S T A T E   O F   N E W   Y O R K
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                                  3120

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. MORELLE, LUPARDO, STIRPE, STECK, SANTABARBARA --
  Multi-Sponsored by -- M. of A. McDONALD -- read once and  referred  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 32 to read as follows:
  (32) 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  chapter  178  of  the  laws  of 2010, 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.
                                                           LBD03153-01-5
              

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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  thirty-
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 prescription or on the electronic prescription.
  S  3.  Subdivision  1  of  section  3333  of the public health law, as
amended by chapter 178 of the laws  of  2010,  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 or the receipt of an electronic 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 regu-
lations  of  the  commissioner  in consultation with the commissioner of
education. No pharmacy or pharmacist 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 official  New  York  state  prescription  or  electronic
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  thir-
ty-three  hundred  six of this article if there appears, on the official
New York state prescription or on an electronic prescription,  a  state-
ment  that  the substance has been prescribed to treat one of the condi-
tions 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

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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-1) of subdivision 2 of section 365-a of  the  social
services  law,  as  amended  by section 5 of part C of chapter 60 of the
laws of 2014, is amended to read as follows:
  (g-1) drugs provided on an in-patient basis, those drugs contained  on
the  list established by regulation of the commissioner of health pursu-
ant 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 avail-
ability  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 quanti-
ties 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 more than a ten day supply of the previously dispensed
amount  should  remain  were  the  product  used  as normally indicated;
provided further that  the  commissioner  of  health  is  authorized  to
require  prior  authorization  of  prescriptions of opioid analgesics in
excess of four prescriptions in a thirty-day period in  accordance  with
section  two  hundred  seventy-three  of  the public health law; medical
assistance shall not include any drug provided on other than  an  in-pa-
tient  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.