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A06823 Summary:

BILL NOA06823
 
SAME ASSAME AS S06508
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd 2599-bb, Pub Health L
 
Authorizes the commissioner of health to withhold reimbursements from medical assistance programs to retail 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 in any jurisdiction within and subject to such federal government.
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A06823 Actions:

BILL NOA06823
 
05/08/2023referred to health
01/03/2024referred to health
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A06823 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6823
 
SPONSOR: Cruz
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The bill would empower the Commissioner of Health to withhold Medicaid funding from any entity within New York State that declines to dispense or sell pregnancy prevention or termination medication authorized by the Food & Drug Administration (FDA) in any jurisdiction subject to the FDA.   SUMMARY OF PROVISIONS: Amends existing section 2599-bb of the Public Health law by adding a new subdivision 3.   JUSTIFICATION: The New York State Constitution and Public Health Law clearly protects and ensures that the full range of reproductive or contraception services and products are available within the state to women and men seeking to manage, control, prevent, or terminate pregnancy. Unfortu- nately, those policies are not replicated in many of the other states in our country. Efforts to legally prohibit the distribution of medications and products colloquially are being litigated despite the fact it has been approved by the Food & Drug Administration and has a long history of being safe and effective. This bill would provide an incentive to multi-state pharmacy corporations doing business in New York to continue to make medications essential to women's reproductive health available where they are doing business.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPACT: Possible savings in Medicaid program.   EFFECTIVE DATE: Immediately.
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A06823 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6823
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred 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:
 
     1    Section  1.  Section  2599-bb  of  the public health law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. The commissioner is authorized to withhold any and all funds due to
     4  any retail entity reimbursed  from  a  medical  assistance  program  for
     5  income  eligible  women  that  declines  to  make  available,  dispense,
     6  distribute, or sell a product approved by the federal  government  which
     7  would  block,  prevent, or otherwise negate a pregnancy in any jurisdic-
     8  tion within and subject to such federal government. The commissioner may
     9  elect to determine to withhold such funds due to the acts  of  a  retail
    10  entity  doing  business  in  another  state  or jurisdiction which has a
    11  common ownership or brand with a retail entity doing  business  in  this
    12  state.
    13    § 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
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