The New York State Senate

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

                                   487

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A.  PAULIN,  JOYNER, GOTTFRIED, DINOWITZ, GALEF,
  JAFFEE, MOSLEY, PICHARDO, L. ROSENTHAL, ROZIC, CROUCH  --  Multi-Spon-
  sored by -- M. of A.  COOK, GLICK, THIELE -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03772-01-9

A. 487                              2

  (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.
  § 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 (p) to read as follows:
  (P) 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.