senate Bill S3749C

Amended

Relates to prescription prices and pharmacies for injured employees

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 03 / Mar / 2011
    • REFERRED TO LABOR
  • 06 / Jun / 2011
    • AMEND AND RECOMMIT TO LABOR
  • 06 / Jun / 2011
    • PRINT NUMBER 3749A
  • 14 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO LABOR
  • 14 / Jun / 2011
    • PRINT NUMBER 3749B
  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 17 / Jan / 2012
    • AMEND AND RECOMMIT TO LABOR
  • 17 / Jan / 2012
    • PRINT NUMBER 3749C
  • 01 / May / 2012
    • 1ST REPORT CAL.634
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 3749D
  • 19 / Jun / 2012
    • AMENDED ON THIRD READING 3749E
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to prescription prices and pharmacies for injured employees.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5183C
Versions:
S3749
S3749A
S3749B
S3749C
S3749D
S3749E
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง13, Work Comp L
Versions Introduced in 2009-2010 Legislative Cycle:
S2978B, A6992B, S3749C

Votes

Sponsor Memo

BILL NUMBER:S3749C

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 t:he
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 immediate 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 pharmaceutical 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 employee'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 pharmacy ensures
that the employee gets the best possible healthcare and it eliminates
the ability of an employer or carrier to control the employee'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

FISCAL IMPLICATIONS:


Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

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

                                 3749--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  ROBACH, ADDABBO, JOHNSON, MARTINS, MAZIARZ, McDO-
  NALD, SAVINO, VALESKY -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Labor -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Labor in accordance with Senate Rule 6, sec. 8  --
  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

  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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-08-2

S. 3749--C                          2

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.

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.