LBD12080-01-6
S. 8139 2
1 of part D of chapter 447 of the laws of 2012, and subdivisions 3 and 4
as amended by section 2 of part D of chapter 447 of the laws of 2012, is
amended to read as follows:
S 3309-a. Prescription pain medication awareness program. 1. There is
hereby established within the department a prescription pain medication
awareness program to educate the public and health care practitioners
about the risks associated with prescribing and taking controlled
substance pain medications.
2. Within the amounts appropriated, the commissioner, in consultation
with the commissioner of the office of alcoholism and substance abuse
services, shall[:
(a) Develop] DEVELOP and conduct a public health education media
campaign designed to alert youth, parents and the general population
about the risks associated with prescription pain medications and the
need to properly dispose of any unused medication. In developing this
campaign, the commissioner shall consult with and use information
provided by the work group established pursuant to subdivision [(b)]
FOUR of this section and other relevant professional organizations. The
campaign shall include an internet website providing information for
parents, children and health care professionals on the risks associated
with taking opioids and resources available to those needing assistance
with prescription pain medication addiction. Such website shall also
provide information regarding where individuals may properly dispose of
controlled substances in their community and include active links to
further information and resources. The campaign shall begin no later
than September first, two thousand twelve.
3. COURSE WORK OR TRAINING IN PAIN MANAGEMENT, PALLIATIVE CARE AND
ADDICTION. (A) EVERY PERSON LICENSED UNDER TITLE EIGHT OF THE EDUCATION
LAW TO TREAT HUMANS, REGISTERED UNDER THE FEDERAL CONTROLLED SUBSTANCES
ACT AND IN POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT
ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE OR ITS SUCCESSOR
AGENCY, AND EVERY MEDICAL RESIDENT WHO IS PRESCRIBING UNDER A FACILITY
REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINISTRATION, UNITED
STATES DEPARTMENT OF JUSTICE OR ITS SUCCESSOR AGENCY, SHALL, ON OR
BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN AND ONCE WITHIN EACH THREE
YEAR PERIOD THEREAFTER, COMPLETE THREE HOURS OF COURSE WORK OR TRAINING
IN PAIN MANAGEMENT, PALLIATIVE CARE, AND ADDICTION APPROVED BY THE
DEPARTMENT.
(b) EVERY PERSON LICENSED ON OR AFTER JULY FIRST, TWO THOUSAND SEVEN-
TEEN UNDER TITLE EIGHT OF THE EDUCATION LAW TO TREAT HUMANS, REGISTERED
UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT AND IN POSSESSION OF A
REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINISTRATION, UNITED
STATES DEPARTMENT OF JUSTICE OR ITS SUCCESSOR AGENCY, AND EVERY MEDICAL
RESIDENT WHO BEGINS PRESCRIBING UNDER A FACILITY REGISTRATION NUMBER
FROM THE DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF
JUSTICE OR ITS SUCCESSOR AGENCY ON OR AFTER JULY FIRST, TWO THOUSAND
SEVENTEEN, SHALL COMPLETE SUCH COURSE WORK OR TRAINING WITHIN ONE YEAR
OF SUCH REGISTRATION AND ONCE WITHIN EACH THREE YEAR PERIOD THEREAFTER.
(C) THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION
AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, SHALL ESTAB-
LISH STANDARDS AND REVIEW AND APPROVE COURSE WORK OR TRAINING IN PAIN
MANAGEMENT, PALLIATIVE CARE, AND ADDICTION AND SHALL PUBLISH INFORMATION
RELATED TO SUCH STANDARDS, COURSE WORK OR TRAINING ON THE DEPARTMENT'S
WEBSITE.
(D) EXISTING COURSE WORK OR TRAINING, INCLUDING COURSE WORK OR TRAIN-
ING DEVELOPED BY A NATIONALLY RECOGNIZED HEALTH CARE PROFESSIONAL,
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SPECIALTY, OR PROVIDER ASSOCIATION, OR NATIONALLY RECOGNIZED PAIN
MANAGEMENT ASSOCIATION, MAY BE CONSIDERED IN IMPLEMENTING THIS SUBDIVI-
SION.
(E) NOTHING SHALL PRECLUDE COURSE WORK OR TRAINING THAT MEETS THE
REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION FROM COUNTING TOWARD
THIS REQUIREMENT IF TAKEN ONLINE.
(F) COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO:
STATE AND FEDERAL REQUIREMENTS FOR PRESCRIBING CONTROLLED SUBSTANCES;
PAIN MANAGEMENT; APPROPRIATE PRESCRIBING; MANAGING ACUTE PAIN; PALLIA-
TIVE MEDICINE; PREVENTION, SCREENING AND SIGNS OF ADDICTION; RESPONSES
TO ABUSE AND ADDICTION; AND END OF LIFE CARE.
(G) EACH LICENSED PERSON REQUIRED BY THIS SUBDIVISION TO COMPLETE
COURSE WORK OR TRAINING SHALL DOCUMENT TO THE DEPARTMENT BY ATTESTATION
ON A FORM PRESCRIBED BY THE COMMISSIONER THAT SUCH LICENSED PERSON HAS
COMPLETED THE COURSE WORK OR TRAINING REQUIRED BY THIS SUBDIVISION. FOR
MEDICAL RESIDENTS WHO ARE PRESCRIBING UNDER A FACILITY REGISTRATION
NUMBER FROM THE DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPART-
MENT OF JUSTICE OR ITS SUCCESSOR AGENCY, SUCH ATTESTATION SHALL BE MADE
BY THE FACILITY.
(H) THE DEPARTMENT SHALL INSTITUTE A PROCEDURE FOR APPLICATION FOR AN
EXEMPTION FROM SAID REQUIREMENT. THE DEPARTMENT MAY PROVIDE AN EXEMPTION
FROM THE COURSE WORK AND TRAINING REQUIRED BY THIS SUBDIVISION TO ANY
SUCH LICENSED PERSON WHO: (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S
SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH
COURSE WORK OR TRAINING; OR (II) THAT HE OR SHE HAS COMPLETED COURSE
WORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE
WORK OR TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SUBDIVI-
SION.
(I) NOTHING HEREIN SHALL PRECLUDE SUCH COURSE WORK OR TRAINING IN PAIN
MANAGEMENT, PALLIATIVE CARE, AND ADDICTION FROM COUNTING TOWARD CONTINU-
ING EDUCATION REQUIREMENTS UNDER TITLE EIGHT OF THE EDUCATION LAW TO THE
EXTENT PROVIDED IN THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
(J) NOTHING HEREIN SHALL PRECLUDE SUCH COURSE WORK OR TRAINING IN PAIN
MANAGEMENT, PALLIATIVE CARE, AND ADDICTION FROM COUNTING TOWARD CONTINU-
ING EDUCATION REQUIREMENTS OF A NATIONALLY ACCREDITED MEDICAL BOARD TO
THE EXTENT ACCEPTABLE TO SUCH BOARD.
4. Establish a work group, no later than June first, two thousand
twelve, which shall be composed of experts in the fields of palliative
and chronic care pain management and addiction medicine. Members of the
work group shall receive no compensation for their services, but shall
be allowed actual and necessary expenses in the performance of their
duties pursuant to this section. The work group shall:
[(i)] (A) Report to the commissioner regarding the development of
recommendations and model courses for continuing medical education,
refresher courses and other training materials for licensed health care
professionals on appropriate use of prescription pain medication. Such
recommendations, model courses and other training materials shall be
submitted to the commissioner, who shall make such information available
for the use in medical education, residency programs, fellowship
programs, and for use in continuing medication education programs no
later than January first, two thousand thirteen. Such recommendations
also shall include recommendations on: [(A)] (I) educational and contin-
uing medical education requirements for practitioners appropriate to
address prescription pain medication awareness among health care profes-
sionals; [(B)] (II) continuing education requirements for pharmacists
related to prescription pain medication awareness; and [(C)] (III)
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continuing education in palliative care as it relates to pain manage-
ment, for which purpose the work group shall consult the New York state
palliative care education and training council;
[(ii)] (B) No later than January first, two thousand thirteen, provide
outreach and assistance to health care professional organizations to
encourage and facilitate continuing medical education training programs
for their members regarding appropriate prescribing practices for the
best patient care and the risks associated with overprescribing and
underprescribing pain medication;
[(iii)] (C) Provide information to the commissioner for use in the
development and continued update of the public awareness campaign,
including information, resources, and active web links that should be
included on the website; and
[(iv)] (D) Consider other issues deemed relevant by the commissioner,
including how to protect and promote the access of patients with a
legitimate need for controlled substances, particularly medications
needed for pain management by oncology patients, and whether and how to
encourage or require the use or substitution of opioid drugs that employ
tamper-resistance technology as a mechanism for reducing abuse and
diversion of opioid drugs.
[3.] 5. On or before September first, two thousand twelve, the commis-
sioner, in consultation with the commissioner of the office of alcohol-
ism and substance abuse services, the commissioner of education, and the
executive secretary of the state board of pharmacy, shall add to the
workgroup such additional members as appropriate so that the workgroup
may provide guidance in furtherance of the implementation of the I-STOP
act. For such purposes, the workgroup shall include but not be limited
to consumer advisory organizations, health care practitioners and
providers, oncologists, addiction treatment providers, practitioners
with experience in pain management, pharmacists and pharmacies, and
representatives of law enforcement agencies.
[4.] 6. The commissioner shall report to the governor, the temporary
president of the senate and the speaker of the assembly no later than
March first, two thousand thirteen, and annually thereafter, on the work
group's findings. The report shall include information on opioid over-
dose deaths, emergency room utilization for the treatment of opioid
overdose, the utilization of pre-hospital addiction services and recom-
mendations to reduce opioid addiction and the consequences thereof.
[The report shall also include a recommendation as to whether subdivi-
sion two of section thirty-three hundred forty-three-a of this article
should be amended to require practitioners prescribing or dispensing
certain identified schedule V controlled substances to comply with the
consultation requirements of such subdivision.]
S 2. This act shall take effective immediately.
PART B
Section 1. Paragraph 30 of subsection (i) of section 3216 of the
insurance law, as added by chapter 41 of the laws of 2014, is amended to
read as follows:
(30)(A) Every policy that provides hospital, major medical or similar
comprehensive coverage must provide inpatient coverage for the diagnosis
and treatment of substance use disorder, including detoxification and
rehabilitation services. Such INPATIENT COVERAGE SHALL INCLUDE UNLIMITED
MEDICALLY NECESSARY TREATMENT FOR SUBSTANCE USE DISORDER TREATMENT
SERVICES PROVIDED IN RESIDENTIAL SETTINGS AS REQUIRED BY THE MENTAL
S. 8139 5
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. S 1185A).
FURTHER, SUCH INPATIENT coverage shall not apply financial requirements
or treatment limitations, INCLUDING UTILIZATION REVIEW REQUIREMENTS, to
inpatient substance use disorder benefits that are more restrictive than
the predominant financial requirements and treatment limitations applied
to substantially all medical and surgical benefits covered by the poli-
cy. Further, such coverage shall be provided consistent with the feder-
al Paul Wellstone and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008 (29 U.S.C. S 1185a).
(B) Coverage provided under this paragraph may be limited to facili-
ties in New York state which are certified by the office of alcoholism
and substance abuse services and, in other states, to those which are
accredited by the joint commission as alcoholism, substance abuse, or
chemical dependence treatment programs.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(D) THIS SUBPARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTI-
FIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES THAT ARE
PARTICIPATING IN THE INSURER'S PROVIDER NETWORK. COVERAGE PROVIDED UNDER
THIS PARAGRAPH SHALL NOT BE SUBJECT TO PREAUTHORIZATION. COVERAGE
PROVIDED UNDER THIS PARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
UTILIZATION REVIEW DURING THE FIRST FOURTEEN DAYS OF THE INPATIENT
ADMISSION PROVIDED THAT THE FACILITY NOTIFIES THE INSURER OF BOTH THE
ADMISSION AND THE INITIAL TREATMENT PLAN WITHIN FORTY-EIGHT HOURS OF THE
ADMISSION. THE FACILITY SHALL PERFORM DAILY CLINICAL REVIEW OF THE
PATIENT, INCLUDING THE PERIODIC CONSULTATION WITH THE INSURER TO ENSURE
THAT THE FACILITY IS USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL
REVIEW TOOL UTILIZED BY THE INSURER WHICH IS DESIGNATED BY THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND APPROPRIATE TO THE AGE OF
THE PATIENT, TO ENSURE THAT THE INPATIENT TREATMENT IS MEDICALLY NECES-
SARY FOR THE PATIENT. ANY UTILIZATION REVIEW OF TREATMENT PROVIDED UNDER
THIS SUBPARAGRAPH MAY INCLUDE A REVIEW OF ALL SERVICES PROVIDED DURING
SUCH INPATIENT TREATMENT, INCLUDING ALL SERVICES PROVIDED DURING THE
FIRST FOURTEEN DAYS OF SUCH INPATIENT TREATMENT. PROVIDED, HOWEVER, THE
INSURER SHALL ONLY DENY COVERAGE FOR ANY PORTION OF THE INITIAL FOURTEEN
DAY INPATIENT TREATMENT ON THE BASIS THAT SUCH TREATMENT WAS NOT
MEDICALLY NECESSARY IF SUCH INPATIENT TREATMENT WAS CONTRARY TO THE
EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL UTILIZED BY THE
INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. AN INSURED SHALL NOT HAVE ANY FINANCIAL OBLIGATION TO
THE FACILITY FOR ANY TREATMENT UNDER THIS SUBPARAGRAPH OTHER THAN ANY
COPAYMENT, COINSURANCE, OR DEDUCTIBLE OTHERWISE REQUIRED UNDER THE POLI-
CY.
S 2. Paragraph 6 of subsection (l) of section 3221 of the insurance
law, as amended by chapter 41 of the laws of 2014, is amended to read as
follows:
(6) (A) Every policy that provides hospital, major medical or similar
comprehensive coverage must provide inpatient coverage for the diagnosis
and treatment of substance use disorder, including detoxification and
rehabilitation services. Such INPATIENT COVERAGE SHALL INCLUDE UNLIMITED
MEDICALLY NECESSARY TREATMENT FOR SUBSTANCE USE DISORDER TREATMENT
SERVICES PROVIDED IN RESIDENTIAL SETTINGS AS REQUIRED BY THE MENTAL
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. S 1185A).
FURTHER, SUCH INPATIENT coverage shall not apply financial requirements
S. 8139 6
or treatment limitations, INCLUDING UTILIZATION REVIEW REQUIREMENTS, to
inpatient substance use disorder benefits that are more restrictive than
the predominant financial requirements and treatment limitations applied
to substantially all medical and surgical benefits covered by the poli-
cy. Further, such coverage shall be provided consistent with the feder-
al Paul Wellstone and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008 (29 U.S.C. S 1185a).
(B) Coverage provided under this paragraph may be limited to facili-
ties in New York state which are certified by the office of alcoholism
and substance abuse services and, in other states, to those which are
accredited by the joint commission as alcoholism, substance abuse or
chemical dependence treatment programs.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(D) THIS SUBPARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTI-
FIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES THAT ARE
PARTICIPATING IN THE INSURER'S PROVIDER NETWORK. COVERAGE PROVIDED UNDER
THIS PARAGRAPH SHALL NOT BE SUBJECT TO PREAUTHORIZATION. COVERAGE
PROVIDED UNDER THIS PARAGRAPH SHALL ALSO NOT BE SUBJECT TO CONCURRENT
UTILIZATION REVIEW DURING THE FIRST FOURTEEN DAYS OF THE INPATIENT
ADMISSION PROVIDED THAT THE FACILITY NOTIFIES THE INSURER OF BOTH THE
ADMISSION AND THE INITIAL TREATMENT PLAN WITHIN FORTY-EIGHT HOURS OF THE
ADMISSION. THE FACILITY SHALL PERFORM DAILY CLINICAL REVIEW OF THE
PATIENT, INCLUDING THE PERIODIC CONSULTATION WITH THE INSURER TO ENSURE
THAT THE FACILITY IS USING THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL
REVIEW TOOL UTILIZED BY THE INSURER WHICH IS DESIGNATED BY THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND APPROPRIATE TO THE AGE OF
THE PATIENT, TO ENSURE THAT THE INPATIENT TREATMENT IS MEDICALLY NECES-
SARY FOR THE PATIENT. ANY UTILIZATION REVIEW OF TREATMENT PROVIDED UNDER
THIS SUBPARAGRAPH MAY INCLUDE A REVIEW OF ALL SERVICES PROVIDED DURING
SUCH INPATIENT TREATMENT, INCLUDING ALL SERVICES PROVIDED DURING THE
FIRST FOURTEEN DAYS OF SUCH INPATIENT TREATMENT. PROVIDED, HOWEVER, THE
INSURER SHALL ONLY DENY COVERAGE FOR ANY PORTION OF THE INITIAL FOURTEEN
DAY INPATIENT TREATMENT ON THE BASIS THAT SUCH TREATMENT WAS NOT
MEDICALLY NECESSARY IF SUCH INPATIENT TREATMENT WAS CONTRARY TO THE
EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL UTILIZED BY THE
INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. AN INSURED SHALL NOT HAVE ANY FINANCIAL OBLIGATION TO
THE FACILITY FOR ANY TREATMENT UNDER THIS SUBPARAGRAPH OTHER THAN ANY
COPAYMENT, COINSURANCE, OR DEDUCTIBLE OTHERWISE REQUIRED UNDER THE POLI-
CY.
S 3. Subsection (k) of section 4303 of the insurance law, as amended
by chapter 41 of the laws of 2014, is amended to read as follows:
(k)(1) Every contract that provides hospital, major medical or similar
comprehensive coverage must provide inpatient coverage for the diagnosis
and treatment of substance use disorder, including detoxification and
rehabilitation services. Such INPATIENT COVERAGE SHALL INCLUDE UNLIMIT-
ED MEDICALLY NECESSARY TREATMENT FOR SUBSTANCE USE DISORDER TREATMENT
SERVICES PROVIDED IN RESIDENTIAL SETTINGS AS REQUIRED BY THE MENTAL
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. S 1185A).
FURTHER, SUCH INPATIENT coverage shall not apply financial requirements
or treatment limitations, INCLUDING UTILIZATION REVIEW REQUIREMENTS, to
inpatient substance use disorder benefits that are more restrictive than
the predominant financial requirements and treatment limitations applied
S. 8139 7
to substantially all medical and surgical benefits covered by the
contract. Further, such coverage shall be provided consistent with the
federal Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008 (29 U.S.C. S 1185a).
(2) Coverage provided under this subsection may be limited to facili-
ties in New York state which are certified by the office of alcoholism
and substance abuse services and, in other states, to those which are
accredited by the joint commission as alcoholism, substance abuse, or
chemical dependence treatment programs.
(3) Coverage provided under this subsection may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given contract.
(4) THIS PARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTIFIED
BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES THAT ARE
PARTICIPATING IN THE CORPORATION'S PROVIDER NETWORK. COVERAGE PROVIDED
UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO PREAUTHORIZATION. COVERAGE
PROVIDED UNDER THIS SUBSECTION SHALL ALSO NOT BE SUBJECT TO CONCURRENT
UTILIZATION REVIEW DURING THE FIRST FOURTEEN DAYS OF THE INPATIENT
ADMISSION PROVIDED THAT THE FACILITY NOTIFIES THE CORPORATION OF BOTH
THE ADMISSION AND THE INITIAL TREATMENT PLAN WITHIN FORTY-EIGHT HOURS OF
THE ADMISSION. THE FACILITY SHALL PERFORM DAILY CLINICAL REVIEW OF THE
PATIENT, INCLUDING THE PERIODIC CONSULTATION WITH THE CORPORATION TO
ENSURE THAT THE FACILITY IS USING THE EVIDENCE-BASED AND PEER REVIEWED
CLINICAL REVIEW TOOL UTILIZED BY THE CORPORATION WHICH IS DESIGNATED BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND APPROPRIATE TO
THE AGE OF THE PATIENT, TO ENSURE THAT THE INPATIENT TREATMENT IS
MEDICALLY NECESSARY FOR THE PATIENT. ANY UTILIZATION REVIEW OF TREATMENT
PROVIDED UNDER THIS PARAGRAPH MAY INCLUDE A REVIEW OF ALL SERVICES
PROVIDED DURING SUCH INPATIENT TREATMENT, INCLUDING ALL SERVICES
PROVIDED DURING THE FIRST FOURTEEN DAYS OF SUCH INPATIENT TREATMENT.
PROVIDED, HOWEVER, THE CORPORATION SHALL ONLY DENY COVERAGE FOR ANY
PORTION OF THE INITIAL FOURTEEN DAY INPATIENT TREATMENT ON THE BASIS
THAT SUCH TREATMENT WAS NOT MEDICALLY NECESSARY IF SUCH INPATIENT TREAT-
MENT WAS CONTRARY TO THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL
REVIEW TOOL UTILIZED BY THE CORPORATION WHICH IS DESIGNATED BY THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. AN INSURED SHALL NOT
HAVE ANY FINANCIAL OBLIGATION TO THE FACILITY FOR ANY TREATMENT UNDER
THIS PARAGRAPH OTHER THAN ANY COPAYMENT, COINSURANCE, OR DEDUCTIBLE
OTHERWISE REQUIRED UNDER THE CONTRACT.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
policies and contracts issued, renewed, modified, altered or amended on
and after such date.
PART C
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.
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(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPIN-
ION OR DISCRETION, MAY NOT PRESCRIBE MORE THAN A SEVEN-DAY SUPPLY OF ANY
SCHEDULE II, III, OR IV OPIOID TO AN ULTIMATE USER UPON THE INITIAL
CONSULTATION OR TREATMENT OF SUCH USER FOR ACUTE PAIN. UPON ANY SUBSE-
QUENT CONSULTATIONS FOR THE SAME PAIN, THE PRACTITIONER MAY ISSUE, IN
ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION, ANY APPROPRIATE
RENEWAL, REFILL, OR NEW PRESCRIPTION FOR THE OPIOID OR ANY OTHER DRUG.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "ACUTE PAIN" SHALL MEAN
PAIN, WHETHER RESULTING FROM DISEASE, ACCIDENTAL OR INTENTIONAL TRAUMA,
OR OTHER CAUSE, THAT THE PRACTITIONER REASONABLY EXPECTS TO LAST ONLY A
SHORT PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, PAIN
BEING TREATED AS PART OF CANCER CARE, HOSPICE OR OTHER END-OF-LIFE CARE,
OR PAIN BEING TREATED AS PART OF PALLIATIVE CARE PRACTICES.
S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 33 to read as follows:
(33) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE THAT
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SUBJECT TO A COPAYMENT SHALL
CHARGE A COPAYMENT FOR A LIMITED INITIAL PRESCRIPTION OF AN OPIOID DRUG,
WHICH IS PRESCRIBED IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF SECTION THIRTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT IS
EITHER (I) PROPORTIONAL BETWEEN THE COPAYMENT FOR A THIRTY-DAY SUPPLY
AND THE AMOUNT OF DRUGS THE PATIENT WAS PRESCRIBED; OR (II) EQUIVALENT
TO THE COPAYMENT FOR A FULL THIRTY-DAY SUPPLY OF THE OPIOID DRUG,
PROVIDED THAT NO ADDITIONAL COPAYMENTS MAY BE CHARGED FOR ANY ADDITIONAL
PRESCRIPTIONS FOR THE REMAINDER OF THE THIRTY-DAY SUPPLY.
S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
(21) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SUBJECT TO A
COPAYMENT SHALL CHARGE A COPAYMENT FOR A LIMITED INITIAL PRESCRIPTION OF
AN OPIOID DRUG, WHICH IS PRESCRIBED IN ACCORDANCE WITH PARAGRAPH (B) OF
SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED ONE OF THE PUBLIC
HEALTH LAW, THAT IS EITHER (I) PROPORTIONAL BETWEEN THE COPAYMENT FOR A
THIRTY-DAY SUPPLY AND THE AMOUNT OF DRUGS THE PATIENT WAS PRESCRIBED; OR
(II) EQUIVALENT TO THE COPAYMENT FOR A FULL THIRTY-DAY SUPPLY OF THE
OPIOID DRUG, PROVIDED THAT NO ADDITIONAL COPAYMENTS MAY BE CHARGED FOR
ANY ADDITIONAL PRESCRIPTIONS FOR THE REMAINDER OF THE THIRTY-DAY SUPPLY.
S 4. Section 4303 of the insurance law is amended by adding a new
subsection (qq) to read as follows:
(QQ) EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE
CORPORATION OR HEALTH SERVICE CORPORATION THAT PROVIDES COVERAGE FOR
PRESCRIPTION DRUGS SUBJECT TO A COPAYMENT SHALL CHARGE A COPAYMENT FOR A
LIMITED INITIAL PRESCRIPTION OF AN OPIOID DRUG, WHICH IS PRESCRIBED IN
ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION
THIRTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT IS EITHER (I)
PROPORTIONAL BETWEEN THE COPAYMENT FOR A THIRTY-DAY SUPPLY AND THE
AMOUNT OF DRUGS THE PATIENT WAS PRESCRIBED; OR (II) EQUIVALENT TO THE
COPAYMENT FOR A FULL THIRTY-DAY SUPPLY OF THE OPIOID DRUG, PROVIDED THAT
NO ADDITIONAL COPAYMENTS MAY BE CHARGED FOR ANY ADDITIONAL PRESCRIPTIONS
FOR THE REMAINDER OF THE THIRTY-DAY SUPPLY.
S 5. Paragraph (c) of subdivision 6 of section 367-a of the social
services law is amended by adding a new subparagraph (iv) to read as
follows:
(IV) WHEN AN INDIVIDUAL IS INITIALLY DISPENSED OR PRESCRIBED A SEVEN
OR FEWER DAYS SUPPLY OF AN OPIOID PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
S. 8139 9
SION FIVE OF SECTION THREE THOUSAND THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AND IS SUBSEQUENTLY DISPENSED OR PRESCRIBED AN ADDI-
TIONAL SUPPLY OF SUCH OPIOID FOR THE SAME UNDERLYING CONDITION, THE
TOTAL CO-PAYMENT THAT MAY BE CHARGED TO SUCH AN INDIVIDUAL FOR THE
INITIAL PRESCRIPTION PLUS ALL SUBSEQUENT PRESCRIPTIONS FOR THE SAME
UNDERLYING CONDITION FOR UP TO A TOTAL OF THIRTY-DAYS SUPPLY OF SUCH
OPIOID SHALL NOT EXCEED THE AMOUNT SET FORTH IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH.
S 6. This act shall take effect on the thirtieth day after it shall
have become a law; provided, that the amendments to paragraph (c) of
subdivision 6 of section 367-a of the social services law made by
section five of this act shall not affect the repeal of such paragraph
and shall expire and be deemed repealed therewith.
PART D
Section 1. Section 19.09 of the mental hygiene law is amended by
adding a new subdivision (j) to read as follows:
(J) (1) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, SHALL CREATE OR UTILIZE EXISTING EDUCATIONAL MATERIALS REGARDING
THE DANGERS OF MISUSE AND THE POTENTIAL FOR ADDICTION TO PRESCRIPTION
CONTROLLED SUBSTANCES, TREATMENT RESOURCES AVAILABLE, AND THE PROPER WAY
TO DISPOSE OF UNUSED PRESCRIPTION CONTROLLED SUBSTANCES IN ACCORDANCE
WITH PARAGRAPH TWO OF THIS SUBDIVISION.
(I) SUCH MATERIALS SHALL BE MADE AVAILABLE TO PHARMACIES REGISTERED IN
THE STATE, AND SHALL BE DISTRIBUTED AT THE TIME OF DISPENSING WITH ANY
PRESCRIBED DRUG THAT IS A CONTROLLED SUBSTANCE. INFORMATION DISSEMINATED
PURSUANT TO THIS PARAGRAPH MAY, AT THE OPTION OF THE CONSUMER, BE
DISTRIBUTED THROUGH ELECTRONIC MEANS.
(II) SUCH MATERIALS SHALL ALSO BE POSTED ON THE WEBSITE OF THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND OF THE DEPARTMENT OF
HEALTH, AND SHALL BE PROVIDED IN LANGUAGES OTHER THAN ENGLISH AS DEEMED
APPROPRIATE BY THE COMMISSIONERS, BUT SHALL INCLUDE THE TEN MOST COMMON-
LY SPOKEN LANGUAGES, ASIDE FROM ENGLISH, IN THE STATE.
(2) THE EDUCATIONAL MATERIALS REQUIRED IN PARAGRAPH ONE OF THIS SUBDI-
VISION SHALL INCLUDE THE FOLLOWING:
(A) THE RISKS OF USING OR CONSUMING SUCH CONTROLLED SUBSTANCES;
(B) THE PHYSICAL, BEHAVIORAL AND ADVANCED WARNING SIGNS OF ADDICTION
TO SUCH CONTROLLED SUBSTANCES;
(C) THE HOPELINE TELEPHONE CONTRACT NUMBER (1-877-8-HOPE-NY) AND TEXT
(HOPENY) FOR THE HOPELINE OPERATED BY THE OFFICE, OR ANY NUMBER THAT
SUCCEEDS THE HOPELINE;
(D) THE PROCEDURES FOR THE SAFE DISPOSAL OF UNUSED CONTROLLED
SUBSTANCES ESTABLISHED PURSUANT TO SECTION THIRTY-THREE HUNDRED
FORTY-THREE-B OF THE PUBLIC HEALTH LAW; AND
(E) SUCH OTHER INFORMATION AS THE COMMISSIONER SHALL DETERMINE TO BE
NECESSARY OR INFORMATIVE RELATING TO THE USE, CONSUMPTION OR ABUSE OF,
OR ADDICTION TO CONTROLLED SUBSTANCES.
(3) A PHARMACY MAY ALSO PROVIDE ADDITIONAL INFORMATION REGARDING THE
SAFE DISPOSAL OF CONTROLLED SUBSTANCES, INCLUDING BUT NOT LIMITED TO ANY
DISPOSAL PROGRAM THAT SUCH PHARMACY IS OPERATING OR PARTICIPATING IN
OUTSIDE OF THE PROGRAMS UNDER SECTION THIRTY-THREE HUNDRED FORTY-THREE-B
OF THE PUBLIC HEALTH LAW.
S 2. Paragraphs (e) and (f) of subdivision 5 of section 3381 of the
public health law, as amended by section 9-a of part B of chapter 58 of
the laws of 2007, are amended to read as follows:
S. 8139 10
(e) A PHARMACY REGISTERED UNDER ARTICLE ONE HUNDRED THIRTY-SEVEN OF
THE EDUCATION LAW MAY OFFER COUNSELING AND REFERRAL SERVICES TO CUSTOM-
ERS PURCHASING HYPODERMIC SYRINGES FOR THE PURPOSE OF: PREVENTING
INJECTION DRUG ABUSE; THE PROVISION OF DRUG TREATMENT; PREVENTING AND
TREATING HEPATITIS C; PREVENTING DRUG OVERDOSE; TESTING FOR THE HUMAN
IMMUNODEFICIENCY VIRUS; AND PROVIDING PRE-EXPOSURE PROPHYLAXIS AND NON-
OCCUPATIONAL POST-EXPOSURE PROPHYLAXIS. THE CONTENT OF SUCH COUNSELING
AND REFERRAL SHALL BE AT THE PROFESSIONAL DISCRETION OF THE PHARMACIST.
(F) The commissioner shall promulgate rules and regulations necessary
to implement the provisions of this subdivision which shall include a
requirement that such pharmacies, health care facilities and health care
practitioners cooperate in a safe disposal of used hypodermic needles or
syringes.
[(f)] (G) The commissioner may, upon the finding of a violation of
this section, suspend for a determinate period of time the sale or
furnishing of syringes by a specific entity.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly the office of alcoholism and substance abuse services may create the
educational materials required pursuant to section one of this act.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.
