
4 to read as follows:
5 § 367-x. Provision of family planning services. The department of
6 health shall, to the extent permitted, subject to the limitations of the
7 state budget, ensure access to and the continuity of services provided
8 by family planning providers that received funding under Title X of the
9 Federal Public Health Service Act as of December thirty-first, two thou-
10 sand sixteen by:
11 1. reimbursing for the services provided under the medical assistance
12 program; and
13 2. establishing medical assistance program requirements for the family
14 planning providers that are the same as requirements for other providers
15 of the same services.
16 § 3. This act shall take effect immediately.
