NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A997
SPONSOR: Forrest TITLE OF BILL:
An act to amend the social services law, in relation to limiting avail-
ability and coverage for non-invasive prenatal testing for medicaid
patients based on age if such limits are recommended by the United
States food and drug administration, the centers for Medicare and medi-
caid services, or the United States department of health and human
services
PURPOSE:
To ensure that the New York State Medicaid program can react to updated
policy recommendations, health care facts and information, and/or safety
communications related to age restrictions for non-invasive prenatal
testing which are recognized by federal agencies.
SUMMARY OF PROVISIONS:
This bill amends Chapter 650 of the Laws of 2022 by clarifying that DOH
may make changes to the availability and coverage of non-invasive prena-
tal tests based on the safety communications or policy guidance recom-
mendations from the United States Food and Drug Administration, the
Centers for Medicare and Medicaid Services, and the United States
Department of Health and Human .Services.
JUSTIFICATION:
This bill provides additional flexibility to the New York State Depart-
ment of Health (DOH) if federal health organizations publish updated
policy recommendations, health information, or safety communications
related to age restrictions for non-invasive prenatal testing. The New
York State Medicaid program currently supports the expansion of non-in-
vasive prenatal testing beyond the former coverage of individuals who
met the risk criteria and/or were 30 years of age or older. This bill
enables DOH to align their policy with that of federal agencies in the
event that federal agencies issue warnings related to false results,
publish additional information related to appropriate or inappropriate
use of tests, or provide updated policy guidance related to expanding or
restricting the coverage of non-invasive prenatal tests by public health
insurance programs.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022, amending the social services law relating
to increasing access to non-invasive prenatal testing under medicaid, as
proposed in legislative bills numbers S. 8157 and A. 8604, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
997
2023-2024 Regular Sessions
IN ASSEMBLY
January 12, 2023
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to limiting avail-
ability and coverage for non-invasive prenatal testing for medicaid
patients based on age if such limits are recommended by the United
States food and drug administration, the centers for Medicare and
medicaid services, or the United States department of health and human
services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 365-k of the
2 social services law, as added by a chapter of the laws of 2022, amending
3 the social services law relating to increasing access to non-invasive
4 prenatal testing under medicaid, as proposed in legislative bills
5 numbers S. 8157 and A. 8604, is amended to read as follows:
6 (b) The standards and guidelines established under this section for
7 providing non-invasive prenatal testing shall not limit availability and
8 coverage for a test based on the age of the pregnant patient, unless the
9 limit is explicitly called for by the generally accepted standards of
10 professional practice or is otherwise recommended by safety communi-
11 cations or guidance issued by the United States food and drug adminis-
12 tration, the centers for Medicare and medicaid services, or the United
13 States department of health and human services.
14 § 2. This act shall take effect on the same date and in the same
15 manner as a chapter of the laws of 2022, amending the social services
16 law relating to increasing access to non-invasive prenatal testing under
17 medicaid, as proposed in legislative bills numbers S. 8157 and A. 8604,
18 takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03984-01-3
