S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2002
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. SCHIMMINGER, RAIA, GOODELL -- Multi-Sponsored by
   -- M. of A.  DiPIETRO, HAWLEY, HOOPER, MAGEE -- read once and referred
   to the Committee on Health
 
 AN ACT to amend the social services law, in relation to medicaid co-pay-
   ments for prescription drugs and other services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 6 of section 367-a of the
 social services law, as amended by section 15 of part B of chapter 57 of
 the laws of 2015, is amended to read as follows:
   (b) Co-payments shall apply to all eligible persons for  the  services
 defined in paragraph (d) of this subdivision with the exception of:
   (i) [individuals under twenty-one years of age;
   (ii) pregnant women;
   (iii)]  individuals  who are inpatients in a medical facility who have
 been required to spend all of their  income  for  medical  care,  except
 their  personal needs allowance or residents of community based residen-
 tial facilities licensed by the office of mental health or the office of
 mental retardation and developmental disabilities who have been required
 to spend all of their income, except their personal needs allowance;
   [(iv) individuals enrolled  in  health  maintenance  organizations  or
 other  entities  which  provide  comprehensive health services, or other
 managed care programs for services covered by such programs, except that
 such persons, other than persons  otherwise  exempted  from  co-payments
 pursuant  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph,
 and other than those persons  enrolled  in  a  managed  long  term  care
 program,  shall  be  subject to co-payments as described in subparagraph
 (v) of paragraph (d) of this subdivision;
   (v)] (II) individuals whose family income is  less  than  one  hundred
 percent  of the federal poverty line, as defined in subparagraph four of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05816-01-7
              

 A. 2002                             2
 
 paragraph (a) of subdivision one of section three hundred  sixty-six  of
 this title, for a family of the same size; and
   [(vi)]  (III) any other individuals required to be excluded by federal
 law or regulations.
   § 2. The opening paragraph  of  paragraph  (d)  of  subdivision  6  of
 section  367-a of the social services law, as added by chapter 41 of the
 laws of 1992, is amended to read as follows:
   Co-payments shall apply to [the following]  ALL  services  COVERED  BY
 THIS  TITLE,  EXCEPT  DIAGNOSTIC  SERVICES, AND SHALL BE PRE-PAID AT THE
 TIME WHEN SUCH SERVICES ARE RENDERED, subject  to  such  exceptions  for
 subcategories  of  these  services  as recognized by the commissioner OF
 HEALTH in regulations, provided in accordance with section three hundred
 sixty-five-a of this [article] TITLE and the regulations of the  depart-
 ment, to the extent permitted by title XIX of the federal social securi-
 ty act:
   §  3.  The commissioner of health is authorized to promulgate or adopt
 any rules or regulations necessary to implement the provisions  of  this
 act  and  any  co-payments, procedures, forms, or instructions necessary
 for such implementation may be adopted and issued on or after the effec-
 tive date of this act. Notwithstanding any inconsistent provision of the
 state administrative procedure act or any other provision of  law,  rule
 or  regulation,  the  commissioner  of  health and the superintendent of
 financial services and any appropriate council are authorized  to  adopt
 or amend or promulgate on an emergency basis any regulation he or she or
 such council determines necessary to implement any provision of this act
 on its effective date.
   § 4. This act shall take effect immediately.