S T A T E   O F   N E W   Y O R K
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                                  8601

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 2, 2015
                               ___________

Introduced by M. of A. McDONALD, CUSICK -- read once and referred to the
  Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to limiting the
  initial prescription of a controlled substance for the alleviation  of
  acute  pain  to  between  a  three to ten day supply; and to amend the
  insurance law, in relation to coverage of such prescriptions

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

  Section  1. Subdivision 5 of section 3331 of the public health law, as
amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
follows:
  5. (A) No more than a thirty day supply or, pursuant to regulations of
the  commissioner  enumerating  conditions  warranting specified greater
supplies, no more than a three month supply of a schedule II, III or  IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL OPINION OR DISCRETION, MAY DISPENSE OR  PRESCRIBE  NO  MORE  THAN
BETWEEN  A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
OF THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF  PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (C)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "ACUTE PAIN" MEANS PAIN,
WHETHER ACCIDENTAL OR INTENTIONAL, THAT LASTS ONLY  A  SHORT  OR  FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 32 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03975-02-5

              

A. 8601                             2

  (32)  NO  POLICY  DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES  FOR  COPAY-
MENTS  BY  COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS
PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG  FOR  ACUTE  PAIN  IN
ACCORDANCE   WITH   PARAGRAPH   (B)   OF  SUBDIVISION  FIVE  OF  SECTION
THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN  ADDITIONAL
COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
PARAGRAPH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
  (20)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (pp) to read as follows:
  (PP) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.