Amd S2510, Pub Health L; amd SS364-j & 369-ee, Soc Serv L
Provides coverage for reproductive health services to enrollees of medicaid, family health plus and child health plus; defines reproductive health care services and requires all managed care providers to provide, or arrange for directly, all reproductive health care services.
STATE OF NEW YORK
________________________________________________________________________
4228
2009-2010 Regular Sessions
IN SENATE
April 17, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to providing coverage for reproductive health services to
enrollees of medicaid, family health plus and child health plus
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 2510 of the public health law, as
2 amended by chapter 645 of the laws of 2005, is amended to read as
3 follows:
4 7. "Covered health care services" means: the services of physicians,
5 optometrists, nurses, nurse practitioners, midwives and other related
6 professional personnel which are provided on an outpatient basis,
7 including routine well-child visits; diagnosis and treatment of illness
8 and injury; inpatient health care services; laboratory tests; diagnostic
9 x-rays; prescription and non-prescription drugs and durable medical
10 equipment; radiation therapy; chemotherapy; hemodialysis; emergency room
11 services; hospice services; reproductive health care services as defined
12 in paragraph (z) of subdivision one of section three hundred
13 sixty-four-j of the social services law; emergency, preventive and
14 routine dental care, except orthodontia and cosmetic surgery; emergency,
15 preventive and routine vision care, including eyeglasses; speech and
16 hearing services; and, inpatient and outpatient mental health, alcohol
17 and substance abuse services as defined by the commissioner in consulta-
18 tion with the superintendent. "Covered health care services" shall not
19 include drugs, procedures and supplies for the treatment of erectile
20 dysfunction when provided to, or prescribed for use by, a person who is
21 required to register as a sex offender pursuant to article six-C of the
22 correction law, provided that any denial of coverage of such drugs,
23 procedures or supplies shall provide the patient with the means of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10927-01-9
S. 4228 2
1 obtaining additional information concerning both the denial and the
2 means of challenging such denial.
3 § 2. Paragraph a of subdivision 7 of section 2510 of the public
4 health law, as amended by chapter 526 of the laws of 2002, is amended to
5 read as follows:
6 a. "Primary and preventive health care services" means: the services
7 of physicians, optometrists, nurses, nurse practitioners, midwives and
8 other related professional personnel which are provided on an outpatient
9 basis, including routine well-child visits; diagnosis and treatment of
10 illness and injury; laboratory tests; diagnostic x-rays; prescription
11 drugs; radiation therapy; chemotherapy; hemodialysis; emergency room
12 services; hospice services; reproductive health care services as defined
13 in paragraph (z) of subdivision one of section three hundred
14 sixty-four-j of the social services law; and, outpatient alcohol and
15 substance abuse services as defined by the commissioner in consultation
16 with the superintendent.
17 § 3. Subdivision 1 of section 364-j of the social services law is
18 amended by adding a new paragraph (z) to read as follows:
19 (z) "Reproductive health care services". Health care procedures,
20 treatments, drugs, supplies or services that are part of or related to
21 reproductive health care, including, but not limited to: family planning
22 care and services; birth control counseling; contraceptive drugs and
23 devices; sexually transmitted disease education, testing and treatment;
24 HIV pre- and post-test counseling and testing; abortion; abortion coun-
25 seling and referral; screening, diagnosis and referral for pregnancy;
26 screening, related diagnosis, ambulatory treatment and referral as need-
27 ed for dysmenorrhea, cervical cancer, glycosuria, proteinuria, hyperten-
28 sion, breast disease or any pelvic abnormality or pathology; emergency
29 contraception; and sterilization.
30 § 4. Subdivision 4 of section 364-j of the social services law is
31 amended by adding a new paragraph (u) to read as follows:
32 (u) A managed care provider shall provide or arrange for directly all
33 reproductive health care services as defined in this section.
34 § 5. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
35 section 369-ee of the social services law, subparagraph (xv) as amended
36 and subparagraph (xvi) as added by chapter 526 of the laws of 2002, are
37 amended and a new subparagraph (xvii) is added to read as follows:
38 (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
39 [and]
40 (xvi) hospice services[.]; and
41 (xvii) reproductive health care services, as defined in paragraph (z)
42 of subdivision one of section three hundred sixty-four-j of this arti-
43 cle.
44 § 6. Paragraph (d) of subdivision 3 of section 369-ee of the social
45 services law is amended by adding a new subparagraph (vii) to read as
46 follows:
47 (vii) a family health insurance plan shall provide or arrange for
48 directly all reproductive health care services as defined in paragraph
49 (z) of subdivision one of section three hundred sixty-four-j of this
50 article.
51 § 7. Severability. If any clause, sentence, paragraph, section or
52 part of this act shall be adjudged by any court of competent jurisdic-
53 tion to be invalid and after exhaustion of all further judicial review,
54 the judgment shall not affect, impair or invalidate the remainder there-
55 of, but shall be confined in its operation to the clause, sentence,
S. 4228 3
1 paragraph, section or part of this act directly involved in the contro-
2 versy in which the judgment shall have been rendered.
3 § 8. This act shall take effect on the ninetieth day after it shall
4 have become a law; provided, however, that the amendments to subdivision
5 7 of section 2510 of the public health law made by section one of this
6 act shall be subject to the expiration and reversion of such subdivision
7 pursuant to section 47 of chapter 2 of the laws of 1998, as amended,
8 when upon such date the provisions of section two of this act shall take
9 effect; and provided, further, that the amendments to section 364-j of
10 the social services law made by sections three and four of this act
11 shall not affect the repeal of such section and shall be deemed repealed
12 therewith.
