Bill Text: NY S05935 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to medication assisted treatment for substance abuse disorders; prohibits prior authorization.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2020-01-01 - VETOED MEMO.292 [S05935 Detail]

Download: New_York-2019-S05935-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5935--A
            Cal. No. 1170

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sens. HARCKHAM, BIAGGI, CARLUCCI, KAPLAN -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Health -- committee discharged and said bill committed to the  Commit-
          tee  on  Rules -- reported favorably from said committee, ordered to a
          third reading,  passed  by  Senate  and  delivered  to  the  Assembly,
          recalled,  vote  reconsidered,  restored to third reading, amended and
          ordered reprinted, retaining its place in the order of third reading

        AN ACT to amend the social services law and the public  health  law,  in
          relation to medication for the treatment of substance use disorders

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 365-a of the social  services  law
     2  is amended by adding a new paragraph (gg) to read as follows:
     3    (gg)  all  buprenorphine products, methadone or long acting injectable
     4  naltrexone for detoxification or maintenance treatment  of  a  substance
     5  use disorder prescribed according to generally accepted national profes-
     6  sional  guidelines  for the treatment of a substance use disorder.  Such
     7  medication assisted treatment shall not be subject to any prior authori-
     8  zation mandate.
     9    § 2. Subdivision 26-b of section 364-j of the social services law,  as
    10  added  by  section  4  of  part  B of chapter 69 of the laws of 2016, is
    11  amended to read as follows:
    12    26-b. Managed care providers shall not require prior authorization for
    13  [an initial or renewal  prescription  for  buprenorphine  or  injectable
    14  naltrexone   for  detoxification  or  maintenance  treatment  of  opioid
    15  addiction unless the prescription is for a non-preferred  or  non-formu-
    16  lary  form of the drug or as otherwise required by section 1927(k)(6) of
    17  the Social Security Act] any buprenorphine products, methadone  or  long
    18  acting injectable naltrexone for detoxification or maintenance treatment
    19  of  a  substance use disorder prescribed according to generally accepted

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10713-06-9
        S. 5935--A                          2

     1  national professional guidelines for the treatment of  a  substance  use
     2  disorder.
     3    §  3. Subdivision 10 of section 273 of the public health law, as added
     4  by section 5 of part B of chapter 69 of the laws of 2016, is amended  to
     5  read as follows:
     6    10.  Prior  authorization  shall  not  be  required for [an initial or
     7  renewal prescription for  buprenorphine  or  injectable  naltrexone  for
     8  detoxification  or  maintenance treatment of opioid addiction unless the
     9  prescription is for a non-preferred or non-formulary form of  such  drug
    10  as  otherwise required by section 1927(k)(6) of the Social Security Act]
    11  any buprenorphine products, methadone or long acting injectable naltrex-
    12  one for detoxification or  maintenance  treatment  of  a  substance  use
    13  disorder  prescribed  according  to  generally accepted national profes-
    14  sional guidelines for the treatment of a substance use disorder.
    15    § 4. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law; provided, however, that the amendments to subdivision
    17  26-b  of section 364-j of the social services law made by section two of
    18  this act shall not affect the repeal  of  such  section,  and  shall  be
    19  deemed repealed therewith.