NY State Senate Bill 2017-S3790

Senate Bill S3790

2017-2018 Legislative Session

Provides for the dispensing of emergency contraception under certain circumstances and conditions

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Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance
May 01, 2017	reported and committed to health
Mar 13, 2017	notice of committee consideration - requested
Jan 27, 2017	referred to insurance

Votes

- May 1, 2017 - Insurance Committee Vote
  S3790
  
  6
  
  Aye
  
  3
  
  Nay
  
  9
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: May 1, 2017
      
      aye (6)
      
      Breslin
      
      Brooks
      
      Kennedy
      
      Latimer
      
      Rivera
      
      Savino
      
      nay (3)
      
      Lanza
      
      Murphy
      
      O'Mara
      
      aye wr (9)
      
      Akshar
      
      Golden
      
      Hamilton
      
      Jacobs
      
      LaValle
      
      Larkin
      
      Phillips
      
      Serino
      
      Seward
      
      excused (1)
      
      Parker

co-Sponsors

2017-S3790 (ACTIVE) - Details

See Assembly Version of this Bill:: A2604
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4365, A5178
2019-2020: A487
2021-2022: A5193

2017-S3790 (ACTIVE) - Summary

Provides for the dispensing of emergency contraception when provided pursuant to an ordinary prescription or order and when lawfully provided other than through a prescription or order; defines "emergency contraception" to mean one or more prescription or non-prescription 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.

2017-S3790 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3790

 TITLE OF BILL :

An act to amend the insurance law and the public health law, in
relation to providing for dispensing emergency contraception under
certain conditions

 PURPOSE OR GENERAL IDEA OF BILL :

To make emergency contraception drugs purchased over-the-counter
without a medical prescription covered by insurance companies.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new subsection (n) to section 3216 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by
individually purchased insurance plans.

Section 2 adds a new subsection (t) to section 3221 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by
group purchased insurance plans, such as insurance plans provided
through employment.

Section 3 adds a new subsection (n) to section 4304 of the insurance
law, to provide that emergency contraception drugs purchased
over-the-counter without a medical prescription shall be covered by
individual insurance plans contracted with private corporations, such
as insurance plans provided by non-profit organizations.

Section 4 adds a new paragraph (n) to subdivision 1 of section 207 of
the public health law, to include emergency contraception within the
Health Care and Wellness Education and Outreach Program. The
Department of Health may conduct education and outreach programs for
consumers, patients, educators, including but not limited to
elementary and secondary school educators, and health care providers
relating to any health care matters the commissioner deems
appropriate.

Section 5 provides the effective date.

 JUSTIFICATION :

The Federal government has made the over-the-counter purchase of
certain emergency contraception (EC) drugs available to all ages.
Currently, women must pay 'out-of-pocket' when purchasing emergency
contraceptive drugs over-the-counter. This is cost prohibitive for
some, especially for young, underage women or women with lower
incomes.

However, under the Federal Affordable Care Act, insurance companies
are required to cover EC drugs approved by the U.S. Food and Drug
Administration without cost sharing when the purchase is made under a
prescription. EC is a time-sensitive medication and is most effective
in preventing pregnancy the sooner it is taken after unprotected sex,
birth control failure, or sexual assault. When women cannot obtain a
prescription in a timely manner, such as on the weekend, they must
purchase EC over-the-counter. As a result women must pay
"out-of-pocket' when purchasing EC drugs over-the-counter even though
their insurance covers the drug with a prescription.

This bill will require health insurance companies to provide coverage
for EC drugs purchased over-the-counter, including those drugs legally
purchased without a medical prescription. It therefore fulfills the
goal of allowing women to access the drug through their insurance
without cost-sharing.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become a law;
and sections one, two and three of this act shall apply to policies
and contracts issued, renewed, modified, altered or amended on or
after such effective date.

2017-S3790 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3790
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law and the public health law, in relation
   to providing for  dispensing  emergency  contraception  under  certain
   conditions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 3216 of the insurance law is amended by  adding  a
 new subsection (n) to read as follows:
   (N)(1)  ANY  POLICY  UNDER THIS ARTICLE THAT COVERS CONTRACEPTION WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
 WHEN PROVIDED PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR  ORDER  UNDER
 SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF THE EDUCATION LAW AND WHEN
 LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
   (2) FOR PURPOSES OF THIS SUBSECTION, "EMERGENCY  CONTRACEPTION"  MEANS
 ONE  OR  MORE PRESCRIPTION OR NON-PRESCRIPTION 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  ADMINIS-
 TERED FOR THAT PURPOSE.
   §  2.  Section  3221  of  the insurance law is amended by adding a new
 subsection (t) to read as follows:
   (T)(1) ANY POLICY UNDER THIS ARTICLE THAT  COVERS  CONTRACEPTION  WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
 WHEN  PROVIDED  PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR ORDER UNDER
 SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE  EDUCATION  LAW  AND  WHEN
 LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
   (2)  FOR  PURPOSES OF THIS SUBSECTION, "EMERGENCY CONTRACEPTION" MEANS
 ONE OR MORE PRESCRIPTION OR NON-PRESCRIPTION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05967-01-7

 S. 3790                             2
 
 UNITED  STATES  FOOD  AND DRUG ADMINISTRATION, AND DISPENSED OR ADMINIS-
 TERED FOR THAT PURPOSE.
   §  3.  Section  4304  of  the insurance law is amended by adding a new
 subsection (n) to read as follows:
   (N)(1) ANY POLICY UNDER THIS ARTICLE THAT  COVERS  CONTRACEPTION  WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
 WHEN  PROVIDED  PURSUANT  TO  AN  ORDINARY  PRESCRIPTION  OR ORDER UNDER
 SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE  EDUCATION  LAW  AND  WHEN
 LAWFULLY PROVIDED OTHER THAN THROUGH A PRESCRIPTION OR ORDER.
   (2)  FOR  PURPOSES OF THIS SUBSECTION, "EMERGENCY CONTRACEPTION" MEANS
 ONE OR MORE PRESCRIPTION OR NON-PRESCRIPTION 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 ADMINIS-
 TERED FOR THAT PURPOSE.
   § 4. 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; and sections one, two and three of this  act
 shall apply to policies and contracts issued, renewed, modified, altered
 or amended on  or after such effective date.

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Senate Bill S3790

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Sponsored By

Liz Krueger