Senate Bill S1974

2023-2024 Legislative Session

Relates to contracted network pharmacy use

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2023-S1974 - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7245
2021-2022: S1026

2023-S1974 - Summary

Relates to contracted network pharmacy use.

2023-S1974 - Sponsor Memo

2023-S1974 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1974
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 contracted
   network pharmacy use
 
   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)  (I)  Notwithstanding  any  other provision of this chapter, if an
 employer or carrier has contracted with a pharmacy to provide prescribed
 medicine 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]  WHEN
 AN  EMPLOYER  OR  INSURANCE CARRIER FAILS TO PROVIDE REQUIRED ACCESS FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01454-01-3
              

2023-S1974A (ACTIVE) - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7245
2021-2022: S1026

2023-S1974A (ACTIVE) - Summary

Relates to contracted network pharmacy use.

2023-S1974A (ACTIVE) - Sponsor Memo

2023-S1974A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1974--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the workers' compensation law, in relation to contracted
   network pharmacy use
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (i) of section 13 of the workers'  compensation
 law is amended by adding a new paragraph 6 to read as follows:
   (6) (I) NOTWITHSTANDING PARAGRAPH FIVE OF THIS SUBDIVISION, A CLAIMANT
 SHALL  NOT BE REQUIRED TO OBTAIN PRESCRIBED MEDICINES THROUGH A PHARMACY
 WITH WHICH THE EMPLOYER  OR  CARRIER  HAS  A  CONTRACT  AND  MAY  OBTAIN
 PRESCRIBED MEDICINES FROM A PHARMACY OF HIS OR HER CHOICE WHEN:
   (A)  THE  EMPLOYER OR INSURANCE CARRIER HAS REFUSED TO PROVIDE PAYMENT
 FOR THE CLAIMANT'S PRESCRIBED MEDICATION AND THE CLAIMANT IS  UNABLE  TO
 OBTAIN THE PRESCRIBED MEDICATION FROM A PHARMACY WITH WHICH THE EMPLOYER
 OR  CARRIER  HAS  A  CONTRACT  DUE  TO  THE  FAILURE  TO  AUTHORIZE SUCH
 PRESCRIBED MEDICATION WITHIN SEVENTY-TWO HOURS OF SUCH REQUEST; OR
   (B) THE PRESCRIBED MEDICATION IS SCHEDULED FOR REAUTHORIZATION BUT THE
 EMPLOYER OR CARRIER HAS FAILED TO REAUTHORIZE SUCH PRESCRIBED MEDICATION
 WITHIN SEVENTY-TWO HOURS OF THE REQUEST FOR ONE OR MORE OF THE FOLLOWING
 REASONS:
   (I) THE EMPLOYER, CARRIER, OR NETWORK PHARMACY FAILED  TO  RESPOND  TO
 THE REAUTHORIZATION REQUEST;
   (II) MEDICAL REPORTS HAVE NOT YET BEEN FILED FOR REAUTHORIZATION, OR A
 FILED MEDICAL REPORT CONTAINS A DEFECT;
   (III)  THE  MEDICATION  HAS  BEEN  AUTHORIZED  PREVIOUSLY; HOWEVER THE
 EMPLOYER OR CARRIER DENIES REAUTHORIZATION ON THE BASIS THAT THE MEDICAL
 TREATMENT GUIDELINES DO NOT SUPPORT REAUTHORIZATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01454-03-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.