S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10165
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred 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

 A. 10165                            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.