The New York State Senate

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

                                  10165

                          I N  A S S E M B L Y

                             March 24, 2020
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Insurance

AN ACT to amend the insurance law, in relation to requiring policies and
  contracts that provide coverage  for  prescription  drugs  to  include
  coverage   of   an   immediate   additional  thirty-day  supply  of  a
  prescription drug during a state disaster emergency

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

  Section  1.  Section  3242 of the insurance law is amended by adding a
new subsection (c) to read as follows:
  (C) (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY  IN  THIS  STATE
THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLI-
CY  A  PROCESS  THAT  ALLOWS  AN INSURED, THE INSURED'S DESIGNEE, OR THE
INSURED'S PRESCRIBING HEALTH CARE  PROVIDER  TO  IMMEDIATELY  OBTAIN  AN
ADDITIONAL THIRTY-DAY SUPPLY OF ANY CURRENT PRESCRIPTION OF THE INSURED,
EXCEPT  AS  PROVIDED  IN  PARAGRAPH  TWO OF THIS SUBSECTION, AT THE SAME
LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION DRUG UPON  THE
DECLARATION  OF  A  STATE DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-
EIGHT OF THE EXECUTIVE LAW.
  (2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH  ONE  OF
THIS  SUBSECTION.    SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
  § 2. Section 4329 of the insurance law is  amended  by  adding  a  new
subsection (c) to read as follows:
  (C)  (1)  EVERY  CONTRACT  ISSUED  BY  A  CORPORATION  SUBJECT  TO THE
PROVISIONS OF THIS ARTICLE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
SHALL INCLUDE IN THE CONTRACT A PROCESS  THAT  ALLOWS  AN  INSURED,  THE
INSURED'S DESIGNEE, OR THE INSURED'S PRESCRIBING HEALTH CARE PROVIDER TO
IMMEDIATELY  OBTAIN  AN  ADDITIONAL  THIRTY-DAY  SUPPLY  OF  ANY CURRENT
PRESCRIPTION OF THE INSURED, EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS
SUBSECTION, AT THE SAME LEVEL OF COVERAGE AS A  NORMAL  REFILL  OF  SUCH
PRESCRIPTION  DRUG  UPON  THE  DECLARATION OF A STATE DISASTER EMERGENCY
PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15749-01-0

A. 10165                            2

  (2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH  ONE  OF
THIS  SUBSECTION.    SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
  §  3.  This  act  shall take effect immediately and shall apply to all
policies and contracts issued, renewed, modified, altered or amended  on
or after such date.