S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    242
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, DAVILA, DINOWITZ, EPSTEIN, HUNTER,
   LUPARDO, M. MILLER, PAULIN, PEOPLES-STOKES,  L. ROSENTHAL,  SEAWRIGHT,
   SIMON,  SAYEGH,  DARLING  --  Multi-Sponsored by -- M. of A. HEVESI --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00232-01-1

 A. 242                              2
 
 provide coverage for medical marihuana, EXCEPT THAT IT 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
 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 11 to read as follows:
   11. THE COMMISSIONER MAY CERTIFY A DISPENSING  SITE  AUTHORIZED  UNDER
 TITLE  FIVE-A OF ARTICLE THIRTY-THREE THE PUBLIC HEALTH LAW AS A MEDICAL
 ASSISTANCE PROVIDER, SOLELY FOR THE PURPOSE OF DISPENSING MEDICAL  MARI-
 HUANA.
   §  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.