S T A T E   O F   N E W   Y O R K
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                                  2653

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of A. SIMOTAS, HEVESI, BENEDETTO, COLTON, MONTESANO,
  GUNTHER, GALEF,  STEVENSON,  GIBSON,  SCHIMEL,  RAIA,  WEPRIN,  TITUS,
  LAVINE, PERRY, ZEBROWSKI, HOOPER, ROSENTHAL, TITONE -- Multi-Sponsored
  by  --  M. of A. BRAUNSTEIN, BRENNAN, COOK, CROUCH, DUPREY, GABRYSZAK,
  GLICK, HEASTIE,  KATZ,  MAGEE,  MARKEY,  SALADINO  --  read  once  and
  referred to the Committee on Labor

AN   ACT  to  amend  the  workers'  compensation  law,  in  relation  to
  prescription prices and pharmacies for injured employees

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

  Section  1.  Paragraph 5 of subdivision (i) of section 13 of the work-
ers' compensation law, as added by chapter 6 of the  laws  of  2007,  is
amended and a new paragraph 6 is added to read as follows:
  (5)  [Notwithstanding  any  other provision of this chapter, if] IF an
employer or carrier has contracted with a pharmacy to provide prescribed
medicine to claimants, then such employer or carrier may require  claim-
ants  to obtain all prescribed medicines from the pharmacy with which it
has contracted, except if a medical emergency occurs and it would not be
reasonably possible to obtain immediately required  prescribed  medicine
from  the pharmacy with which the employer or carrier has a contract. An
employer or carrier that requires claimants to obtain  prescribed  medi-
cines from a pharmacy with which it has a contract must notify claimants
of  the  pharmacy  or  pharmacies  with  which  it  has  a contract, the
locations and addresses of the pharmacy or  pharmacies,  if  applicable,
how  to initially fill and refill prescriptions through the mail, inter-
net, telephone or other means, and any other required  information  that
must be supplied to the pharmacy or pharmacies. If the pharmacy or phar-
macies  with which the employer or carrier contracts does not offer mail
order service and does not have a physical location within a  reasonable
distance  from  the claimant, as defined by regulation of the board, the
claimant may obtain prescribed medicines at the pharmacy  or  pharmacies

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02741-01-3
              

A. 2653                             2

of his or her choice and the employer or carrier will be liable for such
charges  in accordance with the fee schedule prescribed in section thir-
teen-o of this [chapter] ARTICLE.
  (6) NOTWITHSTANDING PARAGRAPH FIVE OF THIS SUBDIVISION, AN EMPLOYER OR
CARRIER SHALL BE PROHIBITED FROM REFUSING TO ALLOW A CLAIMANT TO UTILIZE
A  PHARMACY  OF  HIS OR HER CHOICE TO FURNISH THE PRESCRIBED MEDICATIONS
REQUIRED BY THE CLAIMANT AS LONG AS SUCH PHARMACY'S  CHARGES  ARE  BELOW
THE PHARMACEUTICAL FEE SCHEDULE ADOPTED BY THE CHAIR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.