Provides for increasing the applicability of brand name and generic prescription drug and other medical services, except diagnostic services, co-payments for medicaid recipients.
STATE OF NEW YORK
________________________________________________________________________
3221
2011-2012 Regular Sessions
IN SENATE
February 14, 2011
___________
Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print-
ed, 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.
LBD02601-01-1
S. 3221 2
1 § 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 § 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 insurance and any appropriate council are authorized to adopt or amend
20 or promulgate on an emergency basis any regulation he or she or such
21 council determines necessary to implement any provision of this act on
22 its effective date.
23 § 4. This act shall take effect immediately; provided, however, that
24 the amendments to paragraphs (b) and (d) of subdivision 6 of section
25 367-a of the social services law made by sections one and two of this
26 act shall not affect the repeal of such paragraphs and shall be deemed
27 repealed therewith.
