NY State Senate Bill 2015-S4365

Senate Bill S4365

2015-2016 Legislative Session

Provides for the dispensing of emergency contraception under certain circumstances and conditions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to insurance
Mar 17, 2015	referred to insurance

2015-S4365 (ACTIVE) - Details

See Assembly Version of this Bill:: A5178
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3790, A2604
2019-2020: A487
2021-2022: A5193

2015-S4365 (ACTIVE) - Summary

Provides for the dispensing of emergency contraception when provided pursuant to an ordinary prescription or order and when lawfully provided other than through a prescription or order; defines "emergency contraception" to mean one or more prescription or non-prescription drugs, used separately or in combination, in a dosage and manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the United States food and drug administration, and dispensed or administered for that purpose.

2015-S4365 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4365

TITLE OF BILL:  An act to amend the insurance law and the public
health law, in relation to providing for dispensing emergency
contraception under certain conditions

PURPOSE OR GENERAL IDEA OF BILL: To make emergency contraception drugs
purchased over-the-counter without a medical prescription covered by
insurance companies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subsection (n) to section 3216 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by
individually purchased insurance plans.

Section 2 adds a new subsection (t) to section 3221 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by
group purchased insurance plans, such as insurance plans provided
through employment.

Section 3 adds a new subsection (n) to section 4304 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by

individual insurance plans contracted with private corporations, such
as insurance plans provided by non-profit organizations.

Section 4 adds a new paragraph (k) to subdivision 1 of section 207 of
the public health law, to include emergency contraception within the
Health Care and Wellness Education and Outreach Program. The
Department of Health may conduct education and outreach programs for
consumers, patients, educators, including but not limited to
elementary and secondary school educators, and health care providers
relating to any health care matters the commissioner deems
appropriate.

Section 5 provides the effective date.

JUSTIFICATION: The Federal government has made the over-the-counter
purchase of certain emergency contraception (EC) drugs available to
all ages. Currently, women must pay 'out-of-pocket' when purchasing
emergency contraceptive drugs over-the-counter. This is cost
prohibitive for some, especially for young, underage women or women
with lower incomes.

However, under the Federal Affordable Care Act, insurance companies
are required to cover EC drugs approved by the U.S. Food and Drug
Administration without cost sharing when the purchase is made under a
prescription. EC is a time-sensitive medication and is most effective
in preventing pregnancy the sooner it is taken after unprotected sex,
birth control failure, or sexual assault. When women cannot obtain a
prescription in a timely manner, such as on the weekend, they must
purchase EC over-the-counter. As a result women must pay
"out-of-pocket' when purchasing EC drugs over-the-counter even though
their insurance covers the drug with a prescription.


This bill will require health insurance companies to provide coverage
for EC drugs purchased over-the-counter, including those drugs legally
purchased without a medical prescription. It therefore fulfills the
goal of allowing women to access the drug through their insurance
without cost-sharing.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS:  None to the state.

EFFECTIVE DATE: This act shall take effect 180 days after it shall
have become a law; and sections one, two and three of this act shall
apply to policies and contracts issued, renewed, modified, altered or
amended on or after such effective date.

2015-S4365 (ACTIVE) - Bill Text download pdf

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

                                  4365

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 17, 2015
                               ___________

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

AN ACT to amend the insurance law and the public health law, in relation
  to providing for  dispensing  emergency  contraception  under  certain
  conditions

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

  Section 1.  Section 3216 of the insurance law is amended by  adding  a
new subsection (n) to read as follows:
  (N)(1)  ANY  POLICY  UNDER THIS ARTICLE THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
WHEN PROVIDED PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR  ORDER  UNDER
SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF THE EDUCATION LAW AND WHEN
LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
  (2) FOR PURPOSES OF THIS SUBSECTION, "EMERGENCY  CONTRACEPTION"  MEANS
ONE  OR  MORE PRESCRIPTION OR NON-PRESCRIPTION DRUGS, USED SEPARATELY OR
IN COMBINATION, IN A DOSAGE AND MANNER  FOR  PREVENTING  PREGNANCY  WHEN
USED  AFTER  INTERCOURSE,  FOUND  SAFE AND EFFECTIVE FOR THAT USE BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION, AND  DISPENSED  OR  ADMINIS-
TERED FOR THAT PURPOSE.
  S  2.  Section  3221  of  the insurance law is amended by adding a new
subsection (t) to read as follows:
  (T)(1) ANY POLICY UNDER THIS ARTICLE THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
WHEN  PROVIDED  PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR ORDER UNDER
SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE  EDUCATION  LAW  AND  WHEN
LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
  (2)  FOR  PURPOSES OF THIS SUBSECTION, "EMERGENCY CONTRACEPTION" MEANS
ONE OR MORE PRESCRIPTION OR NON-PRESCRIPTION DRUGS, USED  SEPARATELY  OR
IN  COMBINATION,  IN  A  DOSAGE AND MANNER FOR PREVENTING PREGNANCY WHEN
USED AFTER INTERCOURSE, FOUND SAFE AND EFFECTIVE FOR  THAT  USE  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08338-01-5

S. 4365                             2

UNITED  STATES  FOOD  AND DRUG ADMINISTRATION, AND DISPENSED OR ADMINIS-
TERED FOR THAT PURPOSE.
  S  3.  Section  4304  of  the insurance law is amended by adding a new
subsection (n) to read as follows:
  (N)(1) ANY POLICY UNDER THIS ARTICLE THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
WHEN  PROVIDED  PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR ORDER UNDER
SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE  EDUCATION  LAW  AND  WHEN
LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
  (2)  FOR  PURPOSES OF THIS SUBSECTION, "EMERGENCY CONTRACEPTION" MEANS
ONE OR MORE PRESCRIPTION OR NON-PRESCRIPTION DRUGS, USED  SEPARATELY  OR
IN  COMBINATION,  IN  A  DOSAGE AND MANNER FOR PREVENTING PREGNANCY WHEN
USED AFTER INTERCOURSE, FOUND SAFE AND EFFECTIVE FOR  THAT  USE  BY  THE
UNITED  STATES  FOOD  AND DRUG ADMINISTRATION, AND DISPENSED OR ADMINIS-
TERED FOR THAT PURPOSE.
  S 4. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (k) to read as follows:
  (K)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; and sections one, two and three of this  act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on  or after such effective date.

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