S T A T E   O F   N E W   Y O R K
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                                  1843

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to establishing  the  employ-
  ee's right to choose source of prescription drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 217 of the labor law is amended by  adding  a  new
subdivision 6-b to read as follows:
  6-B.  NO SUCH POLICY PROVIDED UNDER THIS SECTION SHALL IMPOSE AN ADDI-
TIONAL FEE OR CO-PAY REQUIREMENT ON ANY EMPLOYEE OR INSURED  WHO  ELECTS
TO  PURCHASE  PRESCRIBED  DRUGS FROM OTHER THAN A MAIL ORDER PROVIDER IF
SUCH FEE OR CO-PAY IS NOT OTHERWISE IMPOSED. NOR SHALL ANY  SUCH  POLICY
REQUIRE  THAT  ONLY  MAIL  ORDER PROVIDERS BE UTILIZED AS A CONDITION OF
COVERAGE FOR PRESCRIBED DRUGS.
  S 2. Subdivisions 4 and 5 of section 195 of the labor law, subdivision
4 as added by chapter 548 of the laws of 1966 and subdivision 5 as added
by chapter 256 of the laws of 1981, are amended and  a  new  subdivision
5-a is added to read as follows:
  4.  establish,  maintain  and  preserve  for not less than three years
payroll records showing the hours worked, gross  wages,  deductions  and
net wages for each employee[.];
  5.  notify  his OR HER employees in writing or by publicly posting the
employer's policy on sick leave, vacation, personal leave, holidays  and
hours[.];
  5-A.  NOTIFY EMPLOYEES OF THEIR RIGHT TO REQUEST THAT PRESCRIBED DRUGS
AS COVERED BY SECTION TWO HUNDRED SEVENTEEN OF THIS CHAPTER, SHALL BE AT
THE PREFERENCE OF THE EMPLOYEE, AND THAT SUCH EMPLOYEE MAY CHOOSE  OTHER
THAN MAIL ORDER DELIVERY; AND
  S 3. The labor law is amended by adding a new section 217-a to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02894-01-9

              

S. 1843                             2

  S  217-A.  NOTICE  OF  MAIL  ORDER  PRESCRIPTIONS.  EVERY EMPLOYEE WHO
RECEIVES A BENEFIT OF EMPLOYMENT UNDER THE PROVISIONS OF  THIS  CHAPTER,
INCLUDING  COVERAGE  FOR  PRESCRIPTION  DRUGS  FOR SUCH EMPLOYEE OR SUCH
EMPLOYEE'S FAMILY MEMBERS, SHALL RECEIVE   NOTICE THIRTY DAYS  PRIOR  TO
ENACTMENT   OF   A   RULE  OR  REGULATION  REQUIREMENT  THAT  MAIL-ORDER
PRESCRIPTION DRUGS BE OBTAINED, AND THAT THE EMPLOYEE  HAS  THIRTY  DAYS
THEREUPON  TO  INFORM  THE  EMPLOYER OF THEIR PREFERENCE TO CHOOSE OTHER
THAN MAIL ORDER DELIVERY OF SUCH PRESCRIBED DRUGS  AND  SUCH  PREFERENCE
SHALL BE DETERMINATIVE.
  S 4. This act shall take effect immediately.