Bill Text: NY A02640 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides for increasing the applicability of brand name and generic prescription drug and other medical services, except diagnostic services, co-payments for medicaid recipients.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to health [A02640 Detail]

Download: New_York-2013-A02640-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2640
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced  by  M. of A. SCHIMMINGER, GABRYSZAK, RAIA -- Multi-Sponsored
         by -- M. of A. HAWLEY, HOOPER, MAGEE -- read once and referred to  the
         Committee on Health
       AN ACT to amend the social services law, in relation to medicaid co-pay-
         ments for prescription drugs and other services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 6  of  section  367-a  of  the
    2  social services law, as added by chapter 41 of the laws of 1992, subpar-
    3  agraph  (iii) as amended by chapter 843 of the laws of 1992 and subpara-
    4  graph (iv) as amended by section 40 of part C of chapter 58 of the  laws
    5  of 2005, is amended to read as follows:
    6    (b)  Co-payments  shall apply to all eligible persons for the services
    7  defined in paragraph (d) of this subdivision with the exception of:
    8    (i) [individuals under twenty-one years of age;
    9    (ii) pregnant women;
   10    (iii)] individuals who are inpatients in a medical facility  who  have
   11  been  required  to  spend  all  of their income for medical care, except
   12  their personal needs allowance or residents of community based  residen-
   13  tial facilities licensed by the office of mental health or the office of
   14  mental retardation and developmental disabilities who have been required
   15  to spend all of their income, except their personal needs allowance;
   16    [(iv)  individuals  enrolled  in  health  maintenance organizations or
   17  other entities which provide comprehensive  health  services,  or  other
   18  managed care programs for services covered by such programs, except that
   19  such  persons,  other  than  persons otherwise exempted from co-payments
   20  pursuant to subparagraphs (i), (ii), (iii) and (v)  of  this  paragraph,
   21  and  other  than  those  persons  enrolled  in  a managed long term care
   22  program, shall be subject to co-payments as  described  in  subparagraph
   23  (v) of paragraph (d) of this subdivision;] and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04848-01-3
       A. 2640                             2
    1    [(v)]  (II)  any  other individuals required to be excluded by federal
    2  law or regulations.
    3    S  2.  The  opening  paragraph  of  paragraph  (d) of subdivision 6 of
    4  section 367-a of the social services law, as added by chapter 41 of  the
    5  laws of 1992, is amended to read as follows:
    6    Co-payments  shall  apply  to  [the following] ALL services COVERED BY
    7  THIS TITLE, EXCEPT DIAGNOSTIC SERVICES, AND SHALL  BE  PRE-PAID  AT  THE
    8  TIME  WHEN  SUCH  SERVICES  ARE RENDERED, subject to such exceptions for
    9  subcategories of these services as recognized  by  the  commissioner  OF
   10  HEALTH in regulations, provided in accordance with section three hundred
   11  sixty-five-a  of this [article] TITLE and the regulations of the depart-
   12  ment, to the extent permitted by title XIX of the federal social securi-
   13  ty act:
   14    S 3. The commissioner of health is authorized to promulgate  or  adopt
   15  any  rules  or regulations necessary to implement the provisions of this
   16  act and any co-payments, procedures, forms,  or  instructions  necessary
   17  for such implementation may be adopted and issued on or after the effec-
   18  tive date of this act. Notwithstanding any inconsistent provision of the
   19  state  administrative  procedure act or any other provision of law, rule
   20  or regulation, the commissioner of  health  and  the  superintendent  of
   21  financial  services  and any appropriate council are authorized to adopt
   22  or amend or promulgate on an emergency basis any regulation he or she or
   23  such council determines necessary to implement any provision of this act
   24  on its effective date.
   25    S 4. This act shall take effect immediately.
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