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Assembly Bill A5038

2011-2012 Legislative Session

Provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella

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Archive: Last Bill Status - In Senate Committee Health Committee

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2011-A5038 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd ยง365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6673
2013-2014: A5350
2015-2016: A2308

2011-A5038 (ACTIVE) - Summary

Provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella.

2011-A5038 (ACTIVE) - Bill Text download pdf 

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

                                  5038

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

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

AN  ACT  to amend the social service 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  46  of
part C of chapter 58 of the laws of 2009, 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.  This  subparagraph
shall  not  apply to any drug that is in a therapeutic class included on
the preferred drug list under section two  hundred  seventy-two  of  the
public  health  law  or  is  in  the  clinical drug review program under
section two hundred seventy-four of the public health law;
  S 2. This act shall take effect immediately,  provided  however,  that
the amendment to subparagraph (i) of paragraph (a-1) of subdivision 4 of
section 365-a of the social services law made by section one of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02513-01-1

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