S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1219

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. BING, CYMBROWITZ, CASTRO, ROSENTHAL, ZEBROWSKI,
  P. RIVERA -- Multi-Sponsored by -- M. of A. CRESPO, GABRYSZAK, GIBSON,
  GLICK, MAYERSOHN, McENENY, MENG, PHEFFER, ROBINSON, TITONE,  TOWNS  --
  read once and referred to the Committee on Insurance

AN  ACT to amend the insurance law, in relation to prescription coverage
  for eye drops

  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 28 to read as follows:
  (28) NOTWITHSTANDING TITLE  ELEVEN  OF  ARTICLE  FIVE  OF  THE  SOCIAL
SERVICES  LAW  OR  ANY  OTHER  LAW  TO  THE CONTRARY, EVERY POLICY WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE  DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-
ER  FOR  COVERAGE,  ALLOW  FOR THE LIMITED REFILLING OF THE PRESCRIPTION
PRIOR TO THE LAST DAY OF THE APPROVED DOSAGE PERIOD  WITHOUT  REGARD  TO
ANY  COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED, HOWEV-
ER, THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE  PRESCRIBED
AND  APPROVED  COVERAGE PERIOD PURSUANT TO THIS PARAGRAPH, SHALL, TO THE
EXTENT PRACTICABLE, BE LIMITED IN QUANTITY  SO  AS  NOT  TO  EXCEED  THE
REMAINING  DOSAGE  INITIALLY  APPROVED  FOR COVERAGE. PROVIDED, FURTHER,
THAT SUCH LIMITED REFILLING SHALL NOT LIMIT OR  RESTRICT  COVERAGE  WITH
REGARD  TO  ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION FOR EYE
DROP MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF  THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERIFY THE PRESCRIPTION.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 17 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-01-1
              

A. 1219                             2

  (17)  NOTWITHSTANDING  TITLE  ELEVEN  OF  ARTICLE  FIVE  OF THE SOCIAL
SERVICES LAW OR ANY OTHER  LAW  TO  THE  CONTRARY,  EVERY  POLICY  WHICH
PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-
ER  FOR  COVERAGE,  ALLOW  FOR THE LIMITED REFILLING OF THE PRESCRIPTION
PRIOR TO THE LAST DAY OF THE APPROVED DOSAGE PERIOD  WITHOUT  REGARD  TO
ANY  COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED, HOWEV-
ER, THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE  PRESCRIBED
AND  APPROVED  COVERAGE PERIOD PURSUANT TO THIS PARAGRAPH, SHALL, TO THE
EXTENT PRACTICABLE, BE LIMITED IN QUANTITY  SO  AS  NOT  TO  EXCEED  THE
REMAINING  DOSAGE  INITIALLY  APPROVED  FOR COVERAGE. PROVIDED, FURTHER,
THAT SUCH LIMITED REFILLING SHALL NOT LIMIT OR  RESTRICT  COVERAGE  WITH
REGARD  TO  ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION FOR EYE
DROP MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF  THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERITY THE PRESCRIPTION.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (hh) to read as follows:
  (HH) NOTWITHSTANDING TITLE  ELEVEN  OF  ARTICLE  FIVE  OF  THE  SOCIAL
SERVICES  LAW  OR  ANY  OTHER  LAW  TO  THE CONTRARY, EVERY POLICY WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE  DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-
ER  FOR  COVERAGE,  ALLOW  FOR THE LIMITED REFILLING OF THE PRESCRIPTION
PRIOR TO THE LAST DAY OF THE APPROVED DOSAGE PERIOD  WITHOUT  REGARD  TO
ANY  COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED, HOWEV-
ER, THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE  PRESCRIBED
AND  APPROVED COVERAGE PERIOD PURSUANT TO THIS SUBSECTION, SHALL, TO THE
EXTENT PRACTICABLE, BE LIMITED IN QUANTITY  SO  AS  NOT  TO  EXCEED  THE
REMAINING  DOSAGE  INITIALLY  APPROVED  FOR COVERAGE. PROVIDED, FURTHER,
THAT SUCH LIMITED REFILLING SHALL NOT LIMIT OR  RESTRICT  COVERAGE  WITH
REGARD  TO  ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION FOR EYE
DROP MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF  THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERITY THE PRESCRIPTION.
  S  4.  This act shall take effect immediately and shall apply to poli-
cies issued, reissued, renewed, modified or amended on  and  after  such
date.