S T A T E O F N E W Y O R K
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8601
2015-2016 Regular Sessions
I N A S S E M B L Y
December 2, 2015
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Introduced by M. of A. McDONALD, CUSICK -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to limiting the
initial prescription of a controlled substance for the alleviation of
acute pain to between a three to ten day supply; and to amend the
insurance law, in relation to coverage of such prescriptions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 3331 of the public health law, as
amended by chapter 965 of the laws of 1974, is amended to read as
follows:
5. (A) No more than a thirty day supply or, pursuant to regulations of
the commissioner enumerating conditions warranting specified greater
supplies, no more than a three month supply of a schedule II, III or IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL OPINION OR DISCRETION, MAY DISPENSE OR PRESCRIBE NO MORE THAN
BETWEEN A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN. THEREAFTER, THE DISPENSING AND PRESCRIBING
OF THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "ACUTE PAIN" MEANS PAIN,
WHETHER ACCIDENTAL OR INTENTIONAL, THAT LASTS ONLY A SHORT OR FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.
S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 32 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03975-02-5
A. 8601 2
(32) NO POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAY-
MENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS
PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN
ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION
THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL
COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A PRESCRIPTION
DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSUANT TO SUCH
PARAGRAPH.
S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
(20) NO GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH
PROVIDES FOR COPAYMENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF
HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH SUBDIVISION. THIS
LIMITATION SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
S 4. Section 4303 of the insurance law is amended by adding a new
subsection (pp) to read as follows:
(PP) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION OR HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B)
OF SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION. THIS LIMITATION SHALL APPLY ONLY TO THE AMOUNT OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.