June 6, 2021

NYS Council members,

As you may recall, last year the Governor vetoed a bill that would have prohibited prior authorization of MAT medications in the Medicaid Program, however he signed the bill that applied to commercial insurance.

After a ton of advocacy and pressure on the part of many stakeholders and advocates including the NYS Council, last month the Assembly passed its’ bill (again) pertaining to the Medicaid Program, and last week the Senate passed its’ ‘same as’ version. The bill now moves to the Governor’s desk for final action. We will need to advocate hard to ensure the Governor addresses the current disparity that exists for New Yorkers who need MAT, by signing the bill quickly.

Summary: This legislation would allow individuals with Medicaid insurance the ability to access whichever MAT medication is most beneficial to them and their needs, without utilization control, mandated prior authorization, or lifetime limits.

The bills are:

A02030 (L. Rosenthal) /S00649A (Harckham)

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LEGISLATIVE 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 individual to reach recovery more easily. However, medications used in MAT programs are not interchangeable and each patient may respond differently, 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

EFFECTIVE DATE: This act shall take effect in 90 days.

S00649 Summary:

S00649 Actions: