Senate Bill S3227A

2023-2024 Legislative Session

Relates to prohibiting health insurers from requiring prior authorization for pre-exposure prophylaxis used to prevent HIV infection

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-S3227 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6779
2021-2022: S836

2023-S3227 - Summary

Prohibits health insurers, health care plans and HMOs from requiring prior authorization for pre-exposure prophylaxis used to prevent HIV infection.

2023-S3227 - Sponsor Memo

2023-S3227 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3227
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, JACKSON, MYRIE, RIVERA, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  prohibiting health insurers from requiring prior authorization for
   pre-exposure prophylaxis used to prevent HIV infection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4406-c  of  the  public health law is amended by
 adding a new subdivision 13 to read as follows:
   13. A HEALTH CARE PLAN WHICH PROVIDES PRESCRIPTION DRUG COVERAGE SHALL
 NOT REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHY-
 LAXIS USED TO PREVENT HIV INFECTION. NOTHING IN THIS  SUBDIVISION  SHALL
 PROHIBIT  A  HEALTH  CARE PLAN FROM DENYING A CLAIM FOR SUCH SERVICES IF
 THE SERVICES ARE SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   § 2. Section 3217-b of the insurance law is amended by  adding  a  new
 subsection (p) to read as follows:
   (P)  AN  INSURER  WHICH  PROVIDES PRESCRIPTION DRUG COVERAGE SHALL NOT
 REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHYLAXIS
 USED TO PREVENT HIV INFECTION. NOTHING IN THIS SUBSECTION SHALL PROHIBIT
 AN INSURER FROM DENYING A CLAIM FOR SUCH SERVICES IF  THE  SERVICES  ARE
 SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   §  3.  Section  4325  of  the insurance law is amended by adding a new
 subsection (p) to read as follows:
   (P)  A  CORPORATION  ORGANIZED  UNDER  THIS  ARTICLE  WHICH   PROVIDES
 PRESCRIPTION  DRUG  COVERAGE  SHALL  NOT  REQUIRE  A PRIOR AUTHORIZATION
 DETERMINATION  FOR  PRE-EXPOSURE  PROPHYLAXIS  USED   TO   PREVENT   HIV
 INFECTION.  NOTHING  IN  THIS  SUBSECTION  SHALL  PROHIBIT A CORPORATION
 ORGANIZED UNDER THIS ARTICLE FROM DENYING A CLAIM FOR SUCH  SERVICES  IF
 THE SERVICES ARE SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S3227A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6779
2021-2022: S836

2023-S3227A (ACTIVE) - Summary

Prohibits health insurers, health care plans and HMOs from requiring prior authorization for pre-exposure prophylaxis used to prevent HIV infection.

2023-S3227A (ACTIVE) - Sponsor Memo

2023-S3227A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3227--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, JACKSON, MYRIE, RIVERA, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on Health -- recommitted to the Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law and the insurance law, in relation
   to prohibiting health insurers from requiring prior authorization  for
   pre-exposure prophylaxis used to prevent HIV infection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4406-c of the  public  health  law  is  amended  by
 adding a new subdivision 14 to read as follows:
   14. A HEALTH CARE PLAN WHICH PROVIDES PRESCRIPTION DRUG COVERAGE SHALL
 NOT REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHY-
 LAXIS  USED  TO PREVENT HIV INFECTION. NOTHING IN THIS SUBDIVISION SHALL
 PROHIBIT A HEALTH CARE PLAN FROM DENYING A CLAIM FOR  SUCH  SERVICES  IF
 THE SERVICES ARE SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   §  2.  Section  3217-b of the insurance law is amended by adding a new
 subsection (p) to read as follows:
   (P) AN INSURER WHICH PROVIDES PRESCRIPTION  DRUG  COVERAGE  SHALL  NOT
 REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHYLAXIS
 USED TO PREVENT HIV INFECTION. NOTHING IN THIS SUBSECTION SHALL PROHIBIT
 AN  INSURER  FROM  DENYING A CLAIM FOR SUCH SERVICES IF THE SERVICES ARE
 SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   § 3. Section 4325 of the insurance law is  amended  by  adding  a  new
 subsection (p) to read as follows:
   (P)   A  CORPORATION  ORGANIZED  UNDER  THIS  ARTICLE  WHICH  PROVIDES
 PRESCRIPTION DRUG COVERAGE  SHALL  NOT  REQUIRE  A  PRIOR  AUTHORIZATION
 DETERMINATION   FOR   PRE-EXPOSURE   PROPHYLAXIS  USED  TO  PREVENT  HIV
 INFECTION. NOTHING IN  THIS  SUBSECTION  SHALL  PROHIBIT  A  CORPORATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07908-02-4

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