Bill Text: NY A02002 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to health [A02002 Detail]

Download: New_York-2017-A02002-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2002
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by M. of A. SCHIMMINGER, RAIA, GOODELL -- Multi-Sponsored by
          -- M. of A.  DiPIETRO, 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 amended by section 15 of part B of chapter 57 of
     3  the laws of 2015, is amended to read as follows:
     4    (b) Co-payments shall apply to all eligible persons for  the  services
     5  defined in paragraph (d) of this subdivision with the exception of:
     6    (i) [individuals under twenty-one years of age;
     7    (ii) pregnant women;
     8    (iii)]  individuals  who are inpatients in a medical facility who have
     9  been required to spend all of their  income  for  medical  care,  except
    10  their  personal needs allowance or residents of community based residen-
    11  tial facilities licensed by the office of mental health or the office of
    12  mental retardation and developmental disabilities who have been required
    13  to spend all of their income, except their personal needs allowance;
    14    [(iv) individuals enrolled  in  health  maintenance  organizations  or
    15  other  entities  which  provide  comprehensive health services, or other
    16  managed care programs for services covered by such programs, except that
    17  such persons, other than persons  otherwise  exempted  from  co-payments
    18  pursuant  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph,
    19  and other than those persons  enrolled  in  a  managed  long  term  care
    20  program,  shall  be  subject to co-payments as described in subparagraph
    21  (v) of paragraph (d) of this subdivision;
    22    (v)] (ii) individuals whose family income is  less  than  one  hundred
    23  percent  of the federal poverty line, as defined in subparagraph four of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05816-01-7
        A. 2002                             2
     1  paragraph (a) of subdivision one of section three hundred  sixty-six  of
     2  this title, for a family of the same size; and
     3    [(vi)]  (iii) any other individuals required to be excluded by federal
     4  law or regulations.
     5    § 2. The opening paragraph  of  paragraph  (d)  of  subdivision  6  of
     6  section  367-a of the social services law, as added by chapter 41 of the
     7  laws of 1992, is amended to read as follows:
     8    Co-payments shall apply to [the following]  all  services  covered  by
     9  this  title,  except  diagnostic  services, and shall be pre-paid at the
    10  time when such services are rendered, subject  to  such  exceptions  for
    11  subcategories  of  these  services  as recognized by the commissioner of
    12  health in regulations, provided in accordance with section three hundred
    13  sixty-five-a of this [article] title and the regulations of the  depart-
    14  ment, to the extent permitted by title XIX of the federal social securi-
    15  ty act:
    16    §  3.  The commissioner of health is authorized to promulgate or adopt
    17  any rules or regulations necessary to implement the provisions  of  this
    18  act  and  any  co-payments, procedures, forms, or instructions necessary
    19  for such implementation may be adopted and issued on or after the effec-
    20  tive date of this act. Notwithstanding any inconsistent provision of the
    21  state administrative procedure act or any other provision of  law,  rule
    22  or  regulation,  the  commissioner  of  health and the superintendent of
    23  financial services and any appropriate council are authorized  to  adopt
    24  or amend or promulgate on an emergency basis any regulation he or she or
    25  such council determines necessary to implement any provision of this act
    26  on its effective date.
    27    § 4. This act shall take effect immediately.