senate Bill S5851

2013-2014 Legislative Session

Relates to the purchase of fertility drugs through mail order pharmacies

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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jun 18, 2013 referred to rules

Co-Sponsors

S5851 - Details

See Assembly Version of this Bill:
A8099
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L

S5851 - Summary

Relates to the purchase of fertility drugs through mail order pharmacies.

S5851 - Sponsor Memo

S5851 - Bill Text download pdf

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

                                  5851

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the insurance  law,  in  relation  to  the  purchase  of
  fertility drugs through mail order pharmacies

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

  Section 1. Paragraph 13-a of subsection (i) of  section  3216  of  the
insurance  law, as amended by chapter 10 of the laws of 2012, is amended
to read as follows:
  (13-a) Every policy that provides coverage for prescription  fertility
drugs and requires or permits prescription drugs to be purchased through
a  network  participating  mail order or other non-retail pharmacy shall
provide the same coverage for prescription  fertility  drugs  when  such
drugs  are  purchased from a network participating non-mail order retail
pharmacy provided that the network participating non-mail  order  retail
pharmacy  agrees  in advance through a contractual network agreement, to
the same reimbursement amount, [as well as the same applicable terms and
conditions,] that the insurer has established for a network  participat-
ing  mail  order  or other non-retail pharmacy.  PROVIDED, HOWEVER, THAT
THE TERMS AND CONDITIONS OF SUCH AGREEMENT  SHALL  NOT  BE  INCONSISTENT
WITH  THE  TERMS  AND  CONDITIONS OF AGREEMENTS MADE BY THE INSURER WITH
NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY  PROVIDERS
FOR  THE  FIVE YEAR PERIOD PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND THIRTEEN WHICH  AMENDED  THIS  PARAGRAPH.  THIS
PARAGRAPH SHALL NOT BE CONSTRUED AS PROHIBITING THE UPDATING OF POLICIES
AND  PROCEDURES  (A)  AS THEY RELATE TO NEW PRODUCTS ENTERING THE MARKET
THAT ARE DISTRIBUTED BY THE MAIL ORDER, OTHER NON-RETAIL,  AND  NON-MAIL
ORDER  RETAIL  PHARMACIES,  (B)  AS  NECESSARY  TO  COMPLY  WITH UPDATED
MANUFACTURER GUIDELINES,  OR  UPDATED  MEDICAL  GUIDELINES,  OR  (C)  AS
REQUIRED  BY  STATE  OR  FEDERAL LAW. In such case, the policy shall not
impose any fee, co-payment, co-insurance, deductible or other  condition

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11574-02-3

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