S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4713
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- 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 ELEVEN 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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06526-01-3
              

 A. 4713                             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 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 the amend-
 ments 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. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.