Bill Text: NY A04713 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A04713 Detail]

Download: New_York-2023-A04713-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4713

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2023
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Health

        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 eleven 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 it 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,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06526-01-3
        A. 4713                             2

     1  title one-A of article twenty-five of this chapter, the workers' compen-
     2  sation  law,  title  three  of article two of the elder law, and section
     3  three hundred sixty-nine-gg of the social services law. [Nothing in this
     4  title shall be construed to require coverage for medical marihuana under
     5  article  twenty-five  of  this  chapter  or  article  five of the social
     6  services law.]
     7    § 2. Section 365-a of the social services law is amended by  adding  a
     8  new subdivision 11 to read as follows:
     9    11.  The  commissioner  may certify a dispensing site authorized under
    10  title five-A of article thirty-three the public health law as a  medical
    11  assistance  provider, solely for the purpose of dispensing medical mari-
    12  huana.
    13    § 3. This act shall take effect on the first of April next  succeeding
    14  the  date  on which it shall have become a law; provided that the amend-
    15  ments to section 3368 of the public health law made by  section  one  of
    16  this  act  shall  not affect the repeal of such section and shall expire
    17  and be deemed repealed therewith. Effective immediately,  the  addition,
    18  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    19  implementation of this act on its effective date are  authorized  to  be
    20  made and completed on or before such effective date.