Bill Text: NY A05350 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2014-01-28 - REFERRED TO SOCIAL SERVICES [A05350 Detail]
Download: New_York-2013-A05350-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5350
2013-2014 Regular Sessions
I N A S S E M B L Y
February 25, 2013
___________
Introduced by M. of A. GOTTFRIED, KELLNER -- Multi-Sponsored by -- M. of
A. JAFFEE, McDONALD, SWEENEY -- read once and referred to the Commit-
tee 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 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01535-02-3
