S T A T E O F N E W Y O R K
________________________________________________________________________
7989
I N S E N A T E
March 6, 2020
___________
Introduced by Sen. CARLUCCI -- 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 requiring policies and
contracts that provide coverage for prescription drugs to include
coverage of an immediate additional thirty-day supply of a
prescription drug during a state disaster emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3242 of the insurance law is amended by adding a
new subsection (c) to read as follows:
(C) (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLI-
CY A PROCESS THAT ALLOWS AN INSURED, THE INSURED'S DESIGNEE, OR THE
INSURED'S PRESCRIBING HEALTH CARE PROVIDER TO IMMEDIATELY OBTAIN AN
ADDITIONAL THIRTY-DAY SUPPLY OF ANY CURRENT PRESCRIPTION OF THE INSURED,
EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION, AT THE SAME
LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION DRUG UPON THE
DECLARATION OF A STATE DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-
EIGHT OF THE EXECUTIVE LAW.
(2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBSECTION. SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
§ 2. Section 4329 of the insurance law is amended by adding a new
subsection (c) to read as follows:
(C) (1) EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE
PROVISIONS OF THIS ARTICLE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
SHALL INCLUDE IN THE CONTRACT A PROCESS THAT ALLOWS AN INSURED, THE
INSURED'S DESIGNEE, OR THE INSURED'S PRESCRIBING HEALTH CARE PROVIDER TO
IMMEDIATELY OBTAIN AN ADDITIONAL THIRTY-DAY SUPPLY OF ANY CURRENT
PRESCRIPTION OF THE INSURED, EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS
SUBSECTION, AT THE SAME LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH
PRESCRIPTION DRUG UPON THE DECLARATION OF A STATE DISASTER EMERGENCY
PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15749-01-0
S. 7989 2
(2) THE COMMISSIONER OF HEALTH SHALL PROMULGATE A LIST OF PRESCRIPTION
DRUGS WHICH SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBSECTION. SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
SCHEDULE II AND SCHEDULE III CONTROLLED SUBSTANCES.
§ 3. This act shall take effect immediately and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after such date.