Bill Text: NY S00491 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 491 (Prior Session Legislation)

Introduced

Bill Title: Provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00491 Detail]

Download: New_York-2019-S00491-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           491
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the social services law, in relation to certain  medical
          assistance for needy persons
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of paragraph (a-1)  of  subdivision  4  of
     2  section  365-a  of  the social services law, as amended by section 39 of
     3  part D of chapter 56 of the laws of 2012, is amended to read as follows:
     4    (i) a brand name drug for which  a  multi-source  therapeutically  and
     5  generically  equivalent drug, as determined by the federal food and drug
     6  administration,  is  available,  unless  previously  authorized  by  the
     7  department  of  health.  The  commissioner  of  health  is authorized to
     8  exempt, for good cause shown, any brand name drug from the  restrictions
     9  imposed by this subparagraph. Furthermore, the commissioner of health is
    10  authorized  to  review  an  application for an exemption of a brand name
    11  drug from the restrictions of  this  subparagraph,  provided  that  such
    12  application  is  submitted within a period of twelve months prior to the
    13  expiration of the patent of said brand name drug;
    14    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05602-01-9