New York Senate Bill S04787 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4787--A Cal. No. 451 2023-2024 Regular Sessions  IN SENATE February 14, 2023 ___________ Introduced by Sens. RIVERA, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the social services law, in relation to requiring peri- odic reviews of pending applications for material change in the cover- age status of certain matters relative to new health technology assessment or medical evidence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 365-d of the social services law, 2 as added by section 46-a of part B of chapter 57 of the laws of 2015, is 3 amended to read as follows: 4 5. (a) The commissioner, in consultation with the committee, shall 5 undertake periodic reviews of pending applications for material change 6 in the coverage status of a particular item, health technology or 7 service, and any matter relative to new health technology assessment or 8 medical evidence for which an applicant has submitted a complete appli- 9 cation to the department within three months of receipt. The department 10 shall notify an applicant of incompleteness within thirty days of 11 receipt of submission. Receipt of applications shall be published on the 12 department's website within seven days of receipt. The commissioner 13 shall schedule a review of such pending applications and cause publica- 14 tion of the date of review on the department's website within seven days 15 of the review required by this paragraph. 16 (b) The commissioner, in consultation with the committee, shall issue 17 a report to the chair of the standing committee on health in the senate 18 and assembly and publish the report on the department's website within 19 thirty days of review of any pending application pursuant to paragraph EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08099-03-3 
 S. 4787--A 2 1 (a) of this subdivision. Such report shall provide the date of applica- 2 tion, date of review, and a stated determination of sufficiency of 3 evidence warranting committee deliberation and recommendation. In the 4 event of an affirmative determination of sufficiency of evidence, the 5 commissioner shall require the committee to issue a recommendation with- 6 in six months of such determination of sufficiency. In the event of a 7 negative determination, the commissioner shall detail such insufficiency 8 of evidence and allow the applicant to cure stated deficiencies for 9 review under the requirements provided in paragraph (a) of this subdivi- 10 sion. 11 (c) The committee shall consider any matter regarding material changes 12 in the coverage status of a particular item, health technology or 13 service, and any matter relative to new health technology assessment or 14 medical evidence review for which the department determines a sufficient 15 body of evidence exists to warrant committee deliberation. The commis- 16 sioner shall provide members of the committee with any evidence or 17 information related to the health technology or medical service assess- 18 ment including but not limited to, information submitted by members of 19 the public. The department shall report to the committee programmatic 20 changes to benefits that do not rise to the level of a material change, 21 as well as determinations of when sufficient medical evidence exists to 22 warrant committee deliberations. The commissioner shall provide forty- 23 five days public notice on the department's website prior to any meeting 24 of the committee to develop recommendations concerning health technology 25 or medical service coverage determinations. Such notice shall include a 26 description of the proposed health technology or service to be reviewed, 27 the conditions or diseases impacted by the health technology or service, 28 the proposals to be considered by the committee, and the systematic 29 evidence-based assessment prepared in accordance with this subdivision. 30 The committee shall allow interested parties a reasonable opportunity to 31 make an oral presentation to the committee related to the health tech- 32 nology or service to be reviewed and to submit written information. The 33 committee shall consider any information provided by any interested 34 party, including, but not limited to, health care providers, health care 35 facilities, patients, consumers and manufacturers. For all health tech- 36 nologies or services selected for review, the department shall conduct 37 or commission a systematic evidence-based assessment of the health tech- 38 nology's or service's safety and clinical efficacy. The assessment shall 39 use established systematic review elements, study quality assessment, 40 and data synthesis. Upon completion, the systematic, evidence-based 41 assessment shall be made available to the public. 42 § 2. This act shall take effect immediately.