Provides that there shall be no prior authorization required under the preferred drug program for all medications indicated by the federal Food and Drug Administration for the treatment of asthma.
STATE OF NEW YORK
________________________________________________________________________
3573
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. P. RIVERA, RAMOS, V. LOPEZ, N. RIVERA, ARROYO,
J. RIVERA -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to providing that no
prior authorization shall be required under the preferred drug program
for all medications indicated by the Food and Drug Administration for
the treatment of asthma
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 12 of section 272 of the public health law, as
2 added by section 10 of part C of chapter 58 of the laws of 2005, is
3 amended to read as follows:
4 12. No prior authorization shall be required under the preferred drug
5 program for: (a) atypical anti-psychotics; (b) anti-depressants; (c)
6 anti-retrovirals used in the treatment of HIV/AIDS; [and] (d) anti-re-
7 jection drugs used for the treatment of organ and tissue transplants;
8 (e) any other therapeutic class for the treatment of mental illness or
9 HIV/AIDS, recommended by the committee and approved by the commissioner
10 under this section; and (f) all medications indicated by the federal
11 Food and Drug Administration for the treatment of asthma.
12 § 2. Paragraphs (b) and (c) of subdivision 3 of section 274 of the
13 public health law, as added by section 10 of part C of chapter 58 of the
14 laws of 2005, are amended and a new paragraph (d) is added to read as
15 follows:
16 (b) the potential for, or a history of, overuse, abuse, drug diversion
17 or illegal utilization; [and]
18 (c) the potential for, or a history of, utilization inconsistent with
19 approved indications. Where the commissioner finds that a drug meets at
20 least one of these criteria, in determining whether to make the drug
21 subject to prior authorization under the clinical drug review program,
22 the commissioner shall consider whether similarly effective alternatives
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00428-01-1
A. 3573 2
1 are available for the same disease state and the effect of that avail-
2 ability or lack of availability[.]; and
3 (d) that no prior authorization shall be required for all medications
4 indicated by the federal Food and Drug Administration for the treatment
5 of asthma.
6 § 3. This act shall take effect immediately, except that the amend-
7 ments to article 2-A of the public health law, made by sections one and
8 two of this act, shall not affect the repeal of such article and shall
9 be deemed repealed therewith.
