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Assembly Bill A5653

Signed By Governor

2009-2010 Legislative Session

Relates to co-payments for prescription drugs

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Archive: Last Bill Status - Signed by Governor

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2009-A5653 - Details

See Senate Version of this Bill:
S4786
Law Section:
Insurance Law
Laws Affected:
Amd §4325, Ins L; amd §4406-c, Pub Health L; add §6826-a, Ed L

2009-A5653 - Summary

Prohibits insurers, HMO's and health plans from charging a copayment for a prescription drug which is higher than the usual and customary cost of such drug.

2009-A5653 - Bill Text download pdf 

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

                                  5653

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, GOTTFRIED, CLARK, ORTIZ, BRADLEY,
  O'DONNELL -- Multi-Sponsored by -- M. of  A.  BRENNAN,  COLTON,  COOK,
  CYMBROWITZ,  DelMONTE,  DINOWITZ,  EDDINGTON,  FIELDS,  GALEF,  GLICK,
  GORDON, GREENE, HOOPER, JACOBS, JOHN, KOON, MAGEE, MAYERSOHN, McENENY,
  PERALTA, PERRY, PHEFFER, SWEENEY, WEINSTEIN, WEISENBERG --  read  once
  and referred to the Committee on Insurance

AN  ACT to amend the insurance law, the public health law and the educa-
  tion law, in relation to copayments for prescription drugs

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

  Section  1.  Subsection  (g)  of section 4325 of the insurance law, as
relettered by chapter 586 of the laws of 1998, is relettered  subsection
(i) and a new subsection (g) is added to read as follows:
  (G) NO CORPORATION OR INSURER ORGANIZED OR LICENSED UNDER THIS CHAPTER
WHICH  PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL REQUIRE, OR ENTER
INTO A CONTRACT WHICH PERMITS, A COPAYMENT WHICH EXCEEDS THE  USUAL  AND
CUSTOMARY COST OF SUCH PRESCRIBED DRUG.
  S  2.  Subdivision  6  of  section  4406-c of the public health law is
renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
follows:
  6.  NO HEALTH CARE PLAN WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
SHALL REQUIRE, OR ENTER INTO A CONTRACT WHICH PERMITS, A COPAYMENT WHICH
EXCEEDS THE USUAL AND CUSTOMARY COST OF SUCH PRESCRIBED DRUG.
  S 3. The education law is amended by adding a new  section  6826-a  to
read as follows:
  S 6826-A. REDUCING CERTAIN COPAYMENTS. 1. WHERE AN INSURED'S COPAYMENT
FOR  A  DRUG EXCEEDS THE CORRESPONDING RETAIL PRICE FOR THE SAME DRUG ON
THE PHARMACY'S DRUG RETAIL PRICE LIST, THE PHARMACIST SHALL  NOTIFY  THE
INSURED  OF  THIS  OCCURRENCE  AND CHARGE NO GREATER THAN THE PHARMACY'S
CORRESPONDING RETAIL PRICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06117-01-9

co-Sponsors

multi-Sponsors

2009-A5653A (ACTIVE) - Details

See Senate Version of this Bill:
S4786
Law Section:
Insurance Law
Laws Affected:
Amd §4325, Ins L; amd §4406-c, Pub Health L; add §6826-a, Ed L

2009-A5653A (ACTIVE) - Summary

Prohibits insurers, HMO's and health plans from charging a copayment for a prescription drug which is higher than the usual and customary cost of such drug.

2009-A5653A (ACTIVE) - Bill Text download pdf 

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

                                 5653--A
                                                        Cal. No. 895

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. ROSENTHAL, GOTTFRIED, CLARK, ORTIZ, O'DONNELL --
  Multi-Sponsored by -- M. of  A.  BRENNAN,  COLTON,  COOK,  CYMBROWITZ,
  DelMONTE,  DINOWITZ,  FIELDS,  GALEF,  GLICK,  GORDON, HOOPER, JACOBS,
  JOHN, KOON, MAGEE, MAYERSOHN, McENENY, PERRY, PHEFFER, SWEENEY,  WEIN-
  STEIN, WEISENBERG -- read once and referred to the Committee on Insur-
  ance  -- reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN ACT to amend the insurance law, the public health law and the  educa-
  tion law, in relation to copayments for prescription drugs

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

  Section 1. Subsections (h) and (i) of section 4325  of  the  insurance
law,  as  relettered  by chapter 237 of the laws of 2009, are relettered
subsections (i) and (j) and a new subsection (h) is  added  to  read  as
follows:
  (H) NO CORPORATION OR INSURER ORGANIZED OR LICENSED UNDER THIS CHAPTER
WHICH  PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL REQUIRE, OR ENTER
INTO A CONTRACT WHICH PERMITS, A COPAYMENT WHICH EXCEEDS THE  USUAL  AND
CUSTOMARY COST OF SUCH PRESCRIBED DRUG.
  S  2.  Subdivision  6  of  section  4406-c of the public health law is
renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
follows:
  6.  NO HEALTH CARE PLAN WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
SHALL REQUIRE, OR ENTER INTO A CONTRACT WHICH PERMITS, A COPAYMENT WHICH
EXCEEDS THE USUAL AND CUSTOMARY COST OF SUCH PRESCRIBED DRUG.
  S 3. The education law is amended by adding a new  section  6826-a  to
read as follows:
  S 6826-A. REDUCING CERTAIN COPAYMENTS. 1. WHERE AN INSURED'S COPAYMENT
FOR  A  DRUG EXCEEDS THE CORRESPONDING RETAIL PRICE FOR THE SAME DRUG ON
THE PHARMACY'S DRUG RETAIL PRICE LIST, THE PHARMACIST SHALL  NOTIFY  THE

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

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