Do you support this bill?

Assembly Bill A3935

2021-2022 Legislative Session

Relates to off-label drug usage

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2021-A3935 (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L; amd §280-a, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A9115

2021-A3935 (ACTIVE) - Summary

Requires insurers and pharmacy benefit managers provide coverage for off-label drug usage in certain circumstances.

2021-A3935 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3935
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law and the public health law, in relation
   to off-label drug usage
 
   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 3114
 to read as follows:
   § 3114. OFF-LABEL DRUG USAGE. (A) AS USED IN THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (1) "MEDICAL LITERATURE" MEANS PUBLISHED SCIENTIFIC STUDIES  PUBLISHED
 IN ANY PEER-REVIEWED NATIONAL PROFESSIONAL JOURNAL.
   (2) "STANDARD REFERENCE COMPENDIA" MEANS:
   (A) THE UNITED STATES PHARMACOPEIA DRUG INFORMATION;
   (B) THE AMERICAN MEDICAL ASSOCIATION DRUG EVALUATIONS;
   (C) THE AMERICAN HOSPITAL FORMULARY SERVICE DRUG INFORMATION;
   (D)  THE  NATIONAL  COMPREHENSIVE  CANCER  NETWORK DRUGS AND BIOLOGICS
 COMPENDIUM;
   (E) THE THOMSON MICROMEDEX DRUGDEX; OR
   (F) THE GOLD STANDARD/ELSEVIER CLINICAL PHARMACOLOGY.
   (B) (1) ANY CONTRACT OR OTHER ARRANGEMENT ENTERED  INTO  BY  A  HEALTH
 INSURER  OFFERING  HEALTH  INSURANCE  UNDER  THIS  CHAPTER THAT PROVIDES
 COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF ANY SUCH DRUG FOR A PARTIC-
 ULAR INDICATION ON THE GROUND THAT THE DRUG HAS NOT BEEN APPROVED BY THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION FOR THAT INDICATION,  IF  THE
 DRUG  IS RECOGNIZED FOR TREATMENT OF THE INDICATION IN ONE OF THE STAND-
 ARD REFERENCE COMPENDIA, IN THE MEDICAL LITERATURE OR HAS BEEN  SUCCESS-
 FULLY  USED  FOR  TREATMENT PREVIOUSLY BY THE INSURED FOR THE SAME INDI-
 CATION; PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS  SECTION  SHALL  BE
 CONSTRUED TO AUTHORIZE THE COMMISSIONER OF HEALTH TO APPROVE ANY DRUG OR
 DIRECT  ANY  PERSON THAT ISSUES AN INSURANCE POLICY TO MAKE PAYMENTS FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.