NY State Senate Bill 2021-S6306A

Senate Bill S6306A

2021-2022 Legislative Session

Relates to determining whether the state can claim federal financial participation for coverage of and payment for certain evidence-based mobile medical applications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Aug 02, 2021	print number 6306a
Aug 02, 2021	amend (t) and recommit to health
Apr 21, 2021	referred to health

Bill Amendments

Original

A (Active)

2021-S6306 - Details

Current Committee:: Senate Health
Law Section:: Medical Assistance
Versions Introduced in 2023-2024 Legislative Session:: S5812

2021-S6306 - Summary

Directs the department of health to request guidance from the Centers for Medicare and Medicaid Services to determine whether the state can claim federal financial participation for coverage of and payment for certain evidence-based mobile medical applications.

2021-S6306 - Sponsor Memo

                                
 
BILL NUMBER: S6306

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to determining whether the state can claim federal
financial participation for coverage of and payment for certain
evidence-based smartphone apps

 
PURPOSE:

Relates to determining whether the state can claim federal financial
participation for coverage and and payment for certain evidence-based
smartphone apps

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative findings

Section 2 provides that no later than 30 days from the effective date
the New York state Department of Health shall request guidance from the

Centers for Medicare and Medicaid Services to determine whether the
state can claim federal financial participation for coverage of and
payment for certain evidence-based smartphone apps approved by the food
and drug administration to treat substance use and opioid use disorders.

Section 3 states the effective date

 
JUSTIFICATION:

New Yorkers in recovery for substance and opioid use disorders and in
treatment for mental health conditions are losing access to in-person
treatment under the state's "stay at home" and social distancing orders
as part of coronavirus pandemic mitigation efforts.

In recent news reports, experts warn that the coronavirus pandemic may
be "a national relapse trigger" for individuals in treatment for alco-
hol, cocaine, methamphetamine, marijuana, and heroin addiction.
Evidence-based smartphone apps are new, software-based disease treat-
ments designed to directly treat disease, tested for safety and efficacy
in randomized clinical trials, evaluated by the FDA, and prescribed by
healthcare providers. These therapies are designed and tested much like
traditional prescription drugs with one distinction:  rather than swal-
lowing a pill or taking an injection, patients are treated with soft-
ware. Certain evidence-based smartphone apps provide clinicians and
patients with evidence-based remote treatment modalities to treat
substance and opioid use disorders, mental health, and other diseases
and conditions. However, there is no clear statutory benefit category to
allow Medicaid coverage for evidence-based smartphone apps.

In light of the promise of evidence-based smartphone apps for the treat-
ment of patients with substance use and opioid use disorders during the
coronavirus pandemic, this legislation would require that the New York
state department of health seek guidance from the Centers for Medicare
and Medicaid Services relative to a coverage and reimbursement pathway
for evidence-based smartphone apps, in order to accelerate access to
such therapies for enrollees.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6306 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6306
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT in relation to determining whether the state  can  claim  federal
   financial  participation  for  coverage  of  and  payment  for certain
   evidence-based smartphone apps

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative finding and declaration. New Yorkers in recov-
 ery for substance and opioid use disorders and in treatment  for  mental
 health  conditions  are  losing  access to in-person treatment under the
 state's "stay at home" and social distancing orders as part of coronavi-
 rus pandemic mitigation efforts. In recent news  reports,  experts  warn
 that  the  coronavirus  pandemic may be "a national relapse trigger" for
 individuals in treatment for alcohol, cocaine, methamphetamine, marijua-
 na, and heroin addiction.  Evidence-based smartphone apps are new, soft-
 ware-based disease treatments designed to directly treat disease, tested
 for safety and efficacy in randomized clinical trials, evaluated by  the
 FDA,  and  prescribed  by  healthcare  providers.  These  therapies  are
 designed and tested much like traditional prescription  drugs  with  one
 distinction:  rather  than  swallowing  a  pill  or taking an injection,
 patients are treated with software.  Certain  evidence-based  smartphone
 apps  provide  clinicians and patients with evidence-based remote treat-
 ment modalities to treat substance  and  opioid  use  disorders,  mental
 health,  and  other  diseases and conditions. However, there is no clear
 statutory benefit category to allow Medicaid coverage for evidence-based
 smartphone apps.  In light of the promise of  evidence-based  smartphone
 apps  for  the  treatment  of patients with substance use and opioid use
 disorders  during  the  coronavirus  pandemic,  this  legislation  would
 require  that the New York state department of health seek guidance from
 the Centers for Medicare and Medicaid Services relative  to  a  coverage
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10469-01-1

 S. 6306                             2
 
 and  reimbursement  pathway for evidence-based smartphone apps, in order
 to accelerate access to such therapies for enrollees.
   §  2.  No  later than 30 days from the effective date of this section,
 the New York state department of health shall request guidance from  the
 Centers  for  Medicare  and  Medicaid  Services to determine whether the
 state can claim federal financial  participation  for  coverage  of  and
 payment  for certain evidence-based smartphone apps approved by the food
 and drug administration to treat substance use and opioid use disorders.
   § 3. This act shall take effect immediately.

2021-S6306A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Medical Assistance
Versions Introduced in 2023-2024 Legislative Session:: S5812

2021-S6306A (ACTIVE) - Summary

2021-S6306A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6306A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to determining whether the state can claim federal
financial participation for coverage of and payment for certain
evidence-based mobile medical applications

 
PURPOSE:

Relates to determining whether the state can claim federal financial
participation for coverage of and payment for certain evidence-based
mobile medical applications

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative findings

Section 2 provides that no later than 30 days from the effective date
the New York state Department of Health shall request guidance from the

Centers for Medicare and Medicaid Services to determine whether the
state can claim federal financial participation for coverage of and
payment for certain evidence-based mobile medical applications approved
by the food and drug administration to treat substance use and opioid
use disorders.

Section 3 states the effective date

 
JUSTIFICATION:

New Yorkers in recovery for substance and opioid use disorders and in
treatment for mental health conditions are losing access to in-person
treatment under the state's "stay at home" and social distancing orders
as part of coronavirus pandemic mitigation efforts.

In recent news reports, experts warn that the coronavirus pandemic may
be "a national relapse trigger" for individuals in treatment for alco-
hol, cocaine, methamphetamine, marijuana, and heroin addiction.
Evidence-based smartphone apps are new, software-based disease treat-
ments designed to directly treat disease, tested for safety and efficacy
in randomized clinical trials, evaluated by the FDA, and prescribed by
healthcare providers. These therapies are designed and tested much like
traditional prescription drugs with one distinction:  rather than swal-
lowing a pill or taking an injection, patients are treated with soft-
ware. Certain evidence-based mobile medical applications provide clini-
cians and patients with evidence-based remote treatment modalities to
treat substance and opioid use disorders, mental health, and other
diseases and conditions. However, there is no clear statutory benefit
category to allow Medicaid coverage for evidence-based mobile medical
applications.

In light of the promise of evidence-based smartphone apps for the treat-
ment of patients with substance use and opioid use disorders during the
coronavirus pandemic, this legislation would require that the New York
state department of health seek guidance from the Centers for Medicare
and Medicaid Services relative to a coverage and reimbursement pathway
for evidence-based smartphone apps, in order to accelerate access to
such therapies for enrollees.
 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6306A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6306--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  in  relation to determining whether the state can claim federal
   financial participation  for  coverage  of  and  payment  for  certain
   evidence-based mobile medical applications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative finding and declaration. New Yorkers in  recov-
 ery  for  substance and opioid use disorders and in treatment for mental
 health conditions are losing access to  in-person  treatment  under  the
 state's "stay at home" and social distancing orders as part of coronavi-
 rus  pandemic  mitigation  efforts. In recent news reports, experts warn
 that the coronavirus pandemic may be "a national  relapse  trigger"  for
 individuals in treatment for alcohol, cocaine, methamphetamine, marijua-
 na,  and  heroin addiction.   Evidence-based mobile medical applications
 are new, software-based disease treatments designed  to  directly  treat
 disease,  tested  for safety and efficacy in randomized clinical trials,
 evaluated by the FDA, and  prescribed  by  healthcare  providers.  These
 therapies  are  designed  and  tested much like traditional prescription
 drugs with one distinction: rather than swallowing a pill or  taking  an
 injection,  patients  are  treated with software. Certain evidence-based
 mobile  medical  applications  provide  clinicians  and  patients   with
 evidence-based remote treatment modalities to treat substance and opioid
 use  disorders, mental health, and other diseases and conditions. Howev-
 er, there is no clear  statutory  benefit  category  to  allow  Medicaid
 coverage  for  evidence-based  mobile medical applications.  In light of
 the promise of evidence-based mobile medical applications for the treat-
 ment of patients with substance use and opioid use disorders during  the
 coronavirus  pandemic,  this legislation would require that the New York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10469-02-1

 S. 6306--A                          2
 
 state department of health seek guidance from the Centers  for  Medicare
 and  Medicaid  Services relative to a coverage and reimbursement pathway
 for evidence-based mobile medical applications, in order  to  accelerate
 access to such therapies for enrollees.
   §  2.  No  later than 30 days from the effective date of this section,
 the New York state department of health shall request guidance from  the
 Centers  for  Medicare  and  Medicaid  Services to determine whether the
 state can claim federal financial  participation  for  coverage  of  and
 payment  for  evidence-based mobile medical applications approved by the
 food and drug administration to  treat  substance  use  and  opioid  use
 disorders.
   § 3. This act shall take effect immediately.

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