|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 24, 2014||referred to health|
senate Bill S6440
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6440 - Details
S6440 - Summary
Provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella.
S6440 - Sponsor Memo
BILL NUMBER:S6440 TITLE OF BILL: An act to amend the social services law, in relation to certain medical assistance for needy persons PURPOSE OR GENERAL IDEA OF BILL: To authorize the Commissioner of Health to review applications for exemptions from the mandatory generic substitution law during the twelve month period prior to the expiration of the patent for the brand name drug. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph (a-I) of subdivision 4 of section 365-a of the Social Services Law, as amended by section I 1 of Part C of Chapter 58 of the laws of 2005, to authorize the Commissioner of Health to review requests for exemption to the mandatory generic substitution law during the twelve month period prior to the expiration of the patent of the brand name drug that is the subject of the exemption application. JUSTIFICATION: This amendment would go a long way toward avoiding the potentially life- threatening confusion created when a therapeutic and generic equivalent to a brand name drug becomes available while an exemption to the
S6440 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6440 I N S E N A T E January 24, 2014 ___________ Introduced by Sen. RIVERA -- 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 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 39 of part D of chapter 56 of the laws of 2012, 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; S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01535-02-3
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