A5183A-2011 Actions

• Jun 21, 2012: REFERRED TO RULES
• Jun 21, 2012: delivered to senate
• Jun 21, 2012: passed assembly
• Jun 18, 2012: amended on third reading 5183d
• May 8, 2012: amended on third reading 5183c
• Jan 4, 2012: ordered to third reading cal.179
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 22, 2011: REFERRED TO RULES
• Jun 22, 2011: delivered to senate
• Jun 22, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.519
• Jun 20, 2011: rules report cal.519
• Jun 20, 2011: reported
• Jun 20, 2011: reported referred to rules
• Jun 14, 2011: print number 5183b
• Jun 14, 2011: amend (t) and recommit to ways and means
• Jun 13, 2011: reported referred to ways and means
• Jun 6, 2011: print number 5183a
• Jun 6, 2011: amend and recommit to codes
• May 17, 2011: reported referred to codes
• Feb 14, 2011: referred to labor

A5183A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5183--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 14, 2011
 
 Introduced  by  M.  of A. SIMOTAS, HEVESI, BENEDETTO, COLTON, MONTESANO,
 ROBERTS, GUNTHER, REILLY, GALEF,  STEVENSON,  GIBSON,  MENG,  SCHIMEL,
 CASTELLI,  RAIA, MURRAY, BURLING, WEPRIN, TITUS, SPANO, LAVINE, PERRY,
 ZEBROWSKI, HOOPER -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,  BREN
 NAN,  CALHOUN,  COOK, CROUCH, DUPREY, GABRYSZAK, GLICK, HEASTIE, KATZ,
 LATIMER, MAGEE, MARKEY, SALADINO, SAYWARD -- read once and referred to
 the Committee on Labor -- committee discharged, bill amended,  ordered
 reprinted as amended and recommitted to said committee
 AN   ACT  to  amend  the  workers'  compensation  law,  in  relation  to
 prescription prices and pharmacies for injured employees and to repeal
 section 88 of such law relating thereto
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph 5 of subdivision (i) of section 13 of the work
 ers' compensation law, as added by chapter 6 of  the  laws  of  2007  is
 amended  and  three  new  paragraphs  6,  7  and  8 are added to read as
 follows:

 (5) [Notwithstanding any other provision of this chapter,  if]  IF  an
 employer or carrier has contracted with a pharmacy to provide prescribed
 medicine  to claimants, then such employer or carrier may require claim
 ants to obtain all prescribed medicines from the pharmacy with which  it
 has contracted, except if a medical emergency occurs and it would not be
 reasonably  possible  to obtain immediately required prescribed medicine
 from the pharmacy with which the employer or carrier has a contract.  An
 employer  or  carrier that requires claimants to obtain prescribed medi
 cines from a pharmacy with which it has a contract must notify claimants
 of the pharmacy  or  pharmacies  with  which  it  has  a  contract,  the
 locations  and  addresses  of the pharmacy or pharmacies, if applicable,
 how to initially fill and refill prescriptions through the mail,  inter
 net,  telephone  or other means, and any other required information that
 must be supplied to the pharmacy or pharmacies. If the pharmacy or phar
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08819-02-1
 
       A. 5183--A                          2
 macies with which the employer or carrier contracts does not offer  mail
 order  service and does not have a physical location within a reasonable
 distance from the claimant, as defined by regulation of the  board,  the
 claimant  may  obtain prescribed medicines at the pharmacy or pharmacies
 of his or her choice and the employer or carrier will be liable for such
 charges in accordance with the fee schedule prescribed in section  thir
 teen-o of this [chapter] ARTICLE.
 (6) NOTWITHSTANDING PARAGRAPH FIVE OF THIS SUBDIVISION, AN EMPLOYER OR
 CARRIER SHALL BE PROHIBITED FROM REFUSING TO ALLOW A CLAIMANT TO UTILIZE
 A  PHARMACY  OF  HIS OR HER CHOICE TO FURNISH THE PRESCRIBED MEDICATIONS
 REQUIRED BY THE CLAIMANT AS LONG AS SUCH PHARMACY'S CHARGES COMPLY  WITH
 THE PUBLISHED PRICES.
 (7)  ANY  PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
 AND HAS NOT BEEN REIMBURSED IN ACCORDANCE WITH THE PROVISIONS  OF  PARA
 GRAPH  ONE  OF  THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
 AGAINST THE CARRIER TO RECOVER THE AMOUNTS DUE TO SUCH PHARMACY PURSUANT
 TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO BE ESTABLISHED  BY
 THE  BOARD OR THE CHAIRMAN. WHERE A PHARMACY BILL HAS BEEN DETERMINED TO
 BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS  SUBDIVISION,
 THE  BOARD SHALL INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF NOT MORE
 THAN ONE AND ONE-HALF PERCENT PER  MONTH  PAYABLE  TO  THE  PHARMACY  IN
 ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
 (8)  NOTWITHSTANDING  ANY OTHER PROVISION IN THIS CHAPTER, THE INITIAL
 FILL OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR  BENEFITS
 UNDER  THIS  CHAPTER  SHALL  NOT CONTAIN A SUPPLY OF SUCH MEDICINE FOR A
 PERIOD OF LONGER THAN FOURTEEN DAYS. FOR THE PURPOSES OF THIS PARAGRAPH,
 "INITIAL FILL" SHALL BE DEFINED AS A PRESCRIPTION OR  A  COMBINATION  OF
 PRESCRIPTIONS FOR MEDICATION ISSUED BY AN AUTHORIZED MEDICAL PROVIDER AT
 THE  TIME  OF  DISCOVERY  OF  INJURY  OR  ILLNESS  BUT SHALL NOT INCLUDE
 PRESCRIPTIONS THAT MAY BE WRITTEN SEVENTY-TWO HOURS  OR  MORE  FROM  THE
 TIME OF INITIAL MEDICAL CARE.
 

S 2. 

Section 88 of the workers' compensation law, as amended by chap
 ter 635 of the laws of 1996, is amended to read as follows:

 

S 88. Administration expenses. The entire expense of administering the
 state  insurance  fund shall be paid out of such fund which shall not be
 considered an agency or a fund of the state for the purposes of  section
 four  of the state finance law.  The portion of such expenses applicable
 and chargeable to the disability benefits fund shall be determined on an
 equitable  basis  with  due  allowance  for  the  division  of  overhead
 expenses.   There shall be submitted to the director of the budget quar
 terly financial statements on a calendar year basis.  In no  case  shall
 the  amount  of  administrative expenditures so authorized for an entire
 year from the workers' compensation fund exceed twenty-five  per  centum
 of  the  earned  premiums for such insurance for that year.  [In no case
 shall the amount of administrative expenditures authorized for the disa-
 bility benefits fund for an entire year exceed twenty-five per centum of
 the premiums earned by that fund for such insurance for that  year.]  No
 payment,  expenditure or refund out of the state insurance fund shall be
 subject to pre-audit by the department of audit and control as  provided
 by section one hundred eleven of the state finance law. All appointments
 to  positions in the state insurance fund shall be made subject to civil
 service requirements.
 

S 3.

Section 88 of the workers' compensation law, as amended by  chap
 ter 6 of the laws of 2007, is REPEALED.
 

S 4.  This act shall take effect immediately.

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