Bill Text: NY S00564 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits medicaid's use of any prior approval or preferred drug list requirement for AIDS, HIV, infection, or hepatitis C.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S00564 Detail]
Download: New_York-2011-S00564-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
564
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to establishing a
prohibition on prior approval or preferred drug list requirements for
certain drugs used to treat AIDS, HIV infection or hepatitis C
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of subdivision 2 of section 365-a of
2 the social services law, as amended by chapter 41 of the laws of 1992,
3 is amended and a new subdivision 10 is added to read as follows:
4 "Medical assistance" shall mean payment of part or all of the cost of
5 medically necessary medical, dental and remedial care, services and
6 supplies, as authorized in this title or the regulations of the depart-
7 ment, which are necessary to prevent, diagnose, correct or cure condi-
8 tions in the person that cause acute suffering, endanger life, result in
9 illness or infirmity, interfere with such person's capacity for normal
10 activity, or threaten some significant handicap and which are furnished
11 an eligible person in accordance with this title and the regulations of
12 the department. Such care, services and supplies shall include the
13 following medical care, services and supplies, together with such
14 medical care, services and supplies provided for in subdivisions three,
15 four and five of this section, and such medical care, services and
16 supplies as are authorized in the regulations of the department,
17 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, SUBJECT TO THE
18 PROVISIONS OF SUBDIVISION TEN OF THIS SECTION:
19 10. (A) UNLESS REQUIRED BY FEDERAL LAW AND REGULATION AS A CONDITION
20 OF QUALIFYING FOR FEDERAL FINANCIAL PARTICIPATION IN THE MEDICAID
21 PROGRAM, THE DEPARTMENT OTHERWISE NOTWITHSTANDING ANY INCONSISTENT
22 PROVISION OF LAW, SHALL NOT RESTRICT BY PRIOR AUTHORIZATION OR PREFERRED
23 DRUG LIST PROGRAM REQUIREMENT ANY PRESCRIPTION DRUG, INCLUDED IN CERTAIN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01989-01-1
S. 564 2
1 THERAPEUTIC DRUG CLASSES, AS PRESCRIBED AND DETERMINED BY A PRESCRIBING
2 PRACTITIONER LICENSED BY THE STATE, TO BE MEDICALLY NECESSARY FOR THE
3 TREATMENT AND PREVENTION OF AIDS, HIV INFECTION, AND HEPATITIS C.
4 (B) THERAPEUTIC CLASSES CONTAINING PRESCRIPTION DRUGS WHICH SHALL BE
5 EXCLUDED FROM ANY PRIOR AUTHORIZATION OR PREFERRED DRUG LIST PROGRAM
6 REQUIREMENT PROVISIONS SHALL INCLUDE THE FOLLOWING:
7 (1) ANTI-RETROVIRAL MEDICATIONS, INCLUDING BUT NOT LIMITED TO PROTEASE
8 INHIBITORS, NON-NUCLEOSIDE REVERSE TRANSCRIPTASE INHIBITORS, NUCLEOSIDE
9 REVERSE TRANSCRIPTASE INHIBITORS, ANTI-VIRALS, AND FUSION INHIBITORS
10 PRESCRIBED FOR THE TREATMENT OF AIDS OR HIV INFECTION.
11 (2) IMMUNOMODULATORS AND HEPATITIS C-SPECIFIC ANTIVIRAL DRUGS
12 PRESCRIBED FOR THE TREATMENT OF HEPATITIS C.
13 S 2. Severability. If any clause, sentence, paragraph, section or part
14 of this act shall be adjudged by any court of competent jurisdiction to
15 be invalid and after exhaustion of all further judicial review, the
16 judgment shall not affect, impair or invalidate the remainder thereof,
17 but shall be confined in its operation to the clause, sentence, para-
18 graph, section or part of this act directly involved in the controversy
19 in which the judgment shall have been rendered.
20 S 3. This act shall take effect on the first of January next succeed-
21 ing the date on which it shall have become a law; provided that the
22 state commissioner of health is authorized to promulgate any and all
23 rules and regulations and take any other measures necessary to implement
24 this act on its effective date on or before such date.
