S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    194
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation to an emergency insulin program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 28-CC to read as follows:
                               ARTICLE 28-CC
                         EMERGENCY INSULIN PROGRAM
 SECTION 2894. EMERGENCY INSULIN PROGRAM.
   §  2894.  EMERGENCY INSULIN PROGRAM. 1. THE COMMISSIONER IS AUTHORIZED
 AND DIRECTED TO ESTABLISH AN EMERGENCY INSULIN PROGRAM  TO  ENSURE  THAT
 RECIPIENTS  OF THE PROGRAM CAN ACCESS EMERGENCY SUPPLIES OF ANALOG INSU-
 LINS AND RELATED SUPPLIES.   THE COMMISSIONER SHALL  IMMEDIATELY  ENGAGE
 ANALOG INSULIN MANUFACTURERS TO SUPPORT THE STATE PROGRAM AND FACILITATE
 QUICK  ACCESS TO AFFORDABLE ANALOG INSULINS IN EMERGENCY SITUATIONS. THE
 COMMISSIONER SHALL ESTABLISH STANDARDS FOR  APPROVAL  OF  ANY  EMERGENCY
 INSULIN  PROGRAM,  AND  ANALOG INSULIN PRESCRIBING, DISPENSING, DISTRIB-
 UTION, AND POSSESSION PURSUANT TO THIS SECTION WHICH  MAY  INCLUDE,  BUT
 NOT BE LIMITED TO, STANDARDS FOR PROGRAM DIRECTORS, APPROPRIATE CLINICAL
 OVERSIGHT, TRAINING, RECORD KEEPING AND REPORTING. THE EMERGENCY INSULIN
 PROGRAM  SHALL,  PURSUANT TO AN APPROPRIATION OR SUFFICIENT FUNDS IN THE
 EMERGENCY INSULIN PROGRAM TRUST FUND,  BE  AVAILABLE  TO  RECIPIENTS  NO
 LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-TWO.
   2. (A) AS USED IN THIS SECTION:
   (I)  "ANALOG  INSULINS" MEANS AT A MINIMUM SHORT-ACTING, RAPID-ACTING,
 INTERMEDIATE AND LONG ACTING INSULIN DRUGS APPROVED BY THE FOOD AND DRUG
 ADMINISTRATION THAT, WHEN ADMINISTERED, TO CERTAIN RECIPIENTS ARE  LIFE-
 SAVING,  AND HELP AVOID SERIOUS ADVERSE EFFECTS ASSOCIATED WITH TYPE ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00578-01-1

 A. 194                              2
 
 DIABETES AND IN SOME LIMITED CASES TYPE TWO DIABETES, AND OTHER  MEDICA-
 TIONS AND SUPPLIES APPROVED BY THE DEPARTMENT FOR SUCH PURPOSE.
   (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
 AUTHORIZED  PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW TO PRESCRIBE
 PRESCRIPTION DRUGS.
   (III) "PHARMACIST" MEANS A PERSON LICENSED OR AUTHORIZED  TO  PRACTICE
 PHARMACY  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
 LAW.
   (IV) "RECIPIENT" MEANS A PERSON: (1) DIAGNOSED WITH TYPE ONE DIABETES,
 OR TYPE TWO INSULIN DEPENDENT DIABETES; AND (2) WHO IS AT RISK OF  EXPE-
 RIENCING  SERIOUS  ADVERSE  HEALTH EFFECTS DUE TO A LACK OF ANALOG INSU-
 LINS; AND (3) WHO IS UNINSURED OR UNDERINSURED; OR (4)  AN  ORGANIZATION
 REGISTERED AS AN EMERGENCY INSULIN PROGRAM PURSUANT TO THIS SECTION.
   (B)(I)  A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A PATIENT-SPECIFIC
 OR NON-PATIENT-SPECIFIC PRESCRIPTION, DISPENSE OR  DISTRIBUTE,  DIRECTLY
 OR INDIRECTLY, ANALOG INSULINS TO A RECIPIENT.
   (II) A PHARMACIST MAY DISPENSE ANALOG INSULINS, THROUGH A PATIENT-SPE-
 CIFIC  OR  NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS PARAGRAPH,
 TO A RECIPIENT.
   (III) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO  REQUIRE
 A  PRESCRIPTION  FOR ANY ANALOG INSULINS THAT DO NOT OTHERWISE REQUIRE A
 PRESCRIPTION; NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A  HEALTH
 CARE  PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A PHARMA-
 CIST TO DISPENSE, ANALOG INSULINS UNDER ANY OTHER PROVISION OF LAW.
   (IV) ANY PHARMACY WITH TWENTY OR MORE LOCATIONS IN THE STATE, AND  ANY
 FACILITY  ESTABLISHED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER
 WHICH HAS A DRUG DISCOUNT PROGRAM AUTHORIZED  BY  SECTION  340B  OF  THE
 FEDERAL  PUBLIC HEALTH SERVICE ACT 42 U.S.C § 256B SHALL PURSUE OR MAIN-
 TAIN A NON-PATIENT-SPECIFIC PRESCRIPTION WITH AN AUTHORIZED HEALTH  CARE
 PROFESSIONAL TO DISPENSE ANALOG INSULINS TO A RECIPIENT UPON REQUEST, AS
 AUTHORIZED BY THIS SECTION; AND REGISTER WITH THE DEPARTMENT AS AN EMER-
 GENCY  INSULIN PROGRAM NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-
 TWO.
   3. USE OR DISPENSING OF ANALOG INSULINS PURSUANT TO THIS SECTION SHALL
 BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR THE  PURPOSE  OF  ANY
 STATUTE RELATING TO LIABILITY.
   4.  THE COMMISSIONER SHALL IMMEDIATELY BEGIN TO WORK WITH ANALOG INSU-
 LIN MANUFACTURERS IN CREATING SUCH PROGRAM TO ENSURE  THEY  ARE  WORKING
 WITH  THE  STATE  IN A PUBLIC-PRIVATE PARTNERSHIP TO SUPPORT THE STATE'S
 STREAMLINED EMERGENCY INSULIN PROGRAM THAT MAY REPLICATE PATIENT SUPPORT
 PROGRAMS SUCH MANUFACTURERS HAVE.  A MANUFACTURER MAY CONTRIBUTE TO  THE
 PROGRAM  THROUGH  THE  EMERGENCY  INSULIN PROGRAM TRUST FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW.
   5. THE COMMISSIONER MAY ESTABLISH A SLIDING SCALE FOR COST SHARING FOR
 CERTAIN RECIPIENTS WHICH SHALL NOT EXCEED  ONE  HUNDRED  DOLLARS  FOR  A
 THIRTY-DAY SUPPLY OF ANALOG INSULINS AND RELATED SUPPLIES.
   6.  THE  COMMISSIONER  SHALL PUBLISH FINDINGS ON THE EMERGENCY INSULIN
 PROGRAM INCLUDING BUT NOT LIMITED TO THE NUMBER OF PROGRAMS ESTABLISHED,
 THE NUMBER OF RECIPIENTS SERVED, THE TYPES AND AMOUNTS OF  ANALOG  INSU-
 LINS  PROVIDED,  THE  COSTS AND SAVINGS ASSOCIATED WITH THE PROGRAM, AND
 WHAT PUBLIC-PRIVATE PARTNERSHIPS THE STATE HAS  FACILITATED  TO  SUPPORT
 THIS  PROGRAM  TO THE GOVERNOR AND THE CHAIRS OF THE SENATE AND ASSEMBLY
 HEALTH COMMITTEES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  ARTICLE
 AND EVERY TWO YEARS THEREAFTER.
   §  2. The state finance law is amended by adding a new section 95-j to
 read as follows:

 A. 194                              3
 
   § 95-J. EMERGENCY INSULIN PROGRAM  TRUST  FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "EMERGENCY INSULIN PROGRAM TRUST FUND".
   2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE
 AND ALL MONIES RECEIVED, OR TO BE PAID INTO OR CREDITED TO SUCH FUND  BY
 ANALOG  INSULIN  MANUFACTURERS  PURSUANT  TO SUBDIVISION FOUR OF SECTION
 TWENTY-EIGHT HUNDRED NINETY-FOUR OF THE  PUBLIC  HEALTH  LAW.    NOTHING
 CONTAINED  HEREIN  SHALL  PREVENT  THE STATE FROM RECEIVING ASSESSMENTS,
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO SUPPORT THE EMERGENCY
 INSULIN PROGRAM ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT-CC  OF  THE
 PUBLIC  HEALTH  LAW  ADMINISTERED  BY THE COMMISSIONER OF HEALTH AND FOR
 FUNDING EMERGENCY ACCESS TO ANALOG INSULINS.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   § 3. This act shall take effect immediately.