Assembly Bill A8099

2013-2014 Legislative Session

Relates to the purchase of fertility drugs through mail order pharmacies

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2013-A8099 (ACTIVE) - Details

See Senate Version of this Bill:
S5851
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L

2013-A8099 (ACTIVE) - Summary

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

2013-A8099 (ACTIVE) - Bill Text download pdf

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

                                  8099

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced by M. of A. SILVER -- read once and referred to the Committee
  on Insurance

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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