S T A T E   O F   N E W   Y O R K
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                                   6436
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
   provision of prescription medicine to workers' compensation claimants
 
   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 to read as follows:
   (5) Notwithstanding any other provision of this chapter, if an employ-
 er or carrier has contracted with a pharmacy to provide prescribed medi-
 cine to claimants, then such employer or carrier may [require] ENCOURAGE
 claimants 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] ENCOURAGES
 claimants to obtain prescribed medicines 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, internet, telephone or other means,  and
 any  other required information that must be supplied to the pharmacy or
 pharmacies. [If the pharmacy or pharmacies 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 charges in accordance with
 the fee schedule prescribed in  section  thirteen-o  of  this  chapter.]
 WHILE  AN EMPLOYER OR A CARRIER MAY CONTRACT WITH A NETWORK PHARMACY AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10590-01-7

 S. 6436                             2
 
 ENCOURAGE  CLAIMANTS  TO  USE  IT  EXCLUSIVELY,  CLAIMANTS  MAY   OBTAIN
 PRESCRIBED  MEDICINES AT THE PHARMACY OR PHARMACIES OF HIS OR HER CHOICE
 SO LONG AS THAT PHARMACY IS REGISTERED AS A RESIDENT, IN-STATE  PHARMACY
 WITH  THE  EDUCATION  DEPARTMENT,  AND  THE EMPLOYER OR CARRIER SHALL BE
 LIABLE FOR SUCH CHARGES IN ACCORDANCE WITH THE FEE  SCHEDULE  PRESCRIBED
 IN  SECTION  THIRTEEN-O  OF  THIS ARTICLE SO LONG AS THE MEDICATIONS ARE
 CASUALLY RELATED TO THE CLAIMANT'S WORK RELATED INJURIES. SUCH  REQUIRE-
 MENTS  SHALL  NOT APPLY TO ANY NON-RESIDENT, OUT-OF-STATE PHARMACIES NOR
 SHALL IT  APPLY  TO  ANY  COMPOUND  MEDICATIONS  THAT  THE  CLAIMANT  IS
 PRESCRIBED.  THE  EMPLOYER  OR  CARRIER SHALL HAVE THE RIGHT TO DENY ANY
 CHARGES THAT ORIGINATE FROM NON-RESIDENT,  OUT-OF-STATE  PHARMACIES  AND
 DENY  ANY  CHARGES FOR EXTEMPORANEOUS COMPOUND MEDICATIONS THAT HAVE NOT
 BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.