NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2030
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the social services law and the public health law, in
relation to medication for the treatment of substance use disorders
PURPOSE:
This legislation will expand access to medications that treat substance
use disorders.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 2 of section 365-a of the social services
law by adding a new paragraph (gg)
Section two amends subdivision 26-b of section 364-j of the social
services law. Section three amends subdivision 10 of section 273 of the
public health law. Section four sets the effective date.
JUSTIFICATION:
Medication assisted treatment, or MAT, is an evidence-based treatment
method that uses FDA approved medications to help an individual overcome
a substance use disorder. Medications such as methadone, buprenorphine
and naltrexone have all been used successfully and more treatment
providers are turning to this approach given its ability to reduce and
block cravings, ease withdrawal symptoms and otherwise enable an indi-
vidual to reach recovery more easily. However, medications used in MAT
programs are not interchangeable and each patient may respond different-
ly, therefore it is imperative that this choice be left to the patient
and their doctor to determine the appropriate medication. Under current
law, individuals under Medicaid are not given the opportunity to access
all forms of medication assisted treatment and may be limited to one
specific type. This legislation would allow individuals under Medicaid
the ability to access whichever MAT medication is most beneficial to
them and their needs, without utilization control, mandated prior
authorization, or lifetime limits.
LEGISLATIVE HISTORY:
2019: A.7246-B/S.5935-A - Vetoed
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect in 90 days.
STATE OF NEW YORK
________________________________________________________________________
2030
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL, QUART, RICHARDSON, CARROLL, WEPRIN,
SIMON, GOTTFRIED, HEVESI -- read once and referred to the Committee on
Health
AN ACT to amend the social services law and the public health law, in
relation to medication for the treatment of substance use disorders
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 (gg) to read as follows:
3 (gg) all buprenorphine products, methadone or long acting injectable
4 naltrexone for detoxification or maintenance treatment of a substance
5 use disorder prescribed according to generally accepted national profes-
6 sional guidelines for the treatment of a substance use disorder. Such
7 medication assisted treatment shall not be subject to any prior authori-
8 zation mandate.
9 § 2. Subdivision 26-b of section 364-j of the social services law, as
10 added by section 4 of part B of chapter 69 of the laws of 2016, is
11 amended to read as follows:
12 26-b. Managed care providers shall not require prior authorization for
13 [an initial or renewal prescription for buprenorphine or injectable
14 naltrexone for detoxification or maintenance treatment of opioid
15 addiction unless the prescription is for a non-preferred or non-formu-
16 lary form of the drug or as otherwise required by section 1927(k)(6) of
17 the Social Security Act] any buprenorphine products, methadone or long
18 acting injectable naltrexone for detoxification or maintenance treatment
19 of a substance use disorder prescribed according to generally accepted
20 national professional guidelines for the treatment of a substance use
21 disorder.
22 § 3. Subdivision 10 of section 273 of the public health law, as
23 amended by section 7 of part GG of chapter 56 of the laws of 2020, is
24 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00371-02-1
A. 2030 2
1 10. Prior authorization shall not be required for [an initial or
2 renewal prescription for buprenorphine or injectable naltrexone for
3 detoxification or maintenance treatment of opioid addiction unless the
4 prescription is for a non-preferred or non-formulary form of such drug
5 as otherwise required by section 1927(k)(6) of the Social Security Act.
6 Further, prior authorization shall not be required for] any buprenor-
7 phine products, methadone, [when used for opioid use disorder and admin-
8 istered or dispensed in an opioid treatment program] or long acting
9 injectable naltrexone for detoxification or maintenance treatment of a
10 substance use disorder prescribed according to generally accepted
11 national professional guidelines for the treatment of a substance use
12 disorder.
13 § 4. This act shall take effect on the ninetieth day after it shall
14 have become a law; provided, however, that the amendments to subdivision
15 26-b of section 364-j of the social services law made by section two of
16 this act shall not affect the repeal of such section, and shall be
17 deemed repealed therewith.
