S T A T E O F N E W Y O R K
________________________________________________________________________
102
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage of
opioid medications
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) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS MUST
PROVIDE COVERAGE OF OPIOID MEDICATIONS AND PRESCRIPTION DRUGS. SUCH
COVERAGE SHALL CONTINUE TO BE PROVIDED DURING THE ENTIRE PERIOD OF TIME
THE MEDICATIONS AND DRUGS ARE PRESCRIBED OR ADMINISTERED BY AN AUTHOR-
IZED PRESCRIBER OR ADMINISTRATOR. SUCH COVERAGE SHALL NOT REQUIRE PRIOR
AUTHORIZATION FROM THE INSURANCE COMPANY PRIOR TO ADMINISTRATION OR
PRESCRIPTION OF SUCH MEDICATIONS AND PRESCRIPTION DRUGS. SUCH COVERAGE
SHALL BE AT THE SAME RATE REGARDLESS OF THE OPIOID MEDICATIONS BEING
ADMINISTERED OR PRESCRIBED. AN INSURANCE COMPANY SHALL NOT CHARGE A
DIFFERENT RATE FOR ANY MEDICATION IN THE OPIOID CLASS.
(B) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTEN-
DENT.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
(21) (A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS MUST
PROVIDE COVERAGE OF OPIOID MEDICATIONS AND PRESCRIPTION DRUGS. SUCH
COVERAGE SHALL CONTINUE TO BE PROVIDED DURING THE ENTIRE PERIOD OF TIME
THE MEDICATIONS AND DRUGS ARE PRESCRIBED OR ADMINISTERED BY AN AUTHOR-
IZED PRESCRIBER OR ADMINISTRATOR. SUCH COVERAGE SHALL NOT REQUIRE PRIOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01843-01-9
A. 102 2
AUTHORIZATION FROM THE INSURANCE COMPANY PRIOR TO ADMINISTRATION OR
PRESCRIPTION OF SUCH MEDICATIONS AND PRESCRIPTION DRUGS. SUCH COVERAGE
SHALL BE AT THE SAME RATE REGARDLESS OF THE OPIOID MEDICATIONS BEING
ADMINISTERED OR PRESCRIBED. AN INSURANCE COMPANY SHALL NOT CHARGE A
DIFFERENT RATE FOR ANY MEDICATION IN THE OPIOID CLASS.
(B) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTEN-
DENT.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (l-3) to read as follows:
(L-3) (1) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS MUST
PROVIDE COVERAGE OF OPIOID MEDICATIONS AND PRESCRIPTION DRUGS. SUCH
COVERAGE SHALL CONTINUE TO BE PROVIDED DURING THE ENTIRE PERIOD OF TIME
THE MEDICATIONS AND DRUGS ARE PRESCRIBED OR ADMINISTERED BY AN AUTHOR-
IZED PRESCRIBER OR ADMINISTRATOR. SUCH COVERAGE SHALL NOT REQUIRE PRIOR
AUTHORIZATION FROM THE INSURANCE COMPANY PRIOR TO ADMINISTRATION OR
PRESCRIPTION OF SUCH MEDICATIONS AND PRESCRIPTION DRUGS. SUCH COVERAGE
SHALL BE AT THE SAME RATE REGARDLESS OF THE OPIOID MEDICATIONS BEING
ADMINISTERED OR PRESCRIBED. AN INSURANCE COMPANY SHALL NOT CHARGE A
DIFFERENT RATE FOR ANY MEDICATION IN THE OPIOID CLASS.
(2) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL
DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE BY THE SUPERINTEN-
DENT.
§ 4. This act shall take effect immediately.