A10111 Summary:

BILL NOA10111
 
SAME ASSAME AS S02949-A
 
SPONSORRules (McDonald)
 
COSPNSR
 
MLTSPNSR
 
Amd S3331, Pub Health L; amd SS3216, 3221 & 4303, Ins L
 
Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3-10 day supply; prohibits the imposition of an additional health insurance copayment if a subsequent prescription is issued for an aggregate of not more than a 30 day supply of such controlled substance.
Go to top    

A10111 Actions:

BILL NOA10111
 
06/13/2014referred to health
Go to top

A10111 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A10111 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10111
 
                   IN ASSEMBLY
 
                                      June 13, 2014
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
          read once and referred to the Committee on Health
 
        AN  ACT  to  amend  the  public  health law, in relation to limiting the
          initial prescription of a controlled substance for the alleviation  of
          acute  pain  to  between  a  three to ten day supply; and to amend the
          insurance law, in relation to coverage of such prescriptions
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 3331 of the public health law, as
     2  amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
     3  follows:
     4    5. (a) No more than a thirty day supply or, pursuant to regulations of
     5  the  commissioner  enumerating  conditions  warranting specified greater
     6  supplies, no more than a three month supply of a schedule II, III or  IV
     7  substance, as determined by the directed dosage and frequency of dosage,
     8  may be dispensed by an authorized practitioner at one time.
     9    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    10  sion, an authorized practitioner, within the scope of his or her profes-

    11  sional opinion or discretion, may dispense or  prescribe  no  more  than
    12  between  a three and ten day supply of any schedule II or III controlled
    13  substance to an ultimate user upon the initial consultation or treatment
    14  of such user for acute pain.  Thereafter, the dispensing and prescribing
    15  of the controlled substance shall be subject to the provisions of  para-
    16  graph (a) of this subdivision.
    17    (c)  For  the  purposes  of this subdivision, "acute pain" means pain,
    18  whether accidental or intentional, that lasts only  a  short  or  finite
    19  period of time. Such term shall not include chronic pain, cancer pain or
    20  palliative care practices.
    21    § 2. Subsection (i) of section 3216 of the insurance law is amended by

    22  adding a new paragraph 30 to read as follows:
    23    (30)  No  policy  delivered or issued for delivery in this state which
    24  provides coverage for prescription drugs and which provides  for  copay-
    25  ments  by  covered persons, shall impose upon any covered person, who is
    26  prescribed a limited amount of a prescription drug  for  acute  pain  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02570-03-4

        A. 10111                            2
 
     1  accordance  with  paragraph  (b)  of subdivision five of section thirty-
     2  three hundred thirty-one of the public health law, an additional  copay-

     3  ment if an authorized prescriber, within the scope of his or her profes-
     4  sional  opinion,  prescribes an additional amount of a prescription drug
     5  for acute pain, as defined in such subdivision.  This  limitation  shall
     6  apply  only to the amount of prescription drug constituting a thirty day
     7  supply, including the limited supply provided  pursuant  to  such  para-
     8  graph.
     9    § 3. Subsection (k) of section 3221 of the insurance law is amended by
    10  adding a new paragraph 19 to read as follows:
    11    (19)  No  group  or blanket policy delivered or issued for delivery in
    12  the state which provides  coverage  for  prescription  drugs  and  which
    13  provides  for  copayments  by  covered  persons,  shall  impose upon any

    14  covered person, who is prescribed a limited  amount  of  a  prescription
    15  drug for acute pain in accordance with paragraph (b) of subdivision five
    16  of  section thirty-three hundred thirty-one of the public health law, an
    17  additional copayment if an authorized prescriber, within  the  scope  of
    18  his  or  her  professional opinion, prescribes an additional amount of a
    19  prescription drug for acute pain, as defined in such  subdivision.  This
    20  limitation  shall  apply only to the amount of prescription drug consti-
    21  tuting a thirty day supply, including the limited supply provided pursu-
    22  ant to such paragraph.
    23    § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
    24  subsection (oo) to read as follows:

    25    (oo) No medical expense indemnity corporation, hospital service corpo-
    26  ration  or  health  service  corporation  which  provides  coverage  for
    27  prescription drugs and which provides for copayments by covered persons,
    28  shall impose upon any covered person, who is prescribed a limited amount
    29  of a prescription drug for acute pain in accordance with  paragraph  (b)
    30  of  subdivision  five  of section thirty-three hundred thirty-one of the
    31  public health law, an additional copayment if an authorized  prescriber,
    32  within the scope of his or her professional opinion, prescribes an addi-
    33  tional  amount of a prescription drug for acute pain, as defined in such
    34  subdivision.  This  limitation  shall  apply  only  to  the  amount   of

    35  prescription drug constituting a thirty day supply, including the limit-
    36  ed supply provided pursuant to such paragraph.
    37    §  5.  This  act  shall take effect on the sixtieth day after it shall
    38  have become a law.
Go to top