senate Bill S2786A

2013-2014 Legislative Session

Relates to the collection of prescription drug co-payments

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1067
May 22, 2014 print number 2786a
amend and recommit to finance
May 20, 2014 reported and committed to finance
Jan 08, 2014 referred to health
Jun 21, 2013 recommitted to rules
Jun 11, 2013 ordered to third reading cal.1244
reported and committed to rules
Jun 04, 2013 reported and committed to finance
Jan 23, 2013 referred to health

Votes

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Jun 2, 2014 - Finance committee Vote

S2786A
23
12
committee
23
Aye
12
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 20, 2014 - Health committee Vote

S2786
8
6
committee
8
Aye
6
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 11, 2013 - Finance committee Vote

S2786
21
13
committee
21
Aye
13
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 11, 2013 - Rules committee Vote

S2786
14
9
committee
14
Aye
9
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 4, 2013 - Health committee Vote

S2786
8
5
committee
8
Aye
5
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2786 - Bill Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §367-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4749

S2786 - Bill Texts

view summary

Requires the collection of prescription drug co-payments at the point of sale in pharmacies.

view sponsor memo
BILL NUMBER:S2786

TITLE OF BILL: An act to amend the social services law, in relation to
the collection of prescription drug co-payments

PURPOSE: To require patients to pay co-payments for prescription drugs
at the point-of-sale under Medicaid and Family Health Plus

SUMMARY OF PROVISIONS:

Section 1- Amends section 367-a of the Social Services law to require
the payment of prescription drug co-payments under Medicaid.

Section 2- Amends section 369-ee of the Social Services law to require
the payment of prescription drug co-payments under Family Health Plus.

Section 3- Effective date.

JUSTIFICATION: Co-payments for prescription drugs in the State Medicaid
program were implemented in New York State in 1995. Prescription drug
co-payments were also included when the Family Health Plus program was
created. It is the current policy that Medicaid and Family Health Plus
beneficiaries cannot be denied services if they refuse to pay their
co-payments at the point-of-sale. As a result, pharmacies in the State
of New York have experienced serious financial losses through the
inability to collect the co-payments of $1 for generics and $3 for brand
name drugs under Medicaid and $3 for generics and $6 for brand name
drugs under Family Health Plus. Survey data has found that the statewide
average of uncollectible co-payments is 50%, and the rate is even higher
in New York City with some pharmacies experiencing uncollectible co-pay-
ments of 90%.

Unlike other providers which receive funding from bad debt and charity
pools, pharmacies cannot write off their bad debt and do not receive
state assistance to make up for these losses. Uncollectible co-payments
come directly out of the pockets of community pharmacies. Pharmacies
have also recently experienced significant reductions in reimbursement
under Medicaid and Family Health and are currently are paid one of the
lowest rates in the country. This hardship is exacerbated by the losses
incurred through uncollectible co-payments in these programs. This situ-
ation is inequitable and also jeopardizes access to pharmacy services
for all New Yorkers.

Recently, the pharmacy benefit under Medicaid and Family Health Plus was
changed and will now be administered by private managed care plans for
the majority of beneficiaries. However, the co-payments remain the same
as does the policy regarding pharmacy collection. This means that phar-
macies will continue to lose on average 50% of co-payments for the
prescription drugs filled for approximately four million New Yorkers.

This inequity would be addressed through this legislation by requiring
Medicaid and Family Health Plus beneficiaries to pay their co-payments
to pharmacies at the point-of-sale when filling their prescriptions.

LEGISLATIVE HISTORY: S.4749A/A.7727 of 2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect one hundred and eighty days
after it shall become law.

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

                                  2786

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens. DeFRANCISCO, LARKIN, RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT  to amend the social services law, in relation to the collection
  of prescription drug co-payments

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

  Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 6 of
section 367-a of the social services law, as amended by  section  47  of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
  (iii)  Notwithstanding  any  other  provision  of  this paragraph, co-
payments charged for each generic prescription drug dispensed  shall  be
one  dollar and for each brand name prescription drug dispensed shall be
three dollars; provided, however, that the co-payments charged for  each
brand  name  prescription  drug  on  the preferred drug list established
pursuant to section two hundred seventy-two of the public health law and
the co-payments charged for each brand name prescription drug reimbursed
pursuant to subparagraph (ii) of paragraph (a-1) of subdivision four  of
section  three  hundred  sixty-five-a of this title shall be one dollar.
THE PAYMENT OF SUCH CO-PAYMENTS SHALL BE MANDATORY AT THE POINT OF  SALE
IN PHARMACIES.
  S  2. Paragraph (i) of subdivision 2-a of section 369-ee of the social
service law, as amended by section 26 of part E of  chapter  63  of  the
laws of 2005, is amended to read as follows:
  (i)  co-payments  charged for each generic prescription drug dispensed
shall be three  dollars  and  for  each  brand  name  prescription  drug
dispensed shall be six dollars AND THE PAYMENT OF SUCH CO-PAYMENTS SHALL
BE MANDATORY AT THE POINT OF SALE IN PHARMACIES;
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law, provided, however, that the amendments to
subparagraph (iii) of paragraph (c) of subdivision 6 of section 367-a of
the social services law made by section one of this act shall not affect
the repeal of such paragraph and shall be deemed to repeal therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07805-01-3

Co-Sponsors

S2786A (ACTIVE) - Bill Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §367-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4749

S2786A (ACTIVE) - Bill Texts

view summary

Requires the collection of prescription drug co-payments at the point of sale in pharmacies.

view sponsor memo
BILL NUMBER:S2786A

TITLE OF BILL: An act to amend the social services law, in relation
to the collection of prescription drug co-payments

PURPOSE: To require patients to pay co-payments for prescription
drugs at the point-of-sale under Medicaid.

SUMMARY OF PROVISIONS:

Section 1- Amends section 367-a of the Social Services law to require
the payment of prescription drug co-payments under Medicaid.

Section 2- Effective date.

JUSTIFICATION: Co-payments for prescription drugs in the State
Medicaid program were implemented in New York State in 1995. It is the
current policy that Medicaid and beneficiaries cannot be denied
services if they refuse to pay their co-payments at the point-of-sale.
As a result, pharmacies in the State of New York have experienced
serious financial losses through the inability to collect the
co-payments of $1 for generics and $3 for brand name drugs under
Medicaid. Survey data has found that the statewide average of
uncollectible co-payments is 50%, and the rate is even higher in New
York City with some pharmacies experiencing uncollectible co-payments
of 90%.

Unlike other providers which receive funding from bad debt and charity
pools, pharmacies cannot write off their bad debt and do not receive
state assistance to make up for these losses. Uncollectible
co-payments come directly out of the pockets of community pharmacies.
Pharmacies have also recently experienced significant reductions in
reimbursement under Medicaid and are currently paid one of the lowest
rates in the country. This hardship is exacerbated by the losses
incurred through uncollectible co-payments in the program. This
situation is inequitable and also jeopardizes access to pharmacy
services for all New Yorkers.

Recently, the pharmacy benefit under Medicaid was changed and will now
be administered by private managed care plans for the majority of
beneficiaries. However, the co-payments remain the same as does the
policy regarding pharmacy collection. This means that pharmacies will
continue to lose on average 50% of co-payments for the prescription
drugs filled for approximately four million New Yorkers.

This inequity would be addressed through this legislation by requiring
Medicaid beneficiaries to pay their co-payments to pharmacies at the
point-of-sale when filling their prescriptions.

LEGISLATIVE HISTORY: S.4749A/A.7727 of 2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect one hundred and eighty
days after it shall become law.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2786--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. DeFRANCISCO, GOLDEN, LARKIN, RANZENHOFER, RITCHIE --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the social services law, in relation to the collection
  of prescription drug co-payments

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

  Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 6 of
section 367-a of the social services law, as amended  by  section  9  of
part C of chapter 60 of the laws of 2014, is amended to read as follows:
  (iii)  Notwithstanding  any  other  provision  of  this paragraph, co-
payments charged for each generic prescription drug dispensed  shall  be
one  dollar and for each brand name prescription drug dispensed shall be
three dollars; provided, however, that the co-payments charged for  each
brand  name  prescription  drug  on  the preferred drug list established
pursuant to section two hundred seventy-two of the public health law or,
for managed care providers operating pursuant to section  three  hundred
sixty-four-j  of  this title, for each brand name prescription drug on a
managed care provider's formulary that such provider has designated as a
preferred  drug,  and  the  co-payments  charged  for  each  brand  name
prescription  drug reimbursed pursuant to subparagraph (ii) of paragraph
(a-1) of subdivision four of section three hundred sixty-five-a of  this
title  shall  be  one dollar.   THE PAYMENT OF SUCH CO-PAYMENTS SHALL BE
MANDATORY AT THE POINT OF SALE IN PHARMACIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that  the  amendments  to
subparagraph (iii) of paragraph (c) of subdivision 6 of section 367-a of
the social services law made by section one of this act shall not affect
the repeal of such paragraph and shall be deemed to repeal therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07805-02-4

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