Assembly Bill A347

2019-2020 Legislative Session

Provides that prescriptions covered by insurance, that would otherwise be required to be filled by mail order, may be filled at a retail pharmacy under certain circumstances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A347 (ACTIVE) - Details

See Senate Version of this Bill:
S6296
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10290
2017-2018: A1929
2021-2022: A5787, S1772
2023-2024: S3370

2019-A347 (ACTIVE) - Summary

Provides that prescriptions covered by insurance, that would otherwise be required to be filled by mail order, may be filled at a retail pharmacy under certain circumstances.

2019-A347 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    347
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. JOYNER, COLTON, ORTIZ, COOK, GLICK, D'URSO, GOTT-
   FRIED  --  Multi-Sponsored  by -- M. of A. THIELE, WRIGHT -- read once
   and referred to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law,  in  relation  to  coverage  of
   prescriptions obtained by mail order or at a non-retail pharmacy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph 28 of subsection (i)  of
 section  3216  of the insurance law, as added by chapter 589 of the laws
 of 2011, is designated subparagraph (A) and a new  subparagraph  (B)  is
 added to read as follows:
   (B)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, IF A PRES-
 CRIBER, AFTER CONSULTING WITH THE INSURER REGARDING THE  APPROPRIATENESS
 OF  MAIL ORDER DELIVERY GIVEN: (I) THE RESIDENCE OR DELIVERY LOCATION OF
 THE INSURED; (II) THE MEDICAL CONDITION OF THE INSURED; (III) THE  STOR-
 AGE  REQUIREMENTS  OF  THE DRUG; (IV) THE AVAILABILITY OF THE INSURED TO
 RECEIVE THE PRESCRIPTION; OR (V) THE  INSURED'S  ABILITY  TO  COMPREHEND
 PHARMACEUTICAL  GUIDANCE AND SUPPORT OVER THE TELEPHONE, DETERMINES THAT
 A DRUG AS PRESCRIBED ON AN INDIVIDUAL BASIS IS MOST APPROPRIATELY FILLED
 AT A RETAIL LOCATION, PROVIDED THAT AN IN-NETWORK RETAIL PHARMACY OF THE
 PATIENT'S CHOOSING AGREES TO THE SAME REIMBURSEMENT AMOUNT AND  IS  ABLE
 TO FILL THE PRESCRIPTION, THE PRESCRIBER'S DETERMINATION SHALL BE FINAL.
   §  2.  The  opening  paragraph  of  paragraph  18 of subsection (l) of
 section 3221 of the insurance law is designated subparagraph (A)  and  a
 new subparagraph (B) is added to read as follows:
   (B)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, IF A PRES-
 CRIBER, AFTER CONSULTING WITH THE INSURER REGARDING THE  APPROPRIATENESS
 OF  MAIL ORDER DELIVERY GIVEN: (I) THE RESIDENCE OR DELIVERY LOCATION OF
 THE INSURED; (II) THE MEDICAL CONDITION OF THE INSURED; (III) THE  STOR-
 AGE  REQUIREMENTS  OF  THE DRUG; (IV) THE AVAILABILITY OF THE INSURED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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