Senate Bill S2086

2013-2014 Legislative Session

Prohibits first fail accident and/or health insurance policies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S2086 (ACTIVE) - Details

See Assembly Version of this Bill:
A4285
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add Art 33 §§3301 - 3305, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10411
2011-2012: S5110, A6049, A8609
2015-2016: A3142
2017-2018: A7018

2013-S2086 (ACTIVE) - Summary

Prohibits first fail accident and/or health insurance policies; enacts penalties and defines terms.

2013-S2086 (ACTIVE) - Sponsor Memo

2013-S2086 (ACTIVE) - Bill Text download pdf

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

                                  2086

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sens.  YOUNG, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation  to  the  prohibition  on
  first fail policies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new article 33  to
read as follows:
                                ARTICLE 33
                 PROHIBITION ON FIRST FAIL POLICIES AND
                  UNAUTHORIZED THERAPEUTIC SUBSTITUTION
SECTION 3301. DEFINITIONS.
        3302. PRESCRIPTION DRUG DENIALS.
        3303. SWITCH COMMUNICATIONS/CONSUMER RIGHT TO KNOW.
        3304. PENALTIES.
        3305. PRESCRIPTION DRUG RESTRICTION OVERRIDES.
  S 3301. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A)  "INSURER"  SHALL MEAN ANY PERSON OR ENTITY WHO OFFERS A POLICY OF
ACCIDENT AND/OR HEALTH INSURANCE PURSUANT TO SECTION THREE THOUSAND  TWO
HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE, OR FOUR THOUSAND
THREE  HUNDRED THREE OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW; EXCEPT WHEN SUCH HEALTH CARE SERVICES ARE  PROVIDED,  DELIV-
ERED,  ARRANGED FOR, PAID FOR, OR REIMBURSED BY ANY STATE, DEPARTMENT OR
AGENCY;
  (B) "PHARMACY BENEFITS MANAGER" OR "PBM", MEANS  A  PERSON  OR  ENTITY
OTHER  THAN  A  PHARMACY  OR  PHARMACIST  ACTING  AS AN ADMINISTRATOR IN
CONNECTION WITH PHARMACY BENEFITS;
  (C) "SWITCH COMMUNICATION", MEANS A  WRITTEN  COMMUNICATION  FROM  ANY
INSURER OR PBM TO A PATIENT OR THE PATIENT'S PHYSICIAN THAT RECOMMENDS A
PATIENT'S MEDICATION BE SWITCHED BY THE ORIGINAL PRESCRIBING HEALTH CARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04369-01-3

              

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