Assembly Bill A5723B

2013-2014 Legislative Session

Relates to the purchase of prescription drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5723 - Details

See Senate Version of this Bill:
S3995
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6194, S2530
2017-2018: A3119, S1743
2019-2020: A3043, S4463
2021-2022: A5854, S3566

2013-A5723 - Summary

Relates to the purchase of prescription drugs.

2013-A5723 - Bill Text download pdf

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

                                  5723

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  the  purchase  of
  prescription drugs

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

  Section 1. Paragraph 28 of subsection  (i)  of  section  3216  of  the
insurance  law, as amended by chapter 11 of the laws of 2012, is amended
to read as follows:
  (28) (A) DEFINITIONS. FOR THE PURPOSE OF THIS PARAGRAPH:
  (1) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY  PHARMACY  BENEFIT
MANAGER UNDER CONTRACT TO A HEALTH PLAN OR UNDER THE CONTROL OF A HEALTH
PLAN  SHALL UTILIZE THE SAME BENCHMARK INDEX, INCLUDING THE SAME AVERAGE
WHOLESALE PRICE, MAXIMUM ALLOWABLE COST AND NATIONAL  PRESCRIPTION  DRUG
CODES  TO  REIMBURSE  ALL PHARMACIES PARTICIPATING IN THE HEALTH BENEFIT
PLAN REGARDLESS OF WHETHER A PHARMACY IS A  MAIL  ORDER  PHARMACY  OR  A
COMMUNITY  PHARMACY.  FURTHERMORE,  THE  PHARMACY  BENEFIT MANAGER SHALL
EXPRESSLY DISCLOSE TO THE HEALTH PLAN SPONSOR IN  THE  CONTRACT  IF  THE
PHARMACY  BENEFIT  MANAGER  RETAINS  ALL  OR A GREATER PORTION OF A DRUG
MANUFACTURER'S REBATE AMOUNT OR ANY ADDITIONAL DIRECT OR INDIRECT REMUN-
ERATION FROM ANY THIRD PARTY, FOR DRUGS DISPENSED THROUGH  THE  PHARMACY
BENEFIT MANAGER OWNED MAIL ORDER PHARMACY THAN THOSE DISPENSED THROUGH A
RETAIL PHARMACY.
  (2)  "MAIL  ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY BUSINESS IS
TO  RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH   ELECTRONIC
SUBMISSIONS  AND  TO  DISPENSE MEDICATION TO PATIENTS THROUGH THE USE OF
THE UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES  AND
PROVIDES  ANY  CONSULTATION  WITH  PATIENTS  ELECTRONICALLY  RATHER THAN
FACE-TO-FACE.
  (B) Any policy that provides coverage  for  prescription  drugs  shall
permit  each  insured  to  fill  any  covered  prescription  that may be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09462-01-3
              

co-Sponsors

multi-Sponsors

2013-A5723A - Details

See Senate Version of this Bill:
S3995
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6194, S2530
2017-2018: A3119, S1743
2019-2020: A3043, S4463
2021-2022: A5854, S3566

2013-A5723A - Summary

Relates to the purchase of prescription drugs.

2013-A5723A - Bill Text download pdf

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

                                 5723--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. HEASTIE, BRINDISI, RAIA, KEARNS, COLTON, PAULIN,
  ABINANTI, PERRY, MALLIOTAKIS, CYMBROWITZ, RODRIGUEZ,  HEVESI,  LAVINE,
  MOYA,  ROSENTHAL,  THIELE  --  Multi-Sponsored  by -- M. of A. ARROYO,
  GIGLIO, RA, ROZIC -- read once and referred to the Committee on Insur-
  ance -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  insurance  law,  in relation to the purchase of
  prescription drugs

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

  Section  1.  Paragraph  28  of  subsection  (i) of section 3216 of the
insurance law, as amended by chapter 11 of the laws of 2012, is  amended
to read as follows:
  (28) (A) DEFINITIONS. FOR THE PURPOSE OF THIS PARAGRAPH:
  (1) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY COVERAGE DESCRIBED
UNDER  SUBPARAGRAPH  (B) OF THIS PARAGRAPH SHALL PROVIDE THE SAME BENCH-
MARK INDEX, INCLUDING THE SAME AVERAGE WHOLESALE PRICE,  MAXIMUM  ALLOW-
ABLE  COST AND NATIONAL PRESCRIPTION DRUG CODES TO REIMBURSE ALL PHARMA-
CIES PARTICIPATING IN THE INSURANCE  NETWORK  REGARDLESS  OF  WHETHER  A
PHARMACY IS A MAIL ORDER PHARMACY OR A NON-MAIL ORDER PHARMACY.
  (2)  "MAIL  ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY BUSINESS IS
TO  RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH   ELECTRONIC
SUBMISSIONS  AND  TO  DISPENSE MEDICATION TO PATIENTS THROUGH THE USE OF
THE UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES  AND
PROVIDES  ANY  CONSULTATION  WITH  PATIENTS  ELECTRONICALLY  RATHER THAN
FACE-TO-FACE.
  (B) Any policy that provides coverage  for  prescription  drugs  shall
permit  each  insured  to  fill  any  covered  prescription  that may be
obtained at a network participating mail order or other non-retail phar-
macy, at the insured's option, at a network participating non-mail order
retail pharmacy provided that the network participating  non-mail  order

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09462-04-3
              

co-Sponsors

multi-Sponsors

2013-A5723B (ACTIVE) - Details

See Senate Version of this Bill:
S3995
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6194, S2530
2017-2018: A3119, S1743
2019-2020: A3043, S4463
2021-2022: A5854, S3566

2013-A5723B (ACTIVE) - Summary

Relates to the purchase of prescription drugs.

2013-A5723B (ACTIVE) - Bill Text download pdf

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

                                 5723--B
                                                        Cal. No. 562

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. HEASTIE, BRINDISI, RAIA, KEARNS, COLTON, PAULIN,
  ABINANTI, PERRY, MALLIOTAKIS, CYMBROWITZ, RODRIGUEZ,  HEVESI,  LAVINE,
  MOYA,  ROSENTHAL,  THIELE,  McDONALD,  PEOPLES-STOKES, JACOBS, CUSICK,
  GOTTFRIED,  BUCHWALD,  ORTIZ,  BENEDETTO,  SEPULVEDA,  AUBRY,  WEPRIN,
  TITONE,  GUNTHER,  SIMOTAS,  OTIS, ZEBROWSKI, LUPINACCI -- Multi-Spon-
  sored by -- M. of A.   ARROYO,  FARRELL,  GARBARINO,  GIGLIO,  HOOPER,
  LENTOL,  O'DONNELL,  RA,  ROZIC,  SCHIMEL,  WEINSTEIN -- read once and
  referred to the Committee on Insurance -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- ordered to  a  third  reading  --  committed  to  Insurance  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the insurance  law,  in  relation  to  the  purchase  of
  prescription drugs

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

  Section 1. Paragraph 28 of subsection  (i)  of  section  3216  of  the
insurance  law, as amended by chapter 11 of the laws of 2012, is amended
to read as follows:
  (28) (A) DEFINITIONS. FOR THE PURPOSE OF THIS PARAGRAPH:
  (1) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY COVERAGE DESCRIBED
UNDER SUBPARAGRAPH (B) OF THIS PARAGRAPH SHALL PROVIDE THE  SAME  BENCH-
MARK  INDEX,  INCLUDING THE SAME AVERAGE WHOLESALE PRICE, MAXIMUM ALLOW-
ABLE COST AND NATIONAL PRESCRIPTION DRUG CODES TO REIMBURSE ALL  PHARMA-
CIES  PARTICIPATING  IN  THE  INSURANCE  NETWORK REGARDLESS OF WHETHER A
PHARMACY IS A MAIL ORDER PHARMACY OR A NON-MAIL ORDER PHARMACY.
  (2) "MAIL ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY  BUSINESS  IS
TO   RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH  ELECTRONIC
SUBMISSIONS AND TO DISPENSE MEDICATION TO PATIENTS THROUGH  THE  USE  OF
THE  UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09462-06-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.