S T A T E   O F   N E W   Y O R K
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                                  3030

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sens.  LAVALLE,  ALESI,  DeFRANCISCO, DIAZ, RANZENHOFER,
  SALAND, VOLKER -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Insurance

AN   ACT   to   amend  the  insurance  law,  in  relation  to  requiring
  prescriptions for drugs to be filled in the amount  indicated  by  the
  prescription;  and  to  amend  the  public  health  law and the social
  services law, in relation to increasing the number of days for which a
  prescription may be filled

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

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 26 to read as follows:
  (26) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
PROVIDE THAT ANY PRESCRIPTION WRITTEN BY AN AUTHORIZED PROVIDER SHALL BE
FILLED IN SUCH EXACT QUANTITY AS INDICATED BY  THE  PRESCRIPTION  WITHIN
AMOUNTS AUTHORIZED BY LAW, PROVIDED THAT NO SUCH QUANTITY SHALL EXCEED A
NINETY  DAY  SUPPLY.  NO  POLICY  SHALL  LIMIT  THE QUANTITY OF ANY DRUG
PRESCRIBED NOR SHALL ANY SUCH POLICY PROVIDE FOR A HIGHER CO-PAYMENT FOR
PRESCRIPTIONS WRITTEN AND DISPENSED IN QUANTITIES ABOVE  A  SET  AMOUNT.
WHERE  A  PHARMACY  IS  UNABLE  TO PROVIDE THE FULL QUANTITY OF ANY DRUG
PRESCRIBED, SUCH PRESCRIPTION SHALL BE FILLED TO THE EXTENT POSSIBLE AND
THE BALANCE OF ANY  UNFILLED  PRESCRIPTION  SHALL  BE  PROVIDED  TO  THE
INSURED   WHEN  IT  BECOMES  AVAILABLE  WITH  NO  ADDITIONAL  CO-PAYMENT
REQUIRED.
  S 2. Subdivision 3 of section  3332  of  the  public  health  law,  as
amended  by  section  7  of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
  3. No such prescription shall be made for  a  quantity  of  controlled
substances  which  would  exceed  a  [thirty]  NINETY  day supply if the
controlled substance were used in accordance with the directions for use
specified on the prescription. [A practitioner  may,  however,  issue  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08494-01-9
              

S. 3030                             2

prescription  for  up  to a three month supply of a controlled substance
provided that the controlled substance has been prescribed to treat  one
of the conditions that have been enumerated by the commissioner pursuant
to  regulations  as  warranting the prescribing of greater than a thirty
day supply of a controlled substance and that the practitioner specifies
the  condition  on  the  face  of  the  prescription.]   No   additional
prescriptions for a controlled substance may be issued by a practitioner
to  an  ultimate  user  within  [thirty]  NINETY days of the date of any
prescription previously issued unless and until the  ultimate  user  has
exhausted  all  but  a  seven  day  supply  of  the controlled substance
provided by any previously  issued  prescription.  A  practitioner  may,
however,  issue  a  prescription  for  up  to  a six month supply of any
substance listed in subdivision (h) of  Schedule  II  of  section  three
thousand  three hundred six of this article provided that such substance
has been prescribed to treat  one  of  the  conditions  that  have  been
enumerated by the commissioner pursuant to regulations as warranting the
prescribing  of  a  six month supply and that the practitioner specifies
the condition on the face of the prescription.
  S 3. Subdivision 1 of section  3333  of  the  public  health  law,  as
amended  by  section  8  of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
  1. A licensed pharmacist may, in good faith and in the course  of  his
or  her  professional  practice,  sell  and dispense to an ultimate user
controlled substances only upon the delivery of  an  official  New  York
state  prescription  to  such pharmacist, within thirty days of the date
such prescription was signed by an  authorized  practitioner;  provided,
however,   a   pharmacist  may  dispense  a  part  or  portion  of  such
prescription in accordance  with  regulations  of  the  commissioner  in
consultation  with the commissioner of education. No pharmacy or pharma-
cist may sell or dispense greater than a [thirty] NINETY day supply of a
controlled substance to an ultimate user unless and until  the  ultimate
user  has  exhausted  all  but  a  seven  day  supply  of the controlled
substance provided  pursuant  to  any  previously  issued  prescription,
except  that a pharmacy or pharmacist may sell or dispense up to a three
month supply of a controlled substance if there appears, on the face  of
the   official  New  York  state  prescription,  a  statement  that  the
controlled substance has been prescribed to treat one of the  conditions
that  have  been  enumerated  by  the regulations of the commissioner as
warranting the prescribing of greater than a [thirty] NINETY day  supply
of a controlled substance. A pharmacy or pharmacist may sell or dispense
up  to  a six month supply of any substance listed in subdivision (h) of
Schedule II of section three thousand three hundred six of this  article
if   there  appears,  on  the  face  of  the  official  New  York  state
prescription, a statement that the  substance  has  been  prescribed  to
treat one of the conditions that have been enumerated by the regulations
of the commissioner as warranting the prescribing of a specified greater
supply.
  S  4.  Subdivision  2  of  section  3339  of the public health law, as
amended by section 13 of part A of chapter 58 of the laws  of  2004,  is
amended to read as follows:
  2.  A  prescription,  except for a schedule II controlled substance or
those schedule III  or  schedule  IV  controlled  substances  which  the
commissioner may require by regulation may be refilled not more than the
number  of  times  specifically  authorized  by  the prescriber upon the
prescription, provided however no such authorization shall be  effective
for  a  period greater than six months from the date the prescription is

S. 3030                             3

signed. In the event that the prescription authorizes the dispensing  of
more  than  a [thirty] NINETY day supply of schedule III, schedule IV or
schedule V  substances  pursuant  to  regulations  of  the  commissioner
enumerating   conditions  warranting  specified  greater  supplies,  the
prescription may be refilled only once.
  S 5. Paragraph (g) of subdivision 2 of section  365-a  of  the  social
services  law,  as  amended by section 1 of part F of chapter 497 of the
laws of 2008, is amended to read as follows:
  (g) sickroom supplies, eyeglasses, prosthetic  appliances  and  dental
prosthetic  appliances  furnished  in accordance with the regulations of
the department, provided that the commissioner of health  is  authorized
to  implement a preferred diabetic supply program wherein the department
of health will receive enhanced rebates from preferred manufacturers  of
glucometers  and  test strips, and may subject non-preferred manufactur-
ers' glucometers and test strips to prior  authorization  under  section
two hundred seventy-three of the public health law; drugs provided on an
in-patient basis, those drugs contained on the list established by regu-
lation  of  the  commissioner  of health pursuant to subdivision four of
this section, and those drugs which  may  not  be  dispensed  without  a
prescription  as  required  by  section  sixty-eight  hundred ten of the
education law and which the commissioner of health shall determine to be
reimbursable based upon such factors as the availability of  such  drugs
or alternatives at low cost if purchased by a medicaid recipient, or the
essential  nature  of  such  drugs  as described by such commissioner in
regulations, provided, however, that such drugs, exclusive of  long-term
maintenance  drugs,  shall  be dispensed in quantities no greater than a
[thirty] NINETY day supply or one hundred doses, whichever  is  greater;
provided  further  that  the  commissioner  of  health  is authorized to
require prior authorization for any refill of a prescription  when  less
than  seventy-five  percent  of the previously dispensed amount per fill
should have been used were  the  product  used  as  normally  indicated;
medical  assistance shall not include any drug provided on other than an
in-patient basis for which a recipient is charged or a claim is made  in
the  case  of a prescription drug, in excess of the maximum reimbursable
amounts to be established by department regulations in  accordance  with
standards  established  by the secretary of the United States department
of health and human services, or, in the case of a drug not requiring  a
prescription,  in  excess of the maximum reimbursable amount established
by the commissioner of health pursuant to paragraph (a)  of  subdivision
four of this section;
  S  6.  This  act shall take effect immediately and section one of this
act shall apply to  policies  issued,  reissued,  renewed,  modified  or
amended on and after such date.