Senate Bill S5812

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5812
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT in relation to determining whether the state  can  claim  federal
   financial  participation  for  coverage  of  and  payment  for certain
   evidence-based mobile medical applications

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  declaration.  Within the past
 decade, it has become clear more needs to be done for New  Yorkers  with
 substance  use  disorders.  From  2010 to 2021, the number of fatal drug
 overdoses in New York state alone increased from 1,557  to  5,841.  This
 problem  was  only  exacerbated  by  the  COVID-19 pandemic, which was a
 relapse and addiction  catalyst  for  many  individuals.  Evidence-based
 smartphone  apps  are new, software-based disease treatments designed to
 directly treat disease, tested for safety  and  efficacy  in  randomized
 clinical  trials, evaluated by  the FDA,  and  prescribed  by healthcare
 providers. These  therapies  are designed and tested  much  like  tradi-
 tional prescription  drugs  with  one distinction: rather  than swallow-
 ing  a pill  or taking an injection, patients are treated with software.
 Certain    evidence-based    smartphone  apps   provide   clinicians and
 patients  with  evidence-based  remote  treatment  modalities  to  treat
 substance    and  opioid    use  disorders, mental health,   and   other
 diseases and conditions. However, there is no  clear  statutory  benefit
 category  to allow Medicaid coverage for evidence-based smartphone apps.
 In light of the promise of  evidence-based  smartphone apps   for    the
 treatment    of  patients  with  substance  use and opioid use disorders
 during  the  COVID-19 pandemic,  this  legislation   would require  that
 the  New  York state department of health seek guidance from the Centers
 for Medicare and Medicaid Services  relative    to    a    coverage  and
 reimbursement    pathway for evidence-based smartphone apps, in order to
 accelerate access to such therapies for enrollees.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06394-02-3
              

 S. 5812                             2
 
   § 2. No later than 30 days from the effective date of  this  act,  the
 New  York  state  department  of  health shall request guidance from the
 Centers for Medicare and Medicaid  Services  to  determine  whether  the
 state  can  claim  federal  financial  participation for coverage of and
 payment  for  evidence-based mobile medical applications approved by the
 food and drug administration to  treat  substance  use  and  opioid  use
 disorders.
   § 3. This act shall take effect immediately.