S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2049

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. JOHN, O'DONNELL, PEOPLES, JACOBS, MILLMAN, ROBIN-
  SON,  PERRY, LAVINE, ESPAILLAT -- Multi-Sponsored by -- M. of A. COOK,
  DIAZ, FARRELL, FIELDS, GREENE, GUNTHER,  HOOPER,  McENENY,  N. RIVERA,
  SCARBOROUGH, TITUS, TOWNS, WEISENBERG -- read once and referred to the
  Committee on Social Services

AN  ACT  to amend the social services law, in relation to establishing a
  prohibition on prior approval or preferred drug list requirements  for
  certain drugs used to treat AIDS, HIV infection or hepatitis C

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 2 of section 365-a  of
the  social  services law, as amended by chapter 41 of the laws of 1992,
is amended and a new subdivision 8 is added to read as follows:
  "Medical assistance" shall mean payment of part or all of the cost  of
medically  necessary  medical,  dental  and  remedial care, services and
supplies, as authorized in this title or the regulations of the  depart-
ment,  which  are necessary to prevent, diagnose, correct or cure condi-
tions in the person that cause acute suffering, endanger life, result in
illness or infirmity, interfere with such person's capacity  for  normal
activity,  or threaten some significant handicap and which are furnished
an eligible person in accordance with this title and the regulations  of
the  department.  Such  care,  services  and  supplies shall include the
following medical  care,  services  and  supplies,  together  with  such
medical  care, services and supplies provided for in subdivisions three,
four and five of this section,  and  such  medical  care,  services  and
supplies  as  are  authorized  in  the  regulations  of  the department,
NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF  LAW,  SUBJECT  TO  THE
PROVISIONS OF SUBDIVISION EIGHT OF THIS SECTION:
  8. (A) UNLESS REQUIRED BY FEDERAL LAW AND REGULATION AS A CONDITION OF
QUALIFYING  FOR FEDERAL FINANCIAL PARTICIPATION IN THE MEDICAID PROGRAM,
THE DEPARTMENT OTHERWISE NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04740-01-9
              

A. 2049                             2

LAW,  SHALL  NOT  RESTRICT BY PRIOR AUTHORIZATION OR PREFERRED DRUG LIST
PROGRAM REQUIREMENT ANY PRESCRIPTION DRUG, INCLUDED IN CERTAIN THERAPEU-
TIC DRUG CLASSES, AS PRESCRIBED AND DETERMINED BY A PRESCRIBING  PRACTI-
TIONER  LICENSED  BY THE STATE, TO BE MEDICALLY NECESSARY FOR THE TREAT-
MENT AND PREVENTION OF AIDS, HIV INFECTION, AND HEPATITIS C.
  (B) THERAPEUTIC CLASSES CONTAINING PRESCRIPTION DRUGS WHICH  SHALL  BE
EXCLUDED  FROM  ANY  PRIOR  AUTHORIZATION OR PREFERRED DRUG LIST PROGRAM
REQUIREMENT PROVISIONS SHALL INCLUDE THE FOLLOWING:
  (1) ANTI-RETROVIRAL MEDICATIONS, INCLUDING BUT NOT LIMITED TO PROTEASE
INHIBITORS, NON-NUCLEOSIDE REVERSE TRANSCRIPTASE INHIBITORS,  NUCLEOSIDE
REVERSE  TRANSCRIPTASE  INHIBITORS,  ANTI-VIRALS,  AND FUSION INHIBITORS
PRESCRIBED FOR THE TREATMENT OF AIDS OR HIV INFECTION.
  (2)  IMMUNOMODULATORS  AND  HEPATITIS   C-SPECIFIC   ANTIVIRAL   DRUGS
PRESCRIBED FOR THE TREATMENT OF HEPATITIS C.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
state commissioner of health is authorized to  promulgate  any  and  all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.