S T A T E O F N E W Y O R K
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2308
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A.
JAFFEE, McDONALD -- read once and referred 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.
LBD02696-01-5