Amd §§365-a & 364-j, Soc Serv L; amd §273, Pub Health L
Prohibits Medicaid service providers from requiring prior authorization for antiretroviral prescription drugs for the treatment or prevention of the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
STATE OF NEW YORK
________________________________________________________________________
10458
IN SENATE
May 15, 2026
___________
Introduced by Sens. BOTTCHER, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to prohibiting Medicaid from requiring prior authorization
for HIV medication
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (g-1) of subdivision 2 of section 365-a of the
2 social services law, as amended by section 9 of part D of chapter 57 of
3 the laws of 2017, is amended to read as follows:
4 (g-1) drugs provided on an in-patient basis, those drugs contained on
5 the list established by regulation of the commissioner of health pursu-
6 ant to subdivision four of this section, and those drugs which may not
7 be dispensed without a prescription as required by section sixty-eight
8 hundred ten of the education law and which the commissioner of health
9 shall determine to be reimbursable based upon such factors as the avail-
10 ability of such drugs or alternatives at low cost if purchased by a
11 medicaid recipient, or the essential nature of such drugs as described
12 by such commissioner in regulations, provided, however, that such drugs,
13 exclusive of long-term maintenance drugs, shall be dispensed in quanti-
14 ties no greater than a thirty day supply or one hundred doses, whichever
15 is greater; provided further that the commissioner of health is author-
16 ized to require prior authorization for any refill of a prescription
17 when more than a ten day supply of the previously dispensed amount
18 should remain were the product used as normally indicated, or in the
19 case of a controlled substance, as defined in section thirty-three
20 hundred two of the public health law, when more than a seven day supply
21 of the previously dispensed amount should remain were the product used
22 as normally indicated; provided further that the commissioner of health
23 is authorized to require prior authorization of prescriptions of opioid
24 analgesics in excess of four prescriptions in a thirty-day period in
25 accordance with section two hundred seventy-three of the public health
26 law; provided further that the commissioner of health shall not require
27 prior authorization of antiretroviral prescription drugs for the treat-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00020-01-5
S. 10458 2
1 ment or prevention of the human immunodeficiency virus (HIV) or acquired
2 immunodeficiency syndrome (AIDS); medical assistance shall not include
3 any drug provided on other than an in-patient basis for which a recipi-
4 ent is charged or a claim is made in the case of a prescription drug, in
5 excess of the maximum reimbursable amounts to be established by depart-
6 ment regulations in accordance with standards established by the secre-
7 tary of the United States department of health and human services, or,
8 in the case of a drug not requiring a prescription, in excess of the
9 maximum reimbursable amount established by the commissioner of health
10 pursuant to paragraph (a) of subdivision four of this section;
11 § 2. Section 364-j of the social services law is amended by adding a
12 new subdivision 26-d to read as follows:
13 26-d. Managed care providers shall not require prior authorization for
14 any antiretroviral prescription drugs for the treatment or prevention of
15 the human immunodeficiency virus (HIV) or acquired immunodeficiency
16 syndrome (AIDS).
17 § 3. Section 273 of the public health law is amended by adding a new
18 subdivision 11 to read as follows:
19 11. Prior authorization shall not be required for antiretroviral
20 prescription drugs prescribed to a person in a state public health plan
21 for the treatment or prevention of the human immunodeficiency virus
22 (HIV) or acquired immunodeficiency syndrome (AIDS).
23 § 4. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law; provided, however, that the amendments to
25 section 364-j of the social services law made by section two of this act
26 shall not affect the repeal of such section and shall be deemed repealed
27 therewith.
