senate Bill S4509

2013-2014 Legislative Session

Directs the department of health to convene a health technology assessment committee to advise the commissioner of health on coverage of health technology under the medical assistance program; repealer

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Archive: Last Bill Status - Passed Senate


  • 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
May 21, 2014 referred to health
May 20, 2014 delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.560
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 13, 2013 referred to health
delivered to assembly
passed senate
Jun 12, 2013 advanced to third reading
Jun 11, 2013 2nd report cal.
Jun 10, 2013 1st report cal.1166
Apr 05, 2013 referred to health

Votes

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May 6, 2014 - Health committee Vote

S4509
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Jun 10, 2013 - Health committee Vote

S4509
15
0
committee
15
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Co-Sponsors

S4509 - Bill Details

See Assembly Version of this Bill:
A7528
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Rpld & add ยง365-d, Soc Serv L

S4509 - Bill Texts

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Directs the department of health to convene a health technology assessment committee to advise the commissioner of health on coverage of health technology under the medical assistance program.

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BILL NUMBER:S4509

TITLE OF BILL: An act to amend the social services law, in relation
to establishing a health technology assessment committee within the
medical assistance program; and to repeal section 365-d of such law
relating to early and periodic screening diagnosis and treatment
outreach demonstration projects

PURPOSE: This bill establishes a committee to provide advice and
recommendations to the Department of Health regarding Medicaid
coverage of medical devices and surgical procedures thus enhancing
transparency and public participation in the process.

SUMMARY OF PROVISIONS: Section 1 of the bill repeals the existing
section 365-d of the social services law which was a demonstration
program which expired in June 1983. A new section 365-d is added to
the social services law to establish a health technology assessment
committee which would provide advice and recommendations to the
commissioner for purposes of health technology (i.e. medical device
and surgical procedure) coverage determinations. Section 1 also
authorizes the commissioner to appoint members to the committee and
defines committee members' qualifications including representatives of
consumer groups and health professions. The committee would be a
public committee for purposes of the open meetings law, the public
would receive notice of the committee's deliberations and the public
would be provided an opportunity to provide comment.

Section 2 of the bill is the effective date.

JUSTIFICATION: Medical technology, including medical devices and
surgical procedures have greatly improved health care, reduced health
expenditures, and reduced medical errors. Medical technology is
subject to extensive review at the federal level including review by
the Agency for Healthcare Quality and Research, the Food and Drug
Administration, and the Centers for Medicare and Medicaid Services.
New York, through its efforts to reform the Medicaid system, has begun
to examine some medical technology to determine if particular
applications should continue to be covered by the Medicaid program.
This bill insures that such decision are made with ample opportunity
for input and transparency.

The Department of Health has implemented a health care technology
assessment process through one of its MRT workgroups which has led to
the exclusion of certain devices and procedures from coverage by the
medical assistance program. While it is important to closely evaluate
expenditures and benefits within the publicly funded Medicaid program,
decisions must be made based upon sound evidence, with as much
information as possible available and in a transparent manner. This
legislation is modeled on the Drug Utilization Board which is
established to review and make recommendations to the Department on
changes to pharmaceutical benefits under the Medicaid Program. It
would open the Department's health technology assessment process to
similar public participation and review, creating the needed
transparency and accountability. Public participation would also
provide the Department the benefit of stakeholder input which will
improve the Department's deliberations.


LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

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

                                  4509

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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
  health  technology  assessment committee within the medical assistance
  program; and to repeal section 365-d of such law relating to early and
  periodic screening  diagnosis  and  treatment  outreach  demonstration
  projects

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

  Section 1. Section 365-d of the social services law is REPEALED and  a
new section 365-d is added to read as follows:
  S  365-D.  HEALTH  TECHNOLOGY  ASSESSMENT COMMITTEE. 1. THE DEPARTMENT
SHALL CONVENE A HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  THE  COMMITTEE
SHALL,  AT  THE  REQUEST  OF  THE  COMMISSIONER, PROVIDE ADVICE AND MAKE
RECOMMENDATIONS REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES  OF
THE  MEDICAL  ASSISTANCE  PROGRAM.  THE  COMMISSIONER SHALL CONSULT SUCH
COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
TECHNOLOGY FROM THE MEDICAL ASSISTANCE PROGRAM.  FOR  PURPOSES  OF  THIS
SECTION,  "HEALTH  TECHNOLOGY" MEANS MEDICAL DEVICES AND SURGICAL PROCE-
DURES USED IN THE PREVENTION, DIAGNOSIS AND  TREATMENT  OF  DISEASE  AND
OTHER MEDICAL CONDITIONS.
  2.  (A)  THE  HEALTH  TECHNOLOGY ASSESSMENT COMMITTEE SHALL CONSIST OF
THIRTEEN MEMBERS, WHO SHALL BE APPOINTED BY  THE  COMMISSIONER  AND  WHO
SHALL  SERVE  THREE YEAR TERMS; EXCEPT THAT FOR THE INITIAL APPOINTMENTS
TO THE COMMITTEE, FIVE MEMBERS SHALL SERVE ONE YEAR TERMS, FIVE  MEMBERS
SHALL  SERVE  TWO  YEAR  TERMS, AND THREE MEMBERS SHALL SERVE THREE YEAR
TERMS. COMMITTEE MEMBERS MAY BE REAPPOINTED UPON THE COMPLETION OF THEIR
TERMS. WITH THE EXCEPTION OF THE CHAIRPERSON, NO MEMBER OF THE COMMITTEE
SHALL BE AN EMPLOYEE OF THE STATE OR ANY POLITICAL  SUBDIVISION  OF  THE
STATE, OTHER THAN FOR HIS OR HER MEMBERSHIP ON THE COMMITTEE, EXCEPT FOR
EMPLOYEES  OF  HEALTH  CARE  FACILITIES  OR UNIVERSITIES OPERATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09403-02-3

S. 4509                             2

STATE, A PUBLIC BENEFIT CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR
MUNICIPALITIES.
  (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
  (I) SIX PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDI-
CINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
STATE;
  (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
CONSTITUENCY AND WHO IS A HEALTH CARE PROFESSIONAL LICENSED UNDER  TITLE
EIGHT OF THE EDUCATION LAW;
  (IV)  ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
LAW;
  (V)  THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
IZATIONS WITH A REGIONAL OR STATEWIDE CONSTITUENCY  AND  WHO  HAVE  BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY; AND
  (VI) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER.
  3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
SIX  OF  THE  PUBLIC OFFICERS LAW. THE DEPARTMENT SHALL PROVIDE INTERNET
ACCESS TO ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH  THE  DEPARTMENT'S
WEBSITE.
  4.  THE  MEMBERS  OF  THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS  LAW,  AND
SHALL  NOT  PARTICIPATE  IN  ANY MATTER FOR WHICH A CONFLICT OF INTEREST
EXISTS.
  5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE COMMISSIONER, CONSIDER ANY  MATTER  RELATING  TO  HEALTH  TECHNOLOGY
ASSESSMENT.  THE COMMISSIONER SHALL PROVIDE THIRTY DAYS PUBLIC NOTICE ON
THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE TO DEVEL-
OP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE DETERMINATIONS.
SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE PROPOSED HEALTH TECHNOLO-
GY TO BE REVIEWED, THE CONDITIONS OR DISEASES  IMPACTED  BY  THE  HEALTH
TECHNOLOGY,  AND  THE  PROPOSALS TO BE CONSIDERED BY THE COMMITTEE.  THE
COMMITTEE SHALL ALLOW INTERESTED PARTIES  A  REASONABLE  OPPORTUNITY  TO
MAKE  AN  ORAL PRESENTATION TO THE COMMITTEE RELATED TO THE HEALTH TECH-
NOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN INFORMATION.  THE  COMMITTEE
SHALL CONSIDER ANY INFORMATION PROVIDED BY ANY INTERESTED PARTY, INCLUD-
ING,  BUT NOT LIMITED TO, HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES,
PATIENTS, CONSUMERS AND MANUFACTURERS.
  6. THE COMMISSIONER SHALL PROVIDE NOTICE OF ANY  COVERAGE  RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
THE  DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF THOSE
MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE; THE RESPONSE OF THE
COMMITTEE TO THOSE COMMENTS, IF ANY; THE CLINICAL  EVIDENCE  UPON  WHICH
THE COMMITTEE BASES ITS RECOMMENDATION; AND THE FINDINGS AND RECOMMENDA-
TIONS OF THE COMMITTEE.
  7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
WEBSITE OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF  THE

S. 4509                             3

DETERMINATION;  AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S DETERMI-
NATION ON STATE PUBLIC HEALTH PLAN POPULATIONS AND  PROVIDERS;  AND  THE
PROJECTED  FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF THE
COMMISSIONER'S  DETERMINATION.  THE  COMMISSIONER'S  FINAL DETERMINATION
SHALL NOT OCCUR PRIOR TO THE THIRTIETH  DAY  FROM  THE  POSTING  OF  THE
COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
  8.  THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
MADE PURSUANT TO THIS SECTION, SHALL BE BASED ON CLINICAL  EFFECTIVENESS
AND  SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDA-
TIONS OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE  SUBMISSION
OF NEW EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSU-
ANT  TO  THE  PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS
SECTION. THE COMMISSIONER MAY ALTER OR REVOKE HIS OR HER FINAL  DETERMI-
NATION AFTER SUCH TRIENNIAL REVIEW PURSUANT TO THE PROCEDURE ESTABLISHED
IN SUBDIVISION SEVEN OF THIS SECTION.
  9.  THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMIT-
TEE.
  S 2. This act shall take effect immediately.

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