senate Bill S6962A

Vetoed By Governor
2015-2016 Legislative Session

Limits the substitution of abuse-deterrent analgesic opioid drug products for analgesic opioids lacking such technology

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 28, 2016 vetoed memo.283
Nov 16, 2016 delivered to governor
Jun 16, 2016 returned to senate
passed assembly
ordered to third reading rules cal.461
substituted for a10478
May 17, 2016 referred to insurance
delivered to assembly
passed senate
May 16, 2016 ordered to third reading cal.851
committee discharged and committed to rules
May 11, 2016 print number 6962a
May 11, 2016 amend (t) and recommit to health
Mar 10, 2016 referred to health

Co-Sponsors

view additional co-sponsors

S6962 - Details

See Assembly Version of this Bill:
A10478
Law Section:
Insurance Law
Laws Affected:
Add §3216-a, Ins L

S6962 - Summary

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse.

S6962 - Sponsor Memo

S6962 - Bill Text download pdf

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

                                  6962

                            I N  S E N A T E

                             March 10, 2016
                               ___________

Introduced  by  Sens.  HANNON,  AMEDORE,  BOYLE,  CROCI, GOLDEN, LARKIN,
  MARTINS, MURPHY, ORTT -- read twice  and  ordered  printed,  and  when
  printed to be committed 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

view additional co-sponsors

S6962A (ACTIVE) - Details

See Assembly Version of this Bill:
A10478
Law Section:
Insurance Law
Laws Affected:
Add §3216-a, Ins L

S6962A (ACTIVE) - Summary

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse.

S6962A (ACTIVE) - Sponsor Memo

S6962A (ACTIVE) - Bill Text download pdf

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

                                 6962--A

                            I N  S E N A T E

                             March 10, 2016
                               ___________

Introduced  by  Sens.  HANNON,  AKSHAR,  AMEDORE,  BOYLE, CROCI, GOLDEN,
  LARKIN, LATIMER, MARTINS, MURPHY,  ORTT  --  read  twice  and  ordered
  printed,  and  when printed to be committed 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.

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