A4275-2011 Actions

• Sep 4, 2012: enacting clause stricken
• Jun 6, 2012: held for consideration in insurance
• May 15, 2012: reference changed to insurance
• May 3, 2012: print number 4275a
• May 3, 2012: amend (t) and recommit to health
• Jan 4, 2012: referred to health
• Feb 2, 2011: referred to health

A4275-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4275
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 2, 2011
 
 Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
 Committee on Health
 

AN ACT to amend the public health law and the education law, in relation
 to the dispensing of three month supplies of drugs  to  treat  chronic
 illnesses  and conditions; and to amend the insurance law, in relation
 to requiring  insurers  to  provide  coverage  of  such  three  months
 supplies   in   the   same  manner  coverage  is  provided  for  other
 prescriptions
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 5 of section 3331 of the public health law, as
 amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
 follows:

 5.  No  more  than a thirty day supply [or, pursuant to regulations of
 the commissioner enumerating  conditions  warranting  specified  greater
 supplies,]  AND  no more than a three month supply of a schedule II, III
 or IV substance USED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDI
 TION DESIGNATED BY THE  COMMISSIONER,  as  determined  by  the  directed
 dosage  and frequency of dosage, may be dispensed by an authorized prac
 titioner at one time.
 

S 2. Subdivision 3 of section  3332  of  the  public  health  law,  as
 amended  by  chapter  178  of  the  laws  of 2010, is amended to read as
 follows:

 3. No such prescription shall be made for  a  quantity  of  controlled
 substances  which  would  exceed  a  thirty day supply if the controlled
 substance were used in accordance with the directions for use  specified
 on  the  prescription. A practitioner may, however, issue a prescription
 for up to a three month supply of a controlled substance  provided  that
 the controlled substance has been prescribed to treat [one] OR ALLEVIATE
 ANY of the CHRONIC ILLNESSES OR conditions that [have] HAS been [enumer-
 ated]  DESIGNATED  by  the  commissioner  pursuant  to  regulations  [as
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00028-01-1
 
       A. 4275                             2
 warranting the prescribing of greater than a  thirty  day  supply  of  a
 controlled  substance] and that the practitioner specifies the condition
 on the face of the  prescription.  No  additional  prescriptions  for  a
 controlled substance may be issued by a practitioner to an ultimate user
 within  thirty  days  of  the date of any prescription previously issued
 unless and until the ultimate user has exhausted all  but  a  seven  day
 supply  of  the  controlled  substance provided by any previously issued
 prescription. A practitioner may, however, issue a prescription  for  up
 to  a  six  month  supply  of any substance listed in subdivision (h) of
 Schedule II of section thirty-three hundred six of this article provided
 that such substance has been prescribed to treat one of  the  conditions
 that have been enumerated by the commissioner pursuant to regulations as
 warranting  the  prescribing  of a six month supply and that the practi
 tioner specifies the condition on the prescription or on the  electronic
 prescription.
 

S  3.  Subdivision  1  of  section  3333  of the public health law, as
 amended by chapter 178 of the laws  of  2010,  is  amended  to  read  as
 follows:

 1.  A  licensed pharmacist may, in good faith and in the course of his
 or her professional practice, sell and  dispense  to  an  ultimate  user
 controlled  substances  only  upon  the delivery of an official New York
 state prescription or the receipt of an electronic prescription to  such
 pharmacist,  within thirty days of the date such prescription was signed
 by an authorized  practitioner;  provided,  however,  a  pharmacist  may
 dispense a part or portion of such prescription in accordance with regu
 lations  of  the  commissioner  in consultation with the commissioner of
 education. No pharmacy or pharmacist [may] SHALL sell or dispense great
 er than a thirty day supply of a controlled  substance  to  an  ultimate
 user  unless  and  until the ultimate user has exhausted all but a seven
 day supply of the controlled substance provided pursuant to  any  previ
 ously issued prescription, except that a pharmacy or pharmacist may sell
 or  dispense  up  to  a  three month supply of a controlled substance if
 there appears, on the official New York state prescription or electronic
 prescription,  a  statement  that  the  controlled  substance  has  been
 prescribed  to  treat  [one]  ANY of the CHRONIC ILLNESSES OR conditions
 that have been [enumerated] DESIGNATED by the regulations of the commis
 sioner [as warranting the prescribing  of  greater  than  a  thirty  day
 supply  of a controlled substance]. A pharmacy or pharmacist may sell or
 dispense up to a six month supply of any substance listed in subdivision
 (h) of Schedule II of section thirty-three hundred six of  this  article
 if  there  appears, on the official New York state prescription or on an
 electronic  prescription,  a  statement  that  the  substance  has  been
 prescribed  to  treat one of the conditions that have been enumerated by
 the regulations of the commissioner as warranting the prescribing  of  a
 specified greater supply.
 

S  4.  Subdivision  2  of  section  3339  of the public health law, as
 amended by section 13 of part A of chapter 58 of the laws  of  2004,  is
 amended to read as follows:

 2.  A  prescription,  except for a schedule II controlled substance or
 those schedule III  or  schedule  IV  controlled  substances  which  the
 commissioner may require by regulation may be refilled not more than the
 number  of  times  specifically  authorized  by  the prescriber upon the
 prescription, provided however no such authorization shall be  effective
 for  a  period greater than six months from the date the prescription is
 signed. In the event that the prescription authorizes the dispensing  of
 more than a thirty day supply of schedule III, schedule IV or schedule V
 
       A. 4275                             3
 substances  pursuant  to  regulations  of the commissioner [enumerating]
 DESIGNATING CHRONIC ILLNESSES OR conditions warranting specified greater
 supplies, the prescription may be refilled only once.
 

S  5. 

Section  6810  of  the education law is amended by adding a new
 subdivision 5-a to read as follows:

 5-A. A PRESCRIPTION MAY BE WRITTEN FOR A QUANTITY OF A DRUG  NECESSARY
 FOR  A  THREE  MONTH  SUPPLY THEREOF IF SUCH DRUG WAS USED IN ACCORDANCE
 WITH THE DIRECTIONS FOR USE SPECIFIED ON  THE  PRESCRIPTION,  WHEN  SUCH
 DRUG  HAS  BEEN  PRESCRIBED  TO  TREAT  OR  ALLEVIATE ANY OF THE CHRONIC
 ILLNESSES OR CONDITIONS THAT HAVE BEEN DESIGNATED BY THE COMMISSIONER OF
 HEALTH PURSUANT TO REGULATIONS.
 

S 6. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 28 to read as follows:

 (28) NO POLICY WHICH PROVIDES COVERAGE FOR  PRESCRIPTION  DRUGS  SHALL
 PROVIDE FOR A LOWER RATE OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR
 IMPOSE   A  HIGHER  CO-PAYMENT  FOR  COVERAGE  OF  THE  FILLING  OF  ANY
 PRESCRIPTION  FOR  A  THREE  MONTH  SUPPLY  OF  ANY  PRESCRIPTION   DRUG
 PRESCRIBED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDITION DESIG
 NATED BY THE COMMISSIONER OF HEALTH AS AN ILLNESS OR CONDITION FOR WHICH
 A THREE MONTH SUPPLY OF DRUGS MAY BE PRESCRIBED.
 

S 7. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 17 to read as follows:

 (17)  NO  POLICY  WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
 PROVIDE FOR A LOWER RATE OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR
 IMPOSE  A  HIGHER  CO-PAYMENT  FOR  COVERAGE  OF  THE  FILLING  OF   ANY
 PRESCRIPTION   FOR  A  THREE  MONTH  SUPPLY  OF  ANY  PRESCRIPTION  DRUG
 PRESCRIBED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDITION DESIG
 NATED BY THE COMMISSIONER OF HEALTH AS AN ILLNESS OR CONDITION FOR WHICH
 A THREE MONTH SUPPLY OF DRUGS MAY BE PRESCRIBED.
 

S 8.

Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (hh) to read as follows:

 (HH)  NO CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION, A
 HOSPITAL SERVICE CORPORATION  OR  A  HEALTH  SERVICE  CORPORATION  WHICH
 PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL PROVIDE FOR A LOWER RATE
 OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR IMPOSE A HIGHER  CO-PAY
 MENT  FOR  COVERAGE OF THE FILLING OF ANY PRESCRIPTION FOR A THREE MONTH
 SUPPLY OF ANY PRESCRIPTION DRUG PRESCRIBED TO  TREAT  OR  ALLEVIATE  ANY
 CHRONIC ILLNESS OR CONDITION DESIGNATED BY THE COMMISSIONER OF HEALTH AS
 AN  ILLNESS  OR CONDITION FOR WHICH A THREE MONTH SUPPLY OF DRUGS MAY BE
 PRESCRIBED.
 

S 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and sections six, seven and  eight  of  this
 act  shall apply to policies issued, renewed or amended on or after such
 effective date; provided that any rules  and  regulations  necessary  to
 implement  the  provisions of this act on its effective date are author
 ized and directed to be promulgated,  amended  and/or  rescinded  on  or
 before such date.

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