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