senate Bill S3749C

2011-2012 Legislative Session

Relates to prescription prices and pharmacies for injured employees

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 19, 2012 amended on third reading 3749e
Jun 18, 2012 amended on third reading 3749d
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.634
Jan 17, 2012 print number 3749c
amend and recommit to labor
Jan 04, 2012 referred to labor
Jun 14, 2011 print number 3749b
amend (t) and recommit to labor
Jun 06, 2011 print number 3749a
amend and recommit to labor
Mar 03, 2011 referred to labor

Votes

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May 1, 2012 - Labor committee Vote

S3749C
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Bill Amendments

Original
A
B
C
D
E (Active)
Original
A
B
C
D
E (Active)

Co-Sponsors

S3749 - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749 - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to prescription
prices and pharmacies for injured employees
and to repeal section 88 of such law relating thereto

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 t:he
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 immediate 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 pharmaceutical 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 employee'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 pharmacy ensures
that the employee gets the best possible healthcare and it eliminates
the ability of an employer or carrier to control the employee'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


FISCAL IMPLICATIONS:
Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3749

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

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 and to repeal
  section 88 of such law relating thereto

  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 three new paragraphs 6,  7  and  8  are  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-01-1

S. 3749                             2

charges  in accordance with the fee schedule prescribed in section thir-
teen-o of this [chapter] ARTICLE.
  (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 COMPLY  WITH
THE PUBLISHED PRICES.
  (7)  ANY  PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
AND HAS NOT BEEN REIMBURSED IN ACCORDANCE WITH THE PROVISIONS  OF  PARA-
GRAPH  ONE  OF  THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
AGAINST THE EMPLOYER AND CARRIER TO RECOVER  THE  AMOUNTS  DUE  TO  SUCH
PHARMACY  PURSUANT TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO
BE ESTABLISHED BY THE BOARD OR THE CHAIRMAN. WHERE A PHARMACY  BILL  HAS
BEEN DETERMINED TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF
THIS  SUBDIVISION,  THE  BOARD  SHALL INCLUDE IN THE AMOUNT OF THE AWARD
INTEREST OF NOT MORE THAN ONE AND ONE-HALF PERCENT PER MONTH PAYABLE  TO
THE PHARMACY IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY
THE BOARD.
  (8)  NOTWITHSTANDING  ANY OTHER PROVISION IN THIS CHAPTER, THE INITIAL
FILL OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR  BENEFITS
UNDER  THIS  CHAPTER  SHALL  NOT CONTAIN A SUPPLY OF SUCH MEDICINE FOR A
PERIOD OF LONGER THAN FOURTEEN DAYS. FOR THE PURPOSES OF THIS PARAGRAPH,
"INITIAL FILL" SHALL BE DEFINED AS A PRESCRIPTION OR  A  COMBINATION  OF
PRESCRIPTIONS FOR MEDICATION ISSUED BY AN AUTHORIZED MEDICAL PROVIDER AT
THE  TIME  OF  DISCOVERY  OF  INJURY  OR  ILLNESS  BUT SHALL NOT INCLUDE
PRESCRIPTIONS THAT MAY BE WRITTEN SEVENTY-TWO HOURS  OR  MORE  FROM  THE
TIME OF INITIAL MEDICAL CARE.
  S 2.  Section 88 of the workers' compensation law, as amended by chap-
ter 635 of the laws of 1996, is amended to read as follows:
  S 88. Administration expenses. The entire expense of administering the
state  insurance  fund shall be paid out of such fund which shall not be
considered an agency or a fund of the state for the purposes of  section
four  of the state finance law.  The portion of such expenses applicable
and chargeable to the disability benefits fund shall be determined on an
equitable  basis  with  due  allowance  for  the  division  of  overhead
expenses.   There shall be submitted to the director of the budget quar-
terly financial statements on a calendar year basis.  In no  case  shall
the  amount  of  administrative expenditures so authorized for an entire
year from the workers' compensation fund exceed twenty-five  per  centum
of  the  earned  premiums for such insurance for that year.  [In no case
shall the amount of administrative expenditures authorized for the disa-
bility benefits fund for an entire year exceed twenty-five per centum of
the premiums earned by that fund for such insurance for that  year.]  No
payment,  expenditure or refund out of the state insurance fund shall be
subject to pre-audit by the department of audit and control as  provided
by section one hundred eleven of the state finance law. All appointments
to  positions in the state insurance fund shall be made subject to civil
service requirements.
  S 3. Section 88 of the workers' compensation law, as amended by  chap-
ter 6 of the laws of 2007, is REPEALED.
  S 4.  This act shall take effect immediately.

Co-Sponsors

S3749A - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749A - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749A

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to prescription
prices and pharmacies for injured employees
and to repeal section 88 of such law relating thereto

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 t:he
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 immediate 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 pharmaceutical 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 employee'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 pharmacy ensures
that the employee gets the best possible healthcare and it eliminates
the ability of an employer or carrier to control the employee'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


FISCAL IMPLICATIONS:
Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3749--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced by Sens. ROBACH, ADDABBO, JOHNSON, McDONALD -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN   ACT  to  amend  the  workers'  compensation  law,  in  relation  to
  prescription prices and pharmacies for injured employees and to repeal
  section 88 of such law relating thereto

  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  three  new  paragraphs  6,  7  and  8 are 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-03-1

S. 3749--A                          2

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.
  (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 COMPLY  WITH
THE PUBLISHED PRICES.
  (7)  ANY  PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
AND HAS NOT BEEN REIMBURSED IN ACCORDANCE WITH THE PROVISIONS  OF  PARA-
GRAPH  ONE  OF  THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
AGAINST THE CARRIER TO RECOVER THE AMOUNTS DUE TO SUCH PHARMACY PURSUANT
TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO BE ESTABLISHED  BY
THE  BOARD OR THE CHAIRMAN. WHERE A PHARMACY BILL HAS BEEN DETERMINED TO
BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS  SUBDIVISION,
THE  BOARD SHALL INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF NOT MORE
THAN ONE AND ONE-HALF PERCENT PER  MONTH  PAYABLE  TO  THE  PHARMACY  IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (8)  NOTWITHSTANDING  ANY OTHER PROVISION IN THIS CHAPTER, THE INITIAL
FILL OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR  BENEFITS
UNDER  THIS  CHAPTER  SHALL  NOT CONTAIN A SUPPLY OF SUCH MEDICINE FOR A
PERIOD OF LONGER THAN FOURTEEN DAYS. FOR THE PURPOSES OF THIS PARAGRAPH,
"INITIAL FILL" SHALL BE DEFINED AS A PRESCRIPTION OR  A  COMBINATION  OF
PRESCRIPTIONS FOR MEDICATION ISSUED BY AN AUTHORIZED MEDICAL PROVIDER AT
THE  TIME  OF  DISCOVERY  OF  INJURY  OR  ILLNESS  BUT SHALL NOT INCLUDE
PRESCRIPTIONS THAT MAY BE WRITTEN SEVENTY-TWO HOURS  OR  MORE  FROM  THE
TIME OF INITIAL MEDICAL CARE.
  S 2.  Section 88 of the workers' compensation law, as amended by chap-
ter 635 of the laws of 1996, is amended to read as follows:
  S 88. Administration expenses. The entire expense of administering the
state  insurance  fund shall be paid out of such fund which shall not be
considered an agency or a fund of the state for the purposes of  section
four  of the state finance law.  The portion of such expenses applicable
and chargeable to the disability benefits fund shall be determined on an
equitable  basis  with  due  allowance  for  the  division  of  overhead
expenses.   There shall be submitted to the director of the budget quar-
terly financial statements on a calendar year basis.  In no  case  shall
the  amount  of  administrative expenditures so authorized for an entire
year from the workers' compensation fund exceed twenty-five  per  centum
of  the  earned  premiums for such insurance for that year.  [In no case
shall the amount of administrative expenditures authorized for the disa-
bility benefits fund for an entire year exceed twenty-five per centum of
the premiums earned by that fund for such insurance for that  year.]  No
payment,  expenditure or refund out of the state insurance fund shall be
subject to pre-audit by the department of audit and control as  provided
by section one hundred eleven of the state finance law. All appointments
to  positions in the state insurance fund shall be made subject to civil
service requirements.
  S 3. Section 88 of the workers' compensation law, as amended by  chap-
ter 6 of the laws of 2007, is REPEALED.
  S 4.  This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3749B - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749B - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749B

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to prescription
prices and pharmacies for injured employees
and to repeal section 88 of such law relating thereto

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 t:he
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 immediate 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 pharmaceutical 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 employee'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 pharmacy ensures
that the employee gets the best possible healthcare and it eliminates
the ability of an employer or carrier to control the employee'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


FISCAL IMPLICATIONS:
Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3749--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced by Sens. ROBACH, ADDABBO, JOHNSON, McDONALD -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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  three  new  paragraphs  6,  7  and  8 are 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-05-1

S. 3749--B                          2

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.
  (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 COMPLY  WITH
THE PUBLISHED PRICES.
  (7)  ANY  PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
AND HAS NOT BEEN REIMBURSED IN ACCORDANCE WITH THE PROVISIONS  OF  PARA-
GRAPH  ONE  OF  THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
AGAINST THE CARRIER TO RECOVER THE AMOUNTS DUE TO SUCH PHARMACY PURSUANT
TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO BE ESTABLISHED  BY
THE  BOARD OR THE CHAIRMAN. WHERE A PHARMACY BILL HAS BEEN DETERMINED TO
BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS  SUBDIVISION,
THE  BOARD SHALL INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF NOT MORE
THAN ONE AND ONE-HALF PERCENT PER  MONTH  PAYABLE  TO  THE  PHARMACY  IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (8)  NOTWITHSTANDING  ANY OTHER PROVISION IN THIS CHAPTER, THE INITIAL
FILL OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR  BENEFITS
UNDER THIS SUBDIVISION SHALL NOT CONTAIN A SUPPLY OF SUCH MEDICINE FOR A
PERIOD OF LONGER THAN FOURTEEN DAYS. FOR THE PURPOSES OF THIS PARAGRAPH,
"INITIAL  FILL"  SHALL  BE DEFINED AS A PRESCRIPTION OR A COMBINATION OF
PRESCRIPTIONS FOR MEDICATION ISSUED BY AN AUTHORIZED MEDICAL PROVIDER AT
THE TIME OF DISCOVERY  OF  INJURY  OR  ILLNESS  BUT  SHALL  NOT  INCLUDE
PRESCRIPTIONS  THAT  MAY  BE  WRITTEN SEVENTY-TWO HOURS OR MORE FROM THE
TIME OF INITIAL MEDICAL CARE.
  S 2.  This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3749C - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749C - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749C

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 t:he
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 immediate 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 pharmaceutical 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 employee'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 pharmacy ensures
that the employee gets the best possible healthcare and it eliminates
the ability of an employer or carrier to control the employee'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

FISCAL IMPLICATIONS:


Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3749--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  ROBACH, ADDABBO, JOHNSON, MARTINS, MAZIARZ, McDO-
  NALD, SAVINO, VALESKY -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Labor -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Labor in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 two new paragraphs 6 and 7 are 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-08-2

S. 3749--C                          2

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.
  (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 COMPLY WITH
THE PUBLISHED PRICES.
  (7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  THE  INITIAL
FILL  OF A PRESCRIPTION MEDICINE IN CONNECTION WITH A CLAIM FOR BENEFITS
UNDER THIS SUBDIVISION SHALL NOT CONTAIN A SUPPLY OF SUCH MEDICINE FOR A
PERIOD OF LONGER THAN FOURTEEN DAYS. FOR THE PURPOSES OF THIS PARAGRAPH,
"INITIAL FILL" SHALL BE DEFINED AS A PRESCRIPTION OR  A  COMBINATION  OF
PRESCRIPTIONS FOR MEDICATION ISSUED BY AN AUTHORIZED MEDICAL PROVIDER AT
THE  TIME  OF  DISCOVERY  OF  INJURY  OR  ILLNESS  BUT SHALL NOT INCLUDE
PRESCRIPTIONS THAT MAY BE WRITTEN SEVENTY-TWO HOURS  OR  MORE  FROM  THE
TIME OF INITIAL MEDICAL CARE.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3749D - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749D - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749D

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 t:he
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 immediate 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 pharmaceutical 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
employee'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 pharmacy ensures that the employee gets the best possible
healthcare and it eliminates the ability of an employer or carrier to
control the employee'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

FISCAL IMPLICATIONS:
Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by
Chapter 6 of the Laws of 2007. The changes to the legislation 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3749--D
    Cal. No. 634

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by Sens. ROBACH, ADDABBO, AVELLA, BONACIC, FLANAGAN, GOLDEN,
  JOHNSON, KLEIN, LARKIN, LAVALLE, MARTINS, MAZIARZ, McDONALD, NOZZOLIO,
  OPPENHEIMER, SAVINO, VALESKY, YOUNG, ZELDIN -- read twice and  ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Labor in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-12-2

S. 3749--D                          2

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.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3749E (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5183C
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S2978B, A6992B

S3749E (ACTIVE) - Bill Texts

view summary

Relates to prescription prices and pharmacies for injured employees.

view sponsor memo
BILL NUMBER:S3749E

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 immediate 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 pharmaceutical 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
employee'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 pharmacy ensures that the employee gets the best possible
healthcare and it eliminates the ability of an employer or carrier to
control the employee'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

FISCAL IMPLICATIONS:
Savings to the workers compensation system were derived from the
creation of a pharmaceutical fee schedule that was established by


Chapter 6 of the Laws of 2007. The changes to the legislation 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3749--E
    Cal. No. 634

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by Sens. ROBACH, ADDABBO, AVELLA, BONACIC, FLANAGAN, GOLDEN,
  JOHNSON, KLEIN, LARKIN, LAVALLE, MARTINS, MAZIARZ, McDONALD, NOZZOLIO,
  OPPENHEIMER, SAVINO, VALESKY, YOUNG, ZELDIN -- read twice and  ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Labor in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08819-16-2

S. 3749--E                          2

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.
  (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.

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