New York S 6549: Relates to insurance coverage for medical marihuana

Bill Text

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S06549 Summary:

BILL NOS06549 

&nbsp

SAME ASSAME AS A04744

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SPONSORCOONEY

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COSPNSRHARCKHAM, SKOUFIS

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MLTSPNSR

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Amd §3368, Pub Health L; amd §365-a, Soc Serv L

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Relates to providing insurance coverage for medical marihuana.

Go to top S06549 Actions:

BILL NOS06549 

&nbsp

03/17/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS06549 Committee&nbspVotes:

Go to topS06549 Floor&nbspVotes:

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

Go to topS06549 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6549

 2025-2026 Regular Sessions

 IN SENATE

 March 17, 2025
 ___________

 Introduced by Sen. COONEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the social services law, in
 relation to health coverage for medical marihuana

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

 1 Section 1. Section 3368 of the public health law, as added by chapter
 2 90 of the laws of 2014, is amended to read as follows:
 3 § 3368. Relation to other laws. 1. (a) The provisions of this article
 4 shall apply to this title, except that where a provision of this title
 5 conflicts with another provision of this article, this title shall
 6 apply.
 7 (b) Medical marihuana shall not be deemed to be a "drug" for purposes
 8 of article one hundred thirty-seven of the education law. However,
 9 regardless of federal financial participation, medical marihuana, when
 10 dispensed under this title, shall be deemed to be (i) a "prescription
 11 drug" for purposes of coverage under medical assistance under title
 12 eleven of article five of the social services law (provided that the
 13 dispensing site is certified under subdivision eleven of section three
 14 hundred sixty-five-a of the social services law), title one-A of article
 15 twenty-five of this chapter, the insurance law, and the workers' compen-
 16 sation law; (ii) a "covered drug" for purposes of coverage under title
 17 three of article two of the elder law; and (iii) a "health care service"
 18 under section three hundred sixty-nine-gg of the social services law
 19 (unless the commissioner finds that this will result in the loss of
 20 federal financial participation in the program under that section).
 21 2. Nothing in this title shall be construed to require or prohibit an
 22 insurer or health plan under this chapter or the insurance law to
 23 provide coverage for medical marihuana, except that it shall be covered,
 24 as provided in subdivision one of this section, by any insurer or health
 25 plan under title eleven of article five of the social services law,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01731-01-5

 S. 6549 2

 1 title one-A of article twenty-five of this chapter, the workers' compen-
 2 sation law, title three of article two of the elder law, and section
 3 three hundred sixty-nine-gg of the social services law. [Nothing in this
 4 title shall be construed to require coverage for medical marihuana under
 5 article twenty-five of this chapter or article five of the social
 6 services law.]
 7 § 2. Section 365-a of the social services law is amended by adding a
 8 new subdivision 11 to read as follows:
 9 11. The commissioner may certify a dispensing site authorized under
 10 title five-A of article thirty-three the public health law as a medical
 11 assistance provider, solely for the purpose of dispensing medical mari-
 12 huana.
 13 § 3. This act shall take effect on the first of April next succeeding
 14 the date on which it shall have become a law; provided that the amend-
 15 ments to section 3368 of the public health law made by section one of
 16 this act shall not affect the repeal of such section and shall expire
 17 and be deemed repealed therewith. Effective immediately, the addition,
 18 amendment and/or repeal of any rule or regulation necessary for the
 19 implementation of this act on its effective date are authorized to be
 20 made and completed on or before such effective date.

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