Senate Bill S2770

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

                                  2770

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law and the social services  law,  in
  relation  to  the administration of certain nutritional supplements to
  persons residing in facilities operated or regulated by the office for
  people with developmental disabilities

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

  Section  1.  Section  13.07  of  the  mental hygiene law is amended by
adding a new subdivision (f) to read as follows:
  (F) THE OFFICE SHALL PROVIDE FOR THE ADMINISTRATION OF DIETARY SUPPLE-
MENTS FOR PERSONS RESIDING IN INTERMEDIATE FACILITIES OPERATED, LICENSED
OR REGULATED BY THE OFFICE, WHERE SUCH  SUPPLEMENTS  ARE  PRESCRIBED  AS
MEDICALLY  NECESSARY  BY  A PHYSICIAN LICENSED TO PRACTICE IN THIS STATE
AND ARE APPROVED PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-A  OF  THE
SOCIAL  SERVICES  LAW.  SUCH FACILITIES SHALL NOT BE REQUIRED TO INCLUDE
THE ADMINISTRATION OF DIETARY  SUPPLEMENTS  IN  THE  MEDICATION  REGIMEN
REVIEW REQUIRED TO BE CONDUCTED PURSUANT TO REGULATIONS OF THE OFFICE OR
RULES ADOPTED BY THE FACILITY. NO INTERMEDIATE CARE FACILITY SHALL ADOPT
RULES  PROHIBITING  THE  ADMINISTRATION  OF NUTRITIONAL SUPPLEMENTS THAT
MEET THE REQUIREMENTS OF THIS SUBDIVISION.
  S 2. Subdivision 2 of section 365-a of  the  social  services  law  is
amended by adding a new paragraph (w) to read as follows:
  (W) DIETARY SUPPLEMENTS WHICH ARE PRESCRIBED AS MEDICALLY NECESSARY BY
A PHYSICIAN LICENSED TO PRACTICE IN THIS STATE AND WHICH ARE PROVIDED TO
INDIVIDUALS   RESIDING  IN  INTERMEDIATE  CARE  FACILITIES  OPERATED  OR
LICENSED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S 3. Paragraph (a) of subdivision 4 of section  365-a  of  the  social
services  law, as amended by chapter 493 of the laws of 2010, is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06096-01-1
              

S. 2770                             2

  (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.  PROVIDED,
FURTHER,  HOWEVER,  THAT  DIETARY  SUPPLEMENTS  WHICH  ARE PRESCRIBED AS
MEDICALLY NECESSARY BY A PHYSICIAN LICENSED TO PRACTICE  IN  THIS  STATE
AND  WHICH  ARE  PROVIDED  TO  INDIVIDUALS RESIDING IN INTERMEDIATE CARE
FACILITIES OPERATED OR LICENSED BY THE OFFICE FOR PEOPLE  WITH  DEVELOP-
MENTAL  DISABILITIES,  SHALL BE REIMBURSED AS AN ITEM OF MEDICAL ASSIST-
ANCE;
  S 4. This act shall take effect immediately.