Senate Bill S4771

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

                                  4771

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law and the labor law, in relation to  the
  purchase of prescription drugs

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

  Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
amended by adding a new paragraph 26 to read as follows:
  (26)  NO  POLICY  WHICH  PROVIDES  COVERAGE FOR PRESCRIBED DRUGS SHALL
MANDATE THAT THE SAME BE PURCHASED BY THE  INSURED  FROM  A  MAIL  ORDER
PHARMACY, NOR MAY SUCH POLICY IMPOSE A CO-PAYMENT FEE OR OTHER CONDITION
ON ANY INSURED WHO ELECTS TO PURCHASE DRUGS FROM OTHER THAN A MAIL ORDER
PHARMACY  WHICH  IS  NOT  ALSO  IMPOSED ON INSUREDS ELECTING TO PURCHASE
DRUGS FROM A DESIGNATED MAIL ORDER PHARMACY.
  S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) NO INSURER DELIVERING A GROUP OR  BLANKET  POLICY  OR  ISSUING  A
GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES COVER-
AGE FOR PRESCRIBED DRUGS SHALL MANDATE THAT THE SAME BE PURCHASED BY THE
INSURED FROM A MAIL ORDER PHARMACY, NOR MAY SUCH POLICY IMPOSE A CO-PAY-
MENT  FEE OR OTHER CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE DRUGS
FROM OTHER THAN A MAIL ORDER PHARMACY  WHICH  IS  NOT  ALSO  IMPOSED  ON
INSUREDS ELECTING TO PURCHASE DRUGS FROM A DESIGNATED MAIL ORDER PHARMA-
CY.
  S  3.  Section  4303  of the insurance law is amended by adding  a new
subsection (ff) to read as follows:
  (FF) NO POLICY ISSUED BY A MEDICAL EXPENSE  INDEMNITY  CORPORATION,  A
HOSPITAL  SERVICE  CORPORATION  OR  A  HEALTH SERVICES CORPORATION WHICH
PROVIDES COVERAGE FOR PRESCRIBED DRUGS SHALL MANDATE THAT  THE  SAME  BE
PURCHASED BY THE INSURED FROM A MAIL ORDER PHARMACY, NOR MAY SUCH POLICY
IMPOSE  A CO-PAYMENT FEE OR OTHER CONDITION ON ANY INSURED WHO ELECTS TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03965-01-9
              

S. 4771                             2

PURCHASE DRUGS FROM OTHER THAN A MAIL ORDER PHARMACY WHICH IS  NOT  ALSO
IMPOSED  ON  INSUREDS  ELECTING TO PURCHASE DRUGS FROM A DESIGNATED MAIL
ORDER PHARMACY.
  S 4. The labor law is amended by adding a new section 217-a to read as
follows:
  S 217-A. MAIL ORDER PRESCRIPTION DRUGS. FOR EMPLOYEES WHO ARE PROVIDED
COVERAGE  FOR PRESCRIPTION DRUGS UNDER A POLICY SUBJECT TO SECTION THREE
THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED  TWENTY-ONE  OR
FOUR  THOUSAND  THREE  HUNDRED  THREE  OF THE INSURANCE LAW, SUCH POLICY
SHALL NOT MANDATE THAT PRESCRIPTION DRUGS BE PURCHASED  BY  THE  INSURED
FROM  A MAIL ORDER PHARMACY, NOR MAY SUCH POLICY IMPOSE A CO-PAYMENT FEE
OR OTHER CONDITION ON ANY INSURED WHO  ELECTS  TO  PURCHASE  DRUGS  FROM
OTHER  THAN  A MAIL ORDER PHARMACY WHICH IS NOT ALSO IMPOSED ON INSUREDS
ELECTING TO PURCHASE DRUGS FROM A DESIGNATED MAIL ORDER PHARMACY.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to all policies and contracts issued,
renewed, modified, altered or amended on or after such effective date.