A08900 Summary:

BILL NOA08900
 
SAME ASSAME AS S06126
 
SPONSORSilver
 
COSPNSRCymbrowitz, Weinstein
 
MLTSPNSR
 
Amd SS3216, 3221 & 4303, Ins L
 
Enacts chapter amendment to Chapter 598 of 2011 relating to the purchase of prescription drugs through a network participating non-mail order retail pharmacy.
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A08900 Actions:

BILL NOA08900
 
01/04/2012referred to insurance
01/10/2012reported
01/12/2012advanced to third reading cal.300
01/18/2012passed assembly
01/18/2012delivered to senate
01/18/2012REFERRED TO RULES
02/06/2012SUBSTITUTED FOR S6126
02/06/20123RD READING CAL.18
02/06/2012PASSED SENATE
02/06/2012RETURNED TO ASSEMBLY
02/07/2012delivered to governor
02/17/2012signed chap.10
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A08900 Floor Votes:

DATE:01/18/2012Assembly Vote  YEA/NAY: 140/0
Yes
Abbate
Yes
Clark
Yes
Goldfeder
Yes
Linares
Yes
O'Donnell
Yes
Scarborough
Yes
Abinanti
Yes
Colton
Yes
Goodell
Yes
Lopez PD
Yes
Ortiz
Yes
Schimel
Yes
Amedore
Yes
Conte
Yes
Gottfried
ER
Lopez VJ
Yes
Palmesano
Yes
Schimminger
Yes
Arroyo
Yes
Cook
Yes
Graf
Yes
Losquadro
Yes
Paulin
Yes
Simanowitz
Yes
Aubry
Yes
Corwin
Yes
Gunther
Yes
Lupardo
Yes
Peoples Stokes
Yes
Simotas
Yes
Barclay
Yes
Crespo
Yes
Hanna
Yes
Magee
Yes
Perry
Yes
Smardz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magnarelli
Yes
Pretlow
Yes
Stevenson
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Maisel
Yes
Quart
Yes
Sweeney
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Malliotakis
Yes
Ra
Yes
Tedisco
ER
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Markey
Yes
Rabbitt
Yes
Tenney
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
McDonough
Yes
Raia
Yes
Thiele
Yes
Braunstein
Yes
Dinowitz
ER
Jacobs
Yes
McEneny
Yes
Ramos
Yes
Titone
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Reilich
Yes
Titus
Yes
Brindisi
Yes
Englebright
Yes
Jeffries
Yes
McLaughlin
Yes
Reilly
ER
Tobacco
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
Meng
Yes
Rivera J
Yes
Walter
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
Miller D
Yes
Rivera N
Yes
Weinstein
Yes
Burling
Yes
Finch
Yes
Katz
Yes
Miller JM
Yes
Rivera PM
Yes
Weisenberg
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller MG
Yes
Roberts
Yes
Weprin
Yes
Cahill
Yes
Friend
Yes
Kellner
Yes
Millman
Yes
Robinson
Yes
Wright
Yes
Calhoun
ER
Gabryszak
Yes
Kolb
Yes
Montesano
Yes
Rodriguez
Yes
Zebrowski
Yes
Camara
Yes
Galef
Yes
Lancman
Yes
Morelle
ER
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
Yes
Gantt
Yes
Latimer
Yes
Moya
Yes
Russell
Yes
Castelli
Yes
Gibson
Yes
Lavine
Yes
Murray
Yes
Ryan
Yes
Castro
Yes
Giglio
Yes
Lentol
Yes
Nolan
Yes
Saladino
Yes
Ceretto
Yes
Glick
Yes
Lifton
Yes
Oaks
Yes
Sayward

‡ Indicates voting via videoconference
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A08900 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8900
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2012
                                       ___________
 
        Introduced by M. of A. SILVER -- read once and referred to the Committee
          on Insurance
 
        AN  ACT  to  amend  the  insurance  law,  in relation to the purchase of
          prescription drugs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  Paragraph  13-a  of subsection (i) of section 3216 of the
     2  insurance law, as added by Chapter 598 of the laws of 2011,  is  amended
     3  to read as follows:
     4    (13-a)  Every policy that provides coverage for prescription fertility
     5  drugs and requires or permits prescription drugs to be purchased through
     6  a network participating mail order or other  non-retail  pharmacy  shall
     7  provide  the  same  coverage  for prescription fertility drugs when such
     8  drugs are purchased from a network participating non-mail  order  retail
     9  pharmacy  [that  is not a mail order pharmacy] provided that the network
    10  participating non-mail order retail pharmacy agrees in advance through a
    11  contractual network agreement, to the same reimbursement amount, as well

    12  as the same applicable terms and conditions, that the insurer has estab-
    13  lished for a network participating mail order or other non-retail  phar-
    14  macy.  [Such] In such case, the policy shall not impose any [additional]
    15  fee,  co-payment,  co-insurance,  deductible  or  other condition on any
    16  insured who [does not elect] elects to purchase  prescription  fertility
    17  drugs through a [mail order] network participating non-mail order retail
    18  pharmacy   that  it  does  not  impose  on  any  insured  who  purchases
    19  prescription fertility drugs through a network participating mail  order
    20  or other non-retail pharmacy.
    21    § 2. Subparagraph (D) of paragraph 6 of subsection (k) of section 3221

    22  of  the  insurance  law, as added by Chapter 598 of the laws of 2011, is
    23  amended to read as follows:
    24    (D) Every policy that provides  coverage  for  prescription  fertility
    25  drugs and requires or permits prescription drugs to be purchased through
    26  a  network  participating  mail order or other non-retail pharmacy shall
    27  provide the same coverage for prescription  fertility  drugs  when  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10740-06-2

        A. 8900                             2
 
     1  drugs  are  purchased from a network participating non-mail order retail

     2  pharmacy [that is not a mail order pharmacy] provided that  the  network
     3  participating non-mail order retail pharmacy agrees in advance through a
     4  contractual network agreement, to the same reimbursement amount, as well
     5  as the same applicable terms and conditions, that the insurer has estab-
     6  lished  for a network participating mail order or other non-retail phar-
     7  macy.  [Such] In such case, the policy shall not impose any [additional]
     8  fee, co-payment, co-insurance, deductible  or  other  condition  on  any
     9  covered  person  who  [does  not  elect] elects to purchase prescription
    10  fertility drugs through a [mail order]  network  participating  non-mail

    11  order  retail pharmacy that it does not impose on any covered person who
    12  purchases prescription fertility drugs through a  network  participating
    13  mail  order  or  other  non-retail pharmacy; provided, however, that the
    14  provisions of this section shall not supersede the terms of a collective
    15  bargaining agreement or apply to a  policy  that  is  the  result  of  a
    16  collective  bargaining agreement between an employer and a recognized or
    17  certified employee organization.
    18    § 3. Paragraph 4 of subsection (s) of section 4303  of  the  insurance
    19  law,  as added by Chapter 598 of the laws of 2011, is amended to read as
    20  follows:
    21    (4) Every [policy] contract issued  by  a  medical  expense  indemnity

    22  corporation,  a hospital service corporation or a health services corpo-
    23  ration that provides  coverage  for  prescription  fertility  drugs  and
    24  requires or permits prescription drugs to be purchased through a network
    25  participating  mail order or other non-retail pharmacy shall provide the
    26  same coverage for prescription  fertility  drugs  when  such  drugs  are
    27  purchased  from  a  network participating non-mail order retail pharmacy
    28  [that is not a mail order pharmacy] provided that  the  network  partic-
    29  ipating  non-mail  order  retail  pharmacy  agrees in advance, through a
    30  contractual network agreement, to the same reimbursement amount, as well
    31  as the same applicable terms and conditions, that  the  corporation  has

    32  established for the network participating mail order or other non-retail
    33  pharmacy.  [Such policy] In such case, the contract shall not impose any
    34  [additional]  fee,  co-payment, co-insurance, deductible or other condi-
    35  tion on any covered person who does not elect to  purchase  prescription
    36  fertility  drugs  through  a  network  participating mail order or other
    37  non-retail pharmacy; provided, however,  that  the  provisions  of  this
    38  section  shall not supersede the terms of a collective bargaining agree-
    39  ment or apply to a contract that is the result of a collective  bargain-
    40  ing agreement between an employer and a recognized or certified employee
    41  organization.

    42    §  4.  This  act  shall  take  effect on the same date and in the same
    43  manner as section 5 of chapter 598 of the laws of 2011, takes effect.
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