S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7835
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  social  services  law, in relation to requiring
   managed care providers that provide coverage for prescription drugs to
   provide coverage for home delivery of any covered prescription drug by
   any non-mail-order  retail  pharmacy  in  the  managed  care  provider
   network
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (u) of subdivision 4  of  section  364-j  of  the
 social services law, as amended by section 12 of part A of chapter 56 of
 the laws of 2013, is amended to read as follows:
   (u)  A  managed  care provider that provides coverage for prescription
 drugs shall permit each participant  to  fill  any  mail  order  covered
 prescription,  at  his or her option, at any mail order pharmacy or non-
 mail-order retail pharmacy in the managed  care  provider  network.    A
 MANAGED  CARE  PROVIDER  THAT  PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS
 SHALL  ALSO  PROVIDE  COVERAGE  FOR  HOME  DELIVERY   OF   ANY   COVERED
 PRESCRIPTION  DRUG  BY ANY NON-MAIL-ORDER RETAIL PHARMACY IN THE MANAGED
 CARE PROVIDER NETWORK. If the managed care provider has  designated  one
 or  more  pharmacies  for filling prescriptions for a particular drug or
 drugs, then such prescriptions  may  be  filled,  at  the  participant's
 option,  at  any  other pharmacy in the network, if the network pharmacy
 chosen by the participant offers to accept a price that is comparable to
 that of the pharmacy designated by the managed care  provider.  For  the
 purposes  of  this section, "mail order pharmacy" means a pharmacy whose
 primary business is to receive prescriptions by mail, telefax or through
 electronic submissions, and to dispense medication to  patients  through
 the  use  of  the United States mail or other common or contract carrier
 services, and provides any  consultation  with  patients  electronically
 rather  than  face  to face. Every non-mail-order retail pharmacy in the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11260-01-7

 A. 7835                             2
 
 managed care provider's network with respect to  any  prescription  drug
 shall  be  deemed to be in the managed care provider's network for every
 covered prescription drug.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and shall apply to all contracts, agreements
 and  leases entered into on or after such date; provided that the amend-
 ments to section 364-j of the social services law made by section one of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.