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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A352
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.
STATE OF NEW YORK
________________________________________________________________________
352
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
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 individuals 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.
LBD01194-01-5
