S02054 Summary:

BILL NOS02054
 
SAME ASNo Same As
 
SPONSORSAVINO
 
COSPNSRBENJAMIN
 
MLTSPNSR
 
Amd 3368, Pub Health L; amd 365-a, Soc Serv L
 
Relates to providing insurance coverage for medical marihuana.
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S02054 Actions:

BILL NOS02054
 
01/22/2019REFERRED TO HEALTH
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S02054 Committee Votes:

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S02054 Floor Votes:

There are no votes for this bill in this legislative session.
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S02054 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2054
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed 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 it 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.
                                                                   LBD03876-02-9

        S. 2054                             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  the  amend-
    14  ments  to  section  3368 of the public health law made by section one of
    15  this act shall not affect the repeal of such section  and  shall  expire
    16  and  be  deemed repealed therewith.  Effective immediately the addition,
    17  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    18  implementation  of  this  act on its effective date are authorized to be
    19  made and completed on or before such date.
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