The New York State Senate

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

                                  11390

                          I N  A S S E M B L Y

                            October 22, 2018
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
  Davila,  Dinowitz,   D'Urso,   Epstein,   Hunter,   Lifton,   Lupardo,
  M. L. Miller,  Mosley,  Paulin,  Pellegrino, Peoples-Stokes, L. Rosen-
  thal, Seawright, Simon, Hevesi, Lentol) -- read once and  referred  to
  the Committee on Health

AN  ACT  to  amend the public health law and the social services law, in
  relation to health coverage for medical marihuana

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

  Section  1. Section 3368 of the public health law, as added by chapter
90 of the laws of 2014, is amended to read as follows:
  § 3368. Relation to other laws. 1. (a) The provisions of this  article
shall  apply  to this title, except that where a provision of this title
conflicts with another provision  of  this  article,  this  title  shall
apply.
  (b)  Medical marihuana shall not be deemed to be a "drug" for purposes
of article one hundred thirty-seven of  the  education  law.    HOWEVER,
REGARDLESS  OF  FEDERAL FINANCIAL PARTICIPATION, MEDICAL MARIHUANA, WHEN
DISPENSED UNDER THIS TITLE, SHALL BE DEEMED TO BE  (I)  A  "PRESCRIPTION
DRUG"  FOR  PURPOSES  OF  COVERAGE  UNDER MEDICAL ASSISTANCE UNDER TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES  LAW  (PROVIDED  THAT  THE
DISPENSING  SITE  IS  CERTIFIED  UNDER  SUBDIVISION TEN OF SECTION THREE
HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW), TITLE ONE-A OF ARTICLE
TWENTY-FIVE OF THIS CHAPTER, THE INSURANCE LAW, AND THE WORKERS' COMPEN-
SATION LAW; (II) A "COVERED DRUG" FOR PURPOSES OF COVERAGE  UNDER  TITLE
THREE OF ARTICLE TWO OF THE ELDER LAW; AND (III) A "HEALTH CARE SERVICE"
UNDER  SECTION  THREE  HUNDRED  SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW
(UNLESS THE COMMISSIONER FINDS THAT THIS WILL  RESULT  IN  THE  LOSS  OF
FEDERAL FINANCIAL PARTICIPATION IN THE PROGRAM UNDER THAT SECTION).
  2.  Nothing in this title shall be construed to require OR PROHIBIT an
insurer or health plan under  this  chapter  or  the  insurance  law  to
provide coverage for medical marihuana, EXCEPT THAT IS SHALL BE COVERED,
AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, BY ANY INSURER OR HEALTH
PLAN  UNDER  TITLE  ELEVEN  OF  ARTICLE FIVE OF THE SOCIAL SERVICES LAW,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16589-01-8

A. 11390                            2

TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, THE WORKERS' COMPEN-
SATION LAW, TITLE THREE OF ARTICLE TWO OF THE  ELDER  LAW,  AND  SECTION
THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW. [Nothing in this
title shall be construed to require coverage for medical marihuana under
article  twenty-five  of  this  chapter  or  article  five of the social
services law.]
  § 2. Section 365-a of the social services law is amended by  adding  a
new subdivision 10 to read as follows:
  10.  THE  COMMISSIONER  MAY CERTIFY A DISPENSING SITE AUTHORIZED UNDER
TITLE FIVE-A OF THE PUBLIC HEALTH LAW AS A MEDICAL ASSISTANCE  PROVIDER,
SOLELY FOR THE PURPOSE OF DISPENSING MEDICAL MARIHUANA.
  §  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided  that,  effective
immediately,  the commissioner of health and superintendent of financial
services shall make regulations and take other actions reasonably neces-
sary to implement this act on that date; and provided further  that  the
amendments  to section 3368 of the public health law made by section one
of this act shall not affect the repeal of such section and shall expire
and be deemed repealed therewith.