Requires Medicaid to cover a wearable medical device that uses low-intensity, alternating electric fields delivered to the tumor site to treat glioblastoma and other cancers as recommended by medical and scientific evidence.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6935A
SPONSOR: Lunsford
 
TITLE OF BILL:
An act to amend the social services law, in relation to requiring Medi-
caid to cover a wearable medical device to treat certain forms of cancer
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would require Medicaid coverage for the National
Comprehensive Cancer Network (NCCN) recommended treatment for an aggres-
sive form of brain cancer, glioblastoma, and other cancers that meet
rigorous standards set forth in the bill.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the social services law to require Medicaid Fee-For-
Service (FFS) coverage of a wearable, medical device to treat glioblas-
toma, and other cancers that meet rigorous standards.
Section 2: Establishes the effective date.
 
JUSTIFICATION:
TTfields is an FDA-approved and National Comprehensive Cancer Network-
preferred, wearable treatment option for one of the most aggressive
forms of brain cancer - glioblastoma (GBM). It also is showing as an
effective treatment for other forms of cancer. Although GBM is a rare
form of cancer, it requires swift and thorough treatment and patients
deserve access to all approved treatments that may extend their lives.
TTFields was the first therapy in over a decade that demonstrated an
increase in overall survival in newly-diagnosed GBM. The innovative
technology utilizes alternating electric fields to disrupt the rapid
cell division exhibited by cancer cells while bypassing healthy cells.
Despite ample clinical evidence in support of the technology's overall
effectiveness and safety, New York State Medicaid continues to deny
coverage under Fee-for-Service (FFS) for New Yorkers enrolled in Medi-
caid who need access to this life extending treatment. On average, there
are 5-10 patients in New York with FFS Medicaid each year who are seek-
ing such coverage.
Income status should not dictate who can access and benefit from a life-
extending treatment. Those with commercial insurance, Medicare, or VA
benefits can all receive coverage to access the device. Also, Medicaid-
managed care plans in New York have been covering this treatment at
patients' request. However, individuals with Medicaid FFS, many of whom
already face many challenges to receiving effective and equitable
healthcare, are currently being excluded.
This legislation is supported by leading cancer care providers, cancer
centers, and physicians and patient advocates supporting individuals
with brain tumors. It must be enacted to address the serious inequity in
Medicaid FFS coverage of TTFields for the treatment of GBM in New York
State.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
This legislation will have a minimal fiscal impact to Medicaid.
 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6935--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to requiring Medi-
caid to cover a wearable medical device to treat certain forms of
cancer
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 (oo) to read as follows:
3 (oo) a wearable medical device that uses low-intensity, alternating
4 electric fields delivered directly to the tumor site to treat glioblas-
5 toma and other cancers as recommended by medical and scientific
6 evidence, including, but not limited to:
7 (i) labeled indications for a medical device approved or cleared by
8 the federal food and drug administration;
9 (ii) centers for medicare and Medicaid services national coverage
10 determinations and medicare administrative contractor local coverage
11 determinations; and
12 (iii) nationally recognized clinical practice guidelines such as, but
13 not limited to, those of the national comprehensive cancer network or
14 the American society of clinical oncology.
15 § 2. This act shall take effect on the first of April next succeeding
16 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10904-03-5