Bill Text: NY S03221 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S03221 Detail]

Download: New_York-2011-S03221-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3221
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 14, 2011
                                      ___________
       Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print-
         ed, and when printed to be committed 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 added by chapter 41 of the laws of 1992, subpar-
    3  agraph  (iii) as amended by chapter 843 of the laws of 1992 and subpara-
    4  graph (iv) as amended by section 40 of part C of chapter 58 of the  laws
    5  of 2005, is amended to read as follows:
    6    (b)  Co-payments  shall apply to all eligible persons for the services
    7  defined in paragraph (d) of this subdivision with the exception of:
    8    (i) [individuals under twenty-one years of age;
    9    (ii) pregnant women;
   10    (iii)] individuals who are inpatients in a medical facility  who  have
   11  been  required  to  spend  all  of their income for medical care, except
   12  their personal needs allowance or residents of community based  residen-
   13  tial facilities licensed by the office of mental health or the office of
   14  mental retardation and developmental disabilities who have been required
   15  to spend all of their income, except their personal needs allowance;
   16    [(iv)  individuals  enrolled  in  health  maintenance organizations or
   17  other entities which provide comprehensive  health  services,  or  other
   18  managed care programs for services covered by such programs, except that
   19  such  persons,  other  than  persons otherwise exempted from co-payments
   20  pursuant to subparagraphs (i), (ii), (iii) and (v)  of  this  paragraph,
   21  and  other  than  those  persons  enrolled  in  a managed long term care
   22  program, shall be subject to co-payments as  described  in  subparagraph
   23  (v) of paragraph (d) of this subdivision;] and
   24    [(v)]  (II)  any  other individuals required to be excluded by federal
   25  law or regulations.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02601-01-1
       S. 3221                             2
    1    S 2. The opening paragraph  of  paragraph  (d)  of  subdivision  6  of
    2  section  367-a of the social services law, as added by chapter 41 of the
    3  laws of 1992, is amended to read as follows:
    4    Co-payments  shall  apply  to  [the following] ALL services COVERED BY
    5  THIS TITLE, EXCEPT DIAGNOSTIC SERVICES, AND SHALL  BE  PRE-PAID  AT  THE
    6  TIME  WHEN  SUCH  SERVICES  ARE RENDERED, subject to such exceptions for
    7  subcategories of these services as recognized  by  the  commissioner  OF
    8  HEALTH in regulations, provided in accordance with section three hundred
    9  sixty-five-a  of this [article] TITLE and the regulations of the depart-
   10  ment, to the extent permitted by title XIX of the federal social securi-
   11  ty act:
   12    S 3. The commissioner of health is authorized to promulgate  or  adopt
   13  any  rules  or regulations necessary to implement the provisions of this
   14  act and any co-payments, procedures, forms,  or  instructions  necessary
   15  for such implementation may be adopted and issued on or after the effec-
   16  tive date of this act. Notwithstanding any inconsistent provision of the
   17  state  administrative  procedure act or any other provision of law, rule
   18  or regulation, the commissioner of  health  and  the  superintendent  of
   19  insurance  and  any appropriate council are authorized to adopt or amend
   20  or promulgate on an emergency basis any regulation he  or  she  or  such
   21  council  determines  necessary to implement any provision of this act on
   22  its effective date.
   23    S 4. This act shall take effect immediately; provided,  however,  that
   24  the  amendments  to  paragraphs  (b) and (d) of subdivision 6 of section
   25  367-a of the social services law made by sections one and  two  of  this
   26  act  shall  not affect the repeal of such paragraphs and shall be deemed
   27  repealed therewith.