New York · 2025-2026 General Assembly

S03007 Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; requires the commissioner of health to provide a quarterly report on known and expected department of health state funds Medicaid expenditures through state fiscal year 2026-2027 (Part A); extends the effectiveness of various provisions relating to social services and healthcare including medical reimbursement and welfare reform (Part B); relates to supplemental hospital payments (Part D); shifts long-term nursing home stays from managed care to fee for service; authorizes penalties for managed care plans that do not meet contractual obligations (Part E); requires a health plan to pay the MCO provider tax for each calendar year; requires every health plan subject to the approved MCO provider tax to submit reports; imposes penalties for failure to submit such timely payments; grants the commissioner of health audit powers; relates to the healthcare stability fund; relates to Medicaid payment increases for certain medical services; makes certain Medicaid payment increases contingent upon the availability of funds within the healthcare stability fund (Part F); relates to insurance coverage for medical malpractice paid for by funds from the hospital excess liability pool; extends portions of the New York Health Care Reform Act of 1996 (Part G); eliminates the fees paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system; repeals certain provisions of such law relating thereto (Part I); relates to extending the time for awards to be granted to applications for the statewide health care facility transformation III program (Part J); requires general hospitals to report community benefit spending by July 1 of each calendar year (Part M); requires hospitals to provide stabilizing care to pregnant individuals; defines terms; repeals provisions relating to required protocols for fetal demise (Part P); relates to improving access to and increasing coverage for infertility treatments (Part Q); requires hospitals to have sexual assault forensic examiners (Part T); extends the provisions relating to preferred sources for entities that provide employment to certain persons (Part Z); extends certain provisions relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs to 03/31/2028 (Part AA); extends the effectiveness of certain provisions relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical dependence (Part BB); extends certain provisions relating to services for individuals with developmental disabilities (Part CC); amends the definition of minor to exclude certain homeless youth for purposes of allowing such homeless youth to consent to certain medical, dental, health and hospital services, including behavioral health services (Part DD); relates to involuntary admission and assisted outpatient treatment; establishes the behavioral health crisis technical assistance center; relates to required training and maintaining of records relating to persons dealing with mental health and substance use crises (Part EE); provides that director of the budget, the commissioners of the office of mental health, office for people with developmental disabilities, office of addiction services and supports, office of temporary and disability assistance, office of children and family services, and the state office for the aging shall establish a state fiscal year 2025-2026 targeted inflationary increase, effective April 1, 2025, for projecting for the effects of inflation upon rates of payments, contracts, or any other form of reimbursement for the programs and services (Part FF); relates to the composition and work of mental health incident review panels (Part GG); provides that school-based health centers shall not be provided to medical assistance recipients through managed care programs until at least April 1, 2026 (Part HH); requires any New York subdivision that directly received funds pursuant to a statewide opioid settlement agreement to publicly post on their website information regarding how such funding was utilized and submit such information to the office of addiction services and supports (Part II); relates to clarifying which entities handle the reporting of pregnancy loss; and the responsibilities of health care providers and penalties for not protecting the identities of individuals who suffered a pregnancy loss (Part JJ); extends the authorization for certain fees and charges related to emergency medical services (Part KK); relates to the modernization and revitalization of the Nassau health care corporation (Part LL); extends certain provisions relating to the NYS medical indemnity fund (Part MM).

Direction

Abortion bans gestational limitsAI label

Expands abortion access model confidence 80%

Expands the definition of 'stabilizing treatment' for emergency medical conditions to explicitly include abortion when failure to provide it would likely result in material deterioration of the patient's condition, increasing the circumstances in which hospitals must provide abortions.

"Stabilizing treatment" includes abortion pursuant to section twenty-five hundred ninety-nine-bb of this article when failure to provide an abortion will, within reasonable probability, result in material deterioration of the patient's condition upon or during transfer of the patient from the facility.