S T A T E O F N E W Y O R K
________________________________________________________________________
7997
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
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Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law and the state administrative
procedure act, in relation to additions to the list of medicaid reim-
bursable nonprescription drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 4 of section 365-a of the
social services law, as amended by chapter 77 of the laws of 1977, is
amended to read as follows:
(a) drugs which may be dispensed without a prescription as required by
section sixty-eight hundred ten of the education law; provided, however,
that the state commissioner of health may by regulation specify certain
of such drugs which may be reimbursed as an item of medical assistance
in accordance with the price schedule established by such commissioner.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ADDITIONS TO THE LIST OF
DRUGS REIMBURSABLE UNDER THIS PARAGRAPH MAY BE FILED AS REGULATIONS BY
THE COMMISSIONER OF HEALTH WITHOUT PRIOR NOTICE AND COMMENT;
S 2. Paragraph (b) of subdivision 2 of section 102 of the state admin-
istrative procedure act is amended by adding a new subparagraph (xiv) to
read as follows:
(XIV) ANY REGULATION COMPRISED SOLELY OF ONE OR MORE ADDITIONS TO THE
LIST OF NONPRESCRIPTION DRUGS REIMBURSABLE UNDER THE MEDICAID PROGRAM
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED
SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03923-01-9