New York State is committed to improving the health and well being of women in living in New York advancing a comprehensive women's health agenda. Below is an overview of laws spanning over 20 years of policy initiatives reflecting especially the Legislature’s lead in redressing health care issues specific to women, including but not limited to, breast cancer, ovarian cancer, osteoperosis, pregnancy, infertility, abortion and HIV/AIDS.

Establishes a preferred drug program, which promotes access to the most effective prescription drugs while reducing the costs for prescription drugs. Individuals enrolled in publicly-sponsored health plans, including Medicaid and the Elderly Pharmaceutical Insurance Coverage Program (EPIC) program are eligible to participate in the program. A pharmacy and therapeutics committee was also established within the Department of Health to evaluate and provide recommendations to the Commissioner on issue relating to the pharmacy services under Medicaid and Epic.

Creates the Health Care and Wellness Education and Outreach Program within the New York State Department of Health. Establishes topics to be covered by the program, including lymphedema and various other health conditions, diseases, health care procedures and treatment options.

Expands the existing Breast Cancer Detection and Education Program Advisory Board, within the New York State Department of Health, to also include cervical cancer and expands the number of board members from 13 to 18.

Limits the amount of mercury contained in a vaccine administered to certain children and pregnant women to trace amounts. Allows the use of vaccines containing higher amounts of mercury when alternatives are not available, and with the informed consent of either the child’s parents or the pregnant woman in question.

Prohibits convicted sex offenders from being covered under the Medicaid, Family Health Plus, Elderly Pharmaceutical Insurance Coverage (EPIC), and Healthy New York programs for drugs, procedures, or supplies for the treatment of erectile dysfunction.

Establishes rights of spouses, domestic partners, family members and certain others in the disposition of the remains of a deceased person. Also creates a process that allows an individual to designate an agent to carry out his/her burial wishes.

Criminal History Review for Nursing Home/Home Care Employees
(Chapter 769 of 2005)

Requires the New York State Department of Health (NYSDOH) to review the criminal history of prospective employees of nursing homes and home care services agencies. Outlines general procedures for performing such criminal history checks, and requires NYSDOH to promulgate rules and regulations regarding such procedures.

Creates mechanisms to establish State-recognized comprehensive care centers for eating disorders. Defines "eating disorder" and dictates that medical, major-medical or similar comprehensive types of health insurance include coverage for the treatment of such a disorder by those State-recognized care centers.

Provides for the creation of a video and training materials regarding the dangers of shaking infants and young children. Requires hospitals and birth centers to request the viewing of such video by maternity patients and fathers and further requires documentation of how such individuals responded to such requests.

Requires the Commissioner of Health to consolidate the 4 authorized Medicaid home and community-based services model waiver programs to allow developmentally disabled children to be treated at home, commonly known as "Katie Beckett" waivers, into a single home and community-based waiver program. Makes technical revisions to the law, which also sets forth eligibility requirements for participation, to reflect the consolidation of the waiver programs.

Regarding rights of visitation at hospitals, nursing homes, or other health care facilities, provides domestic partners with the same rights that would normally be provided to spouses and next of kin.

Authorizes the Department of Health to apply for a federal waiver to Medicaid in order to allow the State to provide home and community-based services to certain people who would otherwise require nursing facility care.

Establishes a hospice residence pilot program, which provides for the creation of up to 3 hospice residences, located in various geographic areas of New York State, to provide hospice care to a maximum of 16 patients each.

Establishes the Childhood Obesity Prevention Program within the New York State Department of Health. Directs the Department to develop and implement guidelines for nutrition education and physical activity as part of such obesity prevention efforts.

Requires hospitals that provide emergency treatment to rape survivors to make available information regarding emergency contraception, orally inform them about the availability thereof, and, upon request, dispense said emergency contraception. Stipulates that not all hospitals shall be required to provide emergency contraception to a rape survivor who is pregnant.

Expands Medicaid eligibility to certain individuals diagnosed with breast and/or cervical cancer or pre-cancerous conditions for treatment of their cancer. These services are provided through the Healthy Women Partnership program.

Requires the Superintendent of Insurance and the Commissioner of Health to assess whether the use of computer aided detection devices provides measurably better results in the detection of breast cancer.

The Women’s Health and Wellness Act of 2002 (Chapter 554 of 2002) Mandates insurance coverage of certain primary and preventive obstetric and gynecologic health care services including screening for osteoporosis, breast cancer and cervical cancer. It does require coverage for annual mammograms starting at age 40 and coverage for contraceptive drugs and devices.

Requires that every hospital with maternity and newborn services provide information concerning the dangers of shaking infants and young children.

Expands the qualifying annual family income for the Prenatal Care Assistance Program (PCAP), which provides Medicaid coverage for prenatal care, delivery, postpartum and infant care to uninsured women and their infants through their first year of life from 185% ($37,000 for a family of four) of the federal poverty level to 200% ($40,000 for a family of four) of the federal poverty level. Similarly Medicaid coverage of family planning services was expanded to cover individuals with annual family incomes up to 200% of the federal poverty level.

Provides protections against the stalking of individuals or the restriction of access to a health care provider or place of religious worship. It enhances enforcement capacity and establishing criminal offenses for violators.

Requires health care facilities to screen newborn infants for hearing problems, and make referrals for treatment as needed.

Requires a health provider to release to a patient or health care provider the patient’s original mammogram, when so requested by the patient. This law also prohibits a facility from charging a patient fee when the facility chooses to make a copy of the original mammogram for its files when it releases the original mammogram to the patient, their medical institution or health care provider. The statute implemented provisions of the federal Mammography Quality Standards Act and related federal legislation.

Provides health plan consumers with the right to an impartial, external appeal of their health plan’s denial of physician recommended treatment, as well as a process for external review and coverage of experimental and investigational treatments recommended for the patient.

Requires health insurance coverage to include coverage of inpatient mastectomy, breast reconstructive surgery and outside consultation with cancer specialists in relation to breast or other cancers.

Requires that new parents be provided information on postpartum depression as part of the range of information provided to them prior to hospital discharge. Identifying depression following childbirth is critical as it can effect the health of both mother and child and if not diagnosed, postpartum depression can have devastating consequences.

Mandates insurance coverage for Enteral Formulas and certain other nutritional supplements when prescribed by a health care practitioner.

Establishes a State Osteoporosis Prevention and Detection Program within the New York State Department of Health to promote osteoporosis prevention and to develop and provide professional education programs for health care providers, including local health departments, area offices for the aging, nonprofit community organizations and others. This law also establishes an advisory council to guide implementation of the program.

Stipulates that a person is guilty of a Class E felony if s/he participates in acts defined as female genital mutilation for reasons other than legitimate purposes.

Establishes a Health Research Science Board to review applications for breast cancer research and education, disseminate pesticide data to health researchers, evaluate the usefulness of pesticide data and make recommendations for improvement; a corporate franchise tax check-off and a personal income tax check-off for use in financing a breast cancer research and education fund; requirements for water quality monitoring for pesticides; a pesticide sales and use database through the State Department of Environmental Conservation in conjunction with Cornell University; andpesticide reporting by commercial applicators.

Ensures that women are covered for at least a 48-hour hospital stay, or 96-hours following a cesarean birth, in accordance with physician's recommendation and the patient’s wishes.

Establishes a comprehensive program of counseling of pregnant women regarding HIV and AIDS and of mandatory HIV testing of newborns.

Establishes a new program to recognize and promote innovation in breast cancer prevention, detection and research.

Provides information to consumers, patients, and health care providers relating to ovarian cancer, including signs and symptoms, risk factors and the benefits of early detection through appropriate diagnostic testing and treatment options. This law also establishes a state ovarian cancer information advisory council appointed by the Commissioner of Health.

Amends the State Breast Cancer Detection and Education Program to permit local providers to also conduct screening for cervical cancer for under-served and uninsured women.

Increases women’s direct access to OB/GYN services in their health plan, without need for referral by a "gatekeeper."

Requires hospitals to notify victims of their rights and provide them with information regarding domestic violence, treatment, shelters and other places of safety.

Extends the deadline to file lawsuits an additional 30 days for women who have claims of personal injury or death caused by the effects of a breast implant or breast implant materials if they opted out of the implant litigation settlement agreement.

Requires hospitals to coordinate with local rape crisis services and to permit rape crisis counselors to accompany a patient needing to be examined upon the patient’s request.

Establishes a State program to offset medical malpractice liability insurance costs to assist physicians to initiate or expand practices for poor and high risk women.

OB/GYN practitioner shortages in certain areas of the State, combined with the high risk elements of this practice and extremely high premiums for medical malpractice liability insurance, led to overall concerns about inadequate access to necessary care for women, particularly in practitioner shortage areas.

Establishes and funds programs to provide counseling and community support services to HIV infected mothers and their children.

Prohibits insurers from denying or canceling a life or disability insurance policy based on a history of breast cancer if the diagnosis occurred at least 3 years prior to the application date and a physician has certified that there has not been a reoccurrence.

Expands health insurance coverage for cervical cytology ("pap smear") testing for women.

Extends the statute of limitations for a claimant to begin an action for personal injury or death caused by the effects of silicone gel injected or implanted in the body or by the effects of the Dalkon shield intrauterine device.

Midwives Licensure (Chapters 327 and 328 of 1992)

Establishes licensure requirements for the practice of midwifery and clarified the relationship between midwives, hospitals and physicians.

Prohibits insurers from refusing to issue or renew life or disability insurance because a person has a history of breast cancer, provided that the initial diagnosis was made three years prior to the application and the disease has not recurred.

Health Insurance Coverage for Cervical Cancer Screening (Chapter 711 of 1992)
Requires that health insurance companies provide coverage for cervical cancer screening, including the physical exam and related procedures. The success in treating cervical cancer, particularly when identified and treated early, makes the proper screening for this condition extremely crucial and ultimately lifesaving.

Expands the scope of the Breast Cancer Detection and Education Program to include the provision of breast health awareness programs in schools which approve of such programs being conducted.

Ensures that programs providing alcohol and substance abuse prevention services to women specifically include pregnant women.

Amends the 1985 State breast cancer information program law by requiring that the State-prepared booklet on breast cancer include information on the risks and side-effects of breast implants.

Requires all persons with a license to sell alcohol to display a sign or poster warning of birth defects from alcohol consumption.

Expands health insurance coverage for drugs to include prescriptions which have proven effective in treating cancer, though have not yet to receive federal approval to be marketed for such cancer treatments. (The drugs, however, must already be federally approved as appropriate for other specified medical treatment).

Provides for the establishment of a Statewide Toll-Free Breast Cancer Hotline provided through Adelphi University, building upon the initial pioneering program at the University. Annual funding in the amount of $175,000 is provided for the statewide hotline which is 1-800-877-8077.

Establishes a breast health awareness programs to be conducted by Breast Cancer Detection and Education Programs in conjunction with schools to provide breast health education, with particular emphasis on the importance of breast self-exam as a lifelong personal health behavior. Annual funding in the amount of $150,000 is allocated for this program.

Creates a hysterectomy information and education program requiring the New York State Health Department of Health to prepare and disseminate information, to be provided by physicians, to women to improve their knowledge about the procedure and alternative options, which might be appropriate.

Requires maternal screening for Hepatitis-B and treatment of any infected newborns for this potentially devastating but treatable disease.

Creates the authority for State grants to certify home health agencies to operate a program using volunteer "resource mothers" to help new parents. Based on recommendations of the National Commission to Prevent Infant Mortality, agency volunteers under this program would provide guidance, teaching and support for new mothers in such areas as nutrition, exercise, hygiene, breast feeding, infant care, friendly visiting and drugs, alcohol and tobacco.

Provides that no health insurer may deny coverage for medical treatment for medical conditions related to infertility when such treatments are otherwise covered under the policy to treat correctable medical conditions.

Requires that State health research grant applications include gender specific questions to help ascertain whether such studies impact women or men more heavily and whether the outcomes show significant gender differences.

Requires the New York State Department of Health to include gender-specific questions on grant applications to determine whether the research and studies will impact primarily on women or men and whether the outcomes of such research include gender-based differences.

Requires the following:

Creates the State Breast Cancer Detection and Education Programs providing for mammography and clinical screening for women, targeting the underserved and uninsured. This law also creates the State Breast Cancer and Detection and Education Advisory Council. The program has steadily evolved in both scope and annual financial support. In now includes cervical cancer screening and operates through the statewide Healthy Women Partnership initiative.

Requires hospitals and birthing centers to distribute to every maternity patient, at pre-booking, informational material containing definitions and statistics regarding maternity procedures at the facility, including the annual rate of cesarean sections, the annual percentage of births utilizing induction of labor and the annual number of births utilizing forceps.

Creates a new statewide Prenatal Care Assistance Program (PCAP) to provide Medicaid coverage for prenatal care, delivery, postpartum and infant care to uninsured women and their infants throughout their first year of life.

Requires the New York State Department of Health to prepare and disseminate to providers a booklet on breast cancer treatment alternatives. The booklet is distributed to women when considering breast cancer treatment to aid in their knowledge, consultation with their physician and personal decision making on a course of treatment.

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Below are other non-health related statutes that affect women.

Enacts comprehensive reform provisions relating to:

Makes a victim’s dress inadmissible as evidence for the defense in a sexual assault trial.

Expands the period for hospital retention of sexual offense evidence kits in order to provide better support for the investigation of sexual assault cases.

Establishes the new crime of menacing in the first and second degrees and harassment in the first and second degrees to include conduct construed as stalking.

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Below is legislation that affect women, championed by the Senate but were not enacted.

Establishes mandatory reporting requirements for certain professional or official persons who come into contact with mentally or physically incapacitated persons who have been abused. Sets forth the penalty for noncompliance as a Class A misdemeanor, establishes civil liability for damages in such cases and provides immunity in certain instances.

Makes certain changes to the Medicaid program and establishes voluntary disease management demonstration programs. Also creates a preferred drug program, modifies the Family Health Plus program, promotes the utilization of long term care insurance and expands the long-term care insurance tax credit from 10% to 20%.

Requires an annual additional State appropriation to the breast cancer research and education fund to the amount of tax gifts and license plate revenues deposited into the fund during the prior calendar year.

Insurance Coverage for Infertility Treatment (S.3131-B)

Mandates certain types of insurance coverage for diagnostic testing and treatment of infertility.

Provides that certain personal information (e.g. address and telephone number) pertaining to a covered person under a health insurance policy or health maintenance organization contract must be withheld from the policy holder where there is an order of protection against the policy holder.

Creates the crime of partial birth abortion, which is punishable as a Class E felony.

Requires notification of the parents or guardians prior to the performance of an abortion on an unemancipated minor.

Expands existing statutory provisions relating to mandator insurance coverage for mammographies.

Alcohol/Substance Abuse Prevention for WIC Participants (S/4852-A)

Mandated the development of a drug and alcohol abuse education program to be made available for participants in the Women, Infants and Children (WIC) program.

Requires that funds for State grants for breast cancer detection and eduation programs be made available in an amount equal to $0.12 per capita for the State population.

Issues in Focus. New York State Legislation Affecting Women, 2003-2006. May 8, 2006

Senate Majority Taskforce on Wellness. NYS Legislative Initiatives in Women’s Health-Summary of Legislation Enacted During the Past Fifteen Years. February 2002