Prescription Contraceptive Drugs
NY-ADR
11/14/18 N.Y. St. Reg. HLT-30-18-00003-A
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 46
November 14, 2018
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-30-18-00003-A
Filing No. 1040
Filing Date. Oct. 26, 2018
Effective Date. Nov. 14, 2018
Prescription Contraceptive Drugs
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 505.3(d) and (e) of Title 18 NYCRR.
Statutory authority:
Social Services Law, section 365-a; Public Health Law, section 201(1)(v)
Subject:
Prescription Contraceptive Drugs.
Purpose:
Allow for a written order of prescription contraceptives for family planning purposes to be filled 12 times within one year.
Text or summary was published
in the July 25, 2018 issue of the Register, I.D. No. HLT-30-18-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email: [email protected]
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2023, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
Public comments were submitted to the NYS Department of Health (“Department”) in response to this regulation. The public comment period for this regulation ended on 09/24/2018. The Department received 13 comments.
These comments and the Department’s response are summarized below:
Comment: The organizations listed below stated that they fully support the proposed rulemaking in its entirety, and recommended swift adoption. They stated that the proposed regulations are critical due to persistent barriers to contraceptive access for low-income women and women of color. They stated that the proposed regulations will improve access to contraception for Medicaid members, and promote health equity by appropriately aligning the Medicaid program’s policies for the dispensing of contraceptive drugs with the regulations for commercial insurance.
The American College of Obstetricians and Gynecologists (ACOG), District II
Health Care for All New York (HCFANY)
The League of Women Voters of New York State
The National Women’s Law Center
New York Civil Liberties Union (NYCLU)
Physicians for Reproductive Health
Planned Parenthood Empire State Acts (PPESA)
Planned Parenthood of New York City (PPNYC)
Planned Parenthood of the Southern Finger Lakes
PowHer New York
Raising Women’s Voices-New York (RWV-NY)
Reproductive Health Access Project
Women’s Health and Reproductive Rights (WHARR)
Response: The Department acknowledges the comments in support of the proposed regulation. No changes were made to the proposed regulation.
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