senate Bill S2086

2013-2014 Legislative Session

Prohibits first fail accident and/or health insurance policies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
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.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jan 10, 2013 referred to insurance

Co-Sponsors

S2086 - Details

See Assembly Version of this Bill:
A4285
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add Art 33 ยงยง3301 - 3305, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5110, A8609
2009-2010: A10411, A1041

S2086 - Summary

Prohibits first fail accident and/or health insurance policies; enacts penalties and defines terms.

S2086 - Sponsor Memo

S2086 - Bill Text download pdf

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

                                  2086

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sens.  YOUNG, ADDABBO -- 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  the  prohibition  on
  first fail policies

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

  Section 1. The insurance law is amended by adding a new article 33  to
read as follows:
                                ARTICLE 33
                 PROHIBITION ON FIRST FAIL POLICIES AND
                  UNAUTHORIZED THERAPEUTIC SUBSTITUTION
SECTION 3301. DEFINITIONS.
        3302. PRESCRIPTION DRUG DENIALS.
        3303. SWITCH COMMUNICATIONS/CONSUMER RIGHT TO KNOW.
        3304. PENALTIES.
        3305. PRESCRIPTION DRUG RESTRICTION OVERRIDES.
  S 3301. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A)  "INSURER"  SHALL MEAN ANY PERSON OR ENTITY WHO OFFERS A POLICY OF
ACCIDENT AND/OR HEALTH INSURANCE PURSUANT TO SECTION THREE THOUSAND  TWO
HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE, OR FOUR THOUSAND
THREE  HUNDRED THREE OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW; EXCEPT WHEN SUCH HEALTH CARE SERVICES ARE  PROVIDED,  DELIV-
ERED,  ARRANGED FOR, PAID FOR, OR REIMBURSED BY ANY STATE, DEPARTMENT OR
AGENCY;
  (B) "PHARMACY BENEFITS MANAGER" OR "PBM", MEANS  A  PERSON  OR  ENTITY
OTHER  THAN  A  PHARMACY  OR  PHARMACIST  ACTING  AS AN ADMINISTRATOR IN
CONNECTION WITH PHARMACY BENEFITS;
  (C) "SWITCH COMMUNICATION", MEANS A  WRITTEN  COMMUNICATION  FROM  ANY
INSURER OR PBM TO A PATIENT OR THE PATIENT'S PHYSICIAN THAT RECOMMENDS A
PATIENT'S MEDICATION BE SWITCHED BY THE ORIGINAL PRESCRIBING HEALTH CARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04369-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.