senate Bill S564

2011-2012 Legislative Session

Prohibits medicaid's use of any prior approval or preferred drug list requirement for AIDS, HIV, infection, or hepatitis C

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 05, 2011 referred to health

Co-Sponsors

S564 - Details

See Assembly Version of this Bill:
A1962
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S1093, A2049

S564 - Summary

Prohibits medicaid's use of any prior approval or preferred drug list requirement for AIDS, HIV, infection, or hepatitis C.

S564 - Sponsor Memo

S564 - Bill Text download pdf

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

                                   564

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to  establishing  a
  prohibition  on prior approval or preferred drug list requirements for
  certain drugs used to treat AIDS, HIV infection or hepatitis C

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

  Section  1. The opening paragraph of subdivision 2 of section 365-a of
the social services law, as amended by chapter 41 of the laws  of  1992,
is amended and a new subdivision 10 is added to read as follows:
  "Medical  assistance" shall mean payment of part or all of the cost of
medically necessary medical, dental  and  remedial  care,  services  and
supplies,  as authorized in this title or the regulations of the depart-
ment, which are necessary to prevent, diagnose, correct or  cure  condi-
tions in the person that cause acute suffering, endanger life, result in
illness  or  infirmity, interfere with such person's capacity for normal
activity, or threaten some significant handicap and which are  furnished
an  eligible person in accordance with this title and the regulations of
the department. Such care,  services  and  supplies  shall  include  the
following  medical  care,  services  and  supplies,  together  with such
medical care, services and supplies provided for in subdivisions  three,
four  and  five  of  this  section,  and such medical care, services and
supplies as  are  authorized  in  the  regulations  of  the  department,
NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  LAW,  SUBJECT  TO THE
PROVISIONS OF SUBDIVISION TEN OF THIS SECTION:
  10. (A) UNLESS REQUIRED BY FEDERAL LAW AND REGULATION AS  A  CONDITION
OF  QUALIFYING  FOR  FEDERAL  FINANCIAL  PARTICIPATION  IN  THE MEDICAID
PROGRAM,  THE  DEPARTMENT  OTHERWISE  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION OF LAW, SHALL NOT RESTRICT BY PRIOR AUTHORIZATION OR PREFERRED
DRUG LIST PROGRAM REQUIREMENT ANY PRESCRIPTION DRUG, INCLUDED IN CERTAIN

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

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