senate Bill S8837

2021-2022 Legislative Session

Relates to insurance coverage for medical marihuana

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 referred to ways and means
delivered to assembly
passed senate
May 31, 2022 ordered to third reading cal.1683
committee discharged and committed to rules
Apr 22, 2022 referred to health

Co-Sponsors

S8837 (ACTIVE) - Details

See Assembly Version of this Bill:
A242
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
2019-2020: A2824

S8837 (ACTIVE) - Summary

Relates to providing insurance coverage for medical marihuana.

S8837 (ACTIVE) - Sponsor Memo

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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