S T A T E O F N E W Y O R K
________________________________________________________________________
2228
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law and the public health law, in relation
to directing the commissioner of health to promulgate a list of
prescription drugs for which an emergency thirty-day supply cannot be
obtained
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (c) of section 3242 of the insurance law, as
added by a chapter of the laws of 2022 amending the insurance law relat-
ing to requiring policies and contracts that provide coverage for
prescription drugs to include coverage of an immediate additional thir-
ty-day supply of a prescription during a state disaster emergency, as
proposed in legislative bills numbers S. 4856 and A. 7469, is amended 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, ON THE
INSURED'S BEHALF, an additional thirty-day supply of any current
prescription of the insured, except as provided in [paragraph two of
this subsection] SECTION TWO HUNDRED SEVENTY-EIGHT-A OF THE PUBLIC
HEALTH LAW, 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 para-
graph one of this subsection. Such list shall include, but not be limit-
ed to, all schedule II and schedule III controlled substances.]
§ 2. Subsection (c) of section 4329 of the insurance law, as added by
a chapter of the laws of 2022 amending the insurance law relating to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04311-01-3
S. 2228 2
requiring policies and contracts that provide coverage for prescription
drugs to include coverage of an immediate additional thirty-day supply
of a prescription during a state disaster emergency, as proposed in
legislative bills numbers S. 4856 and A. 7469, is amended 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, ON THE INSURED'S BEHALF, an additional thirty-day
supply of any current prescription of the insured, except as provided in
[paragraph two of this subsection] SECTION TWO HUNDRED SEVENTY-EIGHT-A
OF THE PUBLIC HEALTH LAW, at the same level of coverage as a normal
refill of such prescription drug upon the declaration of a state disas-
ter 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 para-
graph one of this subsection. Such list shall include, but not be
limited to, all schedule II and schedule III controlled substances.]
§ 3. The public health law is amended by adding a new section 278-a
to read as follows:
§ 278-A. EXCEPTIONS TO DRUG PRESCRIPTION SUPPLY DURING AN EMERGENCY.
THE COMMISSIONER SHALL PROMULGATE A LIST OF PRESCRIPTION DRUGS THAT
SHALL NOT BE SUBJECT TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO
HUNDRED FORTY-TWO AND SUBSECTION (C) OF SECTION FOUR THOUSAND THREE
HUNDRED TWENTY-NINE OF THE INSURANCE LAW. SUCH LIST SHALL INCLUDE, BUT
NOT BE LIMITED TO, ALL SCHEDULE II AND SCHEDULE III CONTROLLED
SUBSTANCES.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the insurance law
relating to requiring policies and contracts that provide coverage for
prescription drugs to include coverage of an immediate additional thir-
ty-day supply of a prescription during a state disaster emergency, as
proposed in legislative bills numbers S. 4856 and A. 7469, takes effect.
