Bill Text: NY S04787 | 2023-2024 | General Assembly | Amended


Bill Title: Requires periodic reviews of pending applications for material change in the coverage status of certain matters relative to new health technology assessment or medical evidence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-06 - SUBSTITUTED BY A6022A [S04787 Detail]

Download: New_York-2023-S04787-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4787--A
            Cal. No. 451

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced by Sens. RIVERA, RAMOS -- read twice and ordered printed, and
          when printed to be committed to the Committee on Health -- recommitted
          to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT to amend the social services law, in relation to requiring peri-
          odic reviews of pending applications for material change in the cover-
          age status of  certain  matters  relative  to  new  health  technology
          assessment or medical evidence

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 365-d of the social services  law,
     2  as added by section 46-a of part B of chapter 57 of the laws of 2015, is
     3  amended to read as follows:
     4    5.  (a)  The  commissioner,  in consultation with the committee, shall
     5  undertake periodic reviews of pending applications for  material  change
     6  in  the  coverage  status  of  a  particular  item, health technology or
     7  service, and any matter relative to new health technology assessment  or
     8  medical  evidence for which an applicant has submitted a complete appli-
     9  cation to the department within three months of receipt. The  department
    10  shall  notify  an  applicant  of  incompleteness  within  thirty days of
    11  receipt of submission. Receipt of applications shall be published on the
    12  department's website within seven  days  of  receipt.  The  commissioner
    13  shall  schedule a review of such pending applications and cause publica-
    14  tion of the date of review on the department's website within seven days
    15  of the review required by this paragraph.
    16    (b) The commissioner, in consultation with the committee, shall  issue
    17  a  report to the chair of the standing committee on health in the senate
    18  and assembly and publish the report on the department's  website  within
    19  thirty  days  of review of any pending application pursuant to paragraph

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08099-03-3

        S. 4787--A                          2

     1  (a) of this subdivision. Such report shall provide the date of  applica-
     2  tion,  date  of  review,  and  a  stated determination of sufficiency of
     3  evidence warranting committee deliberation and  recommendation.  In  the
     4  event  of  an  affirmative determination of sufficiency of evidence, the
     5  commissioner shall require the committee to issue a recommendation with-
     6  in six months of such determination of sufficiency. In the  event  of  a
     7  negative determination, the commissioner shall detail such insufficiency
     8  of  evidence  and  allow  the  applicant to cure stated deficiencies for
     9  review under the requirements provided in paragraph (a) of this subdivi-
    10  sion.
    11    (c) The committee shall consider any matter regarding material changes
    12  in the coverage status  of  a  particular  item,  health  technology  or
    13  service,  and any matter relative to new health technology assessment or
    14  medical evidence review for which the department determines a sufficient
    15  body of evidence exists to warrant committee deliberation.  The  commis-
    16  sioner  shall  provide  members  of  the  committee with any evidence or
    17  information related to the health technology or medical service  assess-
    18  ment  including  but not limited to, information submitted by members of
    19  the public. The department shall report to  the  committee  programmatic
    20  changes  to benefits that do not rise to the level of a material change,
    21  as well as determinations of when sufficient medical evidence exists  to
    22  warrant  committee  deliberations. The commissioner shall provide forty-
    23  five days public notice on the department's website prior to any meeting
    24  of the committee to develop recommendations concerning health technology
    25  or medical service coverage determinations. Such notice shall include  a
    26  description of the proposed health technology or service to be reviewed,
    27  the conditions or diseases impacted by the health technology or service,
    28  the  proposals  to  be  considered  by the committee, and the systematic
    29  evidence-based assessment prepared in accordance with this  subdivision.
    30  The committee shall allow interested parties a reasonable opportunity to
    31  make  an  oral presentation to the committee related to the health tech-
    32  nology or service to be reviewed and to submit written information.  The
    33  committee shall consider any  information  provided  by  any  interested
    34  party, including, but not limited to, health care providers, health care
    35  facilities,  patients, consumers and manufacturers. For all health tech-
    36  nologies or services selected for review, the department  shall  conduct
    37  or commission a systematic evidence-based assessment of the health tech-
    38  nology's or service's safety and clinical efficacy. The assessment shall
    39  use  established  systematic  review elements, study quality assessment,
    40  and data synthesis.  Upon  completion,  the  systematic,  evidence-based
    41  assessment shall be made available to the public.
    42    § 2. This act shall take effect immediately.
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