Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 27, 2016 |
amend by restoring to original print 9487 |
May 09, 2016 |
amend (t) and recommit to health |
Mar 10, 2016 |
referred to health |
May 09, 2016 |
print number 9487a |
Assembly Bill A9487
2015-2016 Legislative Session
Sponsored By
CUSICK
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
Actions
Bill Amendments
co-Sponsors
Michael Simanowitz
Anthony Brindisi
Crystal Peoples-Stokes
multi-Sponsors
Donna Lupardo
2015-A9487 (ACTIVE) - Details
- Current Committee:
- Assembly Health
- Law Section:
- Insurance Law
- Laws Affected:
- Add §§3340 & 3216-a, Ins L
2015-A9487 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9487 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. LUPARDO -- read once and referred to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to the use of abuse-deterrent technology for opioids as a mechanism for reducing abuse and diversion of opioid drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 3340 to read as follows: S 3340. SUBSTITUTION OF OPIOIDS WITH ABUSE-DETERRENT TECHNOLOGY. 1. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED SIXTEEN-A OF THE EDUCATION LAW, NO PHARMACIST SHALL INTERCHANGE OR SUBSTITUTE AN ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCT, BRAND OR GENERIC, WITH AN OPIOID ANALGESIC DRUG PRODUCT LACKING ABUSE-DETERRENT PROPERTIES WHEN THE PRESCRIBER WRITES OR ELECTRONICALLY NOTATES "DISPENSE AS WRITTEN" OR "DAW" ON THE PRESCRIPTION, WITHOUT OBTAINING A NEW PRESCRIPTION FOR A NON-ABUSE DETERRENT OPIOID DRUG FROM THE PRESCRI- BER. ANY SUBSTITUTABLE OPIOID DRUG PRODUCT SHALL CONTAIN THE SAME OPIOID ACTIVE PHARMACEUTICAL INGREDIENT AND THE SAME DRUG RELEASE CHARACTER- ISTICS WITH REGARD TO IMMEDIATE RELEASE, OR EXTENDED RELEASE LONG ACTING PROPERTIES. A DETERMINATION OF INTERCHANGEABILITY BETWEEN TWO ABUSE-DET- ERRENT OPIOID ANALGESIC DRUG PRODUCTS SHALL NOT REQUIRE THAT BOTH PRODUCTS INCORPORATE THE SAME METHODS OF ABUSE-DETERRENCE, BUT THAT THE OPIOID DRUG PRODUCTS HAVE THE SAME LEVEL OF FDA-APPROVED ABUSE DETER- RENCE LABELING CLAIMS. (B) THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SECTION SHALL NOT APPLY TO A PHARMACIST DISPENSING MEDICATION IN THE INPATIENT HOSPITAL SETTING WHEN THE PRESCRIBED MEDICATION WILL BE ADMINISTERED TO THE PATIENT BY AN EMPLOYEE OF THE HOSPITAL. 2. DEFINITIONS. AS USED IN THIS SECTION: (A) "OPIOID ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE OPIOID ANAL- GESIC DRUG CLASS PRESCRIBED TO TREAT MODERATE TO SEVERE PAIN OR OTHER CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED RELEASE LONG ACTING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Michael Simanowitz
Anthony Brindisi
Crystal Peoples-Stokes
multi-Sponsors
Donna Lupardo
2015-A9487A - Details
- Current Committee:
- Assembly Health
- Law Section:
- Insurance Law
- Laws Affected:
- Add §§3340 & 3216-a, Ins L
2015-A9487A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9487--A I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. LUPARDO -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to the use of abuse-det- errent technology for opioids as a mechanism for reducing abuse and diversion of opioid drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The insurance law is amended by adding a new section 3216-a to read as follows: S 3216-A. ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR- ANCE CARRIER OR HEALTH PLAN SHALL PROVIDE COVERAGE ON ITS FORMULARY, DRUG LIST OR OTHER LISTS OF SIMILAR CONSTRUCT FOR AT LEAST ONE ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCT PER OPIOID ANALGESIC ACTIVE INGREDIENT. (1) COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT EXCEED THE LOWEST COST-SHARING LEVEL APPLIED TO BRAND NAME NON-ABUSE DETERRENT OPIOID DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY. (2) COST-SHARING FOR GENERIC ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT EXCEED THE LOWEST COST-SHARING LEVEL APPLIED TO GENERIC NON-ABUSE DETERRENT OPIOID DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY. (3) AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR PRESCRI- BERS OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH THIS SECTION. (B) ANY PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER UTILIZATION REVIEW MEASURES FOR OPIOID ANALGESICS, AND ANY SERVICE DENIALS MADE PURSUANT THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT ABUSE-DETERRENT PROPERTIES IN ORDER TO ACCESS ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCTS. (C) DEFINITIONS. AS USED IN THIS SECTION: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14477-02-6
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