NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2906
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the social services law, in relation
to establishing topical oxygen wound therapy as a Medicaid benefit
PURPOSE OR GENERAL IDEA OF BILL:
To establish topical oxygen wound therapy as a statutory Medicaid bene-
fit
SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends subdivision 2 of section 365-A of the social
services law by adding a new subparagraph (dd).
JUSTIFICATION:
Topical oxygen wound therapy (TOWT) is demonstrated safe and effective
treatment for patients suffering from chronic wounds that have not
responded to standard therapy. Since 2008, about 50% of the New York
Medicaid patients who do not respond to standard wound treatment have
had their wounds completely healed through the use of TOWT. Many of
these patients are diabetic and elderly.
Once TOWT has been provided in a supervised setting and the patient is
trained in its use, TOWT can be safely self-administrated in the home,
eliminating the need for the suffering patient to transport themselves
to a facility for treatment. The units that deliver the TOWT are for
one-time use and disposable, which promotes the rate of healing and
reduces bacterial growth. Self-administration also greatly reduces the
cost of treatment, because it eliminates all unnecessary medical or
transportation cost. TOWT is 23-80% less expensive than other available
treatments.
TOWT is approved for use in all federal Veterans Administration facili-
ties, by the Department of Defense, workers compensation programs in
nineteen states and by a number of private health insurers.
The New York Department of Health has proposed eliminating TOWT as a
Medicaid benefit. New York Courts have issued a temporary restraining
order prohibiting DOH from taking this benefit away from needy New York-
ers.
Establishing this treatment in statute will guarantee that New Yorkers
will continue to have access to this safe, effective and necessary
treatment.
PRIOR LEGISLATIVE HISTORY:
2015: A5907 Ref to Health; S.4185 PASSED SENATE
2016: A5907-A Amended and Recommit to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. TOWT is the least expensive treatment for wounds that
have not responded to standard therapy.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
2906
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
Introduced by M. of A. ORTIZ, ARROYO, COLTON, WRIGHT, BARRON, HOOPER,
SIMON, COOK, BRINDISI, SANTABARBARA, DenDEKKER, M. G. MILLER, CUSICK,
PEOPLES-STOKES, BLAKE, PERRY, HUNTER, MOSLEY, RODRIGUEZ, WEPRIN,
SEPULVEDA, BENEDETTO, LAVINE, WALKER, PICHARDO, DILAN, DAVILA, MOYA,
GANTT, GOODELL, RAIA, RIVERA, LENTOL, ABINANTI, JOYNER, BARRETT, HEVE-
SI, STECK, GALEF -- Multi-Sponsored by -- M. of A. CRESPO, DINOWITZ,
McDONALD, TITONE -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to establishing
topical oxygen wound therapy as a Medicaid benefit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 365-a of the social services law
2 is amended by adding a new paragraph (dd) to read as follows:
3 (dd) topical oxygen wound therapy for chronic wound management and
4 treatment, as prescribed by a physician or other qualified prescriber,
5 through use of a United States Food and Drug Administration cleared
6 topical oxygen chamber for extremities, consistent with coverage crite-
7 ria established by the commissioner.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07500-01-7
