Amd §273, Pub Health L; amd §364-j, Soc Serv L; amd §§3216, 3221 & 4303, Ins L
Prohibits the preferred drug program, managed care programs and insurers from restricting or imposing delays in the distribution of antiretroviral prescription drugs prescribed to a person for the treatment or prevention of the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
STATE OF NEW YORK
________________________________________________________________________
1001
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sens. HOYLMAN, MYRIE, SALAZAR -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
preferred drug program from restricting or imposing delays in the
distribution of antiretroviral prescription drugs to certain persons;
to amend the social services law, in relation to prohibiting managed
care programs from restricting or imposing delays in the distribution
of antiretroviral prescription drugs to certain persons; and to amend
the insurance law, in relation to prohibiting insurers from restrict-
ing or imposing delays in the distribution of antiretroviral
prescription drugs to certain persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 273 of the public health law is amended by adding a
2 new subdivision 11 to read as follows:
3 11. No prior authorization, step therapy, or any other protocol that
4 could restrict or delay the dispensing of the drug shall be required for
5 antiretroviral prescription drugs prescribed to a person in a state
6 public health plan for the treatment or prevention of the human immuno-
7 deficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
8 § 2. Section 364-j of the social services law is amended by adding a
9 new subdivision 26-d to read as follows:
10 26-d. Managed care providers shall not subject an antiretroviral
11 prescription drug prescribed to a person for the treatment or prevention
12 of the human immunodeficiency virus (HIV) or acquired immunodeficiency
13 syndrome (AIDS) to a prior authorization requirement, step therapy, or
14 any other protocol that could restrict or delay the dispensing of the
15 drug.
16 § 3. Subsection (i) of section 3216 of the insurance law is amended by
17 adding a new paragraph 39 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04099-01-3
S. 1001 2
1 (39) No policy that provides coverage for antiretroviral prescription
2 drugs prescribed for the treatment or prevention of the human immunode-
3 ficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) shall
4 subject such drugs to prior authorization requirement, step therapy, or
5 any other protocol that could restrict or delay the dispensing of the
6 drug.
7 § 4. Subsection (l) of section 3221 of the insurance law is amended by
8 adding a new paragraph 22 to read as follows:
9 (22) Every group or blanket policy delivered or issued for delivery in
10 this state that provides coverage for antiretroviral prescription drugs
11 for the treatment or prevention of the human immunodeficiency virus
12 (HIV) or acquired immunodeficiency syndrome (AIDS) shall not subject
13 such drug to a prior authorization requirement, step therapy, or any
14 other protocol that could restrict or delay the dispensing of the drug.
15 § 5. Section 4303 of the insurance law is amended by adding a new
16 subsection (uu) to read as follows:
17 (uu) Any contract issued by a medical expense indemnity corporation, a
18 hospital service corporation or a health services corporation that
19 provides coverage for antiretroviral prescription drugs for the treat-
20 ment or prevention of the human immunodeficiency virus (HIV) or acquired
21 immunodeficiency syndrome (AIDS) shall not subject such drug to a prior
22 authorization requirement, step therapy, or any other protocol that
23 could restrict or delay the dispensing of the drug.
24 § 6. This act shall take effect on the first of January next succeed-
25 ing the date on which it shall have become a law; provided, however,
26 that sections three, four and five of this act shall apply to all cover-
27 age, contracts or policies issued, reissued, renewed, modified, altered
28 or amended on or after such effective date; and provided further, howev-
29 er, that the amendments to section 364-j of the social services law made
30 by section two of this act, shall not affect the repeal of such section
31 and shall be deemed repealed therewith. Effective immediately, the
32 addition, amendment and/or repeal of any rule or regulation necessary
33 for the implementation of this act on its effective date are authorized
34 to be made and completed on or before such effective date.
