NY State Senate Bill 2021-S6733

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
Jan 05, 2022	referred to insurance
May 13, 2021	referred to insurance

2021-S6733 (ACTIVE) - Details

See Assembly Version of this Bill:: A3697
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10622
2019-2020: A2773
2023-2024: S5380, A1393

2021-S6733 (ACTIVE) - Summary

Requires health insurers to provide coverage for opioid antagonists and devices.

2021-S6733 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6733

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring health
insurers to provide coverage for opioid antagonists and devices

 
PURPOSE:

This bill requires health insurers to provide coverage for opioid antag-
onists and devices.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 3216 of the insurance law by adding a new
paragraph 35.

Section two amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 7-c. Section three amends section 4303 of the
insurance law is amended by adding a new subsection ss. Section four
sets forth the effective date.

 
JUSTIFICATION:

The rate of opioid overdose deaths in New York State rose 32% from 2015
to 2016, and there is little to indicate that the severity of that trend
has abated. The most immediate concern with addressing this public
health crisis is saving lives, and to do that we need to ensure that any
New Yorker who wants to equip themselves with a lifesaving opioid antag-
onist, either for themselves or for someone else, can do that. Currently
though, under threat of audit from insurance companies, pharmacies are
often only selling opioid antagonists to individuals who are purchasing
an opioid antagonist for personal use. The deadly consequence of this
crackdown is that New Yorkers are often prevented from saving the life
of another.

This legislation will require that every policy that provides coverage
for prescription drugs shall include coverage for at least one opioid
antagonist and device. Critically, the coverage must include opioid
antagonists intended for use on patients other than the insured. This
bill empowers those seeking to be proactive in protecting the life of
someone they believe to be at risk, and helps expand New York State's
overdose prevention network.

 
LEGISLATIVE HISTORY:

2019-20: A.2773 Referred to Insurance

2017-18: A.10622 - Referred to Health; S.8891 - Referred to Insurance

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2021-S6733 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6733
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  health
   insurers to provide coverage for opioid antagonists and devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 36 to read as follows:
   (36)  (A)  (I)  EVERY  POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL INCLUDE COVERAGE FOR AT  LEAST  ONE  OPIOID  ANTAGONIST  AND
 DEVICE.  PRIOR  AUTHORIZATION  MAY  BE REQUIRED FOR NON-GENERIC FORMS OF
 OPIOID ANTAGONISTS AND DEVICES.
   (II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS  A
 DRUG  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 EFFECTS  OF  AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
 TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT  OF  HEALTH
 FOR SUCH PURPOSE.
   (B)  THE  COVERAGE  MANDATED  BY  THIS  PARAGRAPH SHALL INCLUDE OPIOID
 ANTAGONISTS PRESCRIBED OR DISPENSED VIA STANDING ORDER OR  COLLABORATIVE
 PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
   (C)  COVERAGE  PROVIDED  UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND THAT ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENEFITS  WITHIN  A
 GIVEN POLICY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 7-b to read as follows:
   (7-B)  (A)  (I)  EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL INCLUDE COVERAGE FOR AT  LEAST  ONE  OPIOID  ANTAGONIST  AND
 DEVICE.  PRIOR  AUTHORIZATION  MAY  BE REQUIRED FOR NON-GENERIC FORMS OF
 OPIOID ANTAGONISTS AND DEVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00880-01-1

 S. 6733                             2
 
   (II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS  A
 DRUG  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 EFFECTS  OF  AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
 TO  NALOXONE  AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH
 FOR SUCH PURPOSE.
   (B) THE COVERAGE MANDATED  BY  THIS  PARAGRAPH  SHALL  INCLUDE  OPIOID
 ANTAGONISTS  PRESCRIBED OR DISPENSED VIA STANDING ORDER OR COLLABORATIVE
 PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
   (C) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE  SUBJECT  TO  ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND  THAT  ARE  CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN A
 GIVEN POLICY.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS)  (1)  (A)  EVERY  POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL INCLUDE COVERAGE FOR AT  LEAST  ONE  OPIOID  ANTAGONIST  AND
 DEVICE.  PRIOR  AUTHORIZATION  MAY  BE REQUIRED FOR NON-GENERIC FORMS OF
 OPIOID ANTAGONISTS AND DEVICES.
   (B) AS USED IN THIS SUBSECTION "OPIOID ANTAGONIST AND DEVICE" MEANS  A
 DRUG  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 EFFECTS  OF  AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
 TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT  OF  HEALTH
 FOR SUCH PURPOSE.
   (2)  COVERAGE  PROVIDED UNDER THIS SUBSECTION MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND THAT ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENEFITS  WITHIN  A
 GIVEN POLICY.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S6733

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

2021-S6733 (ACTIVE) - Details

2021-S6733 (ACTIVE) - Summary

2021-S6733 (ACTIVE) - Sponsor Memo

2021-S6733 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6733

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Insurance Committee

2021-S6733 (ACTIVE) - Details

2021-S6733 (ACTIVE) - Summary

2021-S6733 (ACTIVE) - Sponsor Memo

2021-S6733 (ACTIVE) - Bill Text download pdf

Comments