STATE OF NEW YORK ________________________________________________________________________ 6450--B 2023-2024 Regular Sessions IN ASSEMBLY April 11, 2023 ___________ Introduced by M. of A. KIM, DICKENS, GIBBS, McDONALD -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Aging -- recommitted to the Committee on Aging in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the elder law, in relation to establishing the expanded pharmaceutical insurance coverage panel The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The elder law is amended by adding a new section 242-a to 2 read as follows: 3 § 242-a. Expanded pharmaceutical insurance coverage panel. 1. There 4 is hereby established within the executive department, a panel to be 5 known as the "expanded pharmaceutical insurance coverage panel". For the 6 purposes of this section, the term "the panel" shall mean the expanded 7 pharmaceutical insurance coverage panel. 8 2. The panel shall consist of the commissioners of the departments of 9 education and health, the superintendent of the department of financial 10 services, and the directors of the office for the aging and the division 11 of the budget. Each panel member may designate an officer of their 12 respective department, office, or division to represent and exercise all 13 the powers of such panel member at any meeting of the panel from which 14 such panel member may be absent. 15 3. The director of the office for the aging and the commissioner of 16 health shall serve as co-chairs of the panel. 17 4. The panel shall meet at such times as may be requested by the 18 co-chairs, provided that the panel shall meet at least two times a year. 19 5. The panel shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01416-05-4A. 6450--B 2 1 (a) subject to the approval of the director of the budget, promulgate 2 program regulations pursuant to section two hundred forty-six of this 3 title; 4 (b) determine the annual schedule of cost-sharing responsibilities of 5 eligible program participants pursuant to sections two hundred forty- 6 seven and two hundred forty-eight of this title; 7 (c) enter into contracts pursuant to section two hundred forty-three 8 of this title; 9 (d) recommend and implement alternative program improvements for the 10 efficient and effective operation of the program in accordance with the 11 provisions of this title with the advice of the advisory committee as 12 defined in subdivision seven of this section; 13 (e) develop and implement, in cooperation with area offices for the 14 aging, an outreach program to inform eligible applicants of benefits 15 they may be entitled to pursuant to this title, and to make available 16 information concerning the program for expanded pharmaceutical insurance 17 coverage and benefits to which they may be entitled through a 18 prescription drug coverage program funded by the federal government; and 19 (f) prepare an annual report and submit such report to the governor, 20 the temporary president of the senate, and the speaker of the assembly 21 no later than the first day of January of each year. The panel shall 22 include in such report, at a minimum, annual statistical information 23 regarding the number of persons enrolled in the program by marital 24 status and income level and age, an estimate of the per cent of eligible 25 New York residents that are enrolled, the total number of enrollees that 26 receive an income-related subsidy under section 1860D-14 of the federal 27 social security act, and the number that so qualify through their 28 enrollment in the medicare savings program, the numbers of participating 29 provider pharmacies, recipients and payments by county, a summary of the 30 administrative cost containment initiatives completed during the year, 31 projections of program costs for the following two years, and an evalu- 32 ation of the performance of the program contractor or contractors and of 33 the cost effectiveness of all outreach efforts. 34 6. The panel members shall receive no compensation for their services 35 as panel members. 36 7. There shall be an advisory committee to the panel comprised of 37 twelve persons. Four members shall be appointed by the governor, three 38 members shall be appointed by the temporary president of the senate, one 39 member shall be appointed by the minority leader of the senate, three 40 members shall be appointed by the speaker of the assembly and one member 41 shall be appointed by the minority leader of the assembly. The commit- 42 tee members shall be representatives of consumers, pharmacists, pharma- 43 ceutical drug manufacturers and pharmaceutical wholesalers. No less than 44 sixty percent of the committee membership shall represent consumers. 45 Committee members shall receive no compensation for their services but 46 shall be allowed their actual and necessary expenses incurred in the 47 performance of their duties. 48 § 2. This act shall take effect immediately.