senate Bill S1754

Relates to prescription prices and pharmacies for injured employees

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 22 / Apr / 2013
    • 1ST REPORT CAL.356
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Relates to prescription prices and pharmacies for injured employees.

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Bill Details

See Assembly Version of this Bill:
A2653
Versions:
S1754
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3749E, A5183D
2009-2010: S2978B, A6992B, S3749C

Votes

14
0
14
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Labor committee vote details

Sponsor 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.

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

                                  1754

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

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