A5183C-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

A5183C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5183--C
 Cal. No. 179
 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, LAVINE, PERRY, ZEBROW
 SKI,  HOOPER,  ROSENTHAL,  TITONE  --  Multi-Sponsored  by -- M. of A.
 BRAUNSTEIN, BRENNAN, 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 commit
 tee -- reported and referred to the Committee on  Ways  and  Means  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee -- advanced to a third reading,  amended
 and ordered reprinted, retaining its place on the order of third read
 ing
 AN   ACT  to  amend  the  workers'  compensation  law,  in  relation  to
 prescription prices and pharmacies for injured employees
 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 two new paragraphs 6 and 7 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,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08819-09-2
 
       A. 5183--C                          2
 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
 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) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  THE  INITIAL
 FILL  OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR BENEFITS
 UNDER THIS SUBDIVISION 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. This act shall take effect immediately.

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