senate Bill S6397

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 - Passed Senate


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2019 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.1329
Jun 07, 2019 referred to rules

Co-Sponsors

S6397 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Public Health Law
Laws Affected:
Amd §273, Pub Health L; add §3216-a, Ins L

S6397 (ACTIVE) - Summary

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

S6397 (ACTIVE) - Sponsor Memo

S6397 (ACTIVE) - Bill Text download pdf


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

                                  6397

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 7, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law and the insurance law, in relation
  to the use of abuse-deterrent 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. Section 273 of the public health law is amended by adding a
new subdivision 11 to read as follows:
  11. ANY PRIOR AUTHORIZATION REQUIREMENTS FOR OPIOID ANALGESIC AND  ANY
SERVICE  DENIALS  MADE  PURSUANT THERETO SHALL NOT REQUIRE USE OF OPIOID
ANALGESIC  DRUG  PRODUCTS  WITHOUT  ABUSE-DETERRENT  PROPERTIES   BEFORE
AUTHORIZING THE USE OF ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCTS.
  §  2.  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 ANALGESICS DRUG PRODUCT PER  OPIOID  ANALGESICS  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.

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

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