Senate Bill S6745

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

                                  6745

                            I N  S E N A T E

                             March 16, 2012
                               ___________

Introduced  by  Sens. HANNON, GOLDEN, LARKIN, MARTINS, MAZIARZ, McDONALD
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health

AN ACT to amend the public health  law,  in  relation  to  limiting  the
  initial  prescription of a controlled substance for the alleviation of
  acute pain to between a three to ten day  supply;  and  to  amend  the
  insurance law, in relation to coverage of such 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. (A) No more than a thirty day supply or, pursuant to regulations of
the commissioner enumerating  conditions  warranting  specified  greater
supplies,  no more than a three month supply of a schedule II, III or IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL  OPINION  OR  DISCRETION,  MAY DISPENSE OR PRESCRIBE NO MORE THAN
BETWEEN A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III  CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
OF  THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION,  "ACUTE  PAIN"  MEANS  PAIN,
WHETHER  ACCIDENTAL  OR  INTENTIONAL,  THAT LASTS ONLY A SHORT OR FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 29 to read as follows:
  (29) NO POLICY DELIVERED OR ISSUED FOR DELIVERY IN  THIS  STATE  WHICH
PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAY-
MENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON,  WHO  IS

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

                                                           LBD14760-04-2

S. 6745                             2

PRESCRIBED  A  LIMITED  AMOUNT  OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN
ACCORDANCE  WITH  PARAGRAPH  (B)  OF   SUBDIVISION   FIVE   OF   SECTION
THIRTY-THREE  HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL
COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
PARAGRAPH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ii) to read as follows:
  (II) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.