S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7246
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- 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 medication for alcohol and opioid dependence being covered
   under state medical assistance programs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 365-a of the social  services  law
 is amended by adding a new paragraph (e) to read as follows:
   (E)  ALL  UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED FORMS OF
 MEDICATION ASSISTED TREATMENT PRESCRIBED FOR THE  TREATMENT  OF  ALCOHOL
 DEPENDENCE  OR  TREATMENT OF OPIOID DEPENDENCE. SUCH MEDICATION ASSISTED
 TREATMENT SHALL NOT BE SUBJECT TO ANY  (I)  UTILIZATION  CONTROL,  OTHER
 THAN  THOSE ESTABLISHED UNDER THE AMERICAN SOCIETY OF ADDICTION MEDICINE
 PATIENT PLACEMENT CRITERIA, (II) PRIOR AUTHORIZATION MANDATE,  OR  (III)
 LIFETIME RESTRICTION LIMIT MANDATE.
   §  2.  Section 273 of the public health law is amended by adding a new
 subdivision 11 to read as follows:
   11. NO PRIOR AUTHORIZATION UNDER THE PREFERRED DRUG PROGRAM  SHALL  BE
 REQUIRED  FOR  ANY  UNITED  STATES FOOD AND DRUG ADMINISTRATION APPROVED
 FORMS OF MEDICATION ASSISTED TREATMENT PRESCRIBED FOR THE  TREATMENT  OF
 ALCOHOL  DEPENDENCE  OR  TREATMENT OF OPIOID DEPENDENCE. SUCH MEDICATION
 ASSISTED TREATMENT SHALL ALSO NOT BE  SUBJECT  TO  ANY  (I)  UTILIZATION
 CONTROL,  OTHER  THAN  THOSE  ESTABLISHED  UNDER THE AMERICAN SOCIETY OF
 ADDICTION  MEDICINE  PATIENT  PLACEMENT  CRITERIA;  OR   (II)   LIFETIME
 RESTRICTION LIMIT MANDATE.
   § 3. This act shall take effect July 1, 2019.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10713-02-9


              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7246--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the social services law and the public health law, in
   relation to medication for the treatment of substance use disorders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (gg) to read as follows:
   (GG) ALL UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED FORMS  OF
 MEDICATION ASSISTED TREATMENT PRESCRIBED ACCORDING TO GENERALLY ACCEPTED
 NATIONAL  PROFESSIONAL  GUIDELINES  FOR THE TREATMENT OF A SUBSTANCE USE
 DISORDER.  SUCH MEDICATION ASSISTED TREATMENT SHALL NOT  BE  SUBJECT  TO
 ANY PRIOR AUTHORIZATION MANDATE.
   §  2. Subdivision 26-b of section 364-j of the social services law, as
 added by section 4 of part B of chapter 69  of  the  laws  of  2016,  is
 amended to read as follows:
   26-b. Managed care providers shall not require prior authorization for
 [an  initial  or  renewal  prescription  for buprenorphine or injectable
 naltrexone  for  detoxification  or  maintenance  treatment  of   opioid
 addiction  unless  the prescription is for a non-preferred or non-formu-
 lary form of the drug or as otherwise required by section 1927(k)(6)  of
 the  Social Security Act] ANY UNITED STATES FOOD AND DRUG ADMINISTRATION
 APPROVED FORMS OF MEDICATION ASSISTED TREATMENT PRESCRIBED ACCORDING  TO
 GENERALLY ACCEPTED NATIONAL PROFESSIONAL GUIDELINES FOR THE TREATMENT OF
 A SUBSTANCE USE DISORDER.
   §  3. Subdivision 10 of section 273 of the public health law, as added
 by section 5 of part B of chapter 69 of the laws of 2016, is amended  to
 read as follows:
   10.  Prior  authorization  shall  not  be  required for [an initial or
 renewal prescription for  buprenorphine  or  injectable  naltrexone  for

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10713-03-9

 A. 7246--A                          2

 detoxification  or  maintenance treatment of opioid addiction unless the
 prescription is for a non-preferred or non-formulary form of  such  drug
 as  otherwise required by section 1927(k)(6) of the Social Security Act]
 ANY UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED FORMS OF MEDICA-
 TION  ASSISTED  TREATMENT  PRESCRIBED  ACCORDING  TO  GENERALLY ACCEPTED
 NATIONAL PROFESSIONAL GUIDELINES FOR THE TREATMENT OF  A  SUBSTANCE  USE
 DISORDER.
   §  4. This act shall take effect July 1, 2019; provided, however, that
 the amendments to subdivision  26-b  of  section  364-j  of  the  social
 services law made by section two of this act shall not affect the repeal
 of such section, and shall be deemed repealed therewith.