Reilly, Sayegh, Brown E, Pirozzolo, Bendett, McGowan, Giglio JM
MLTSPNSR
Amd §3216, Ins L
Prohibits insurance companies from imposing a co-pay pursuant to a follow up visit with a physician in order to receive a refill on an opioid drug prescription which was initially written for seven days or less.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3476
SPONSOR: DeStefano TITLE OF BILL:
An act to amend the insurance law, in relation to prohibiting insurance
companies from imposing a co-pay pursuant to a follow up visit with a
physician in order to receive a refill on an opioid drug prescription
PURPOSE OR GENERAL IDEA OF BILL:
To allow physicians to prescribe short term opioid prescriptions of 7
days or less to patients without fear that the patient would be forced
to pay another co-pay for the medication and follow up visit.
SUMMARY OF PROVISIONS:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 35 to read as follows: (35) Every
policy which provides coverage for opioid drug prescriptions shall not
impose any fee, co-payment, co-insurance, deductible or other condition
on any insured who requires a follow up appointment to receive an addi-
tional opioid drug prescription or a refill of an opioid drug
,prescription after an initial prescription for such opioid drug
prescription which was written for a period of seven days or less. Such
prohibition on any fee, co-payment, coinsurance, deductible or other
condition is limited to one visit or one refill after the initial
appointment or prescription. Upon any subsequent consultation for the
same pain, the practitioner may issue, in accordance with this
subsection, any appropriate renewal, refill, or new prescription for the
opioid or any other dug.
§ 2. This act shall take effect on the ninetieth day after it shall have
become law.
JUSTIFICATION:
New York State has a documented and serious problem with opioid abuse.
Physicians currently may over prescribe opioids to patients for up to 30
days at a time because they fear the patient may not have the financial
resources to pay more co-pays for follow up visits and for more medica-
tion. Often these unnecessary pills are then abused by the patient or
may sit in a medicine cabinet and can be abused by other members of that
household.This legislation will allow flexibility to a physician to
prescribe the proper amount of opioids to patients without fear that it
will be a financial burden to the patient should they need another short
prescription. This will also reduce the amount of unused opioids that
may then be abused.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State
PRIOR LEGISLATIVE HISTORY:
A.3903 of 2021/22 - referred to insurance;
A.3528 of 2017/18 - Referred to insurance;
A.10435 of 2015/16 - Referred to insurance
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3476
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DeSTEFANO, REILLY, SAYEGH -- read once and
referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting insurance
companies from imposing a co-pay pursuant to a follow up visit with a
physician in order to receive a refill on an opioid drug prescription
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 39 to read as follows:
3 (39) Every policy which provides coverage for opioid drug
4 prescriptions shall not impose any fee, co-payment, co-insurance, deduc-
5 tible or other condition on any insured who requires a follow up
6 appointment to receive an additional opioid drug prescription or a
7 refill of an opioid drug prescription after an initial prescription for
8 such opioid drug prescription which was written for a period of seven
9 days or less. Such prohibition on any fee, co-payment, co-insurance,
10 deductible or other condition is limited to one visit or one refill
11 after the initial appointment or prescription. Upon any subsequent
12 consultation for the same pain, the practitioner may issue, in accord-
13 ance with this subsection, any appropriate renewal, refill, or new
14 prescription for the opioid or any other drug.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03588-01-3
