NY State Senate Bill 2019-S7989

Senate Bill S7989

2019-2020 Legislative Session

Relates to requiring policies and contracts that provide coverage for prescription drugs to include coverage of an immediate additional thirty-day supply of a prescription drug during a state disaster emergency

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2020	referred to insurance

co-Sponsors

2019-S7989 (ACTIVE) - Details

See Assembly Version of this Bill:: A10165
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3242 & 4329, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S4856, A7469

2019-S7989 (ACTIVE) - Summary

Requires policies and contracts that provide coverage for prescription drugs to include coverage of an immediate additional thirty-day supply of a prescription drug during a state disaster emergency.

2019-S7989 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7989

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring policies and
contracts that provide coverage for prescription drugs to include cover-
age of an immediate additional thirty-day supply of a prescription drug
during a state disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

An Act to amend the insurance law, in relation to requiring policies and
contracts that provide coverage for prescription drugs to include cover-
age of an immediate additional thirty-day supply of a prescription drug
during a state disaster emergency.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 3242 of the insurance law by adding
section (c).

Section (c).1 amending section 3242 mandates that upon the declaration
of a state disaster emergency policies' providing coverage for
prescription drugs must have a policy process for insured individuals to
immediately obtain an additional 30 day supply or normal refill amount
of their prescribed medication. Section (c) (1) amends section 4329 to
mandate that contracts issued by corporations cover these same events.

Section 2 of the bill amends section 4329 of the insurance law by adding
section (c).  Section (c).2 allows the commissioner of health to promul-
gate a list of prescription drugs that will not be subject section (c)
(1). This list will include, but not be limited to, all schedule II and
schedule III controlled substances.

Section 3 of the law is the effective date.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

When preparing for a disaster individuals are advised to stock up on
important supplies such as food, water, and basic supplies. This
includes over the counter medication and prescribed medication that they
might need to live or maintain quality of life. Prescriptions are typi-
cally refilled monthly; however, in an emergency situation it may be
difficult for people to access their prescription.

During a state disaster insurance policies may not provide their custom-
ers with a process to obtain their prescriptions. This places many New
Yorkers at risk of not having their necessary prescription medication
during an emergency. Inflexible policies will compound the effect of a
disaster by leaving many New Yorkers without their necessary
prescription medication.

This bill will ensure declared emergencies are not made worse by requir-
ing insurance companies enable their customers to obtain an additional
30-day supply of their prescribed medication. As.New York prepares for
the Novel Coronavirus currently, it is important we do everything we can
to help protect New Yorkers.

Abuse protections are included in the legislation to prevent abuse of
certain drugs because the commissioner of health can exclude certain
drugs, including schedule II and III controlled substances.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
and contracts issued, renewed, modified, altered or amended on or after
such date.

2019-S7989 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7989
 
                             I N  S E N A T E
 
                               March 6, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring policies and
   contracts that provide coverage  for  prescription  drugs  to  include
   coverage   of   an   immediate   additional  thirty-day  supply  of  a
   prescription drug during a state disaster emergency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3242 of the insurance law is amended by adding a
 new subsection (c) to read as follows:
   (C) (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY  IN  THIS  STATE
 THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLI-
 CY  A  PROCESS  THAT  ALLOWS  AN INSURED, THE INSURED'S DESIGNEE, OR THE
 INSURED'S PRESCRIBING HEALTH CARE  PROVIDER  TO  IMMEDIATELY  OBTAIN  AN
 ADDITIONAL THIRTY-DAY SUPPLY OF ANY CURRENT PRESCRIPTION OF THE INSURED,
 EXCEPT  AS  PROVIDED  IN  PARAGRAPH  TWO OF THIS SUBSECTION, AT THE SAME
 LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION DRUG UPON  THE
 DECLARATION  OF  A  STATE DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-
 EIGHT OF THE EXECUTIVE LAW.
   (2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
 DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH  ONE  OF
 THIS  SUBSECTION.    SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
 SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
   § 2. Section 4329 of the insurance law is  amended  by  adding  a  new
 subsection (c) to read as follows:
   (C)  (1)  EVERY  CONTRACT  ISSUED  BY  A  CORPORATION  SUBJECT  TO THE
 PROVISIONS OF THIS ARTICLE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
 SHALL INCLUDE IN THE CONTRACT A PROCESS  THAT  ALLOWS  AN  INSURED,  THE
 INSURED'S DESIGNEE, OR THE INSURED'S PRESCRIBING HEALTH CARE PROVIDER TO
 IMMEDIATELY  OBTAIN  AN  ADDITIONAL  THIRTY-DAY  SUPPLY  OF  ANY CURRENT
 PRESCRIPTION OF THE INSURED, EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS
 SUBSECTION, AT THE SAME LEVEL OF COVERAGE AS A  NORMAL  REFILL  OF  SUCH
 PRESCRIPTION  DRUG  UPON  THE  DECLARATION OF A STATE DISASTER EMERGENCY
 PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15749-01-0

 S. 7989                             2
 
   (2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
 DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH  ONE  OF
 THIS  SUBSECTION.    SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
 SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
   §  3.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such date.

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Senate Bill S7989

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

Joseph P. Addabbo Jr.

Brad Hoylman-Sigal

Liz Krueger

Jen Metzger

2019-S7989 (ACTIVE) - Details

2019-S7989 (ACTIVE) - Summary

2019-S7989 (ACTIVE) - Sponsor Memo

2019-S7989 (ACTIVE) - Bill Text download pdf

Comments