S T A T E O F N E W Y O R K
________________________________________________________________________
8246
2019-2020 Regular Sessions
I N A S S E M B L Y
June 10, 2019
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Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to calculating an insured
individual's overall contribution to any out-of-pocket maximum or any
cost-sharing requirement
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 36 to read as follows:
(36) ANY POLICY THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
APPLY ANY THIRD-PARTY PAYMENTS, FINANCIAL ASSISTANCE, DISCOUNT, VOUCHER
OR OTHER PRICE REDUCTION INSTRUMENT FOR OUT-OF-POCKET EXPENSES MADE ON
BEHALF OF AN INSURED INDIVIDUAL FOR THE COST OF PRESCRIPTION DRUGS TO
THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE, OUT-OF-POCKET MAXIMUM,
OR ANY OTHER COST-SHARING REQUIREMENT WHEN CALCULATING SUCH INSURED
INDIVIDUAL'S OVERALL CONTRIBUTION TO ANY OUT-OF-POCKET MAXIMUM OR ANY
COST-SHARING REQUIREMENT.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
(21) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL APPLY ANY
THIRD-PARTY PAYMENTS, FINANCIAL ASSISTANCE, DISCOUNT, VOUCHER OR OTHER
PRICE REDUCTION INSTRUMENT FOR OUT-OF-POCKET EXPENSES MADE ON BEHALF OF
AN INSURED INDIVIDUAL FOR THE COST OF PRESCRIPTION DRUGS TO THE
INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE, OUT-OF-POCKET MAXIMUM, OR
ANY OTHER COST-SHARING REQUIREMENT WHEN CALCULATING SUCH INSURED INDI-
VIDUAL'S OVERALL CONTRIBUTION TO ANY OUT-OF-POCKET MAXIMUM OR ANY COST-
SHARING REQUIREMENT.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13146-01-9
A. 8246 2
(SS) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
HOSPITAL SERVICE CORPORATION, OR HEALTH SERVICE CORPORATION THAT
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL APPLY ANY THIRD-PARTY
PAYMENTS, FINANCIAL ASSISTANCE, DISCOUNT, VOUCHER OR OTHER PRICE
REDUCTION INSTRUMENT FOR OUT-OF-POCKET EXPENSES MADE ON BEHALF OF AN
INSURED INDIVIDUAL FOR THE COST OF PRESCRIPTION DRUGS TO THE INSURED'S
DEDUCTIBLE, COPAYMENT, COINSURANCE, OUT-OF-POCKET MAXIMUM, OR ANY OTHER
COST-SHARING REQUIREMENT WHEN CALCULATING SUCH INSURED INDIVIDUAL'S
OVERALL CONTRIBUTION TO ANY OUT-OF-POCKET MAXIMUM OR ANY COST-SHARING
REQUIREMENT.
§ 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after such date.