•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00334 Summary:

BILL NOA00334
 
SAME ASNo Same As
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Amd §13, Work Comp L
 
Authorizes workers' compensation claimants to use any in-state pharmacy that is registered with the education department, though an employer or insurance carrier may encourage use of a pharmacy with which it has a contract; provides that a workers' compensation carrier shall not be liable for charges from any out-of-state pharmacy or for any extemporaneous compound medication that has by been approved by the Food and Drug Administration.
Go to top

A00334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           334
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
          provision of prescription medicine to workers' compensation claimants
 
          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 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] encourage
     7  claimants to obtain all prescribed  medicines  from  the  pharmacy  with
     8  which  it  has  contracted[, except if a medical emergency occurs and it
     9  would  not  be  reasonably  possible  to  obtain  immediately   required
    10  prescribed medicine from the pharmacy with which the employer or carrier
    11  has  a  contract].  An  employer  or  carrier that [requires] encourages
    12  claimants to obtain prescribed medicines from a pharmacy with  which  it
    13  has  a contract must notify claimants of the pharmacy or pharmacies with
    14  which it has a contract, the locations and addresses of the pharmacy  or
    15  pharmacies,   if   applicable,   how   to   initially  fill  and  refill
    16  prescriptions through the mail, internet, telephone or other means,  and
    17  any  other required information that must be supplied to the pharmacy or
    18  pharmacies. [If the pharmacy or pharmacies with which  the  employer  or
    19  carrier  contracts does not offer mail order service and does not have a
    20  physical location within a reasonable distance  from  the  claimant,  as
    21  defined  by  regulation of the board, the claimant may obtain prescribed
    22  medicines at the pharmacy or pharmacies of his or  her  choice  and  the
    23  employer  or  carrier will be liable for such charges in accordance with
    24  the fee schedule prescribed in  section  thirteen-o  of  this  chapter.]
    25  While  an employer or a carrier may contract with a network pharmacy and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01549-01-3

        A. 334                              2
 
     1  encourage  claimants  to  use  it  exclusively,  claimants  may   obtain
     2  prescribed  medicines at the pharmacy or pharmacies of his or her choice
     3  so long as that pharmacy is registered as a resident, in-state  pharmacy
     4  with  the  education  department,  and  the employer or carrier shall be
     5  liable for such charges in accordance with the fee  schedule  prescribed
     6  in  section  thirteen-o  of  this article so long as the medications are
     7  casually related to the claimant's work related injuries. Such  require-
     8  ments  shall  not apply to any non-resident, out-of-state pharmacies nor
     9  shall it  apply  to  any  compound  medications  that  the  claimant  is
    10  prescribed.  The  employer  or  carrier shall have the right to deny any
    11  charges that originate from non-resident,  out-of-state  pharmacies  and
    12  deny  any  charges for extemporaneous compound medications that have not
    13  been approved by the federal Food and Drug Administration.
    14    § 2. This act shall take effect on the one hundred twentieth day after
    15  it shall have become a law.
Go to top