senate Bill S1754
(R, C, IP) 56th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Relates to prescription prices and pharmacies for injured employees.
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
* 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
* 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.
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