New York State Assembly

 
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A02201 Summary:

A02201 Actions:

A02201 Committee Votes:

Committee:INSURANCE   Chair:Weprin      
DATE:01/31/2023AYE/NAY:23/0  Action: Favorable refer to committee Rules        
Weprin
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Excused
Palmesano
Aye
Lavine
Aye
Gandolfo
Aye
Steck
Aye
Curran
Aye
Dilan
Aye
Jensen
Aye
Hunter
Aye
Blumencranz
Aye
Rosenthal
Aye
Bendett
Aye
Stern
Aye
Jacobson
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye
Cruz
Aye
Bores
Aye
Lunsford
Aye

Committee:RULES   Chair:Heastie      
DATE:01/31/2023AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Barclay
Excused
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Excused
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A02201 Floor Votes:

A02201 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2201
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Insurance
 
        AN ACT to amend the insurance law and the public health law, in relation
          to directing the commissioner  of  health  to  promulgate  a  list  of
          prescription  drugs for which an emergency thirty-day supply cannot be
          obtained

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subsection  (c)  of section 3242 of the insurance law, as
     2  added by a chapter of the laws of 2022 amending the insurance law relat-
     3  ing to requiring  policies  and  contracts  that  provide  coverage  for
     4  prescription  drugs to include coverage of an immediate additional thir-
     5  ty-day supply of a prescription during a state  disaster  emergency,  as
     6  proposed in legislative bills numbers S. 4856 and A. 7469, is amended to
     7  read as follows:
     8    (c)[(1)]  Every  policy delivered or issued for delivery in this state
     9  that provides coverage for prescription drugs shall include in the poli-
    10  cy a process that allows an insured,  the  insured's  designee,  or  the
    11  insured's prescribing health care provider to immediately obtain, on the
    12  insured's  behalf,  an  additional  thirty-day  supply  of  any  current
    13  prescription of the insured, except as provided  in  [paragraph  two  of
    14  this  subsection]  section  two  hundred  seventy-eight-a  of the public
    15  health law, at the same level of coverage as a  normal  refill  of  such
    16  prescription  drug  upon  the  declaration of a state disaster emergency
    17  pursuant to section twenty-eight of the executive law.
    18    [(2)  The  commissioner  of  health  shall  promulgate   a   list   of
    19  prescription drugs which shall not be subject to the provisions of para-
    20  graph one of this subsection. Such list shall include, but not be limit-
    21  ed to, all schedule II and schedule III controlled substances.]
    22    §  2. Subsection (c) of section 4329 of the insurance law, as added by
    23  a chapter of the laws of 2022 amending the  insurance  law  relating  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04311-01-3
        A. 2201                             2
 
     1  requiring  policies and contracts that provide coverage for prescription
     2  drugs to include coverage of an immediate additional  thirty-day  supply
     3  of  a  prescription  during  a  state disaster emergency, as proposed in
     4  legislative  bills  numbers S.   4856 and A. 7469, is amended to read as
     5  follows:
     6    (c) [(1)] Every contract  issued  by  a  corporation  subject  to  the
     7  provisions of this article that provides coverage for prescription drugs
     8  shall  include  in  the  contract  a process that allows an insured, the
     9  insured's designee, or the insured's prescribing health care provider to
    10  immediately obtain, on the insured's behalf,  an  additional  thirty-day
    11  supply of any current prescription of the insured, except as provided in
    12  [paragraph  two  of this subsection] section two hundred seventy-eight-a
    13  of the public health law, at the same level  of  coverage  as  a  normal
    14  refill  of such prescription drug upon the declaration of a state disas-
    15  ter emergency pursuant to section twenty-eight of the executive law.
    16    [(2)  The  commissioner  of  health  shall  promulgate   a   list   of
    17  prescription drugs which shall not be subject to the provisions of para-
    18  graph  one  of  this  subsection.    Such list shall include, but not be
    19  limited to, all schedule II and schedule III controlled substances.]
    20    § 3.  The public health law is amended by adding a new  section  278-a
    21  to read as follows:
    22    §  278-a.  Exceptions to drug prescription supply during an emergency.
    23  The commissioner shall promulgate a  list  of  prescription  drugs  that
    24  shall  not  be  subject  to subsection (c) of section three thousand two
    25  hundred forty-two and subsection (c)  of  section  four  thousand  three
    26  hundred  twenty-nine  of the insurance law. Such list shall include, but
    27  not  be  limited  to,  all  schedule  II  and  schedule  III  controlled
    28  substances.
    29    §  4.  This  act  shall  take  effect on the same date and in the same
    30  manner as a chapter of the laws  of  2022  amending  the  insurance  law
    31  relating  to  requiring policies and contracts that provide coverage for
    32  prescription drugs to include coverage of an immediate additional  thir-
    33  ty-day  supply  of  a prescription during a state disaster emergency, as
    34  proposed in legislative bills numbers S. 4856 and A. 7469, takes effect.