Bill S2949A-2013

Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3 - 10 day supply

Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3-10 day supply; prohibits the imposition of an additional health insurance copayment if a subsequent prescription is issued for an aggregate of not more than a 30 day supply of such controlled substance.

Details

Actions

  • Jun 9, 2014: referred to health
  • Jun 9, 2014: DELIVERED TO ASSEMBLY
  • Jun 9, 2014: PASSED SENATE
  • Mar 4, 2014: ADVANCED TO THIRD READING
  • Mar 3, 2014: 2ND REPORT CAL.
  • Feb 27, 2014: 1ST REPORT CAL.202
  • Jan 31, 2014: PRINT NUMBER 2949A
  • Jan 31, 2014: AMEND AND RECOMMIT TO HEALTH
  • Jan 8, 2014: REFERRED TO HEALTH
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to health
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1249
  • Jun 11, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 25, 2013: REFERRED TO HEALTH

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Health - Feb 27, 2014
Ayes (15): Hannon, Ball, Farley, Felder, Golden, Larkin, Savino, Young, Rivera, Montgomery, Hassell-Thompson, Peralta, O'Brien, Hoylman, Serrano
Ayes W/R (1): Seward

Memo

BILL NUMBER:S2949A

TITLE OF BILL: An act to amend the public health law, in relation to limiting the initial prescription of a controlled substance for the alleviation of acute pain to between a three to ten day supply; and to amend the insurance law, in relation to coverage of such prescriptions

PURPOSE:

This bill would limit the number of schedule II or III controlled substance pain pills initially prescribed to someone suffering from acute pain. This serves two important purposes: (1) it encourages patients whose acute pain lasts longer than initially expected to follow up with a doctor, and (2) it lessens the number of pills left in medicine cabinets and available for diversion.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds Public Health Law Sec. 3331(5)(b) and (c). Subsection (b) permits authorized practitioners, within the scope of their professional opinion or discretion, to dispense between three and ten days of any schedule II or III controlled substance to a patient suffering from acute pain. Subsection (c) provides a definition of acute pain. The term encompasses accidental and intentional pain lasting only a short or finite period of time. The subsection expressly excludes chronic pain, cancer pain, or palliative care practices from the definition of acute pain.

Sections 2 through 4 of the bill amend section 3216, 3221, and 4303 of the Insurance Law respectively. These sections prohibit additional co-payments for prescriptions prescribed pursuant to Public Health Law Sec. 3331(5)(b). The limitation shall apply only to the amount of prescription drug constituting a thirty day supply, including the limited supply provided pursuant to Subdivision 5 of section 3331 of the public health law.

Section 5 of the bill provides for an effective date.

JUSTIFICATION:

Prescription drug abuse is a growing crisis in both New York State and the country at large. In this state, there has been armed violence, deaths by overdose and suicide, and increasing rates of addiction. To address this crisis, the Senate Standing Committee on Health held two Roundtables on the topic in August 2011 and February 2012. The Roundtables included panelists from all aspects of this debate, including law enforcement, doctors, addiction specialists, government agencies, and family members who have lost loved ones to prescription painkiller abuse. A persistent theme from these Roundtables was the concern regarding the volume of prescription pain medicine sitting unattended in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription painkillers, not including refills in New York State. That is more than two million more prescriptions written than there are citizens in this state. This bill addresses two major recommendations from the Roundtable, (1) eliminating excess medication for the treatment of acute pain and (2) decreasing the volume of pills left in medicine cabinets. Treating acute pain often involves patients recovering from surgical procedures, short-term trauma, or dental procedures. By definition, acute pain is also finite pain-with the exception of certain situations involving terminal cancer pain. However, it is not uncommon for a doctor to prescribe 30 pills for pain following a dental procedure. Most patients will use 2-3 pills and the excess sits in their medicine cabinets, where it runs the risk of diversion. Approximately 70% of prescription painkiller abusers get their drugs from a family member or friend. Recent news tells the story of teenagers taking whatever pills are available in the home medicine cabinet and taking or selling them on the street. Prescription painkillers are a wonderful tool, and allow us to treat pain as never before in human history, but they are also highly addictive.

This bill ameliorates the excess volume of pills on the street, while also providing better continuity of care. Acute pain can be a powerful diagnostic tool for medical professionals. It is common for this form of pain to follow various timelines. If pain worsens or lasts for a longer time, it can be an important signal that something else is happening. Providing excess medication helps patients dampen their current pain, but it also prevents them from seeking additional medical help that they might need. This bill limits the amount of medication, so that patients feeling additional pain will seek medical intervention earlier. The bill also ensures patients will only pay a single co-payment for the first 30 days of medication, even if the medication comes in the form of several prescriptions over the course of those 30 days.

LEGISLATIVE HISTORY:

2012: S.6745 Died in Rules.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

On the sixtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2949--A 2013-2014 Regular Sessions IN SENATE January 25, 2013 ___________
Introduced by Sens. HANNON, LAVALLE, MARTINS, MAZIARZ, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public health law, in relation to limiting the initial prescription of a controlled substance for the alleviation of acute pain to between a three to ten day supply; and to amend the insurance law, in relation to coverage of such 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. (A) No more than a thirty day supply or, pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, no more than a three month supply of a schedule II, III or IV substance, as determined by the directed dosage and frequency of dosage, may be dispensed by an authorized practitioner at one time. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES- SIONAL OPINION OR DISCRETION, MAY DISPENSE OR PRESCRIBE NO MORE THAN BETWEEN A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III CONTROLLED SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT OF SUCH USER FOR ACUTE PAIN. THEREAFTER, THE DISPENSING AND PRESCRIBING OF THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF PARA- GRAPH (A) OF THIS SUBDIVISION. (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ACUTE PAIN" MEANS PAIN, WHETHER ACCIDENTAL OR INTENTIONAL, THAT LASTS ONLY A SHORT OR FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR PALLIATIVE CARE PRACTICES. S 2. Subsection (i) of section 3216 of the insurance law is amended by adding a new paragraph 30 to read as follows: (30) NO POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAY- MENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR- TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH. S 3. Subsection (k) of section 3221 of the insurance law is amended by adding a new paragraph 19 to read as follows: (19) NO GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN THE STATE WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI- TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU- ANT TO SUCH PARAGRAPH. S 4. Section 4303 of the insurance law is amended by adding a new subsection (oo) to read as follows: (OO) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO- RATION OR HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI- TIONAL AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT- ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH. S 5. This act shall take effect on the sixtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus