|
See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
6992
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
___________
Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to
prescription prices and pharmacies for injured employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 5 of subdivision (i) of section 13 of the work-
2 ers' compensation law, as added by chapter 6 of the laws of 2007 is
3 amended and two new paragraphs 6 and 7 are added to read as follows:
4 (5) Notwithstanding any other provision of this chapter, if an employ-
5 er or carrier has contracted with a pharmacy to provide prescribed medi-
6 cine to claimants, then such employer or carrier may require claimants
7 to obtain all prescribed medicines from the pharmacy with which it has
8 contracted, except if a medical emergency occurs and it would not be
9 reasonably possible to obtain immediately required prescribed medicine
10 from the pharmacy with which the employer or carrier has a contract. An
11 employer or carrier that requires claimants to obtain prescribed medi-
12 cines from a pharmacy with which it has a contract must notify claimants
13 of the pharmacy or pharmacies with which it has a contract, the
14 locations and addresses of the pharmacy or pharmacies, if applicable,
15 how to initially fill and refill prescriptions through the mail, inter-
16 net, telephone or other means, and any other required information that
17 must be supplied to the pharmacy or pharmacies. If the pharmacy or phar-
18 macies with which the employer or carrier contracts does not offer mail
19 order service and does not have a physical location within a reasonable
20 distance from the claimant, as defined by regulation of the board, the
21 claimant may obtain prescribed medicines at the pharmacy or pharmacies
22 of his or her choice and the employer or carrier will be liable for such
23 charges in accordance with the fee schedule prescribed in section thir-
24 teen-o of this chapter. PROVIDED, HOWEVER, THAT AN EMPLOYER OR CARRIER
25 SHALL BE PROHIBITED FROM REFUSING TO ALLOW A CLAIMANT TO UTILIZE A PHAR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10198-01-9
A. 6992 2
1 MACY OF HIS OR HER CHOICE TO FURNISH THE PRESCRIBED MEDICATIONS REQUIRED
2 BY THE CLAIMANT AS LONG AS SUCH PHARMACY'S CHARGES COMPLY WITH THE
3 PUBLISHED PRICES AS DEFINED IN PARAGRAPH SIX OF THIS SUBDIVISION.
4 (6) IF AN EMPLOYER OR CARRIER HAS CONTRACTED WITH A PHARMACY PURSUANT
5 TO PARAGRAPH FIVE OF THIS SUBDIVISION THEN SUCH EMPLOYER OR CARRIER
6 SHALL BE REQUIRED TO SUBMIT AND PUBLISH THE PRICES FOR ALL AVAILABLE
7 MEDICINES, INCLUDING ALL MANAGEMENT FEES THAT ARE PAID FOR PHARMACY
8 SERVICES, TO THE BOARD. THE BOARD SHALL ESTABLISH RULES AND REGULATIONS
9 TO PROVIDE FOR THE DISSEMINATION AND ACCESS OF THE PRICES SUBMITTED AND
10 PUBLISHED BY THE EMPLOYER OR CARRIER TO ANY PHARMACY WHO HAS NOT
11 CONTRACTED WITH AN EMPLOYER OR CARRIER.
12 (7) ANY PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
13 AND HAS NOT BEEN REIMBURSED IN ACCORDANCE WITH THE PROVISIONS OF PARA-
14 GRAPH ONE OF THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
15 AGAINST THE EMPLOYER AND CARRIER TO RECOVER THE AMOUNTS DUE TO SUCH
16 PHARMACY PURSUANT TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO
17 BE ESTABLISHED BY THE BOARD OR THE CHAIRMAN. WHERE A PHARMACY BILL HAS
18 BEEN DETERMINED TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF
19 THIS SUBDIVISION, THE BOARD SHALL INCLUDE IN THE AMOUNT OF THE AWARD
20 INTEREST OF NOT MORE THAN ONE AND ONE-HALF PERCENT PER MONTH PAYABLE TO
21 THE PHARMACY IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY
22 THE BOARD.
23 S 2. This act shall take effect immediately.
|