senate Bill S3272

2019-2020 Legislative Session

Limits the substitution of abuse-deterrent analgesic opioid drug products for analgesic opioids lacking such technology

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2019 referred to insurance

S3272 (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3216-a, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6962
2017-2018: S7009

S3272 (ACTIVE) - Summary

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse.

S3272 (ACTIVE) - Sponsor Memo

S3272 (ACTIVE) - Bill Text download pdf


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

                                  3272

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- 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 the use of  abuse-det-
  errent  technology  for  opioids as a mechanism for reducing abuse and
  diversion of opioid drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3216-a
to read as follows:
  § 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
ANCE  CARRIER  OR  HEALTH  PLAN SHALL PROVIDE COVERAGE ON ITS FORMULARY,
DRUG LIST OR OTHER LISTS OF SIMILAR CONSTRUCT FOR AT  LEAST  ONE  ABUSE-
DETERRENT  OPIOID  ANALGESIC  DRUG  PRODUCT  PER OPIOID ANALGESIC ACTIVE
INGREDIENT.
  (1) COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC  DRUG
PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
COST-SHARING LEVEL APPLIED TO  BRAND  NAME  NON-ABUSE  DETERRENT  OPIOID
DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (2)  COST-SHARING  FOR  GENERIC  ABUSE-DETERRENT OPIOID ANALGESIC DRUG
PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
COST-SHARING  LEVEL  APPLIED TO GENERIC NON-ABUSE DETERRENT OPIOID DRUGS
COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (3) AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR  PRESCRI-
BERS  OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH THIS
SECTION.
  (B) ANY PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER  UTILIZATION  REVIEW
MEASURES  FOR  OPIOID  ANALGESICS, AND ANY SERVICE DENIALS MADE PURSUANT
THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT
ABUSE-DETERRENT PROPERTIES IN ORDER  TO  ACCESS  ABUSE-DETERRENT  OPIOID
ANALGESIC DRUG PRODUCTS.
  (C) DEFINITIONS. AS USED IN THIS SECTION:

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

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