|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 22, 2022||referred to health|
senate Bill S8837
Current Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8837 (ACTIVE) - Details
S8837 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8837 SPONSOR: SAVINO TITLE OF BILL: An act to amend the public health law and the social services law, in relation to health coverage for medical marihuana PURPOSE: To add coverage of medical marijuana to public insurance programs and clarify that it may be covered by private insurance. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Public Health Law § 3368 to deem medical marijuana a "prescription drug," "covered drug," or "health care service" as neces- sary to authorize coverage under the Medicaid, Child Health Plus, Elder- ly Pharmaceutical Insurance Coverage (EPIC), Essential Plan programs, workers compensation, and clarify that it may be covered as a prescription drug under commercial insurance coverage. Health plans are not required to cover medical marijuana, unless they are providing it
S8837 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8837 I N S E N A T E April 22, 2022 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed 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, 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, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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