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A02108 Summary:

BILL NOA02108
 
SAME ASNo Same As
 
SPONSOREnglebright (MS)
 
COSPNSRColton, Jaffee, Galef, Perry
 
MLTSPNSRAbbate, Gunther, McDonough, Paulin
 
Add Art 2 Title 4 255, Eld L
 
Creates the state pharmaceutical local choice program to require that prescription drug plans within health insurance policies permit insureds who are 60 years of age or older to obtain pharmaceuticals from local pharmacies.
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A02108 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2108
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, JAFFEE, GALEF, PERRY --
          Multi-Sponsored by -- M. of A. ABBATE, GUNTHER, McDONOUGH,  PAULIN  --
          read once and referred to the Committee on Aging
 
        AN  ACT  to  amend the elder law, in relation to creating the pharmaceu-
          tical local choice program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 2 of the elder law is amended by adding a new title
     2  4 to read as follows:
     3                                    TITLE 4
     4                          MISCELLANEOUS PROVISIONS
 
     5  Section 255. Pharmaceutical local choice program.
     6    § 255. Pharmaceutical  local  choice  program. 1. Any provision of any
     7  other law to the contrary notwithstanding, every health insurance policy
     8  which provides coverage to any person sixty years of age  or  older  for
     9  prescribed  drugs  that  includes  a  requirement  that  insureds obtain
    10  prescription drugs from a  non-resident  establishment,  as  defined  in
    11  section  sixty-eight  hundred  eight-b of the education law, shall addi-
    12  tionally provide that an insured may obtain such prescription  drugs  in
    13  the  quantity  allowed by law as ordered by a prescriber legally author-
    14  ized to write a prescription, in any therapeutic  category  or  for  any
    15  medical  condition  without any financial disincentive or penalty from a
    16  pharmacy registered with the education department  pursuant  to  section
    17  sixty-eight hundred eight of the education law which, insofar as reason-
    18  able,  shall  be  located  and  accessible in the local community of the
    19  insured and  which  shall  be  a  pharmacy  under  contract  to  provide
    20  prescription  drugs  for the insured.  For purposes of this section, the
    21  term "health insurance policy" shall mean  and  include  any  policy  of
    22  accident  and  health insurance delivered or issued for delivery in this
    23  state, as described in subsection (i)  of  section  three  thousand  two
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05062-01-9

        A. 2108                             2
 
     1  hundred  sixteen  of the insurance law, to any person sixty years of age
     2  or older and any group or blanket policy delivered or issued for  deliv-
     3  ery  in  this  state, as described in section three thousand two hundred
     4  twenty-one  of  the  insurance  law  to any person sixty years of age or
     5  older.
     6    2. The provisions of subdivision one of this  section  (a)  shall  not
     7  apply  to  health insurance policies the provisions of which are subject
     8  to collective bargaining agreements which are in  contradiction  to  the
     9  requirements  of  such subdivision or which are preempted by any federal
    10  law, rule or other regulation; (b) shall  only  apply  to  policies  and
    11  contracts  issued, renewed, modified, altered or amended on or after the
    12  effective date of this section; and (c) shall not impose or require  any
    13  other  differences  in treatment for the use of such local pharmacy with
    14  respect to co-payments or quantity limitations or other similar payments
    15  or limitations.
    16    § 2. This act shall take effect July 1, 2019.
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