Assembly Bill A8904

Signed By Governor
2011-2012 Legislative Session

Relates to the purchase of prescription drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2011-A8904 (ACTIVE) - Details

See Senate Version of this Bill:
S6054
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L

2011-A8904 (ACTIVE) - Summary

Relates to the purchase of prescription drugs; relates to applicable terms and conditions of participating mail order or other non-retail pharmacy.

2011-A8904 (ACTIVE) - Bill Text download pdf

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

                                  8904

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. HEASTIE, COLTON -- read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  the  purchase  of
  prescription drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 28 of subsection  (i)  of  section  3216  of  the
insurance  law,  as added by chapter 597 of the laws of 2011, is amended
to read as follows:
  (28) Any policy [which] THAT provides coverage for prescription  drugs
shall permit each [participant] INSURED to fill any [mail order] covered
prescription  THAT MAY BE OBTAINED AT A NETWORK PARTICIPATING MAIL ORDER
OR OTHER NON-RETAIL PHARMACY, at [his or her] THE INSURED'S  option,  at
[any  mail  order  pharmacy  or]  A network participating non-mail order
retail pharmacy [if the  network  participating  non-mail  order  retail
pharmacy offers to accept a price that is comparable to that of the mail
order  pharmacy]  PROVIDED THAT THE NETWORK PARTICIPATING NON-MAIL ORDER
RETAIL PHARMACY AGREES IN ADVANCE, THROUGH A CONTRACTUAL NETWORK  AGREE-
MENT,  TO  THE SAME REIMBURSEMENT AMOUNT, AS WELL AS THE SAME APPLICABLE
TERMS AND CONDITIONS, THAT THE INSURER HAS ESTABLISHED FOR  THE  NETWORK
PARTICIPATING  MAIL  ORDER  OR  OTHER NON-RETAIL PHARMACY.   [Any policy
which provides coverage for prescription drugs]  IN  SUCH  A  CASE,  THE
POLICY  shall  not  impose  a  co-payment  fee or other condition on any
insured who elects to purchase PRESCRIPTION drugs from a network partic-
ipating non-mail order retail pharmacy which  is  not  also  imposed  on
insureds  electing to purchase drugs from a [designated] NETWORK PARTIC-
IPATING mail order OR OTHER  NON-RETAIL  pharmacy[;  provided,  however,
that  the  provisions of this section shall not supersede the terms of a
collective bargaining agreement or apply to a policy that is the  result
of  a  collective  bargaining agreement between an employer and a recog-
nized or certified employee organization].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09145-09-2
              

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