S T A T E   O F   N E W   Y O R K
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                                   1352
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, JAFFEE, GALEF, PERRY --
   Multi-Sponsored by -- M. of  A.  ABBATE,  GUNTHER,  LOPEZ,  McDONOUGH,
   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
 4 to read as follows:
                                   TITLE 4
                         MISCELLANEOUS PROVISIONS
 
 SECTION 260. PHARMACEUTICAL LOCAL CHOICE PROGRAM.
   § 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 EDUCATION DEPARTMENT  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
 STATE, AS DESCRIBED IN SUBSECTION (I)  OF  SECTION  THREE  THOUSAND  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03242-01-7

 A. 1352                             2
 
 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.
   § 2. This act shall take effect July 1, 2017.