Bill Text: NY A02795 | 2019-2020 | General Assembly | Introduced


Bill Title: Extends the preferred drug program to medicaid managed care providers and offers the program to other health plans.

Spectrum: Moderate Partisan Bill (Democrat 38-9)

Status: (Introduced) 2019-02-11 - reported referred to ways and means [A02795 Detail]

Download: New_York-2019-A02795-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2795
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 25, 2019
                                       ___________
        Introduced by M. of A. GOTTFRIED, THIELE, RODRIGUEZ, MOSLEY, MAGNARELLI,
          LUPARDO,  CRESPO, BLAKE, GALEF, JAFFEE, SEAWRIGHT, MONTESANO, GUNTHER,
          LIFTON, DINOWITZ, OTIS, ABINANTI, HYNDMAN,  ORTIZ,  COLTON  --  Multi-
          Sponsored  by  --  M. of A. CARROLL, COOK, CROUCH, ENGLEBRIGHT, GLICK,
          SIMON -- read once and referred to the Committee on Health
        AN ACT to amend the social services law and the public  health  law,  in
          relation  to  extending the preferred drug program to medicaid managed
          care providers and offering the program to other health plans; and  to
          repeal certain provisions of the social services law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. This legislature finds that the costs
     2  of many prescription drugs in the market have been escalating  unreason-
     3  ably.  The  preferred  drug program and the clinical drug review program
     4  under the public health law provide effective  mechanisms  for  assuring
     5  access  to  quality,  effective and safe drugs to patients at reasonable
     6  cost. Providing prescription  drugs  to  Medicaid  managed  health  care
     7  provider  participants through these programs will maximize the Medicaid
     8  program's ability  to  negotiate  more  substantial  rebates  with  drug
     9  manufacturers  (effectively,  lower  prices),  while protecting Medicaid
    10  managed care provider participants. Offering non-Medicaid  health  plans
    11  the  opportunity  to  use these programs will help lower costs for those
    12  health plans and those who pay their premiums, while protecting individ-
    13  uals covered by those plans, and will also further increase the  negoti-
    14  ating power of the programs.
    15    §  2. The social services law is amended by adding a new section 365-i
    16  to read as follows:
    17    § 365-i. Prescription drugs in medicaid managed  care  programs.    1.
    18  Definitions. (a) The definitions of terms in section two hundred seventy
    19  of the public health law shall apply to this section.
    20    (b)  As  used  in  this  section,  unless the context clearly requires
    21  otherwise:
    22    (i) "Managed care  provider"  means  a  managed  care  provider  under
    23  section  three hundred sixty-four-j of this article, a managed long term
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03489-01-9

        A. 2795                             2
     1  care plan under section forty-four hundred three-f of the public  health
     2  law,  or any other entity that provides or arranges for the provision of
     3  medical assistance services and supplies  to  participants  directly  or
     4  indirectly (including by referral), including case management, including
     5  the managed care provider's authorized agents.
     6    (ii)  "Participant" means a medical assistance recipient who receives,
     7  is required to receive or elects to receive his or her  medical  assist-
     8  ance services from a managed care provider.
     9    2.  Providing  and payment for prescription drugs for medicaid managed
    10  care provider participants. Prescription drugs eligible  for  reimburse-
    11  ment  under this article prescribed in relation to a service provided by
    12  a managed care provider  shall  be  provided  and  paid  for  under  the
    13  preferred  drug program and the clinical drug review program under title
    14  one of article two-A of the public health law. The managed care provider
    15  shall account to and reimburse the department for the net  cost  to  the
    16  department  for  prescription drugs provided to the managed care provid-
    17  er's participants. Payment for prescription drugs shall be  included  in
    18  the  capitation  payments  to  the managed care provider for services or
    19  supplies provided to a managed care provider's participants.
    20    § 3. Section 270 of the public health law is amended by adding  a  new
    21  subdivision 15 to read as follows:
    22    15.  "Third-party  health  care  payer"  has its ordinary meanings and
    23  includes an entity such as a  fiscal  administrator,  or  administrative
    24  services  provider  that  participates in the administration of a third-
    25  party health care payer system.
    26    § 4. The public health law is amended by adding a new section 274-a to
    27  read as follows:
    28    § 274-a. Use of  preferred  drug  program  and  clinical  drug  review
    29  program.  The  commissioner  shall  contract with any third-party health
    30  care payer that so chooses, to use the preferred drug  program  and  the
    31  clinical  drug  review program to provide and pay for prescription drugs
    32  for the third-party health care payer's  enrollees.  To  contract  under
    33  this  section,  the third-party health care payer shall provide coverage
    34  for prescription drugs authorized  under  this  title.  The  third-party
    35  health  care payer shall account to and reimburse the department for the
    36  net cost to the department for prescription drugs provided to the third-
    37  party health care payer's enrollees. The contract  shall  include  terms
    38  required by the commissioner.
    39    §  5.  Section 272 of the public health law is amended by adding a new
    40  subdivision 12 to read as follows:
    41    12. No prior authorization shall be required under the preferred  drug
    42  program  for:  (a)  atypical  anti-psychotics; (b) anti-depressants; (c)
    43  anti-retrovirals used in the treatment of HIV/AIDS;  (d)  anti-rejection
    44  drugs  used  in  the  treatment  of  organ  and  tissue transplants; (e)
    45  seizure, epilepsy, endocrine, hematologic  and  immunologic  therapeutic
    46  classes; and (f) any other therapeutic class for the treatment of mental
    47  illness  or  HIV/AIDS,  recommended by the committee and approved by the
    48  commissioner under this title.
    49    § 6. Subdivisions 25 and 25-a of section 364-j of the social  services
    50  law are REPEALED.
    51    § 7. This act shall take effect on the one hundred eightieth day after
    52  it  shall have become a law; provided, however, that the commissioner of
    53  health is immediately authorized and directed to take actions  necessary
    54  to implement this act when it takes effect.
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