NY State Senate Bill 2013-S1754

Archive: Last Bill Status - In Senate Committee Labor 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to labor
Jun 21, 2013	committed to rules
Apr 24, 2013	advanced to third reading
Apr 23, 2013	2nd report cal.
Apr 22, 2013	1st report cal.356
Jan 09, 2013	referred to labor

Votes

- Apr 22, 2013 - Labor Committee Vote
  S1754
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Apr 22, 2013
      
      aye (14)
      
      Addabbo Jr.
      
      Ball
      
      Dilan
      
      Gallivan
      
      Grisanti
      
      Marcellino
      
      Marchione
      
      Martins
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      DeFrancisco
      
      excused (1)
      
      Hannon

co-Sponsors

View additional co-sponsors

2013-S1754 (ACTIVE) - Details

See Assembly Version of this Bill:: A2653
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §13, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2978
2011-2012: S3749, A5183
2015-2016: A4642
2017-2018: A4079
2019-2020: A864

2013-S1754 (ACTIVE) - Summary

Relates to prescription prices and pharmacies for injured employees.

2013-S1754 (ACTIVE) - 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.

2013-S1754 (ACTIVE) - Bill Text download pdf

                            
                    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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1754

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Apr 22, 2013 - Labor Committee Vote

Labor Committee Vote: Apr 22, 2013

co-Sponsors

2013-S1754 (ACTIVE) - Details

2013-S1754 (ACTIVE) - Summary

2013-S1754 (ACTIVE) - Sponsor Memo

2013-S1754 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1754

Share this bill

Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

Martin Malavé Dilan

George D. Maziarz

2013-S1754 (ACTIVE) - Details

2013-S1754 (ACTIVE) - Summary

2013-S1754 (ACTIVE) - Sponsor Memo

2013-S1754 (ACTIVE) - Bill Text download pdf

Comments