Assembly Bill A2843

2019-2020 Legislative Session

Relates to prescription drugs in Medicaid managed care programs; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A2843 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Add §365-i, rpld §364-j subs 25 & 25-a, Soc Serv L; amd §§2511, 270 & 272, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2335
2015-2016: A1174
2017-2018: A700
2021-2022: A4123

2019-A2843 (ACTIVE) - Summary

Requires Medicaid managed care, and Child Health Plus plans to adopt the procedural protections of the Preferred Drug Program, including "prescriber prevails," for all drugs.

2019-A2843 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2843
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ, ARROYO, AUBRY, ABBATE, BENEDETTO,
   JAFFEE, ABINANTI, RAIA,  MAGNARELLI,  PERRY,  PAULIN,  PEOPLES-STOKES,
   GOTTFRIED  --  Multi-Sponsored  by  -- M. of A. GIGLIO, GLICK, LAVINE,
   LENTOL, LIFTON, LUPARDO, SIMON, THIELE -- read once  and  referred  to
   the Committee on Health

 AN  ACT  to  amend the social services law and the public health law, in
   relation to prescription drugs in Medicaid managed care programs;  and
   to  repeal  certain provisions of the social services law, relating to
   payments for prescription drugs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 365-i to read as follows:
   § 365-I. PRESCRIPTION DRUGS IN MEDICAID MANAGED  CARE  PROGRAMS.    1.
 DEFINITIONS.  AS  USED  IN  THIS  SECTION,  UNLESS  THE  CONTEXT CLEARLY
 REQUIRES OTHERWISE:
   (A) "ARTICLE" MEANS TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER  WITH
 RESPECT  TO  THE  MEDICAL ASSISTANCE PROGRAM, AND TITLE ONE-A OF ARTICLE
 TWENTY-FIVE OF THE PUBLIC HEALTH LAW WITH RESPECT TO  THE  CHILD  HEALTH
 INSURANCE PLAN.
   (B)  "CLINICAL  DRUG  REVIEW  PROGRAM"  MEANS THE CLINICAL DRUG REVIEW
 PROGRAM UNDER SECTION TWO HUNDRED SEVENTY-FOUR OF THE PUBLIC HEALTH LAW.
   (C) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL  CONDITION  AS
 DETERMINED  BY  THE  PRESCRIBER  OR  PHARMACIST,  THE  ONSET OF WHICH IS
 SUDDEN, THAT  MANIFESTS  ITSELF  BY  SYMPTOMS  OF  SUFFICIENT  SEVERITY,
 INCLUDING  SEVERE  PAIN,  AND  FOR  WHICH  DELAY  IN BEGINNING TREATMENT
 PRESCRIBED BY THE PATIENT'S HEALTH CARE PRACTITIONER WOULD RESULT IN:
   (I) PLACING THE HEALTH OR SAFETY OF THE  PERSON  AFFLICTED  WITH  SUCH
 CONDITION OR OTHER PERSON OR PERSONS IN SERIOUS JEOPARDY;
   (II) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNCTIONS;
   (III) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH PERSON;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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