Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Oct 22, 2018 | referred to health |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Maritza Davila
Jeffrey Dinowitz
Anthony D'Urso
Harvey Epstein
A11390 (ACTIVE) - Details
A11390 (ACTIVE) - Bill Text download pdf
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