S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2336
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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 each
   managed care provider to annually  provide  each  participant  in  its
   program  with  a  written list of mail-order pharmacies with which the
   managed care provider has a  contract  for  coverage  of  prescription
   drugs
 
   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. 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 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.
 EACH  MANAGED  CARE PROVIDER SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00422-01-9

 A. 2336                             2
 
 SHALL ANNUALLY PROVIDE EACH PARTICIPANT IN ITS PROGRAM  WITH  A  WRITTEN
 LIST OF MAIL-ORDER PHARMACIES WITH WHICH THE MANAGED CARE PROVIDER HAS A
 CONTRACT FOR COVERAGE OF PRESCRIPTION DRUGS.
   § 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, however that
 the amendments 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.