Senate Bill S2882

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

                                  2882

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

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

AN ACT to amend the public health law and the education law, in relation
  to the dispensing of three month supplies of drugs  to  treat  chronic
  illnesses  and conditions; and to amend the insurance law, in relation
  to requiring  insurers  to  provide  coverage  of  such  three  months
  supplies   in   the   same  manner  coverage  is  provided  for  other
  prescriptions

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

  Section  1. Subdivision 5 of section 3331 of the public health law, as
amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
follows:
  5.  No  more  than a thirty day supply [or, pursuant to regulations of
the commissioner enumerating  conditions  warranting  specified  greater
supplies,]  AND  no more than a three month supply of a schedule II, III
or IV substance USED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDI-
TION DESIGNATED BY THE  COMMISSIONER,  as  determined  by  the  directed
dosage  and frequency of dosage, may be dispensed by an authorized prac-
titioner at one time.
  S 2. Subdivision 3 of section  3332  of  the  public  health  law,  as
amended  by  section  7  of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
  3. No such prescription shall be made for  a  quantity  of  controlled
substances  which  would  exceed  a  thirty day supply if the controlled
substance were used in accordance with the directions for use  specified
on  the  prescription. A practitioner may, however, issue a prescription
for up to a three month supply of a controlled substance  provided  that
the controlled substance has been prescribed to treat [one] OR ALLEVIATE
ANY of the CHRONIC ILLNESSES OR conditions that [have] HAS been [enumer-
ated]  DESIGNATED  by  the  commissioner  pursuant  to  regulations  [as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06647-01-9
              

S. 2882                             2

warranting the prescribing of greater than a  thirty  day  supply  of  a
controlled  substance] and that the practitioner specifies the condition
on the face of the  prescription.  No  additional  prescriptions  for  a
controlled substance may be issued by a practitioner to an ultimate user
within  thirty  days  of  the date of any prescription previously issued
unless and until the ultimate user has exhausted all  but  a  seven  day
supply  of  the  controlled  substance provided by any previously issued
prescription. A practitioner may, however, issue a prescription  for  up
to  a  six  month  supply  of any substance listed in subdivision (h) of
Schedule II of section three thousand three hundred six of this  article
provided  that  such  substance  has been prescribed to treat one of the
conditions that have been enumerated by  the  commissioner  pursuant  to
regulations as warranting the prescribing of a six month supply and that
the   practitioner   specifies   the   condition  on  the  face  of  the
prescription.
  S 3. Subdivision 1 of section  3333  of  the  public  health  law,  as
amended  by  section  8  of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
  1. A licensed pharmacist may, in good faith and in the course  of  his
or  her  professional  practice,  sell  and dispense to an ultimate user
controlled substances only upon the delivery of  an  official  New  York
state  prescription  to  such pharmacist, within thirty days of the date
such prescription was signed by an  authorized  practitioner;  provided,
however,   a   pharmacist  may  dispense  a  part  or  portion  of  such
prescription in accordance  with  regulations  of  the  commissioner  in
consultation  with the commissioner of education. No pharmacy or pharma-
cist [may] SHALL sell or dispense greater than a thirty day supply of  a
controlled  substance  to an ultimate user unless and until the ultimate
user has exhausted  all  but  a  seven  day  supply  of  the  controlled
substance  provided  pursuant  to  any  previously  issued prescription,
except that a pharmacy or pharmacist may sell or dispense up to a  three
month  supply of a controlled substance if there appears, on the face of
the  official  New  York  state  prescription,  a  statement  that   the
controlled  substance  has  been  prescribed  to  treat [one] ANY of the
CHRONIC ILLNESSES OR conditions that [have] HAS been [enumerated] DESIG-
NATED  by  the  regulations  of  the  commissioner  [as  warranting  the
prescribing  of  greater  than  a  thirty  day  supply  of  a controlled
substance]. A pharmacy or pharmacist may sell or dispense up  to  a  six
month  supply  of any substance listed in subdivision (h) of Schedule II
of section three thousand three hundred six of  this  article  if  there
appears,  on  the  face  of  the official New York state prescription, a
statement that the substance has been prescribed to  treat  one  of  the
conditions  that  have been enumerated by the regulations of the commis-
sioner as warranting the prescribing of a specified greater supply.
  S 4. Subdivision 2 of section  3339  of  the  public  health  law,  as
amended  by  section  13 of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
  2. A prescription, except for a schedule II  controlled  substance  or
those  schedule  III  or  schedule  IV  controlled  substances which the
commissioner may require by regulation may be refilled not more than the
number of times specifically  authorized  by  the  prescriber  upon  the
prescription,  provided however no such authorization shall be effective
for a period greater than six months from the date the  prescription  is
signed.  In the event that the prescription authorizes the dispensing of
more than a thirty day supply of schedule III, schedule IV or schedule V
substances pursuant to regulations  of  the  commissioner  [enumerating]

S. 2882                             3

DESIGNATING CHRONIC ILLNESSES OR conditions warranting specified greater
supplies, the prescription may be refilled only once.
  S  5.  Section  6810  of  the education law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. A PRESCRIPTION MAY BE WRITTEN FOR A QUANTITY OF A DRUG  NECESSARY
FOR  A  THREE  MONTH  SUPPLY THEREOF IF SUCH DRUG WAS USED IN ACCORDANCE
WITH THE DIRECTIONS FOR USE SPECIFIED ON  THE  PRESCRIPTION,  WHEN  SUCH
DRUG  HAS  BEEN  PRESCRIBED  TO  TREAT  OR  ALLEVIATE ANY OF THE CHRONIC
ILLNESSES OR CONDITIONS THAT HAVE BEEN DESIGNATED BY THE COMMISSIONER OF
HEALTH PURSUANT TO REGULATIONS.
  S 6. 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  PRESCRIPTION  DRUGS  SHALL
PROVIDE FOR A LOWER RATE OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR
IMPOSE   A  HIGHER  CO-PAYMENT  FOR  COVERAGE  OF  THE  FILLING  OF  ANY
PRESCRIPTION  FOR  A  THREE  MONTH  SUPPLY  OF  ANY  PRESCRIPTION   DRUG
PRESCRIBED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDITION DESIG-
NATED BY THE COMMISSIONER OF HEALTH AS AN ILLNESS OR CONDITION FOR WHICH
A THREE MONTH SUPPLY OF DRUGS MAY BE PRESCRIBED.
  S 7. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 15 to read as follows:
  (15)  NO  POLICY  WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
PROVIDE FOR A LOWER RATE OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR
IMPOSE  A  HIGHER  CO-PAYMENT  FOR  COVERAGE  OF  THE  FILLING  OF   ANY
PRESCRIPTION   FOR  A  THREE  MONTH  SUPPLY  OF  ANY  PRESCRIPTION  DRUG
PRESCRIBED TO TREAT OR ALLEVIATE ANY CHRONIC ILLNESS OR CONDITION DESIG-
NATED BY THE COMMISSIONER OF HEALTH AS AN ILLNESS OR CONDITION FOR WHICH
A THREE MONTH SUPPLY OF DRUGS MAY BE PRESCRIBED.
  S 8. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ff) to read as follows:
  (FF)  NO CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION, A
HOSPITAL SERVICE CORPORATION  OR  A  HEALTH  SERVICE  CORPORATION  WHICH
PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL PROVIDE FOR A LOWER RATE
OF REIMBURSEMENT, IMPOSE A HIGHER DEDUCTIBLE OR IMPOSE A HIGHER  CO-PAY-
MENT  FOR  COVERAGE OF THE FILLING OF ANY PRESCRIPTION FOR A THREE MONTH
SUPPLY OF ANY PRESCRIPTION DRUG PRESCRIBED TO  TREAT  OR  ALLEVIATE  ANY
CHRONIC ILLNESS OR CONDITION DESIGNATED BY THE COMMISSIONER OF HEALTH AS
AN  ILLNESS  OR CONDITION FOR WHICH A THREE MONTH SUPPLY OF DRUGS MAY BE
PRESCRIBED.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and sections six, seven and  eight  of  this
act  shall apply to policies issued, renewed or amended on or after such
effective date; provided that any rules  and  regulations  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be promulgated,  amended  and/or  rescinded  on  or
before such date.