assembly Bill A2824

2019-2020 Legislative Session

Relates to insurance coverage for medical marihuana

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Sponsored By

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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2020 reported referred to ways and means
Jan 08, 2020 referred to health
Jan 25, 2019 referred to health

Co-Sponsors

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Multi-Sponsors

A2824 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §3368, Pub Health L; amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11390
2021-2022: A242

A2824 (ACTIVE) - Summary

Relates to providing insurance coverage for medical marihuana.

A2824 (ACTIVE) - Bill Text download pdf


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

                                  2824

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2019
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, DAVILA, DINOWITZ, D'URSO, EPSTEIN,
  HUNTER, LIFTON, LUPARDO, M. L. MILLER, MOSLEY, PAULIN, PEOPLES-STOKES,
  L. ROSENTHAL, SEAWRIGHT, SIMON -- Multi-Sponsored by -- M. of A. HEVE-
  SI, 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 IT SHALL BE COVERED,

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