NY State Senate Bill 2023-S5812

Senate Bill S5812

2023-2024 Legislative Session

Relates to determining whether the state can claim federal financial participation for coverage of and payment for certain evidence-based mobile medical applications

download bill text pdf

Current Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 17, 2023	referred to health

2023-S5812 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Medical Assistance
Versions Introduced in 2021-2022 Legislative Session:: S6306

2023-S5812 (ACTIVE) - Summary

Directs the department of health to 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 certain evidence-based mobile medical applications.

2023-S5812 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5812

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

Determines whether the state can claim federal financial participation
for coverage of and payment for certain evidence-based mobile medical
applications

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative findings.

Section 2 provides that no later than 30 days from the effective date
the 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 certain
evidence-based mobile medical applications approved by the food and drug
administration to treat substance use and opioid use disorders.

Section 3 states the effective date.

 
JUSTIFICATION:

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
traditional prescription drugs with one distinction: rather than swal-
lowing a pill or taking an injection, patients are treated with soft-
ware. Certain evidence-based mobile medical applications provide clini-
cians 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 mobile medical
applications.

In light of the promise of evidence-based smartphone apps for the treat-
ment of patients with substance use and opioid use disorders following
the coronavirus pandemic, this legislation would require that the New
York state department of health seek guidance from the Centers for Medi-
care 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.

 
LEGISLATIVE HISTORY:

2021-2022: S6306: Died in Health
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5812 (ACTIVE) - Bill Text download pdf

                             
                     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.

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