NY State Senate Bill 2011-S1430

Archive: Last Bill Status Via A1219 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 14, 2011	signed chap.589
Oct 04, 2011	delivered to governor
Jun 02, 2011	returned to assembly passed senate 3rd reading cal.238 substituted for s1430
Jun 02, 2011	substituted by a1219
Mar 23, 2011	advanced to third reading
Mar 22, 2011	2nd report cal.
Mar 21, 2011	1st report cal.238
Jan 07, 2011	referred to insurance

Votes

- Jun 2, 2011 - Floor Vote
  A1219
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2011
      
      aye (58)
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (4)
      
      Adams
      
      Duane
      
      Kruger
      
      Smith
  Mar 21, 2011 - Insurance Committee Vote
  S1430
  
  17
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Mar 21, 2011
      
      aye (17)
      
      Breslin
      
      Diaz
      
      Espaillat
      
      Flanagan
      
      Golden
      
      Grisanti
      
      Kennedy
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Martins
      
      Peralta
      
      Saland
      
      Seward
      
      Smith
      
      Young
      
      nay (1)
      
      Parker

co-Sponsors

2011-S1430 (ACTIVE) - Details

See Assembly Version of this Bill:: A1219
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2009-2010 Legislative Session:: S7001, A10229

2011-S1430 (ACTIVE) - Summary

Requires coverage for the authorized refill of any prescription eye drop medication under certain circumstances when such refill is requested prior to expiration of the period of usage.

2011-S1430 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1430

TITLE OF BILL:
An act
to amend the insurance law, in relation to prescription coverage for eye
drops

PURPOSE:
This bill amends certain sections of the insurance law to
allow for the refill of prescription eye drops when the refill is
requested prior to the expiration of the period of suggested use.

SUMMARY OF PROVISIONS:
Section 1. Amends section 3216 subsection (i) of the insurance law to
add a new paragraph twenty-eight to allow for the limited refilling
of the prescription eye drops when the refill is requested prior to
the last day of the approved dosage period without regard to any
coverage restrictions on early refill of renewals. A pharmacist may
contact the physician or health care provider to verify the
prescription.

Section 2. Amends section 3221 subsection (k) of the insurance law to
add a new paragraph seventeen to allow for the limited refilling of
the prescription eye drops when the refill is requested prior to the
last day of the approved dosage period without regard to any coverage
restrictions on early refill of renewals. A pharmacist may contact

the physician or health care provider to verify the prescription.

Section 3. Amends section 4303 of the insurance law to add a new
subsection (hh) to allow for the limited refilling of the
prescription eye drops when the refill is requested prior to the last
day of the approved dosage period without regard to any coverage
restrictions on early refill of renewals. A pharmacist may contact
the physician or health care provider to verify the prescription.

Section 4. Sets forth the effective date.

JUSTIFICATION:

Many patients rely on a variety of prescription eye medications for
the preservation of sight.
particularly, those suffering from glaucoma and other degenerative eye
diseases require prescription eye drops on a daily basis The
effectiveness of prescription eye drops relies heavily upon
continuity of treatment, specifically consistent daily usage by the
patient.

Presently, many patients run out oftheir prescription eye drops well
before the expiration of the intended period of use denoted on the
prescription label. This is particularly problematic for elderly
patients with unsteady hands. However, even those using the utmost
care in storing and
using the eye drops find it nearly impossible to ration the medication
to last the period of intended use. When a patient runs out of their
prescription prior to the expiration of the intended period of use
and returns to their pharmacist seeking a refill of the prescription,


coverage is denied by the insurance company and the patient is turned
away empty handed.

Furthermore, many of these medications are not yet available in
generic form and are very costly, thereby prohibiting patients from
paying for the necessary prescription out of pocket which
disproportionately burdens our elderly and infirm. Unfortunately many
patients are unable to utilize the entirety of the medication because
of shaky hands or a defect in the products' dispensing mechanism.
This bill would correct the problem by allowing for authorized
refills of the product.

Failing to provide sensible refill and insurance coverage policies,
prohibits continuity of care and puts patients at risk. Therefore, to
ensure that patients who have prescription drug coverage continue to
receive this important treatment it is necessary to require coverage
for the limited refilling of prescription eye drops without regard to
coverage restrictions for early refill of renewals. This legislation
will provide much needed protections for those who rely on
prescription eye drops for preservation of sight.

LEGISLATIVE HISTORY:

2009-2010: S.7001B Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2011-S1430 (ACTIVE) - Bill Text download pdf

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

                                  1430

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. SALAND, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to prescription  coverage
  for eye drops

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

  Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
amended by adding a new paragraph 28 to read as follows:
  (28)  NOTWITHSTANDING  TITLE  ELEVEN  OF  ARTICLE  FIVE  OF THE SOCIAL
SERVICES LAW OR ANY OTHER  LAW  TO  THE  CONTRARY,  EVERY  POLICY  WHICH
PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-
ER FOR COVERAGE, ALLOW FOR THE LIMITED  REFILLING  OF  THE  PRESCRIPTION
PRIOR  TO  THE  LAST DAY OF THE APPROVED DOSAGE PERIOD WITHOUT REGARD TO
ANY COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED,  HOWEV-
ER,  THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE PRESCRIBED
AND APPROVED COVERAGE PERIOD PURSUANT TO THIS PARAGRAPH, SHALL,  TO  THE
EXTENT  PRACTICABLE,  BE  LIMITED  IN  QUANTITY  SO AS NOT TO EXCEED THE
REMAINING DOSAGE INITIALLY APPROVED  FOR  COVERAGE.  PROVIDED,  FURTHER,
THAT  SUCH  LIMITED  REFILLING SHALL NOT LIMIT OR RESTRICT COVERAGE WITH
REGARD TO ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION  FOR  EYE
DROP  MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERIFY THE PRESCRIPTION.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 17 to read as follows:
  (17) NOTWITHSTANDING TITLE  ELEVEN  OF  ARTICLE  FIVE  OF  THE  SOCIAL
SERVICES  LAW  OR  ANY  OTHER  LAW  TO  THE CONTRARY, EVERY POLICY WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE  DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-01-1

S. 1430                             2

ER  FOR  COVERAGE,  ALLOW  FOR THE LIMITED REFILLING OF THE PRESCRIPTION
PRIOR TO THE LAST DAY OF THE APPROVED DOSAGE PERIOD  WITHOUT  REGARD  TO
ANY  COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED, HOWEV-
ER,  THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE PRESCRIBED
AND APPROVED COVERAGE PERIOD PURSUANT TO THIS PARAGRAPH, SHALL,  TO  THE
EXTENT  PRACTICABLE,  BE  LIMITED  IN  QUANTITY  SO AS NOT TO EXCEED THE
REMAINING DOSAGE INITIALLY APPROVED  FOR  COVERAGE.  PROVIDED,  FURTHER,
THAT  SUCH  LIMITED  REFILLING SHALL NOT LIMIT OR RESTRICT COVERAGE WITH
REGARD TO ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION  FOR  EYE
DROP  MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERITY THE PRESCRIPTION.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (hh) to read as follows:
  (HH)  NOTWITHSTANDING  TITLE  ELEVEN  OF  ARTICLE  FIVE  OF THE SOCIAL
SERVICES LAW OR ANY OTHER  LAW  TO  THE  CONTRARY,  EVERY  POLICY  WHICH
PROVIDES  COVERAGE FOR PRESCRIPTION DRUGS SHALL, WITH REGARD TO EYE DROP
MEDICATION REQUIRING A PRESCRIPTION THAT HAS BEEN APPROVED BY THE INSUR-
ER FOR COVERAGE, ALLOW FOR THE LIMITED  REFILLING  OF  THE  PRESCRIPTION
PRIOR  TO  THE  LAST DAY OF THE APPROVED DOSAGE PERIOD WITHOUT REGARD TO
ANY COVERAGE RESTRICTIONS ON EARLY REFILL OF RENEWALS. PROVIDED,  HOWEV-
ER,  THAT ANY REFILL DISPENSED PRIOR TO THE EXPIRATION OF THE PRESCRIBED
AND APPROVED COVERAGE PERIOD PURSUANT TO THIS SUBSECTION, SHALL, TO  THE
EXTENT  PRACTICABLE,  BE  LIMITED  IN  QUANTITY  SO AS NOT TO EXCEED THE
REMAINING DOSAGE INITIALLY APPROVED  FOR  COVERAGE.  PROVIDED,  FURTHER,
THAT  SUCH  LIMITED  REFILLING SHALL NOT LIMIT OR RESTRICT COVERAGE WITH
REGARD TO ANY PREVIOUSLY OR SUBSEQUENTLY APPROVED PRESCRIPTION  FOR  EYE
DROP  MEDICATION AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE
POLICY OTHERWISE APPLICABLE TO THIS COVERAGE.  PROVIDED, FURTHER, THAT A
PHARMACIST MAY CONTACT THE PRESCRIBING PHYSICIAN OR HEALTH CARE PROVIDER
TO VERITY THE PRESCRIPTION.
  S 4. This act shall take effect immediately and shall apply  to  poli-
cies  issued,  reissued,  renewed, modified or amended on and after such
date.

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Senate Bill S1430

Sponsored By

Archive: Last Bill Status Via A1219 - Signed by Governor

Jun 2, 2011 - Floor Vote

Floor Vote: Jun 2, 2011

Mar 21, 2011 - Insurance Committee Vote

Insurance Committee Vote: Mar 21, 2011

co-Sponsors

2011-S1430 (ACTIVE) - Details

2011-S1430 (ACTIVE) - Summary

2011-S1430 (ACTIVE) - Sponsor Memo

2011-S1430 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1430

Share this bill

Sponsored By

Stephen M. Saland

Archive: Last Bill Status Via A1219 - Signed by Governor

co-Sponsors

John J. Bonacic

2011-S1430 (ACTIVE) - Details

2011-S1430 (ACTIVE) - Summary

2011-S1430 (ACTIVE) - Sponsor Memo

2011-S1430 (ACTIVE) - Bill Text download pdf

Comments