NY State Senate Bill 2017-S8891

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2018	referred to insurance

2017-S8891 (ACTIVE) - Details

See Assembly Version of this Bill:: A10622
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1492, A2773
2021-2022: A3697
2023-2024: A1393

2017-S8891 (ACTIVE) - Summary

Requires health insurers to provide coverage for opioid antagonists and devices.

2017-S8891 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8891

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring health
insurers to provide coverage for opioid antagonists and devices

 
PURPOSE:

This bill requires health insurers to provide coverage for opioid antag-
onists and devices.

 
SUMMARY OF PROVISIONS:

Section one amends section 3216 of the insurance law by adding a new
paragraph 34.

Section two amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 7-c. Section three amends section 4303 of the
insurance law is amended by adding a new subsection rr. Section four

sets forth the effective date.

 
JUSTIFICATION:

The rate of opioid overdose deaths in New York State rose 32% from 2015
to 2016, and there is little to indicate that the severity of that trend
has abated. The most immediate concern with addressing this public
health crisis is saving lives, and to do that we need to ensure that any
New Yorker who wants to equip themselves with a lifesaving opioid antag-
onist, either for themselves or for someone else, can do that. Currently
though, under threat of audit from insurance companies, pharmacies are
often only selling opioid antagonists to individuals who are purchasing
an opioid antagonist for personal use. The deadly consequence of this
crackdown is that New Yorkers are often prevented from saving the life
of another.

This legislation will require that every policy that provides coverage
for prescription drugs shall include coverage for at least one opioid
antagonist and device. Critically, the coverage must include opioid
antagonists intended for use on patients other than the insured. This
bill empowers those seeking to be proactive in protecting the life of
someone they believe to be at risk, and helps expand New York State's
overdose prevention network.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2017-S8891 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8891
 
                             I N  S E N A T E
 
                               June 1, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  requiring  health
   insurers to provide coverage for opioid antagonists and devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 35 to read as follows:
   (35)  (A)  (I)  EVERY  POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL INCLUDE COVERAGE FOR AT  LEAST  ONE  OPIOID  ANTAGONIST  AND
 DEVICE.  PRIOR  AUTHORIZATION  MAY  BE REQUIRED FOR NON-GENERIC FORMS OF
 OPIOID ANTAGONISTS AND DEVICES.
   (II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS  A
 DRUG  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 EFFECTS  OF  AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
 TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT  OF  HEALTH
 FOR SUCH PURPOSE.
   (B)  THE  COVERAGE  MANDATED  BY  THIS  PARAGRAPH SHALL INCLUDE OPIOID
 ANTAGONISTS PRESCRIBED OR DISPENSED VIA STANDING ORDER OR  COLLABORATIVE
 PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
   (C)  COVERAGE  PROVIDED  UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND THAT ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENEFITS  WITHIN  A
 GIVEN POLICY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 7-c to read as follows:
   (7-C)  (A)  (I)  EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL INCLUDE COVERAGE FOR AT  LEAST  ONE  OPIOID  ANTAGONIST  AND
 DEVICE.  PRIOR  AUTHORIZATION  MAY  BE REQUIRED FOR NON-GENERIC FORMS OF
 OPIOID ANTAGONISTS AND DEVICES.
   (II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS  A
 DRUG  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15406-03-8

 S. 8891                             2
 
 EFFECTS  OF  AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
 TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT  OF  HEALTH
 FOR SUCH PURPOSE.
   (B)  THE  COVERAGE  MANDATED  BY  THIS  PARAGRAPH SHALL INCLUDE OPIOID
 ANTAGONISTS PRESCRIBED OR DISPENSED VIA STANDING ORDER OR  COLLABORATIVE
 PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
   (C)  COVERAGE  PROVIDED  UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND THAT ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENEFITS  WITHIN  A
 GIVEN POLICY.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) (1) (A) EVERY POLICY WHICH  PROVIDES  COVERAGE  FOR  PRESCRIPTION
 DRUGS  SHALL  INCLUDE  COVERAGE  FOR  AT LEAST ONE OPIOID ANTAGONIST AND
 DEVICE. PRIOR AUTHORIZATION MAY BE REQUIRED  FOR  NON-GENERIC  FORMS  OF
 OPIOID ANTAGONISTS AND DEVICES.
   (B)  AS USED IN THIS SUBSECTION "OPIOID ANTAGONIST AND DEVICE" MEANS A
 DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION  THAT,  WHEN  ADMINIS-
 TERED,  NEGATES  OR  NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
 EFFECTS OF AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL  BE  LIMITED
 TO  NALOXONE  AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH
 FOR SUCH PURPOSE.
   (2) COVERAGE PROVIDED UNDER THIS SUBSECTION MAY BE SUBJECT  TO  ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTENDENT
 AND  THAT  ARE  CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN A
 GIVEN POLICY.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S8891

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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2017-S8891 (ACTIVE) - Details

2017-S8891 (ACTIVE) - Summary

2017-S8891 (ACTIVE) - Sponsor Memo

2017-S8891 (ACTIVE) - Bill Text download pdf

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Sponsored By

Chris Jacobs

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

2017-S8891 (ACTIVE) - Details

2017-S8891 (ACTIVE) - Summary

2017-S8891 (ACTIVE) - Sponsor Memo

2017-S8891 (ACTIVE) - Bill Text download pdf

Comments