S T A T E O F N E W Y O R K
________________________________________________________________________
2640
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. SCHIMMINGER, GABRYSZAK, RAIA -- Multi-Sponsored
by -- M. of A. HAWLEY, HOOPER, MAGEE -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to medicaid co-pay-
ments for prescription drugs and other services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 6 of section 367-a of the
social services law, as added by chapter 41 of the laws of 1992, subpar-
agraph (iii) as amended by chapter 843 of the laws of 1992 and subpara-
graph (iv) as amended by section 40 of part C of chapter 58 of the laws
of 2005, is amended to read as follows:
(b) Co-payments shall apply to all eligible persons for the services
defined in paragraph (d) of this subdivision with the exception of:
(i) [individuals under twenty-one years of age;
(ii) pregnant women;
(iii)] individuals who are inpatients in a medical facility who have
been required to spend all of their income for medical care, except
their personal needs allowance or residents of community based residen-
tial facilities licensed by the office of mental health or the office of
mental retardation and developmental disabilities who have been required
to spend all of their income, except their personal needs allowance;
[(iv) individuals enrolled in health maintenance organizations or
other entities which provide comprehensive health services, or other
managed care programs for services covered by such programs, except that
such persons, other than persons otherwise exempted from co-payments
pursuant to subparagraphs (i), (ii), (iii) and (v) of this paragraph,
and other than those persons enrolled in a managed long term care
program, shall be subject to co-payments as described in subparagraph
(v) of paragraph (d) of this subdivision;] and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04848-01-3
A. 2640 2
[(v)] (II) any other individuals required to be excluded by federal
law or regulations.
S 2. The opening paragraph of paragraph (d) of subdivision 6 of
section 367-a of the social services law, as added by chapter 41 of the
laws of 1992, is amended to read as follows:
Co-payments shall apply to [the following] ALL services COVERED BY
THIS TITLE, EXCEPT DIAGNOSTIC SERVICES, AND SHALL BE PRE-PAID AT THE
TIME WHEN SUCH SERVICES ARE RENDERED, subject to such exceptions for
subcategories of these services as recognized by the commissioner OF
HEALTH in regulations, provided in accordance with section three hundred
sixty-five-a of this [article] TITLE and the regulations of the depart-
ment, to the extent permitted by title XIX of the federal social securi-
ty act:
S 3. The commissioner of health is authorized to promulgate or adopt
any rules or regulations necessary to implement the provisions of this
act and any co-payments, procedures, forms, or instructions necessary
for such implementation may be adopted and issued on or after the effec-
tive date of this act. Notwithstanding any inconsistent provision of the
state administrative procedure act or any other provision of law, rule
or regulation, the commissioner of health and the superintendent of
financial services and any appropriate council are authorized to adopt
or amend or promulgate on an emergency basis any regulation he or she or
such council determines necessary to implement any provision of this act
on its effective date.
S 4. This act shall take effect immediately.