S1754-2013 - NY Senate Open Legislation - Relates to prescription prices and pharmacies for injured employees

Relates to prescription prices and pharmacies for injured employees.

Sponsor: ROBACH / Co-sponsor(s): ADDABBO, AVELLA, DILAN, MAZIARZ, PERALTA
Law Section: Workers' Compensation Law / Law: Amd S13, Work Comp L

S1754-2013 Actions

Apr 24, 2013: ADVANCED TO THIRD READING
Apr 23, 2013: 2ND REPORT CAL.
Apr 22, 2013: 1ST REPORT CAL.356
Jan 9, 2013: REFERRED TO LABOR

S1754-2013 Meetings

Labor: Apr 22, 2013

S1754-2013 Calendars

Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S1754-2013 Votes

VOTE: COMMITTEE VOTE: - Labor - Apr 22, 2013

Ayes (14): Savino, Ball, Gallivan, Grisanti, Marcellino, Marchione, Martins, Robach, Peralta, Addabbo, Dilan, Perkins, Rivera, Sanders
Ayes W/R (1): DeFrancisco
Excused (1): Hannon

S1754-2013 Memo

BILL NUMBER:S1754

TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to prescription prices and pharmacies for injured employees

PURPOSE:  This legislation would restore the ability of a claimant, in a
workers' compensation case, to choose a pharmacy to provide necessary
medication for his or her injuries if such pharmacy adheres to the
published prices for medications.

SUMMARY OF PROVISIONS:

Section 1 - amends paragraph 5 of subdivision (i) of section 13 of the
Workers Compensation law and adds three new paragraphs 6, 7 and 8 as
follows:

* allows a claimant to use the pharmacy of their choice if the pharmacy
adheres to the published prices for medications;

* allows a pharmacy to have standing in a disputed workers compensation
claim; and,

* provides that an "initial fill" cannot be for more than 14 days within
the first 72 hours of initial medical care.

Section 2 - amends section 88 of the worker's compensation law deleting
language regarding administrative expenditures.

Section 3 - repeals section 88 of the workers compensation law.

Section 4 - provides for an effective date.

JUSTIFICATION:  The Workers Compensation Reform Bill, Chapter 6 of the
Laws of 2007, made significant and important changes to the workers
compensation law. Included in these changes was the creation of a phar-
maceutical fee schedule that should result in significant savings to the
State of New York. But, when this legislation was passed and signed into
law, language was placed into the legislation that eliminated an employ-
ee's ability to choose his or her pharmaceutical care. The ability to
choose one's own pharmacy is an important right. The choice of a pharma-
cy ensures that the employee gets the best Possible healthcare and it
eliminates the ability of an employer or carrier to control the employ-
ee's healthcare options. Currently, an overwhelming majority of the
states in the United States provide an employee with the ability to
choose his or her own pharmacy. New York has always taken this position
and the bill would simply restore the rights of -the employee to choose
their own healthcare-provided-that the pharmacy they choose adheres to
the established fee schedule.

LEGISLATIVE HISTORY: 2010 Passed Senate 2011 Referred to Labor 2012
Referred to Rules

FISCAL IMPLICATIONS:  Savings to the workers compensation system were
derived from the creation of a pharmaceutical fee schedule that was
established by Chapter 8 of the Laws of 2007. The changes to the legis-
lation would not impact that fee schedule and therefore would not impose
any additional costs to the state.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect 180 days after becoming law.

S1754-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1754
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor
 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 a new paragraph 6 is 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
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02741-01-3
        S. 1754                             2
 (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  ARE  BELOW
 THE PHARMACEUTICAL FEE SCHEDULE ADOPTED BY THE CHAIR.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

S1754-2013: Relates to prescription prices and pharmacies for injured employees