Assembly Bill A10111

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

                                  10111

                          I N  A S S E M B L Y

                              June 13, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
  read once and referred 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 30 to read as follows:
  (30)  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
PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG  FOR  ACUTE  PAIN  IN

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

                                                           LBD02570-03-4

A. 10111                            2

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 19 to read as follows:
  (19) 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 (oo) to read as follows:
  (OO) 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.