Bill Text: NY S04290 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for increasing the applicability of brand name and generic prescription drugs and other medical services, except diagnostic services, co-payments for medicaid recipients.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-22 - PRINT NUMBER 4290A [S04290 Detail]

Download: New_York-2015-S04290-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4290
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2015
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- 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 medicaid co-pay-
         ments for prescription drugs and other services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of  subdivision 6 of section 367-a of the
    2  social services law, as added by chapter 41 of the laws of 1992, subpar-
    3  agraph (iii) as amended by chapter 843 of the laws of 1992 and  subpara-
    4  graph  (iv) as amended by section 40 of part C of chapter 58 of the laws
    5  of 2005, is amended to read as follows:
    6    (b) Co-payments shall apply to all eligible persons for  the  services
    7  defined in paragraph (d) of this subdivision with the exception of:
    8    (i) [individuals under twenty-one years of age;
    9    (ii) pregnant women;
   10    (iii)]  individuals  who are inpatients in a medical facility who have
   11  been required to spend all of their  income  for  medical  care,  except
   12  their  personal needs allowance or residents of community based residen-
   13  tial facilities licensed by the office of mental health or the office of
   14  mental retardation and developmental disabilities who have been required
   15  to spend all of their income, except their personal needs allowance;
   16    [(iv) individuals enrolled  in  health  maintenance  organizations  or
   17  other  entities  which  provide  comprehensive health services, or other
   18  managed care programs for services covered by such programs, except that
   19  such persons, other than persons  otherwise  exempted  from  co-payments
   20  pursuant  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph,
   21  and other than those persons  enrolled  in  a  managed  long  term  care
   22  program,  shall  be  subject to co-payments as described in subparagraph
   23  (v) of paragraph (d) of this subdivision;] and
   24    [(v)] (II) any other individuals required to be  excluded  by  federal
   25  law or regulations.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09435-01-5
       S. 4290                             2
    1    S  2.  The  opening  paragraph  of  paragraph  (d) of subdivision 6 of
    2  section 367-a of the social services law, as added by chapter 41 of  the
    3  laws of 1992, is amended to read as follows:
    4    Co-payments  shall  apply  to  [the following] ALL services COVERED BY
    5  THIS TITLE, EXCEPT DIAGNOSTIC SERVICES, AND SHALL  BE  PRE-PAID  AT  THE
    6  TIME  WHEN  SUCH  SERVICES  ARE RENDERED, subject to such exceptions for
    7  subcategories of these services as recognized  by  the  commissioner  OF
    8  HEALTH in regulations, provided in accordance with section three hundred
    9  sixty-five-a  of this [article] TITLE and the regulations of the depart-
   10  ment, to the extent permitted by title XIX of the federal social securi-
   11  ty act:
   12    S 3. The commissioner of health is authorized to promulgate  or  adopt
   13  any  rules  or regulations necessary to implement the provisions of this
   14  act and any co-payments, procedures, forms,  or  instructions  necessary
   15  for such implementation may be adopted and issued on or after the effec-
   16  tive date of this act. Notwithstanding any inconsistent provision of the
   17  state  administrative  procedure act or any other provision of law, rule
   18  or regulation, the commissioner of  health  and  the  superintendent  of
   19  financial  services  and any appropriate council are authorized to adopt
   20  or amend or promulgate on an emergency basis any regulation he or she or
   21  such council determines necessary to implement any provision of this act
   22  on its effective date.
   23    S 4. This act shall take effect immediately.