|SAME AS||No Same As|
|COSPNSR||Colton, Jaffee, Galef, Perry|
|MLTSPNSR||Abbate, 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.|
Go to top
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. LBD05062-01-9A. 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.