S04228 Summary:
BILL NO | S04228 |
  | |
SAME AS | No same as |
  | |
SPONSOR | SAVINO |
  | |
COSPNSR | PERALTA |
  | |
MLTSPNSR | |
  | |
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. |
S04228 Actions:
BILL NO | S04228 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/17/2009 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | REFERRED TO HEALTH |
S04228 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topS04228 Text:
Go to top 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. LBD10927-01-9S. 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.