NY State Senate Bill 2023-S5380

Current 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 03, 2024	referred to insurance
Mar 03, 2023	referred to insurance

2023-S5380 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S6733

2023-S5380 (ACTIVE) - Summary

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

2023-S5380 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5380

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 1 amends section 3216 of the insurance law by adding a new para-
graph 35.

Section 2 amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 7-c.

Section 3 amends section 4303 of the insurance law is amended by adding

a new subsection ss.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

In 2021, the number of deaths from overdoses surged to nearly 107,000
nationally and more than 5,800 in New York. 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 want to equip themselves
with a lifesaving opioid antagonist, either for themselves or for some-
one else, can do that. Currently, under threat of audit from insurance
companies, pharmacies are often only selling opioid antagonists to indi-
viduals 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:

2021-2022: S6733/A3697 - Died in Insurance

2019-2020: A2773 - Died in Insurance

2017-2018: S8891/A10622 - Died in Insurance/Died in Health

 
FISCAL IMPLICATIONS:

Undetermined.

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

2023-S5380 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5380
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 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 39 to read as follows:
   (39)  (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-c to read as follows:
   (7-C)  (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.
                                                            LBD01316-02-3

 S. 5380                             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 (uu) to read as follows:
   (UU)  (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 S5380

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

2023-S5380 (ACTIVE) - Details

2023-S5380 (ACTIVE) - Summary

2023-S5380 (ACTIVE) - Sponsor Memo

2023-S5380 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5380

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Insurance Committee

2023-S5380 (ACTIVE) - Details

2023-S5380 (ACTIVE) - Summary

2023-S5380 (ACTIVE) - Sponsor Memo

2023-S5380 (ACTIVE) - Bill Text download pdf

Comments