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

                                  2280

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, COLTON, JAFFEE, BROOK-KRASNY, GALEF,
  PERRY  -- Multi-Sponsored by -- M. of A. ABBATE, GUNTHER, LOPEZ, McDO-
  NOUGH, PAULIN, TITONE -- read once and referred to  the  Committee  on
  Aging

AN  ACT  to  amend the elder law, in relation to creating the pharmaceu-
  tical local choice program

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

  Section 1. Article 2 of the elder law is amended by adding a new title
5 to read as follows:
                                  TITLE 5
                        MISCELLANEOUS PROVISIONS

SECTION 260. PHARMACEUTICAL LOCAL CHOICE PROGRAM.
  S 260. PHARMACEUTICAL  LOCAL  CHOICE  PROGRAM. 1. ANY PROVISION OF ANY
OTHER LAW TO THE CONTRARY NOTWITHSTANDING, EVERY HEALTH INSURANCE POLICY
WHICH PROVIDES COVERAGE TO ANY PERSON SIXTY YEARS OF AGE  OR  OLDER  FOR
PRESCRIBED  DRUGS  THAT  INCLUDES  A  REQUIREMENT  THAT  INSUREDS OBTAIN
PRESCRIPTION DRUGS FROM A  NON-RESIDENT  ESTABLISHMENT,  AS  DEFINED  IN
SECTION  SIXTY-EIGHT  HUNDRED  EIGHT-B OF THE EDUCATION LAW, SHALL ADDI-
TIONALLY PROVIDE THAT AN INSURED MAY OBTAIN SUCH PRESCRIPTION  DRUGS  IN
THE  QUANTITY  ALLOWED BY LAW AS ORDERED BY A PRESCRIBER LEGALLY AUTHOR-
IZED TO WRITE A PRESCRIPTION, IN ANY THERAPEUTIC  CATEGORY  OR  FOR  ANY
MEDICAL  CONDITION  WITHOUT ANY FINANCIAL DISINCENTIVE OR PENALTY FROM A
PHARMACY REGISTERED WITH THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION
SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW WHICH, INSOFAR AS REASON-
ABLE, SHALL BE LOCATED AND ACCESSIBLE IN  THE  LOCAL  COMMUNITY  OF  THE
INSURED  AND  WHICH  SHALL  BE  A  PHARMACY  UNDER  CONTRACT  TO PROVIDE
PRESCRIPTION DRUGS FOR THE INSURED.  FOR PURPOSES OF THIS  SECTION,  THE
TERM  "HEALTH  INSURANCE  POLICY"  SHALL  MEAN AND INCLUDE ANY POLICY OF
ACCIDENT AND HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY  IN  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06629-01-5
              

A. 2280                             2

STATE,  AS  DESCRIBED  IN  SUBSECTION  (I) OF SECTION THREE THOUSAND TWO
HUNDRED SIXTEEN OF THE INSURANCE LAW, TO ANY PERSON SIXTY YEARS  OF  AGE
OR  OLDER AND ANY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
ERY  IN  THIS  STATE, AS DESCRIBED IN SECTION THREE THOUSAND TWO HUNDRED
TWENTY-ONE OF THE INSURANCE LAW TO ANY PERSON  SIXTY  YEARS  OF  AGE  OR
OLDER.
  2.  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS SECTION (A) SHALL NOT
APPLY TO HEALTH INSURANCE POLICIES THE PROVISIONS OF WHICH  ARE  SUBJECT
TO  COLLECTIVE  BARGAINING  AGREEMENTS WHICH ARE IN CONTRADICTION TO THE
REQUIREMENTS OF SUCH SUBDIVISION OR WHICH ARE PREEMPTED BY  ANY  FEDERAL
LAW,  RULE  OR  OTHER  REGULATION;  (B) SHALL ONLY APPLY TO POLICIES AND
CONTRACTS ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED ON OR AFTER  THE
EFFECTIVE  DATE OF THIS SECTION; AND (C) SHALL NOT IMPOSE OR REQUIRE ANY
OTHER DIFFERENCES IN TREATMENT FOR THE USE OF SUCH LOCAL  PHARMACY  WITH
RESPECT TO CO-PAYMENTS OR QUANTITY LIMITATIONS OR OTHER SIMILAR PAYMENTS
OR LIMITATIONS.
  S 2. This act shall take effect July 1, 2015.