NY State Senate Bill 2023-S6910

Senate Bill S6910

2023-2024 Legislative Session

Provides for funding associated with the transition of the pharmacy benefit in the medical assistance program

download bill text pdf

Current 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
May 23, 2023	reported and committed to finance
May 15, 2023	referred to health

Votes

- May 23, 2023 - Health Committee Vote
  S6910
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2023
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

co-Sponsors

2023-S6910 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services

2023-S6910 (ACTIVE) - Summary

Provides for funding associated with the transition of the pharmacy benefit in the medical assistance program to support 340B covered entities and to offset the financial losses to all comprehensive HIV special needs plans.

2023-S6910 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6910

SPONSOR: RIVERA
 
TITLE OF BILL:

An act in relation to providing for funding associated with the transi-
tion of the pharmacy benefit in the medical assistance program

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure the continuity of funding to support 340B providers and HIV
Special Needs Plans (SNPs).

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Governor to include $775 million in funding,
adjusted for inflation, in future budgets to support 340B covered enti-
ties. The bill would also require the Governor to include funding in
future budgets in an amount necessary for HIV SNPs to maintain their
operational requirements.

JUSTIFICATION:

Many 340B entities are community based providers that are operating with
slim margins in order to maximize the delivery of healthcare services
they are providing to their patients, which often include vulnerable
members of the public. The Medicaid pharmacy transition had the effect
of eliminating the 340B program for Medicaid patients.  This created a
significant financial liability for many of these providers. The SFY
2023-24 enacted budget contained resources to help these entities offset
anticipated financial losses.

HIV Special Needs Plans (SNPs) provide services to individuals living
with HIV, as well as certain homeless and transgender individuals.
Because much of the health benefit under these plans was pharmaceutical
in nature, the transition of the pharmacy benefit from managed care to
fee-for-service (FFS) resulted in HIV SNPs losing a large portion of
operating funds that they relied on to ensure financial stability for
their operations.

This bill will ensure the financial commitment by the state, as enacted
in the SFY 2023-24 budget, will be enshrined in law to guarantee funding
support for the critical services provided by these entities moving
forward.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
The bill is deemed to have been in full force and effect on and after
April 1, 2023.

2023-S6910 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6910
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT in relation to providing for funding associated with the  transi-
   tion of the pharmacy benefit in the medical assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Notwithstanding any law to the contrary, in establishing
 an executive budget pursuant to article VII of the  state  constitution,
 the  governor shall include additional funding in an amount no less than
 $775,000,000 adjusted by the medical component  of  the  consumer  price
 index  as  published by the United States department of labor, bureau of
 labor statistics beginning in calendar year 2024 and annually  thereaft-
 er.  This  amount  shall  include any applicable federal funding.   Such
 funding shall be used to support 340B covered entities,  as  defined  by
 the federal public health service act (42 U.S.C § 256b), that lost fund-
 ing  associated  with  the  transition  of  the  pharmacy benefit in the
 medical assistance program (Medicaid) established pursuant to  part  FFF
 of chapter 56 of the laws of 2020. Such amounts shall not be conditioned
 beyond  requirements:  (a)  for  participation in the medical assistance
 program established pursuant to title eleven of article 5 of the  social
 services  law;  or  (b)  under applicable federal law, including but not
 limited to the federal public health service act (42 U.S.C § 256b).
   2. Notwithstanding any law to the contrary, in establishing an  execu-
 tive  budget  pursuant  to  article  VII  of the state constitution, the
 governor shall include  additional  funding  sufficient  to  offset  the
 financial  losses to all comprehensive HIV special needs plans certified
 pursuant to section 4403-c of the public health law associated with  the
 transition  of  the  pharmacy  benefit in the medical assistance program
 (Medicaid) established pursuant to part FFF of chapter 56 of the laws of
 2020. The amount of such funding shall be  sufficient  to  maintain  the
 operational  requirements  of  these  plans.  Such  amounts shall not be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11200-01-3

 S. 6910                             2
 
 conditioned beyond requirements: (a) for participation  in  the  medical
 assistance  program established pursuant to title eleven of article 5 of
 the social services law; or (b) under applicable federal law.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

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Senate Bill S6910

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Sponsored By

Gustavo Rivera