2006 New York Code - Prescription Drug Payments.

 
    * §  365-i.  Prescription  drug payments. Payments for drugs which may
  not  be  dispensed  without  a  prescription  as  required  by   section
  sixty-eight  hundred  ten  of the education law and for which payment is
  authorized pursuant to paragraph (g) of subdivision two of section three
  hundred sixty-five-a  of  this  title  shall  not  be  included  in  the
  capitation   payment  for  services  or  supplies  provided  to  medical
  assistance recipients by a  health  maintenance  organization  or  other
  entity  which is certified under article forty-four of the public health
  law or licensed pursuant to article forty-three of the insurance law  or
  otherwise authorized by law to offer comprehensive health services plans
  to  medical assistance recipients; provided, however, this section shall
  not prohibit the commissioner from undertaking a  demonstration  program
  that  would  permit  the inclusion of payment for prescription drugs for
  Medicare/Medicaid dually eligible individuals in the capitation  payment
  for  services or supplies provided to medical assistance recipients by a
  health maintenance organization or other entity which is certified under
  article forty-four of the public health  law  or  licensed  pursuant  to
  article  forty-three of the insurance law or otherwise authorized by law
  to offer comprehensive  health  services  plans  to  medical  assistance
  recipients;  provided  however, that participation in such demonstration
  program for Medicare/Medicaid dually eligible individuals  is  voluntary
  and  targeted  primarily  to the elderly who choose to remain in managed
  care.
    * NB Repealed March 31, 2009