Bill Text: NY A04744 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to providing insurance coverage for medical marihuana.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2025-02-06 - referred to health [A04744 Detail]
Download: New_York-2025-A04744-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4744 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. PEOPLES-STOKES, LUPARDO, KELLES, SIMON, HUNTER, HEVESI, REYES, SIMONE, ROSENTHAL -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01731-01-5A. 4744 2 1 plan under title eleven of article five of the social services law, 2 title one-A of article twenty-five of this chapter, the workers' compen- 3 sation law, title three of article two of the elder law, and section 4 three hundred sixty-nine-gg of the social services law. [Nothing in this5title shall be construed to require coverage for medical marihuana under6article twenty-five of this chapter or article five of the social7services law.] 8 § 2. Section 365-a of the social services law is amended by adding a 9 new subdivision 11 to read as follows: 10 11. The commissioner may certify a dispensing site authorized under 11 title five-A of article thirty-three the public health law as a medical 12 assistance provider, solely for the purpose of dispensing medical mari- 13 huana. 14 § 3. This act shall take effect on the first of April next succeeding 15 the date on which it shall have become a law; provided that the amend- 16 ments to section 3368 of the public health law made by section one of 17 this act shall not affect the repeal of such section and shall expire 18 and be deemed repealed therewith. Effective immediately, the addition, 19 amendment and/or repeal of any rule or regulation necessary for the 20 implementation of this act on its effective date are authorized to be 21 made and completed on or before such effective date.
