S T A T E O F N E W Y O R K
________________________________________________________________________
4275
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred 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 chapter 178 of the laws of 2010, 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.
LBD00028-01-1
A. 4275 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 thirty-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 practi-
tioner specifies the condition on the prescription or on the electronic
prescription.
S 3. Subdivision 1 of section 3333 of the public health law, as
amended by chapter 178 of the laws of 2010, 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 or the receipt of an electronic 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 regu-
lations of the commissioner in consultation with the commissioner of
education. No pharmacy or pharmacist [may] SHALL sell or dispense great-
er 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 previ-
ously 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 official New York state prescription or electronic
prescription, a statement that the controlled substance has been
prescribed to treat [one] ANY of the CHRONIC ILLNESSES OR conditions
that have been [enumerated] DESIGNATED by the regulations of the commis-
sioner [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 thirty-three hundred six of this article
if there appears, on the official New York state prescription or on an
electronic prescription, a statement that the substance has been
prescribed to treat one of the conditions that have been enumerated by
the regulations of the commissioner 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
A. 4275 3
substances pursuant to regulations of the commissioner [enumerating]
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 28 to read as follows:
(28) 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 17 to read as follows:
(17) 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 (hh) to read as follows:
(HH) 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.