NY State Senate Bill 2017-S9189

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 02, 2018	referred to rules

co-Sponsors

2017-S9189 (ACTIVE) - Details

See Assembly Version of this Bill:: A11390
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §3368, Pub Health L; amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2054, A2824
2021-2022: A242
2023-2024: A4713

2017-S9189 (ACTIVE) - Summary

Relates to providing insurance coverage for medical marihuana.

2017-S9189 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9189

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the public health law and the social
services law, in relation to health coverage for medical marihuana

 
PURPOSE:

To add coverage of medical marijuana to public insurance programs and
clarify that it may be covered by private insurance.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Public Health Law § 3368 to deem medical marijuana a
"prescription drug," "covered drug," or "health care service" as neces-
sary to authorize coverage under the Medicaid, Child Health Plus, Elder-
ly Pharmaceutical Insurance Coverage (EPIC), Essential Plan programs,
workers compensation, and clarify that it may be covered as a
prescription drug under commercial insurance coverage.  Health plans are
not required to cover medical marijuana, unless they are providing it
under one of the public health coverage plans. This would be regardless

of whether there is federal financial participation in coverage for the
product.

Section 2: Authorizes the commissioner to certify medical marijuana
dispensing sites as Medicaid providers solely for the purpose of
dispensing medical marijuana

Section 3: Effective date: April 1 after it becomes a law.

 
JUSTIFICATION:

For thousands of patients, medical marijuana is a safer and more effec-
tive medication than other drugs, especially opioids. While it can be
prohibitively expensive for many patients, especially in the absence of
insurance coverage, it may often be less expensive than what their
insurance coverage pays for other medications. Cost is the primary
barrier to patient access in New York's medical marijuana program. Medi-
caid, other public health plans, and commercial health insurance plans
do not cover medical marijuana, forcing patients to pay out of pocket.
Some patients begin treatment only to stop due to inability to pay,
while others turn to the black market. Efforts by registered organiza-
tions to offer discounts have helped, but are inadequate for many low-
income patients.

Access to medical marijuana should not be limited to those who can pay
out of pocket. This bill adds medical marijuana to four publicly-funded
health programs - Medicaid, Child Health Plus, workers compensation, and
EPIC - and the heavily publicly funded Essential Plan. For Medicaid and
Child Health Plus, there would presumably not be federal matching funds
until the federal government changes its policies, but New York's Medi-
caid and Child Health Plus programs have always covered people and
services for which we do not receive federal match.

For commercial insurance plans, coverage of medical marijuana would be
optional. However, if the plan is providing coverage under the public
health plans, such as Medicaid managed care plans, managed long-term
care plans, Child Health Plus plans, or the Essential Plan, medical
marijuana would be required to be covered.
The Commissioner of Health is authorized to certify medical marijuana
dispensaries as Medicaid providers solely for the purpose of dispensing
medical marijuana (i.e. they can't sell other drugs or provide other
Medicaid services.)

For the EPIC program, medical marijuana would be added to the drugs the
State currently covers (medical marijuana is excluded from Medicare Part
D).

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined to the extent medical marijuana displaces other
prescription drugs, there could be substantial savings.

 
EFFECTIVE DATE:
April 1 succeeding the date on which it shall have become law

2017-S9189 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9189
 
                             I N  S E N A T E
 
                             November 2, 2018
                                ___________
 
 Introduced  by Sens. SAVINO, BENJAMIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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,
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16589-01-8

 S. 9189                             2

 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.

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Senate Bill S9189

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2017-S9189 (ACTIVE) - Details

2017-S9189 (ACTIVE) - Summary

2017-S9189 (ACTIVE) - Sponsor Memo

2017-S9189 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9189

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Brian Benjamin

2017-S9189 (ACTIVE) - Details

2017-S9189 (ACTIVE) - Summary

2017-S9189 (ACTIVE) - Sponsor Memo

2017-S9189 (ACTIVE) - Bill Text download pdf

Comments