S T A T E O F N E W Y O R K
________________________________________________________________________
5564
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to medical assist-
ance for prescription drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 2 of section 365-a of the
social services law, as amended by section 1 of part F of chapter 497 of
the laws of 2008, is amended to read as follows:
(g) sickroom supplies, eyeglasses, prosthetic appliances and dental
prosthetic appliances furnished in accordance with the regulations of
the department OF HEALTH, provided that the commissioner of health is
authorized to implement a preferred diabetic supply program wherein the
department of health will receive enhanced rebates from preferred
manufacturers of glucometers and test strips, and may subject non-pre-
ferred manufacturers' glucometers and test strips to prior authorization
under section two hundred seventy-three of the public health law; drugs
provided on an in-patient basis, those drugs contained on the list
established by regulation of the commissioner of health pursuant to
subdivision four of this section, and those drugs which may not be
dispensed without a prescription as required by section sixty-eight
hundred ten of the education law and which the commissioner of health
shall determine to be reimbursable based upon such factors as the avail-
ability of such drugs or alternatives at low cost if purchased by a
medicaid recipient, or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is greater; provided further that the commissioner of health is author-
ized to require prior authorization for any refill of a prescription
when less than seventy-five percent of the previously dispensed amount
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08421-01-9
A. 5564 2
per fill should have been used were the product used as normally indi-
cated; MEDICAL ASSISTANCE FOR PRESCRIPTION DRUGS SHALL BE LIMITED TO THE
REIMBURSABLE AMOUNTS SET BY THE COMMISSIONER OF HEALTH FOR COMPARABLE
GENERIC DRUGS IF SUCH GENERIC DRUGS ARE DETERMINED TO BE AVAILABLE
THROUGHOUT THE STATE; medical assistance shall not include any drug
medical assistance shall not include any drug provided on other than an
in-patient basis for which a recipient is charged or a claim is made in
the case of a prescription drug, in excess of the maximum reimbursable
amounts to be established by department OF HEALTH regulations in accord-
ance with standards established by the secretary of the United States
department of health and human services, or, in the case of a drug not
requiring a prescription, in excess of the maximum reimbursable amount
established by the commissioner of health pursuant to paragraph (a) of
subdivision four of this section;
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.