S2770-2011 Actions

• Jan 23, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Feb 1, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S2770-2011 Meetings

S2770-2011 Votes

S2770-2011 Memo

BILL NUMBER:S2770

TITLE OF BILL:
An act
to amend the mental hygiene law
and the
social services law, in relation to the
administration of certain nutritional supplements to persons residing in
facilities operated or regulated by the office for people with
developmental disabilities

PURPOSE OR GENERAL IDEA OF BILL:
Amends the mental hygiene law to provide for the administration of,
and reimbursement for, medically necessary dietary supplements to
persons residing in intermediate care facilities operated or
regulated by the Office for People With Developmental Disabilities.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 13.07 of the mental hygiene law is amended by
adding a new subdivision (f) requiring the administration of
medically necessary dietary supplements to persons residing in
intermediate care facilities operated or regulated by the Office for
People With Developmental Disabilities.

Section 2. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (w) which reads "(w) dietary
supplements which are prescribed as medically necessary by a
physician licensed to practice in this state and which are provided
to individuals residing in intermediate care facilities operated or
licensed by the Office for People With Developmental Disabilities."

Section 3. Paragraph (a) of subdivision 4 of section 365-a of the
social services law, as amended by chapter 77 of the laws of 1977, is
amended to include dietary supplements which are prescribed as
medically necessary by a physician licensed to practice in this state
and which are provided to individuals residing in intermediate care
facilities operated or licensed by the Office for People With
Developmental Disabilities among those items which shall be
reimbursed as an item of medical assistance.

Section 4. Effective Date.

JUSTIFICATION:
Amending the Mental Hygiene law in this manner would provide children
and young adults with developmental disabilities currently in
residential placement equal access to nutritional supplements
prescribed as medically necessary by New York State physicians.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

S2770-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2770
 2011-2012 Regular Sessions
 I N  SENATE
 February 1, 2011
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental hygiene law and the social services  law,  in
 relation  to  the administration of certain nutritional supplements to
 persons residing in facilities operated or regulated by the office for
 people with developmental disabilities
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  13.07  of  the  mental hygiene law is amended by
 adding a new subdivision (f) to read as follows:

 (F) THE OFFICE SHALL PROVIDE FOR THE ADMINISTRATION OF DIETARY SUPPLE
 MENTS FOR PERSONS RESIDING IN INTERMEDIATE FACILITIES OPERATED, LICENSED
 OR REGULATED BY THE OFFICE, WHERE SUCH  SUPPLEMENTS  ARE  PRESCRIBED  AS
 MEDICALLY  NECESSARY  BY  A PHYSICIAN LICENSED TO PRACTICE IN THIS STATE
 AND ARE APPROVED PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-A  OF  THE
 SOCIAL  SERVICES  LAW.  SUCH FACILITIES SHALL NOT BE REQUIRED TO INCLUDE
 THE ADMINISTRATION OF DIETARY  SUPPLEMENTS  IN  THE  MEDICATION  REGIMEN
 REVIEW REQUIRED TO BE CONDUCTED PURSUANT TO REGULATIONS OF THE OFFICE OR
 RULES ADOPTED BY THE FACILITY. NO INTERMEDIATE CARE FACILITY SHALL ADOPT
 RULES  PROHIBITING  THE  ADMINISTRATION  OF NUTRITIONAL SUPPLEMENTS THAT
 MEET THE REQUIREMENTS OF THIS SUBDIVISION.
 

S 2. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (w) to read as follows:

 (W) DIETARY SUPPLEMENTS WHICH ARE PRESCRIBED AS MEDICALLY NECESSARY BY
 A PHYSICIAN LICENSED TO PRACTICE IN THIS STATE AND WHICH ARE PROVIDED TO
 INDIVIDUALS   RESIDING  IN  INTERMEDIATE  CARE  FACILITIES  OPERATED  OR
 LICENSED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
 

S 3. Paragraph (a) of subdivision 4 of section  365-a  of  the  social
 services  law, as amended by chapter 493 of the laws of 2010, is amended
 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06096-01-1
 
       S. 2770                             2
 (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that the state commissioner of health may by regulation specify  certain
 of  such  drugs which may be reimbursed as an item of medical assistance
 in  accordance with the price schedule established by such commissioner.
 Notwithstanding any other provision of law, additions  to  the  list  of
 drugs  reimbursable  under this paragraph may be filed as regulations by
 the commissioner of health without prior notice and  comment.  PROVIDED,
 FURTHER,  HOWEVER,  THAT  DIETARY  SUPPLEMENTS  WHICH  ARE PRESCRIBED AS
 MEDICALLY NECESSARY BY A PHYSICIAN LICENSED TO PRACTICE  IN  THIS  STATE
 AND  WHICH  ARE  PROVIDED  TO  INDIVIDUALS RESIDING IN INTERMEDIATE CARE
 FACILITIES OPERATED OR LICENSED BY THE OFFICE FOR PEOPLE  WITH  DEVELOP
 MENTAL  DISABILITIES,  SHALL BE REIMBURSED AS AN ITEM OF MEDICAL ASSIST
 ANCE;
 

S 4. This act shall take effect immediately.

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