S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4079
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, HEVESI, BENEDETTO, COLTON, MONTESANO,
   GUNTHER, GALEF, RAIA, WEPRIN, TITUS, PERRY, ZEBROWSKI, HOOPER,  ROSEN-
   THAL,  TITONE,  ABINANTI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
   COOK, GLICK, MAGEE -- 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
 of his or her choice and the employer or carrier will be liable for such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04141-01-7
              

 A. 4079                             2
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.