NY State Senate Bill 2019-S4500

Archive: Last Bill Status - In Senate Committee Insurance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Mar 13, 2019	referred to insurance

co-Sponsors

2019-S4500 (ACTIVE) - Details

See Assembly Version of this Bill:: A102
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2017-2018 Legislative Session:: A8710

2019-S4500 (ACTIVE) - Summary

Relates to insurance coverage for opioid medications.

2019-S4500 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4500

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
insurance coverage of opioid medications

 
PURPOSE:

This bill requires that certain health insurance plans cover
prescription opioid drugs for the entirety of a patient's treatment and
does not restrict access to them by unreasonably raising cost or requir-
ing prior authorization.

 
SUMMARY OF PROVISIONS:

Section 1 amends subsection (i) of section 3216 of the insurance law.

Section 2 amends subsection (1) of section 3221 of the insurance law.

Section 3 amends section 4304 of the insurance law.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

The opioid crisis has reached every part of New York State, and recog-
nizing the dangers associated with opioid painkillers, many
; individuals are choosing to seek pain medications with a lower risk of
addiction or are avoiding opioid drugs altogether. However, many are
finding it difficult to access these lower-risk alternatives due to
restrictions by their insurance providers who are less willing to cover
these higher priced drugs.

Many insurance companies restrict access to these medications by requir-
ing prior authorization, charging higher co-payments, or simply refusing
coverage altogether. All of these methods create a difficult and drawn
out process for patients who are suffering from severe pain and can
leave them with no option other than to accept the cheaper, more addic-
tive opioid drugs.

With opioid deaths at an all-time high in our state and around the coun-
try we should be working to ensure that patients have access to safest
painkillers, ones with the lowest risk of addiction or dependency. This
bill would ensure a patient's ability to obtain safer pain medications
by requiring insurance companies to cover prescription opioid drugs,
regardless of cost and without prior authorization, for the entirety of
treatment.

 
LEGISLATIVE HISTORY:

2017-18: A.8710 - Referred to Insurance

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2019-S4500 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4500
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed 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
 AUTHORIZATION  FROM  THE  INSURANCE  COMPANY  PRIOR TO ADMINISTRATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01843-01-9

 S. 4500                             2
 
 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.

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Senate Bill S4500

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

2019-S4500 (ACTIVE) - Details

2019-S4500 (ACTIVE) - Summary

2019-S4500 (ACTIVE) - Sponsor Memo

2019-S4500 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4500

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

Liz Krueger

Jessica Ramos

2019-S4500 (ACTIVE) - Details

2019-S4500 (ACTIVE) - Summary

2019-S4500 (ACTIVE) - Sponsor Memo

2019-S4500 (ACTIVE) - Bill Text download pdf

Comments