NY State Senate Bill 2023-S6910A

Senate Bill S6910A

2023-2024 Legislative Session

Provides for funding associated with the transition of the pharmacy benefit in the medical assistance program

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2024	reported and committed to finance
May 10, 2024	print number 6910a
May 10, 2024	amend and recommit to health
Jan 03, 2024	referred to health
May 23, 2023	reported and committed to finance
May 15, 2023	referred to health

Votes

- May 21, 2024 - Health Committee Vote
  S6910A
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 21, 2024
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb
  May 23, 2023 - Health Committee Vote
  S6910A
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2023
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6910 - Details

Current Committee:: Senate Finance
Law Section:: Social Services

2023-S6910 - Summary

Provides for funding associated with the transition of the pharmacy benefit in the medical assistance program to support 340B covered entities and to offset the financial losses to all comprehensive HIV special needs plans.

2023-S6910 - Sponsor Memo

                                 
BILL NUMBER: S6910

SPONSOR: RIVERA
 
TITLE OF BILL:

An act in relation to providing for funding associated with the transi-
tion of the pharmacy benefit in the medical assistance program

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure the continuity of funding to support 340B providers and HIV
Special Needs Plans (SNPs).

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Governor to include $775 million in funding,
adjusted for inflation, in future budgets to support 340B covered enti-
ties. The bill would also require the Governor to include funding in
future budgets in an amount necessary for HIV SNPs to maintain their
operational requirements.

JUSTIFICATION:

Many 340B entities are community based providers that are operating with
slim margins in order to maximize the delivery of healthcare services
they are providing to their patients, which often include vulnerable
members of the public. The Medicaid pharmacy transition had the effect
of eliminating the 340B program for Medicaid patients.  This created a
significant financial liability for many of these providers. The SFY
2023-24 enacted budget contained resources to help these entities offset
anticipated financial losses.

HIV Special Needs Plans (SNPs) provide services to individuals living
with HIV, as well as certain homeless and transgender individuals.
Because much of the health benefit under these plans was pharmaceutical
in nature, the transition of the pharmacy benefit from managed care to
fee-for-service (FFS) resulted in HIV SNPs losing a large portion of
operating funds that they relied on to ensure financial stability for
their operations.

This bill will ensure the financial commitment by the state, as enacted
in the SFY 2023-24 budget, will be enshrined in law to guarantee funding
support for the critical services provided by these entities moving
forward.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
The bill is deemed to have been in full force and effect on and after
April 1, 2023.

2023-S6910 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6910
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT in relation to providing for funding associated with the  transi-
   tion of the pharmacy benefit in the medical assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Notwithstanding any law to the contrary, in establishing
 an executive budget pursuant to article VII of the  state  constitution,
 the  governor shall include additional funding in an amount no less than
 $775,000,000 adjusted by the medical component  of  the  consumer  price
 index  as  published by the United States department of labor, bureau of
 labor statistics beginning in calendar year 2024 and annually  thereaft-
 er.  This  amount  shall  include any applicable federal funding.   Such
 funding shall be used to support 340B covered entities,  as  defined  by
 the federal public health service act (42 U.S.C § 256b), that lost fund-
 ing  associated  with  the  transition  of  the  pharmacy benefit in the
 medical assistance program (Medicaid) established pursuant to  part  FFF
 of chapter 56 of the laws of 2020. Such amounts shall not be conditioned
 beyond  requirements:  (a)  for  participation in the medical assistance
 program established pursuant to title eleven of article 5 of the  social
 services  law;  or  (b)  under applicable federal law, including but not
 limited to the federal public health service act (42 U.S.C § 256b).
   2. Notwithstanding any law to the contrary, in establishing an  execu-
 tive  budget  pursuant  to  article  VII  of the state constitution, the
 governor shall include  additional  funding  sufficient  to  offset  the
 financial  losses to all comprehensive HIV special needs plans certified
 pursuant to section 4403-c of the public health law associated with  the
 transition  of  the  pharmacy  benefit in the medical assistance program
 (Medicaid) established pursuant to part FFF of chapter 56 of the laws of
 2020. The amount of such funding shall be  sufficient  to  maintain  the
 operational  requirements  of  these  plans.  Such  amounts shall not be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11200-01-3

 S. 6910                             2
 
 conditioned beyond requirements: (a) for participation  in  the  medical
 assistance  program established pursuant to title eleven of article 5 of
 the social services law; or (b) under applicable federal law.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

co-Sponsors

2023-S6910A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services

2023-S6910A (ACTIVE) - Summary

2023-S6910A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6910A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act in relation to providing for funding associated with the transi-
tion of the pharmacy benefit in the medical assistance program

 
PURPOSE OR GENERAL IDEA OF BILL::

To ensure the continuity of funding to support 340B providers and HIV
Special Needs Plans (SNPs).

 
SUMMARY OF SPECIFIC PROVISIONS::

This bill would require the Governor to include $775 million in funding,
adjusted for inflation, in future budgets to support 340B covered enti-
ties. The bill would also require the Governor to include funding in
future budgets in an amount necessary for HIV SNPs to maintain their
operational requirements.

JUSTIFICATION::

Many 340B entities are community based providers that are operating with
slim margins in order to maximize the delivery of healthcare services
they are providing to their patients, which often include vulnerable
members of the public. The Medicaid pharmacy transition had the effect
of eliminating the 340B program for Medicaid patients.  This created a
significant financial liability for many of these providers. The SFY
2023-24 and SFY 2024-25 enacted budgets contained resources to help
these entities offset anticipated financial losses.

HIV Special Needs Plans (SNPs) provide services to individuals living
with HIV, as well as certain homeless and transgender individuals.
Because much of the health benefit under these plans was pharmaceutical
in nature, the transition of the pharmacy benefit from managed care to
fee-for-service (FFS) resulted in HIV SNPs losing a large portion of
operating funds that they relied on to ensure financial stability for
their operations.

This bill will ensure the financial commitment by the state, as enacted
in the SFY 2023-24 budget, will be enshrined in law to guarantee funding
support for the critical services provided by these entities moving
forward.

 
PRIOR LEGISLATIVE HISTORY::

2023: S6910 (Rivera) - Reported to Finance

 
FISCAL IMPLICATIONS::

Undetermined.

 
EFFECTIVE DATE::

Immediate.

2023-S6910A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6910--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by Sens. RIVERA, BROUK, MAY -- read twice and ordered print-
   ed, and when printed to be committed to the  Committee  on  Health  --
   recommitted  to the Committee on Health in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT in relation to providing for funding associated with the transi-
   tion of the pharmacy benefit in the medical assistance program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Notwithstanding any law to the contrary, in establishing
 an  executive  budget pursuant to article VII of the state constitution,
 the governor shall include additional funding in an amount no less  than
 $775,000,000  adjusted  by  the  medical component of the consumer price
 index as published by the United States department of labor,  bureau  of
 labor  statistics beginning in calendar year 2024 and annually thereaft-
 er. This amount shall include any  applicable  federal  funding.    Such
 funding  shall  be  used to support 340B covered entities, as defined by
 the federal public health service act (42  U.S.C.  §  256b),  that  lost
 funding  associated  with  the transition of the pharmacy benefit in the
 medical assistance program (Medicaid) established pursuant to  part  FFF
 of chapter 56 of the laws of 2020. Such amounts shall not be conditioned
 beyond  requirements:  (a)  for  participation in the medical assistance
 program established pursuant to title eleven of article 5 of the  social
 services  law;  or  (b)  under applicable federal law, including but not
 limited to the federal public health service act (42 U.S.C. § 256b).
   2. Notwithstanding any law to the contrary, in establishing an  execu-
 tive  budget  pursuant  to  article  VII  of the state constitution, the
 governor shall include  additional  funding  sufficient  to  offset  the
 financial  losses to all comprehensive HIV special needs plans certified
 pursuant to section 4403-c of the public health law associated with  the
 transition  of  the  pharmacy  benefit in the medical assistance program
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11200-02-4

 S. 6910--A                          2
 
 (Medicaid) established pursuant to part FFF of chapter 56 of the laws of
 2020. The amount of such funding shall be  sufficient  to  maintain  the
 operational  requirements  of  these  plans.  Such  amounts shall not be
 conditioned  beyond  requirements:  (a) for participation in the medical
 assistance program established pursuant to title eleven of article 5  of
 the social services law; or (b) under applicable federal law.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6910A

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Samra G. Brouk

Rachel May

2023-S6910 - Details

2023-S6910 - Summary

2023-S6910 - Sponsor Memo

2023-S6910 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

Rachel May

2023-S6910A (ACTIVE) - Details

2023-S6910A (ACTIVE) - Summary

2023-S6910A (ACTIVE) - Sponsor Memo

2023-S6910A (ACTIVE) - Bill Text download pdf

Comments