Bill Text: NY S09189 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to providing insurance coverage for medical marihuana.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-11-02 - REFERRED TO RULES [S09189 Detail]

Download: New_York-2017-S09189-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9189
                    IN SENATE
                                    November 2, 2018
                                       ___________
        Introduced  by Sens. SAVINO, BENJAMIN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
        AN ACT to amend the public health law and the social  services  law,  in
          relation to health coverage for medical marihuana
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3368 of the public health law, as added by  chapter
     2  90 of the laws of 2014, is amended to read as follows:
     3    §  3368. Relation to other laws. 1. (a) The provisions of this article
     4  shall apply to this title, except that where a provision of  this  title
     5  conflicts  with  another  provision  of  this  article, this title shall
     6  apply.
     7    (b) Medical marihuana shall not be deemed to be a "drug" for  purposes
     8  of  article  one  hundred  thirty-seven of the education law.   However,
     9  regardless of federal financial participation, medical  marihuana,  when
    10  dispensed  under  this  title, shall be deemed to be (i) a "prescription
    11  drug" for purposes of coverage  under  medical  assistance  under  title
    12  eleven  of  article  five  of the social services law (provided that the
    13  dispensing site is certified under  subdivision  ten  of  section  three
    14  hundred sixty-five-a of the social services law), title one-A of article
    15  twenty-five of this chapter, the insurance law, and the workers' compen-
    16  sation  law;  (ii) a "covered drug" for purposes of coverage under title
    17  three of article two of the elder law; and (iii) a "health care service"
    18  under section three hundred sixty-nine-gg of  the  social  services  law
    19  (unless  the  commissioner  finds  that  this will result in the loss of
    20  federal financial participation in the program under that section).
    21    2. Nothing in this title shall be construed to require or prohibit  an
    22  insurer  or  health  plan  under  this  chapter  or the insurance law to
    23  provide coverage for medical marihuana, except that is shall be covered,
    24  as provided in subdivision one of this section, by any insurer or health
    25  plan under title eleven of article five  of  the  social  services  law,
    26  title one-A of article twenty-five of this chapter, the workers' compen-
    27  sation  law,  title  three  of article two of the elder law, and section
    28  three hundred sixty-nine-gg of the social services law. [Nothing in this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16589-01-8
        S. 9189                             2

     1  title shall be construed to require coverage for medical marihuana under
     2  article twenty-five of this  chapter  or  article  five  of  the  social
     3  services law.]
     4    §  2.  Section 365-a of the social services law is amended by adding a
     5  new subdivision 10 to read as follows:
     6    10. The commissioner may certify a dispensing  site  authorized  under
     7  title  five-A of the public health law as a medical assistance provider,
     8  solely for the purpose of dispensing medical marihuana.
     9    § 3. This act shall take effect on the first of April next  succeeding
    10  the  date  on which it shall have become a law; provided that, effective
    11  immediately, the commissioner of health and superintendent of  financial
    12  services shall make regulations and take other actions reasonably neces-
    13  sary  to  implement this act on that date; and provided further that the
    14  amendments to section 3368 of the public health law made by section  one
    15  of this act shall not affect the repeal of such section and shall expire
    16  and be deemed repealed therewith.