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

                                  5350

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced by M. of A. GOTTFRIED, KELLNER -- Multi-Sponsored by -- M. of
  A.  JAFFEE, McDONALD, SWEENEY -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the social services law, in relation to certain  medical
  assistance for needy persons

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

  Section 1. Subparagraph (i) of paragraph (a-1)  of  subdivision  4  of
section  365-a  of  the social services law, as amended by section 39 of
part D of chapter 56 of the laws of 2012, is amended to read as follows:
  (i) a brand name drug for which  a  multi-source  therapeutically  and
generically  equivalent drug, as determined by the federal food and drug
administration,  is  available,  unless  previously  authorized  by  the
department  of  health.  The  commissioner  of  health  is authorized to
exempt, for good cause shown, any brand name drug from the  restrictions
imposed by this subparagraph. FURTHERMORE, THE COMMISSIONER OF HEALTH IS
AUTHORIZED  TO  REVIEW  AN  APPLICATION FOR AN EXEMPTION OF A BRAND NAME
DRUG FROM THE RESTRICTIONS OF  THIS  SUBPARAGRAPH,  PROVIDED  THAT  SUCH
APPLICATION  IS  SUBMITTED WITHIN A PERIOD OF TWELVE MONTHS PRIOR TO THE
EXPIRATION OF THE PATENT OF SAID BRAND NAME DRUG;
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01535-02-3