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Assembly Bill A1929

2017-2018 Legislative Session

Provides that prescriptions covered by insurance, that would otherwise be required to be filled by mail order, may be filled at a retail pharmacy under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2017-A1929 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10290
2019-2020: A347
2021-2022: A5787

2017-A1929 (ACTIVE) - Summary

Provides that prescriptions covered by insurance, that would otherwise be required to be filled by mail order, may be filled at a retail pharmacy under certain circumstances.

2017-A1929 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1929
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance  law,  in  relation  to  coverage  of
   prescriptions obtained by mail order or at a non-retail pharmacy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The opening paragraph of paragraph 28 of subsection (i) of
 section 3216 of the insurance law, as added by chapter 589 of  the  laws
 of  2011,  is  designated subparagraph (A) and a new subparagraph (B) is
 added to read as follows:
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, IF A  PRES-
 CRIBER,  AFTER CONSULTING WITH THE INSURER REGARDING THE APPROPRIATENESS
 OF MAIL ORDER DELIVERY GIVEN: (I) THE RESIDENCE OR DELIVERY LOCATION  OF
 THE  INSURED; (II) THE MEDICAL CONDITION OF THE INSURED; (III) THE STOR-
 AGE REQUIREMENTS OF THE DRUG; (IV) THE AVAILABILITY OF  THE  INSURED  TO
 RECEIVE  THE  PRESCRIPTION;  OR  (V) THE INSURED'S ABILITY TO COMPREHEND
 PHARMACEUTICAL GUIDANCE AND SUPPORT OVER THE TELEPHONE, DETERMINES  THAT
 A DRUG AS PRESCRIBED ON AN INDIVIDUAL BASIS IS MOST APPROPRIATELY FILLED
 AT A RETAIL LOCATION, PROVIDED THAT AN IN-NETWORK RETAIL PHARMACY OF THE
 PATIENT'S  CHOOSING  AGREES TO THE SAME REIMBURSEMENT AMOUNT AND IS ABLE
 TO FILL THE PRESCRIPTION, THE PRESCRIBER'S DETERMINATION SHALL BE FINAL.
   § 2. The opening paragraph  of  paragraph  18  of  subsection  (1)  of
 section  3221  of the insurance law is designated subparagraph (A) and a
 new subparagraph (B) is added to read as follows:
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, IF A  PRES-
 CRIBER,  AFTER CONSULTING WITH THE INSURER REGARDING THE APPROPRIATENESS
 OF MAIL ORDER DELIVERY GIVEN: (I) THE RESIDENCE OR DELIVERY LOCATION  OF
 THE  INSURED; (II) THE MEDICAL CONDITION OF THE INSURED; (III) THE STOR-
 AGE REQUIREMENTS OF THE DRUG; (IV) THE AVAILABILITY OF  THE  INSURED  TO
 RECEIVE  THE  PRESCRIPTION;  OR  (V) THE INSURED'S ABILITY TO COMPREHEND
 PHARMACEUTICAL GUIDANCE AND SUPPORT OVER THE TELEPHONE, DETERMINES  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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