New York A 4077: Relates to determining whether the state can claim federal financial participation for coverage of and payment for certain evidence-based mobile medical applications

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A04077 Summary:

BILL NOA04077 

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SAME ASNo Same As

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Directs the department of health to request guidance from the Centers for Medicare and Medicaid Services to determine whether the state can claim federal financial participation for coverage of and payment for certain evidence-based mobile medical applications.

Go to top A04077 Actions:

BILL NOA04077 

&nbsp

01/31/2025referred to health

01/07/2026referred to health

Go to topA04077 Committee&nbspVotes:

Go to topA04077 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04077 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4077

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Health

 AN ACT in relation to determining whether the state can claim federal
 financial participation for coverage of and payment for certain
 evidence-based mobile medical applications

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative finding and declaration. New Yorkers in recov-
 2 ery for substance and opioid use disorders and in treatment for mental
 3 health conditions are losing access to in-person treatment under the
 4 state's "stay at home" and social distancing orders as part of coronavi-
 5 rus pandemic mitigation efforts. In recent news reports, experts warn
 6 that the coronavirus pandemic may be "a national relapse trigger" for
 7 individuals in treatment for alcohol, cocaine, methamphetamine, marijua-
 8 na, and heroin addiction. Evidence-based mobile medical applications
 9 are new, software-based disease treatments designed to directly treat
 10 disease, tested for safety and efficacy in randomized clinical trials,
 11 evaluated by the FDA, and prescribed by healthcare providers. These
 12 therapies are designed and tested much like traditional prescription
 13 drugs with one distinction: rather than swallowing a pill or taking an
 14 injection, patients are treated with software. Certain evidence-based
 15 mobile medical applications provide clinicians and patients with
 16 evidence-based remote treatment modalities to treat substance and opioid
 17 use disorders, mental health, and other diseases and conditions. Howev-
 18 er, there is no clear statutory benefit category to allow Medicaid
 19 coverage for evidence-based mobile medical applications. In light of
 20 the promise of evidence-based mobile medical applications for the treat-
 21 ment of patients with substance use and opioid use disorders during the
 22 coronavirus pandemic, this legislation would require that the New York
 23 state department of health seek guidance from the Centers for Medicare
 24 and Medicaid Services relative to a coverage and reimbursement pathway

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02326-01-5

 A. 4077 2

 1 for evidence-based mobile medical applications, in order to accelerate
 2 access to such therapies for enrollees.
 3 § 2. No later than 30 days from the effective date of this section,
 4 the New York state department of health shall request guidance from the
 5 Centers for Medicare and Medicaid Services to determine whether the
 6 state can claim federal financial participation for coverage of and
 7 payment for evidence-based mobile medical applications approved by the
 8 food and drug administration to treat substance use and opioid use
 9 disorders.
 10 § 3. This act shall take effect immediately.

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