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
________________________________________________________________________
2640
2013-2014 Regular Sessions
IN ASSEMBLY
January 17, 2013
___________
Introduced by M. of A. SCHIMMINGER, GABRYSZAK, RAIA -- Multi-Sponsored
by -- M. of A. HAWLEY, HOOPER, MAGEE -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04848-01-3
A. 2640 2
1 [(v)] (ii) any other individuals required to be excluded by federal
2 law or regulations.
3 § 2. The opening paragraph of paragraph (d) of subdivision 6 of
4 section 367-a of the social services law, as added by chapter 41 of the
5 laws of 1992, is amended to read as follows:
6 Co-payments shall apply to [the following] all services covered by
7 this title, except diagnostic services, and shall be pre-paid at the
8 time when such services are rendered, subject to such exceptions for
9 subcategories of these services as recognized by the commissioner of
10 health in regulations, provided in accordance with section three hundred
11 sixty-five-a of this [article] title and the regulations of the depart-
12 ment, to the extent permitted by title XIX of the federal social securi-
13 ty act:
14 § 3. The commissioner of health is authorized to promulgate or adopt
15 any rules or regulations necessary to implement the provisions of this
16 act and any co-payments, procedures, forms, or instructions necessary
17 for such implementation may be adopted and issued on or after the effec-
18 tive date of this act. Notwithstanding any inconsistent provision of the
19 state administrative procedure act or any other provision of law, rule
20 or regulation, the commissioner of health and the superintendent of
21 financial services and any appropriate council are authorized to adopt
22 or amend or promulgate on an emergency basis any regulation he or she or
23 such council determines necessary to implement any provision of this act
24 on its effective date.
25 § 4. This act shall take effect immediately.
