assembly Bill A8278B

Signed By Governor
2009-2010 Legislative Session

Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs

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Sponsored By

Archive: Last Bill Status Via S5000 - Signed by Governor


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 08, 2010 approval memo.29
Oct 01, 2010 signed chap.536
Sep 20, 2010 delivered to governor
Jun 23, 2010 returned to senate
passed assembly
ordered to third reading rules cal.291
substituted for a8278b
Jun 23, 2010 substituted by s5000b
rules report cal.291
reported
Jun 16, 2010 reported referred to rules
Jun 09, 2010 reported referred to codes
May 10, 2010 print number 8278b
May 10, 2010 amend and recommit to insurance
Jan 13, 2010 print number 8278a
Jan 13, 2010 amend and recommit to insurance
Jan 06, 2010 referred to insurance
May 12, 2009 referred to insurance

Votes

view votes

Apr 20, 2010 - Codes committee Vote

S5000A
11
1
committee
11
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jan 20, 2010 - Health committee Vote

S5000A
12
0
committee
12
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 2, 2009 - Codes committee Vote

S5000
10
1
committee
10
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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Multi-Sponsors

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A8278 - Details

See Senate Version of this Bill:
S5000
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §296, Exec L

A8278 - Summary

Provides that no health care plan or health insurance policy which provides coverage for prescription drugs and for which cost-sharing, deductibles or co-insurance obligations are determined by category of prescription drugs including, but not limited to, generic drugs, preferred brand drugs and non-preferred brand drugs, shall impose cost-sharing, deductibles or co-insurance obligations for any prescription drug that exceeds the dollar amount of cost-sharing, deductibles or co-insurance obligations for any other prescription drug provided under such coverage in the category of non-preferred brand drugs or their equivalents.

A8278 - Bill Text download pdf

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

                                  8278

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2009
                               ___________

Introduced  by  M. of A. KELLNER, GOTTFRIED -- read once and referred to
  the Committee on Insurance

AN ACT to amend the public health law and the insurance law, in relation
  to cost-sharing, deductible or co-insurance for tier  IV  prescription
  drugs; and to amend the executive law, in relation to unlawful discri-
  minatory practice in relation to tier IV prescription drugs

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

  Section 1. Legislative findings.  The  cost-sharing,  deductibles  and
co-insurance  obligations for certain drugs have become cost prohibitive
for persons trying to overcome serious diseases such as cancer, multiple
sclerosis, rheumatoid arthritis,  hepatitis  C,  and  hemophilia.  These
drugs are typically new, produced in lesser quantities than other drugs,
and  not  available as less expensive brand name or generic prescription
drugs. Some health insurance plans and policies have established  unique
categories  or specialty tiers for these drugs, sometimes referred to as
Tier IV or Tier V. Patients under these plans  are  required  to  pay  a
percentage  of  the  cost  of  these  high-priced drugs, rather than the
traditional co-payment amounts for generic, preferred  brand,  and  non-
preferred  brand  prescription  drugs, often covered by Tier I, Tier II,
and Tier III plans and policies, respectively.  As  a  result,  patients
covered  under Tier IV or Tier V plans or policies must pay thousands of
dollars in out-of-pocket costs for drugs critical for their treatment.
  It is in the public interest to  help  patients  to  afford  necessary
prescription drugs by prohibiting cost-sharing, deductibles and co-insu-
rance  obligations  by  patients  that exceed payments for non-preferred
brand prescription drugs or the equivalent thereof. It is not the intent
of this legislation to preclude  plans  or  policies  from  categorizing
drugs  used  in  the  treatment  of  these common diseases as brand name
prescription drugs or generic prescription drug equivalents.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11409-01-9

Co-Sponsors

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Multi-Sponsors

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A8278A - Details

See Senate Version of this Bill:
S5000
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §296, Exec L

A8278A - Summary

Provides that no health care plan or health insurance policy which provides coverage for prescription drugs and for which cost-sharing, deductibles or co-insurance obligations are determined by category of prescription drugs including, but not limited to, generic drugs, preferred brand drugs and non-preferred brand drugs, shall impose cost-sharing, deductibles or co-insurance obligations for any prescription drug that exceeds the dollar amount of cost-sharing, deductibles or co-insurance obligations for any other prescription drug provided under such coverage in the category of non-preferred brand drugs or their equivalents.

A8278A - Sponsor Memo

A8278A - Bill Text download pdf

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

                                 8278--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2009
                               ___________

Introduced  by  M.  of  A.  KELLNER,  GOTTFRIED,  REILLY,  KOON, JACOBS,
  CYMBROWITZ, COOK, LANCMAN,  ROSENTHAL,  BOYLAND,  ESPAILLAT,  GUNTHER,
  BENEDETTO,  JAFFEE,  MENG,  CAHILL,  V. LOPEZ, GALEF, HOOPER -- Multi-
  Sponsored by -- M. of A.  BURLING, GLICK, McDONOUGH,  McENENY,  PERRY,
  SCHIMEL, SWEENEY, THIELE, TITONE, WEISENBERG -- read once and referred
  to  the  Committee  on  Insurance  --  recommitted to the Committee on
  Insurance in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to  cost-sharing,  deductible or co-insurance for tier IV prescription
  drugs; and to amend the executive law, in relation to unlawful discri-
  minatory practice in relation to tier IV prescription drugs

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

  Section  1.  Legislative  findings.  The cost-sharing, deductibles and
co-insurance obligations for certain drugs have become cost  prohibitive
for persons trying to overcome serious diseases such as cancer, multiple
sclerosis,  rheumatoid  arthritis,  hepatitis  C,  and hemophilia. These
drugs are typically new, produced in lesser quantities than other drugs,
and not available as less expensive brand name or  generic  prescription
drugs.  Some health insurance plans and policies have established unique
categories or specialty tiers for these drugs, sometimes referred to  as
Tier  IV  or  Tier  V.  Patients under these plans are required to pay a
percentage of the cost of  these  high-priced  drugs,  rather  than  the
traditional  co-payment  amounts  for generic, preferred brand, and non-
preferred brand prescription drugs, often covered by Tier  I,  Tier  II,
and  Tier  III  plans  and policies, respectively. As a result, patients
covered under Tier IV or Tier V plans or policies must pay thousands  of
dollars in out-of-pocket costs for drugs critical for their treatment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11409-03-0

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8278B (ACTIVE) - Details

See Senate Version of this Bill:
S5000
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §296, Exec L

A8278B (ACTIVE) - Summary

Provides that no health care plan or health insurance policy which provides coverage for prescription drugs and for which cost-sharing, deductibles or co-insurance obligations are determined by category of prescription drugs including, but not limited to, generic drugs, preferred brand drugs and non-preferred brand drugs, shall impose cost-sharing, deductibles or co-insurance obligations for any prescription drug that exceeds the dollar amount of cost-sharing, deductibles or co-insurance obligations for any other prescription drug provided under such coverage in the category of non-preferred brand drugs or their equivalents.

A8278B (ACTIVE) - Sponsor Memo

A8278B (ACTIVE) - Bill Text download pdf

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

                                 8278--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2009
                               ___________

Introduced  by  M.  of  A.  KELLNER,  GOTTFRIED,  REILLY,  KOON, JACOBS,
  CYMBROWITZ, COOK, LANCMAN,  ROSENTHAL,  BOYLAND,  ESPAILLAT,  GUNTHER,
  BENEDETTO,  JAFFEE,  MENG,  CAHILL,  V. LOPEZ,  GALEF, HOOPER, POWELL,
  SPANO, CASTRO, MAISEL, PEOPLES-STOKES,  P. RIVERA,  HEVESI  --  Multi-
  Sponsored  by  --  M. of A.  BRODSKY, BURLING, GLICK, LATIMER, LIFTON,
  LUPARDO, McDONOUGH, McENENY, J. MILLER, PAULIN, PERRY, PHEFFER,  PRET-
  LOW,  SCHIMEL, SWEENEY, THIELE, TITONE, TOWNS, WEISENBERG -- read once
  and referred to the Committee  on  Insurance  --  recommitted  to  the
  Committee  on  Insurance in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN ACT to amend the public health law and the insurance law, in relation
  to  cost-sharing,  deductible or co-insurance for tier IV prescription
  drugs; and to amend the executive law, in relation to unlawful discri-
  minatory practice in relation to tier IV prescription drugs

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

  Section  1.  Legislative  findings.  The cost-sharing, deductibles and
co-insurance obligations for certain drugs are becoming cost prohibitive
for persons  trying  to  overcome  serious  and  often  life-threatening
diseases  and  conditions such as cancer, multiple sclerosis, rheumatoid
arthritis, hepatitis C, hemophilia and psoriasis.  These drugs are typi-
cally new, produced in lesser  quantities  than  other  drugs,  and  not
available  as  less  expensive brand name or generic prescription drugs.
Some health insurance plans and policies in other states as well as some
self-insured plans in New York have  established  unique  categories  or
specialty  tiers  for  these  drugs, sometimes referred to as Tier IV or
Tier V. Patients under these plans are required to pay a  percentage  of
the cost of these high-priced drugs, rather than the traditional co-pay-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11409-04-0