Bill Text: NY A02002 | 2017-2018 | General Assembly | Introduced
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
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 or15other entities which provide comprehensive health services, or other16managed care programs for services covered by such programs, except that17such persons, other than persons otherwise exempted from co-payments18pursuant to subparagraphs (i), (ii), (iii) and (v) of this paragraph,19and other than those persons enrolled in a managed long term care20program, shall be subject to co-payments as described in subparagraph21(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. LBD05816-01-7A. 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.