NY State Senate Bill S3668

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance
Jan 25, 2017	referred to insurance

Co-Sponsors

view additional co-sponsors

S3668 (ACTIVE) - Details

See Assembly Version of this Bill:: A1378
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221, 4303 & 3216, Ins L; amd §365-a, Soc Serv L; amd §§6527, 6807, 6909 & 6951, add §6832, Ed L; amd §207, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6013, A8135

S3668 (ACTIVE) - Summary

Enacts the "comprehensive contraception coverage act" to provide insurance coverage for FDA-approved contraceptive drugs, devices and products.

S3668 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3668

 TITLE OF BILL :  An act to amend the insurance law, the social
services law, the education law and the public health law, in relation
to requiring health insurance policies to include coverage of all
FDA-approved contraceptive drugs, devices, and products, as well as
voluntary sterilization procedures, contraceptive education and
counseling, and related follow up services and prohibiting a health
insurance policy from imposing any cost-sharing requirements or other
restrictions or delays with respect to this coverage

 PURPOSE :

This legislation will help to reduce the number of unintended
pregnancies, improve birth outcomes and improve the health and welfare
of New Yorkers by ensuring that individuals have timely access to
contraception and the information they need in order to plan their
families and their future.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Provides that the act shall be known and may be cited as
the Comprehensive Contraception Coverage Act.

Section 2. Amends paragraph 16 of subsection (1) of section 3221 of
the insurance law to require commercial group health insurance

policies to cover all FDA-approved contraceptiVe drugs, devices and
products when prescribed by a health care provider.

When the FDA has approved one or more therapeutic and pharmaceutical
equivalent versions of a contraceptive drug, device or product,
coverage is not required for equivalent versions of the contraceptive
drug unless the equivalent is not available or is medically
inadvisable. Coverage shall: (i) include emergency contraception when
prescribed through a prescription or a non-patient specific order;
(ii) allow for dispensing of up to twelve months of contraception;
(iii) include voluntary sterilization procedures for women and men;
(iv) include patient education and counseling about contraception; and
(v) include any follow-up care related to the covered contraceptives
including management of side-effects, counseling and device insertion
and removal.

An insurer may not apply co-pays or deductibles when coverage for a
contraceptive method is required. In addition, no restrictions, or
delays in coverage can be applied when coverage for a contraceptive
method is required. Coverage for an enrollee's covered spouse,
domestic partner and covered dependents shall be the same as for the
enrollee.

"Conscience protections" in existing law remain untouched.
Specifically, the bill does not amend existing law which allows a
religious employer to request an insurance policy without coverage for
FDA-approved contraceptive methods that are contrary to the religious
employer's religious tenets.

Sections 3 and 4. Makes similar changes outlined in Section 2 to
subsection (cc) of Section 4303 of the insurance law relating to
nonprofit medical indemnity, or health and hospital service
corporations and subparagraph (E) of paragraph 17 of subsection (i) of
section 3216 of the insurance law relating to individual health
insurance policies. Section 5. Amends paragraph (d) of subdivision 3
of section 365-a of the social services law to expand the definition
of "medical services" to include 12 months of contraceptive supplies
for eligible persons.


Section 6. Amends subdivision six of section 6527 of the education law
to authorize a registered professional nurse to administer or dispense
emergency contraception to a patient and authorizes a pharmacist to
dispense emergency contraception to be self-administered by the
patient.

Section 7.Amends subdivision 3 of section 6807 of the education law to
add a licensed midwife to the list of practitioners who may prescribe
or order a non-patient specific regimen. Also, adds a new subdivision
to the education law providing that a licensed pharmacist may dispense
a non-patient specific regimen of emergency contraception, to be
self-administered by the patient, which was prescribed or ordered by a
licensed physician, certified nurse practitioner, or licensed midwife.

Section 8. Adds a new section 6832 to the education law to: (i) define
the terms "emergency contraception" and "prescriber"; (ii) provide
that this section does not apply to administering or dispensing
emergency contraception when lawfully done without a prescription or
non-patient specific regimen; (iii) require that the administering or
dispensing of emergency contraception by a registered professional
nurse or licensed pharmacist be done in accordance with professional
standards of practice and in accordance with written procedures and
protocols; and (iv) outline the contents of written material that must
be provided to the patient when emergency contraception is
administered or dispensed. Such written material shall be developed or
approved by the commissioner in consultation with the Department of
Health (DOH) and the American College of Obstetricians and
Gynecologists (AGOG).

Section 9. Amends subdivision 4 of Section 6909 of the education law
to authorize a registered professional nurse to administer or dispense
emergency contraception to a patient and a pharmacist to dispense
emergency contraception to be self-administered by the patient.

Section 10. Amends subdivision five of section 6909 of the education
law by adding a licensed midwife to those practitioners who may
prescribe and order a non-patient specific regimen of emergency
contraception.

Section 11. Adds a new subdivision 4 to section 6951 of the education
law to authorize a licensed midwife to prescribe and order a
non-patient specific regimen of emergency contraception to be
administered or dispensed by a registered professional nurse or
dispensed by a licensed pharmacist.

Sections 10, 11, and 12. Amends three sections of the insurance law to
mandate that under these sections any insurance policy that covers
emergency contraception shall also cover emergency contraception when
provided by a non-patient-specific prescription.

Section 12. Adds a new paragraph (1) to subdivision one of section 207
of the public health law to broaden the NYS Department of Health's
education and outreach program to include information on emergency
contraception and its safety, efficacy, appropriate use and
availability.

Section 13. Provides that this act shall take effect on January 1,
2017, provided however that section six shall take effect on January
1, 2018.

 JUSTIFICATION :

Access to contraceptive services is essential to women's health and
equality. New York has long recognized the central role that
contraception plays in women's health and lives and has led efforts to
expand access to contraception. All New Yorkers, regardless of
economic status, should have timely access to contraception and the
information they need in order to protect their health, plan their
families and their future. Time and time again, studies show that
contraceptive access reduces rates of unintended pregnancy, plays a
crucial role in improving public health outcomes, as well as improving
the economic well-being of women and their families.* However, despite
legal reform on the State and Federal level, lack of contraceptive
insurance coverage and high co-payments remain significant barriers to
contraceptive access.

The Contraceptive Equity Act would amend state insurance and social
service laws to require health insurance policies to include coverage
of all Food and Drug Administration (FDA)-approved contraceptive
drugs, devices, and products, as well as voluntary sterilization
procedures, contraceptive education and counseling, and related follow
up services.**It would also prohibit a health insurance policy from
imposing any cost-sharing requirements or other restriction or delays
with respect to this coverage.

In 2002. the New York State Legislature passed the Women's Health and
Wellness Act, an important first step toward contraceptive equity that
required insurance plans that cover prescriptions to include
contraception. Eight years later, the U.S. Congress passed the
Affordable Care Act (ACA), which includes a contraceptive coverage
guarantee as part of a broader requirement for health insurance plans
to cover contraceptive services without cost-sharing for all women in
the Health Insurance Marketplace.

The contraceptive equity policy is one of the landmark achievements of
the ACA, but a lack of clarity in the federal law has led to
inconsistent implementation and enforcement. Insurers can take
advantage of this confusion to limit coverage for the diverse array of
contraceptive methods available and. in some cases, can prevent
individuals from accessing the method deemed most effective by their
medical provider. Additionally, many insurance companies do not
typically cover male methods of contraception or require high
cost-sharing despite the critical role men play in the prevention of
unintended pregnancy.

Building on existing state and federal law to promote gender equity
and women's health, this Act would ensure broad contraceptive coverage
and timely access to all federal FDA-approved methods of contraception
for individuals covered under health insurance plans in New York.

 PRIOR LEGISLATIVE HISTORY :

2015: A.8135-B of 2015-2016 (Cahill) Passed Assembly
S.6013-A of 2015-2016 (Bonacic) Referred to Insurance

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on January 1, 2017.  However, section five
shall take effect on January 1, 2018.
*Sonfield, Adam. "What Women Already Know: Documenting the Social and
Economic Benefits of Family Planning." Guttmacher Institute. Winter
2013. http://www.guttmacher.org/pubs/gpr/16/1/gpr160108.html **For a
full list of these devices, see the FDA Office of Women's Health's
Birth Control Guide
http://wwm.fda.gov/downloads/ForConsumers/ByAudience/
ForWomen./FreePublications/UCM356451.pdf

S3668 (ACTIVE) - Bill Text download pdf


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

                                  3668

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 25, 2017
                               ___________

Introduced  by  Sens.  BONACIC,  AVELLA  --  (at request of the Attorney
  General) -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Insurance

AN  ACT  to amend the insurance law, the social services law, the educa-
  tion law and the public health law, in relation  to  requiring  health
  insurance  policies to include coverage of all FDA-approved contracep-
  tive drugs, devices, and products, as well as voluntary  sterilization
  procedures, contraceptive education and counseling, and related follow
  up  services  and  prohibiting a health insurance policy from imposing
  any cost-sharing requirements or other  restrictions  or  delays  with
  respect to this coverage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "comprehen-
sive contraception coverage act".
  § 2. Paragraph 16 of subsection (l) of section 3221 of  the  insurance
law,  as added by chapter 554 of the laws of 2002, is amended to read as
follows:
  (16) (A) Every group or blanket policy [which  provides  coverage  for
prescription  drugs shall include coverage for the cost of contraceptive
drugs or devices approved by the federal food and drug administration or
generic equivalents approved as substitutes by such food and drug admin-
istration under the prescription  of  a  health  care  provider  legally
authorized  to  prescribe  under  title  eight of the education law. The
coverage required by this section shall  be  included  in  policies  and
certificates only through the addition of a rider.
  (A)]  THAT  IS  ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, SHALL PROVIDE  COVERAGE  FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06579-01-7

S. 3668                             2

DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
  (A)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
DRUG,  DEVICE,  OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS  IN
ITS  FORMULARY,  SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
  (B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS
OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A GROUP OR BLANKET POLICY  SHALL  PROVIDE  COVERAGE  FOR  AN
ALTERNATE  THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF THE
CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
  (C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT  COST-
SHARING  WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-ONE OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
OF A CONTRACEPTIVE AT ONE TIME;
  (2) VOLUNTARY STERILIZATION PROCEDURES;
  (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (4)  FOLLOW-UP  SERVICES  RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED  TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (B) A GROUP OR BLANKET POLICY SUBJECT  TO  THIS  PARAGRAPH  SHALL  NOT
IMPOSE  A  DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
  (C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH,  A  GROUP  OR
BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
AGE REQUIRED UNDER THIS PARAGRAPH.
  (D)  BENEFITS  FOR  AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
FOR AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND  COVERED
NONSPOUSE DEPENDENTS.
  (E)  Notwithstanding  any  other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal  food
and drug administration approved contraceptive methods that are contrary
to  the  religious  employer's  religious  tenets. If so requested, such
contract shall be provided without coverage for  contraceptive  methods.
This  paragraph  shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
  (1) For purposes of this subsection,  a  "religious  employer"  is  an
entity for which each of the following is true:
  (a) The inculcation of religious values is the purpose of the entity.
  (b)  The  entity  primarily  employs  persons  who share the religious
tenets of the entity.
  (c) The entity serves primarily persons who share the religious tenets
of the entity.
  (d) The entity is a nonprofit organization  as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
  (2) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.

S. 3668                             3

  [(B) (i)] (F) (1) Where a group policyholder makes an election not  to
purchase  coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph each certificateholder  covered
under  the policy issued to that group policyholder shall have the right
to  directly  purchase  the  rider  required  by this paragraph from the
insurer which issued the group policy  at  the  prevailing  small  group
community  rate  for such rider whether or not the employee is part of a
small group.
  [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
purchase  coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph, the insurer that provides such
coverage shall provide written notice to certificateholders upon enroll-
ment with the insurer of their right to directly purchase  a  rider  for
coverage  for  the  cost  of  contraceptive drugs or devices. The notice
shall also advise the certificateholders of the additional  premium  for
such coverage.
  [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
a group or blanket policy which provides coverage for prescription drugs
to exclude coverage for prescription drugs prescribed for reasons  other
than contraceptive purposes.
  [(D) Such coverage may be subject to reasonable annual deductibles and
coinsurance  as  may  be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
  § 3. Subsection (cc) of section 4303 of the insurance law, as added by
chapter 554 of the laws of 2002, is amended to read as follows:
  (cc) (1) Every contract  [which  provides  coverage  for  prescription
drugs  shall  include  coverage  for  the cost of contraceptive drugs or
devices approved by the federal food and drug administration or  generic
equivalents approved as substitutes by such food and drug administration
under  the  prescription of a health care provider legally authorized to
prescribe under title eight of the education law. The coverage  required
by  this  section  shall  be included in contracts and certificates only
through the addition of a rider.
  (1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
AFTER  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:
  (I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY,  SO
LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
ACCORDANCE WITH THIS SUBSECTION;
  (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
TIC AND PHARMACEUTICAL EQUIVALENT VERSION  OF  THE  CONTRACEPTIVE  DRUG,
DEVICE, OR PRODUCT WITHOUT COST-SHARING;
  (III)  THIS  COVERAGE  SHALL  INCLUDE  EMERGENCY CONTRACEPTION WITHOUT
COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED

S. 3668                             4

THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
WORTH OF A CONTRACEPTIVE AT ONE TIME;
  (B) VOLUNTARY STERILIZATION PROCEDURES;
  (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
  (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
UNDER THIS SUBSECTION.
  (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
NONSPOUSE DEPENDENTS.
  (5) Notwithstanding any other provision of this  subsection,  a  reli-
gious  employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious  tenets.  If  so  requested,  such
contract  shall  be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee  coverage  of,
and timely access to, contraceptive methods.
  (A)  For  purposes  of  this  subsection, a "religious employer" is an
entity for which each of the following is true:
  (i) The inculcation of religious values is the purpose of the entity.
  (ii) The entity primarily employs  persons  who  share  the  religious
tenets of the entity.
  (iii)  The  entity  serves  primarily  persons who share the religious
tenets of the entity.
  (iv) The entity is a nonprofit organization as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
  (B) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
  [(2)](6) (A) Where a group contractholder makes  an  election  not  to
purchase  coverage for contraceptive drugs or devices in accordance with
paragraph [one] FIVE of this subsection, each enrollee covered under the
contract issued to that group contractholder shall  have  the  right  to
directly purchase the rider required by this subsection from the insurer
or  health  maintenance  organization which issued the group contract at
the prevailing small group community rate for such rider whether or  not
the employee is part of a small group.
  (B)  Where  a  group  contractholder makes an election not to purchase
coverage for contraceptive drugs or devices in accordance with paragraph
[one] FIVE of this subsection, the insurer or health maintenance  organ-
ization  that  provides  such  coverage  shall provide written notice to
enrollees upon enrollment with the insurer or health maintenance  organ-
ization of their right to directly purchase a rider for coverage for the
cost of contraceptive drugs or devices. The notice shall also advise the
enrollees of the additional premium for such coverage.

S. 3668                             5

  [(3)](7)  Nothing in this subsection shall be construed as authorizing
a contract which provides coverage for  prescription  drugs  to  exclude
coverage  for  prescription  drugs  prescribed  for  reasons  other than
contraceptive purposes.
  [(4) Such coverage may be subject to reasonable annual deductibles and
coinsurance  as  may  be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
  § 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
3216  of the insurance law is amended by adding a new clause (v) to read
as follows:
  (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
INCLUDING  ALL  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,   DEVICES,   AND
PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
LAW;  VOLUNTARY  STERILIZATION  PROCEDURES;  PATIENT EDUCATION AND COUN-
SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED  TO  THE  DRUGS,
DEVICES,  PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS  OR
DELAYS  ON  THE  COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL  EQUIVALENT,
AS  DEFINED  BY  THE  FDA,  VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC  AND
PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
ONE  IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
THIS CLAUSE. IF THE COVERED THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT
VERSIONS  OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF  THE  CONTRACEPTIVE
DRUG,  DEVICE,  OR  PRODUCT  WITHOUT  COST-SHARING.  THIS COVERAGE SHALL
INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
PURSUANT  TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC REGIMEN
ORDER, OR ORDER UNDER SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF  THE
EDUCATION   LAW   AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN  THROUGH  A
PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR  THE  DISPENSING
OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
  §  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
services law, as amended by chapter 909 of  the  laws  of  1974  and  as
relettered  by  chapter  82  of  the laws of 1995, is amended to read as
follows:
  (d) family planning services and TWELVE MONTHS OF supplies for  eligi-
ble  persons  of  childbearing  age, including children under twenty-one
years of age who can be considered  sexually  active,  who  desire  such
services  and  supplies,  in accordance with the requirements of federal
law and regulations and the regulations of  the  department.  No  person
shall be compelled or coerced to accept such services or supplies.
  §  6.  Subdivision 6 of section 6527 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
of the laws of 2015, paragraph (d) as added by chapter 429 of  the  laws
of  2005,  paragraph  (e)  as  added by chapter 352 of the laws of 2014,
paragraph (f) as added by section 6 of part V of chapter 57 of the  laws
of  2015  and paragraph (g) as added by chapter 502 of the laws of 2016,
is amended to read as follows:
  6. A licensed physician may prescribe and order a non-patient specific
regimen [to a registered professional nurse],  pursuant  to  regulations

S. 3668                             6

promulgated  by  the commissioner, and consistent with the public health
law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)]  (III)  administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
  (VII) the urgent or emergency treatment of opioid related overdose  or
suspected opioid related overdose[.]; OR
  [(g)]  (VIII)  screening  of  persons  at  increased risk of syphilis,
gonorrhea and chlamydia.
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
  § 7. Subdivision 3 of section 6807 of the education law, as  added  by
chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
added to read as follows:
  3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
prescribed  or  ordered  by  a  licensed  physician, LICENSED MIDWIFE or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
  4. A PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN  OF  EMER-
GENCY  CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
OR ORDERED BY A LICENSED PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
LICENSED  MIDWIFE,  UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
ARTICLE.
  § 8. The education law is amended by adding a new section 6832 to read
as follows:
  § 6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
  (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
NONPRESCRIPTION  DRUGS,  USED  SEPARATELY OR IN COMBINATION, IN A DOSAGE
AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER  INTERCOURSE,  FOUND
SAFE  AND  EFFECTIVE  FOR  THAT  USE  BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
  (B) "PRESCRIBER" MEANS A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
TIONER OR LICENSED MIDWIFE.
  2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF
EMERGENCY   CONTRACEPTION   BY  A  LICENSED  PHARMACIST  PURSUANT  TO  A
PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE.  THIS  SECTION  DOES
NOT  APPLY  TO  ADMINISTERING OR DISPENSING EMERGENCY CONTRACEPTION WHEN
LAWFULLY DONE WITHOUT SUCH A PRESCRIPTION OR ORDER.

S. 3668                             7

  3. THE ADMINISTERING OR DISPENSING OF  EMERGENCY  CONTRACEPTION  BY  A
REGISTERED  PROFESSIONAL NURSE OR THE DISPENSING OF EMERGENCY CONTRACEP-
TION BY A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE  WITH  PROFES-
SIONAL  STANDARDS  OF PRACTICE AND IN ACCORDANCE WITH WRITTEN PROCEDURES
AND PROTOCOLS AGREED TO BY THE REGISTERED PROFESSIONAL NURSE OR LICENSED
PHARMACIST  AND  THE  PRESCRIBER  OR  A HOSPITAL (LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT  PROVIDES  GYNECOLOGICAL  OR
FAMILY PLANNING SERVICES.
  4.  (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED, THE
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST  SHALL  PROVIDE  TO
THE  PATIENT  WRITTEN MATERIAL THAT INCLUDES: (I) THE CLINICAL CONSIDER-
ATIONS AND RECOMMENDATIONS FOR USE OF THE  DRUG;  (II)  THE  APPROPRIATE
METHOD  FOR  USING  THE  DRUG;  (III)  INFORMATION  ON THE IMPORTANCE OF
FOLLOW-UP HEALTH CARE; (IV) INFORMATION ON THE HEALTH  RISKS  AND  OTHER
DANGERS  OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION RELAT-
ING TO HEALTH CARE AND SERVICES RELATING TO SEXUAL  ABUSE  AND  DOMESTIC
VIOLENCE.
  (B)  SUCH  WRITTEN  MATERIAL  SHALL  BE  DEVELOPED  OR APPROVED BY THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
  § 9. Subdivision 4 of section 6909 of the education law, as  added  by
chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
as added by section 5 of part V of chapter 57 of the laws  of  2015  and
paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
read as follows:
  4.  A  certified  nurse practitioner may prescribe and order a non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three of section [six thousand nine]  SIXTY-NINE  hundred  two  of  this
article, and consistent with the public health law, for:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)]  (III)  administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
  (VII) the urgent or emergency treatment of opioid related overdose  or
suspected opioid related overdose[.]; OR
  [(g)]  (VIII)  screening  of  persons  at increased risk for syphilis,
gonorrhea and chlamydia.
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
  § 10. Subdivision 5 of section 6909 of the education law, as added  by
chapter 573 of the laws of 1999, is amended to read as follows:
  5.  A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician, LICENSED  MIDWIFE

S. 3668                             8

or  certified nurse practitioner, pursuant to regulations promulgated by
the commissioner.
  §  11.  Section  6951  of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
REGIMEN   PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,
CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
  (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-TWO OF THIS TITLE.
  § 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (n) to read as follows:
  (N)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  § 13. This act shall  take  effect  January  1,  2018;  provided  that
section  six  of  this  act shall take effect January 1, 2019; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and  completed by the commissioner of education and the board of regents
on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S3668

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Your Voice

Actions

Co-Sponsors

S3668 (ACTIVE) - Details

S3668 (ACTIVE) - Summary

S3668 (ACTIVE) - Sponsor Memo

S3668 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3668

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Your Voice

Actions

Co-Sponsors

S3668 (ACTIVE) - Details

S3668 (ACTIVE) - Summary

S3668 (ACTIVE) - Sponsor Memo

S3668 (ACTIVE) - Bill Text download pdf

Comments