STATE OF NEW YORK
________________________________________________________________________
11390
IN ASSEMBLY
October 22, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
Davila, Dinowitz, D'Urso, Epstein, Hunter, Lifton, Lupardo,
M. L. Miller, Mosley, Paulin, Pellegrino, Peoples-Stokes, L. Rosen-
thal, Seawright, Simon, Hevesi, Lentol) -- read once and referred to
the Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to health coverage for medical marihuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3368 of the public health law, as added by chapter
2 90 of the laws of 2014, is amended to read as follows:
3 § 3368. Relation to other laws. 1. (a) The provisions of this article
4 shall apply to this title, except that where a provision of this title
5 conflicts with another provision of this article, this title shall
6 apply.
7 (b) Medical marihuana shall not be deemed to be a "drug" for purposes
8 of article one hundred thirty-seven of the education law. However,
9 regardless of federal financial participation, medical marihuana, when
10 dispensed under this title, shall be deemed to be (i) a "prescription
11 drug" for purposes of coverage under medical assistance under title
12 eleven of article five of the social services law (provided that the
13 dispensing site is certified under subdivision ten of section three
14 hundred sixty-five-a of the social services law), title one-A of article
15 twenty-five of this chapter, the insurance law, and the workers' compen-
16 sation law; (ii) a "covered drug" for purposes of coverage under title
17 three of article two of the elder law; and (iii) a "health care service"
18 under section three hundred sixty-nine-gg of the social services law
19 (unless the commissioner finds that this will result in the loss of
20 federal financial participation in the program under that section).
21 2. Nothing in this title shall be construed to require or prohibit an
22 insurer or health plan under this chapter or the insurance law to
23 provide coverage for medical marihuana, except that is shall be covered,
24 as provided in subdivision one of this section, by any insurer or health
25 plan under title eleven of article five of the social services law,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16589-01-8
A. 11390 2
1 title one-A of article twenty-five of this chapter, the workers' compen-
2 sation law, title three of article two of the elder law, and section
3 three hundred sixty-nine-gg of the social services law. [Nothing in this
4 title shall be construed to require coverage for medical marihuana under
5 article twenty-five of this chapter or article five of the social
6 services law.]
7 § 2. Section 365-a of the social services law is amended by adding a
8 new subdivision 10 to read as follows:
9 10. The commissioner may certify a dispensing site authorized under
10 title five-A of the public health law as a medical assistance provider,
11 solely for the purpose of dispensing medical marihuana.
12 § 3. This act shall take effect on the first of April next succeeding
13 the date on which it shall have become a law; provided that, effective
14 immediately, the commissioner of health and superintendent of financial
15 services shall make regulations and take other actions reasonably neces-
16 sary to implement this act on that date; and provided further that the
17 amendments to section 3368 of the public health law made by section one
18 of this act shall not affect the repeal of such section and shall expire
19 and be deemed repealed therewith.
