S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11390
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. Section 3368 of the public health law, as added by chapter
 90 of the laws of 2014, is amended to read as follows:
   § 3368. Relation to other laws. 1. (a) The provisions of this  article
 shall  apply  to this title, except that where a provision of this title
 conflicts with another provision  of  this  article,  this  title  shall
 apply.
   (b)  Medical marihuana shall not be deemed to be a "drug" for purposes
 of article one hundred thirty-seven of  the  education  law.    HOWEVER,
 REGARDLESS  OF  FEDERAL FINANCIAL PARTICIPATION, MEDICAL MARIHUANA, WHEN
 DISPENSED UNDER THIS TITLE, SHALL BE DEEMED TO BE  (I)  A  "PRESCRIPTION
 DRUG"  FOR  PURPOSES  OF  COVERAGE  UNDER MEDICAL ASSISTANCE UNDER TITLE
 ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES  LAW  (PROVIDED  THAT  THE
 DISPENSING  SITE  IS  CERTIFIED  UNDER  SUBDIVISION TEN OF SECTION THREE
 HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW), TITLE ONE-A OF ARTICLE
 TWENTY-FIVE OF THIS CHAPTER, THE INSURANCE LAW, AND THE WORKERS' COMPEN-
 SATION LAW; (II) A "COVERED DRUG" FOR PURPOSES OF COVERAGE  UNDER  TITLE
 THREE OF ARTICLE TWO OF THE ELDER LAW; AND (III) A "HEALTH CARE SERVICE"
 UNDER  SECTION  THREE  HUNDRED  SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW
 (UNLESS THE COMMISSIONER FINDS THAT THIS WILL  RESULT  IN  THE  LOSS  OF
 FEDERAL FINANCIAL PARTICIPATION IN THE PROGRAM UNDER THAT SECTION).
   2.  Nothing in this title shall be construed to require OR PROHIBIT an
 insurer or health plan under  this  chapter  or  the  insurance  law  to
 provide coverage for medical marihuana, EXCEPT THAT IS SHALL BE COVERED,
 AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, BY ANY INSURER OR HEALTH
 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
 
 TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, THE WORKERS' COMPEN-
 SATION LAW, TITLE THREE OF ARTICLE TWO OF THE  ELDER  LAW,  AND  SECTION
 THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW. [Nothing in this
 title shall be construed to require coverage for medical marihuana under
 article  twenty-five  of  this  chapter  or  article  five of the social
 services law.]
   § 2. Section 365-a of the social services law is amended by  adding  a
 new subdivision 10 to read as follows:
   10.  THE  COMMISSIONER  MAY CERTIFY A DISPENSING SITE AUTHORIZED UNDER
 TITLE FIVE-A OF THE PUBLIC HEALTH LAW AS A MEDICAL ASSISTANCE  PROVIDER,
 SOLELY FOR THE PURPOSE OF DISPENSING MEDICAL MARIHUANA.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law; provided  that,  effective
 immediately,  the commissioner of health and superintendent of financial
 services shall make regulations and take other actions reasonably neces-
 sary to implement this act on that date; and provided further  that  the
 amendments  to section 3368 of the public health law made by section one
 of this act shall not affect the repeal of such section and shall expire
 and be deemed repealed therewith.