S T A T E O F N E W Y O R K
________________________________________________________________________
8356
2017-2018 Regular Sessions
I N A S S E M B L Y
June 12, 2017
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to the
provision of prescription medicine to workers' compensation claimants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 5 of subdivision (i) of section 13 of the work-
ers' compensation law, as added by chapter 6 of the laws of 2007, is
amended to read as follows:
(5) Notwithstanding any other provision of this chapter, if an employ-
er or carrier has contracted with a pharmacy to provide prescribed medi-
cine to claimants, then such employer or carrier may [require] ENCOURAGE
claimants to obtain all prescribed medicines from the pharmacy with
which it has contracted[, except if a medical emergency occurs and it
would not be reasonably possible to obtain immediately required
prescribed medicine from the pharmacy with which the employer or carrier
has a contract]. An employer or carrier that [requires] ENCOURAGES
claimants to obtain prescribed medicines from a pharmacy with which it
has a contract must notify claimants of the pharmacy or pharmacies with
which it has a contract, the locations and addresses of the pharmacy or
pharmacies, if applicable, how to initially fill and refill
prescriptions through the mail, internet, telephone or other means, and
any other required information that must be supplied to the pharmacy or
pharmacies. [If the pharmacy or pharmacies with which the employer or
carrier contracts does not offer mail order service and does not have a
physical location within a reasonable distance from the claimant, as
defined by regulation of the board, the claimant may obtain prescribed
medicines at the pharmacy or pharmacies of his or her choice and the
employer or carrier will be liable for such charges in accordance with
the fee schedule prescribed in section thirteen-o of this chapter.]
WHILE AN EMPLOYER OR A CARRIER MAY CONTRACT WITH A NETWORK PHARMACY AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10590-01-7
A. 8356 2
ENCOURAGE CLAIMANTS TO USE IT EXCLUSIVELY, CLAIMANTS MAY OBTAIN
PRESCRIBED MEDICINES AT THE PHARMACY OR PHARMACIES OF HIS OR HER CHOICE
SO LONG AS THAT PHARMACY IS REGISTERED AS A RESIDENT, IN-STATE PHARMACY
WITH THE EDUCATION DEPARTMENT, AND THE EMPLOYER OR CARRIER SHALL BE
LIABLE FOR SUCH CHARGES IN ACCORDANCE WITH THE FEE SCHEDULE PRESCRIBED
IN SECTION THIRTEEN-O OF THIS ARTICLE SO LONG AS THE MEDICATIONS ARE
CASUALLY RELATED TO THE CLAIMANT'S WORK RELATED INJURIES. SUCH REQUIRE-
MENTS SHALL NOT APPLY TO ANY NON-RESIDENT, OUT-OF-STATE PHARMACIES NOR
SHALL IT APPLY TO ANY COMPOUND MEDICATIONS THAT THE CLAIMANT IS
PRESCRIBED. THE EMPLOYER OR CARRIER SHALL HAVE THE RIGHT TO DENY ANY
CHARGES THAT ORIGINATE FROM NON-RESIDENT, OUT-OF-STATE PHARMACIES AND
DENY ANY CHARGES FOR EXTEMPORANEOUS COMPOUND MEDICATIONS THAT HAVE NOT
BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.