NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9833
SPONSOR: Paulin TITLE OF BILL:
An act to amend the social services law, in relation to medical assist-
ance for patients in the process of oral or injectable ovulation enhanc-
ing drugs
PURPOSE OR GENERAL IDEA OF BILL:
To require Medicaid coverage of oral and injectable forms of ovulation
enhancing drugs.
SUMMARY OF PROVISIONS:
Section 1 adds "oral or injectable" to paragraph (ee) of section 365-a
of the social services law to require Medicaid coverage of oral or
injectable ovulation enhancing drugs.
Section 2 provides the effective date.
JUSTIFICATION:
While some ovulation enhancing drugs used for fertility treatments are
currently covered by Medicaid, the more effective injectable drugs,
which provide better outcomes for patients, are currently not covered.
This imbalance of coverage has led to individuals on Medicaid not being
able to access the full spectrum of fertility treatments currently
available to patients with commercial insurance, including state employ-
ees.
This bill will require Medicaid coverage to include oral or injectable
ovulation enhancing drugs. While in New York, Medicaid includes coverage
of some oral ovulation enhancing drugs, injectables are not covered.
This lack of coverage presents an immense barrier to those who want to
start a family, but do not have access to the drugs that could help. By
requiring Medicaid coverage of oral and injectable ovulation enhancing
drugs, we allow individuals and couples struggling with fertility issues
to access the most effective treatments.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall become a law.
STATE OF NEW YORK
________________________________________________________________________
9833
IN ASSEMBLY
April 11, 2024
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to medical assist-
ance for patients in the process of oral or injectable ovulation
enhancing drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (ee) of subdivision 2 of section 365-a of the
2 social services law, as added by section 4 of part S of chapter 57 of
3 the laws of 2017, is amended to read as follows:
4 (ee) Medical assistance shall include the coverage of a set of
5 services to ensure improved outcomes of [women] patients who are in the
6 process of oral or injectable ovulation enhancing drugs, limited to the
7 provision of such treatment, office visits, hysterosalpingogram
8 services, pelvic ultrasounds, and blood testing; services shall be
9 limited to those necessary to monitor such treatment. In the event that
10 ninety percent federal financial participation for such services is not
11 available, the state share of appropriations related to these services
12 shall be used for a grant program intended to accomplish the purpose of
13 this section.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15045-01-4
