S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5877
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. JOYNER, COOK, LAVINE, GALEF -- Multi-Sponsored by
   -- M. of A.  McDONOUGH, SIMON -- read once and referred to the Commit-
   tee on Insurance
 
 AN  ACT  to  amend  the  general business law, in relation to mail order
   pharmacies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 40 to read as follows:
                                ARTICLE 40
                           MAIL ORDER PHARMACIES
 SECTION 900. LEGISLATIVE FINDINGS AND DECLARATIONS; PURPOSES.
         901. DEFINITIONS.
         902. PROHIBITED CONDUCT.
         903. ACTION TO RECOVER DAMAGES BY AN ENROLLEE.
         904. VIOLATIONS.
         905. ENFORCEMENT BY ATTORNEY GENERAL.
         906. APPLICABILITY.
   §  900. LEGISLATIVE FINDINGS AND DECLARATIONS; PURPOSES. 1. THE LEGIS-
 LATURE FINDS AND DECLARES THAT:
   (A) THE NUMBER OF AMERICANS WHO ARE PRESCRIBED THREE OR  MORE  MEDICA-
 TIONS  IS GROWING AT AN ALARMING RATE, WITH APPROXIMATELY TEN PERCENT OF
 THE POPULATION TAKING FIVE OR MORE PRESCRIPTION MEDICATIONS. THESE AMER-
 ICANS FACE MANY CHALLENGES WHEN THEY ARE REQUIRED  TO  RECEIVE  SOME  OF
 THEIR  PRESCRIPTIONS  FROM  A  MAIL ORDER PHARMACY WHILE RECEIVING OTHER
 PRESCRIPTIONS FROM A LOCAL RETAIL PHARMACY.   THESE  CHALLENGES  INCLUDE
 THE DISCOVERY OF POTENTIAL ADVERSE INTERACTIONS AMONG THEIR PRESCRIPTION
 DRUGS,  COMPREHENSIVE  COUNSELING,  THE  COORDINATION  AND TIMING OF THE
 RECEIPT OF PRESCRIPTIONS, AND THE ABILITY TO KEEP INFORMATION  REGARDING
 THEIR MEDICAL CONDITION OR CONDITIONS PRIVATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03930-01-1
              

 A. 5877                             2
 
   (B)  AMERICANS  WITH  MULTIPLE PRESCRIPTIONS BENEFIT FROM THE SERVICES
 PROVIDED BY A LOCAL RETAIL PHARMACY BECAUSE SUCH LOCAL SOURCE  WILL  NOT
 ONLY  BE ABLE TO DETERMINE IF THERE ARE ANY HARMFUL OR POTENTIALLY HARM-
 FUL DRUG INTERACTIONS  BUT  CAN  ALSO  PROVIDE  IMMEDIATE  FACE-TO-FACE,
 CONFIDENTIAL  COUNSELING  TO THE PATIENT REGARDING ANY AND ALL OF HIS OR
 HER PRESCRIBED DRUGS. FOR PATIENTS WHO ARE ENROLLED  IN  A  PRESCRIPTION
 BENEFIT  PLAN,  ENSURING  THAT  THE PLAN'S NETWORK INCLUDES LOCAL RETAIL
 PHARMACIES HAS  BECOME  OF  GREAT  IMPORTANCE.  MANDATING  THAT  CERTAIN
 PRESCRIPTIONS MUST BE FILLED BY A MAIL ORDER PHARMACY IS NOT IN THE BEST
 INTEREST   OF   ALL   PRESCRIPTION   BENEFIT  PLAN  ENROLLEES  AND  SUCH
 PRESCRIPTION BENEFIT PLAN ENROLLEES SHOULD BE GIVEN THE CHOICE REGARDING
 WHERE A PRESCRIPTION WILL BE FILLED.
   (C)  MANY  AMERICANS  WISH  TO  KEEP   INFORMATION   REGARDING   THEIR
 PRESCRIPTIONS  AND HEALTH CONDITIONS PRIVATE. SOME AMERICANS WILL CHOOSE
 TO DISCLOSE INFORMATION TO THEIR FAMILY, WHILE OTHERS MAY CHOOSE NOT  TO
 DISCLOSE ANY INFORMATION TO ANY PERSON. MANY PEOPLE KNOW THAT MEDICATION
 USED  TO  TREAT CHRONIC, COMPLEX OR RARE CONDITIONS IS DISPENSED BY MAIL
 ORDER PHARMACIES, NOT LOCAL RETAIL PHARMACIES. AS PART OF THEIR BUSINESS
 MODEL, MAIL ORDER PHARMACIES ENGAGE THE SERVICES OF  THIRD-PARTY  COMMON
 CARRIERS  TO DELIVER PRESCRIPTIONS. THIS CAN LEAD TO INADVERTENT DISCLO-
 SURE OF AND CONJECTURE REGARDING  PRIVATE  INFORMATION  TO  SUCH  COMMON
 CARRIERS'  EMPLOYEES,  AS WELL AS THE RECIPIENT'S NEIGHBORS WHO MAY NOTE
 THE REGULAR DELIVERIES OF PRESCRIPTION  MEDICATIONS  TO  THE  RECIPIENT,
 ESPECIALLY IF THE PACKAGES ARE LEFT AT THE RECIPIENT'S DOOR.
   (D) WHILE PRESCRIPTION BENEFIT PLANS HAVE NOT FORECLOSED THE POSSIBIL-
 ITY  FOR  A  LOCAL NETWORK RETAIL PHARMACY TO DISPENSE SPECIALTY MEDICA-
 TIONS, MANY OF THESE PLANS WILL NOT ALLOW A LOCAL NETWORK RETAIL PHARMA-
 CY  TO  DISPENSE  SUCH  PRESCRIPTIONS  UNLESS  THE  PHARMACY  AGREES  TO
 ADDITIONAL  CONTRACTUAL TERMS AND CONDITIONS. MANY SPECIALTY MEDICATIONS
 DO NOT REQUIRE ANY ADDITIONAL OR SPECIAL SERVICES FOR PROPER DISPENSING;
 THEY HAVE BEEN DEEMED TO BE SPECIALTY  PRESCRIPTIONS  BECAUSE  THEY  ARE
 EXPENSIVE.  WHILE  THESE ADDITIONAL TERMS AND CONDITIONS MAKE SENSE WHEN
 THERE IS NO POSSIBILITY FOR FACE-TO-FACE INTERACTIONS BETWEEN A  PHARMA-
 CIST AND THE PATIENT, THEY PRESENT AN UNDUE BURDEN TO LOCAL RETAIL PHAR-
 MACIES SEEKING TO DISPENSE SPECIALTY MEDICATIONS.
   (E)  REQUIRING  PRESCRIPTION  BENEFIT PLAN ENROLLEES TO REMIT A HIGHER
 CO-PAYMENT OR PAY THE FULL RETAIL  PRICE  FOR  A  PRESCRIPTION  THAT  IS
 DISPENSED  BY  A NETWORK RETAIL PHARMACY INSTEAD OF A NETWORK MAIL ORDER
 PHARMACY IS NOT IN THE BEST INTEREST OF SUCH ENROLLEES AS IT EFFECTIVELY
 FORCES AN ENROLLEE TO USE ONLY MAIL  ORDER  PRESCRIPTION  PHARMACIES  BY
 MAKING ALL ALTERNATIVES COST PROHIBITIVE.
   (F)  SIMILARLY,  REQUIRING LOCAL NETWORK RETAIL PHARMACIES TO ACCEPT A
 LOWER PAYMENT FOR DISPENSING SPECIALTY PRESCRIPTION DRUGS IS NOT IN  THE
 BEST  INTEREST  OF  THE PRESCRIPTION BENEFIT PLAN'S ENROLLEES BECAUSE IT
 MAY BECOME FINANCIALLY DIFFICULT FOR A NETWORK RETAIL PHARMACY TO REMAIN
 IN THE PRESCRIPTION BENEFIT PLAN'S NETWORK. THE RESULT OF THIS  PRACTICE
 IS  THE  COMPLETE  ELIMINATION  OF OR A REDUCTION IN THE NUMBER OF LOCAL
 NETWORK RETAIL PHARMACIES AVAILABLE TO PRESCRIPTION BENEFIT PLAN  ENROL-
 LEES.
   2.  THE  LEGISLATURE  DECLARES  THAT  IT IS THE EXPRESS POLICY OF THIS
 STATE TO SAFEGUARD THE PUBLIC AGAINST INADVERTENT DISCLOSURE OF  MEDICAL
 CONDITIONS, UNNECESSARY COMPLEXITY IN OBTAINING PRESCRIPTION MEDICATIONS
 AND FINANCIAL HARDSHIP, AND TO FOSTER AND ENCOURAGE COMPETITION AND FAIR
 DEALING   IN   THE  FIELD  OF  PHARMACEUTICAL  SERVICES  BY  PROHIBITING
 PRESCRIPTION BENEFIT PLANS FROM REQUIRING THAT CERTAIN PRESCRIPTIONS  BE
 FILLED  BY  A  NETWORK MAIL ORDER PHARMACY, HARMFUL FINANCIAL PRACTICES,

 A. 5877                             3
 
 AND OTHER UNFAIR PRACTICES THAT HAVE BEEN CONDUCTED BY SOME PRESCRIPTION
 BENEFIT PLANS.
   3.  THE  LEGISLATURE FURTHER FINDS THAT PRESCRIPTION BENEFIT PLANS MAY
 HAVE A SIGNIFICANT IMPACT UPON THE ECONOMY AND WELL-BEING OF THIS  STATE
 AND  ITS LOCAL COMMUNITIES, AND THEREFORE THE PROVISIONS OF THIS ARTICLE
 ARE NECESSARY TO PROMOTE THE PUBLIC WELFARE.
   4. THE INTENT AND PURPOSES OF THIS ARTICLE ARE TO PROVIDE PRESCRIPTION
 BENEFIT PLAN ENROLLEES WITH THE ABILITY TO  CHOOSE  WHETHER  TO  FILL  A
 PRESCRIPTION  AT A LOCAL NETWORK RETAIL PHARMACY OR A NETWORK MAIL ORDER
 PHARMACY WITHOUT INCURRING ADDITIONAL COSTS FOR CHOOSING TO  HAVE  THEIR
 PRESCRIPTIONS  FILLED BY A LOCAL NETWORK RETAIL PHARMACY; TO PROVIDE ALL
 NETWORK RETAIL PHARMACIES WITH THE ABILITY TO CONTRACT WITH PRESCRIPTION
 BENEFIT PLANS TO DISPENSE PRESCRIPTIONS THAT HAVE BEEN DEEMED TO BE MAIL
 ORDER PRESCRIPTIONS  BY  THE  PHARMACY  BENEFIT  MANAGER  WITHOUT  BEING
 REQUIRED  TO  AGREE  TO ADDITIONAL CONTRACTUAL TERMS AND CONDITIONS THAT
 ARE APPLICABLE TO MAIL ORDER PHARMACIES WHERE THERE IS  NO  FACE-TO-FACE
 INTERACTION  WITH PRESCRIPTION BENEFIT PLAN ENROLLEES, SUCH AS A TWENTY-
 FOUR HOUR CUSTOMER SERVICE HOTLINE; AND TO  ENSURE  THAT  LOCAL  NETWORK
 RETAIL   PHARMACIES   ARE   NOT   MONETARILY  PENALIZED  FOR  DISPENSING
 PRESCRIPTIONS THAT  THE  PHARMACY  BENEFIT  MANAGER  HAS  DEEMED  TO  BE
 SPECIALTY  DRUG PRESCRIPTIONS REQUIRING DISPENSING BY A MAIL ORDER PHAR-
 MACY.
   § 901. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "MAIL ORDER PHARMACY" SHALL MEAN A PHARMACY WHOSE PRIMARY  BUSINESS
 IS  TO  RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX OR THROUGH ELECTRONIC
 SUBMISSIONS AND TO DISPENSE MEDICATION TO PATIENTS THROUGH  THE  USE  OF
 THE  UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES AND
 PROVIDE ANY CONSULTATION WITH PATIENTS ELECTRONICALLY RATHER THAN  FACE-
 TO-FACE.
   2.  "RETAIL  PHARMACY" SHALL MEAN A PHARMACY WHOSE PRIMARY BUSINESS IS
 TO RECEIVE PRESCRIPTIONS DIRECTLY FROM PATIENTS  OR  THROUGH  ELECTRONIC
 SUBMISSIONS  AND TO DISPENSE MEDICATION DIRECTLY TO PATIENTS AND PROVIDE
 FACE-TO-FACE CONSULTATION WITH PATIENTS. FOR PURPOSES OF  THIS  SUBDIVI-
 SION,  THE TERM "PATIENT" SHALL INCLUDE A PERSON WHO IS ACTING ON BEHALF
 OF A PATIENT.
   3. "PRESCRIPTION BENEFIT PLAN" SHALL MEAN ANY BENEFIT PLAN OTHER  THAN
 A  STATE PUBLIC HEALTH PLAN, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
 TWO HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW,  OR  AN  EMPLOYEE  WELFARE
 BENEFIT  PLAN,  AS DEFINED IN SUBSECTION ONE OF SECTION ONE THOUSAND TWO
 OF THE UNITED  STATES  CODE,  THAT  PROVIDES  PRESCRIPTION  BENEFITS,  A
 GOVERNMENTAL  PLAN,  AS  DEFINED IN SUBSECTION THIRTY-TWO OF SECTION ONE
 THOUSAND TWO OF THE UNITED STATES CODE, A CHURCH  PLAN,  AS  DEFINED  IN
 SUBSECTION THIRTY-THREE OF SECTION ONE THOUSAND TWO OF THE UNITED STATES
 CODE,  OR  A PLAN IS MAINTAINED SOLELY FOR THE PURPOSE OF COMPLYING WITH
 APPLICABLE WORKERS' COMPENSATION LAWS OR  UNEMPLOYMENT  COMPENSATION  OR
 DISABILITY  INSURANCE  LAWS, THAT INCLUDES PRESCRIPTION DRUG BENEFITS TO
 ENROLLEES AND THEIR DEPENDENTS.
   4. "SPECIALTY PRESCRIPTION DRUG" SHALL MEAN A PRESCRIPTION  DRUG  THAT
 IS  USED  TO TREAT A CHRONIC, COMPLEX OR RARE CONDITION, HAS BEEN DESIG-
 NATED IN THE  PRESCRIPTION  BENEFIT  PLAN'S  FORMULARY  AS  A  SPECIALTY
 PRESCRIPTION  DRUG, AND WILL ONLY BE COVERED BY THE PRESCRIPTION BENEFIT
 PLAN IF IT IS DISPENSED BY A NETWORK MAIL ORDER PHARMACY OR  AN  AUTHOR-
 IZED NETWORK RETAIL PHARMACY.
   5.  "NETWORK" SHALL MEAN A MAIL ORDER PHARMACY OR RETAIL PHARMACY THAT
 PARTICIPATES IN A PRESCRIPTION BENEFIT PLAN.

 A. 5877                             4

   6. "MAIL ORDER PRESCRIPTION" SHALL MEAN ANY PRESCRIPTION DRUG, INCLUD-
 ING,  BUT  NOT  LIMITED  TO  SPECIALTY  PRESCRIPTION   DRUGS,   THAT   A
 PRESCRIPTION BENEFIT PLAN REQUIRES BE FILLED BY A MAIL ORDER PHARMACY OR
 AN  AUTHORIZED  NETWORK  RETAIL  PHARMACY  IN  ORDER  FOR SUCH DISPENSED
 PRESCRIPTION TO BE COVERED BY SUCH PLAN.
   7.  "PRESCRIPTION  BENEFIT PLAN ENROLLEE" OR "ENROLLEE" SHALL MEAN THE
 PERSON WHO IS ENROLLED IN THE PRESCRIPTION BENEFIT PLAN AND HIS  OR  HER
 SPOUSE AND DEPENDENT CHILDREN WHO ARE ENROLLED IN THE PRESCRIPTION BENE-
 FIT PLAN AS DEPENDENTS OF SUCH PERSON.
   8.  "AUTHORIZED  NETWORK RETAIL PHARMACY" SHALL MEAN A RETAIL PHARMACY
 THAT, WHEN USED BY A MEMBER TO FILL  A  MAIL  ORDER  PRESCRIPTION,  SUCH
 PRESCRIPTION  WILL  BE COVERED BY THE MEMBER'S PRESCRIPTION BENEFIT PLAN
 AS IF SUCH PHARMACY WAS A MAIL ORDER PHARMACY.
   § 902. PROHIBITED CONDUCT. 1. NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE  CONTRARY,  IT  SHALL BE UNLAWFUL FOR A PRESCRIPTION BENEFIT PLAN TO
 REQUIRE  AN  ENROLLEE  OR  AN  ENROLLEE'S  DEPENDENT   TO   OBTAIN   ANY
 PRESCRIPTION DRUG FROM A NETWORK MAIL ORDER PHARMACY IN ORDER TO RECEIVE
 COVERAGE FROM SUCH PLAN FOR SUCH PRESCRIPTION.
   2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, IT SHALL BE
 UNLAWFUL FOR A PRESCRIPTION BENEFIT PLAN TO REQUIRE THAT AN ENROLLEE  OR
 AN  ENROLLEE'S  DEPENDENT  REMIT  A HIGHER CO-PAYMENT FOR A PRESCRIPTION
 WHEN SUCH PRESCRIPTION IS DISPENSED BY A NETWORK RETAIL PHARMACY.
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE
 UNLAWFUL  FOR  A  PRESCRIPTION  BENEFIT PLAN TO REQUIRE A NETWORK RETAIL
 PHARMACY TO AGREE TO ADDITIONAL CONTRACTUAL TERMS AND CONDITIONS THAT GO
 BEYOND THE INDUSTRY STANDARD AND ARE NOT REASONABLE AND  RELEVANT  AS  A
 CONDITION  PRECEDENT  TO ALLOWING SUCH A RETAIL PHARMACY TO DISPENSE ANY
 PRESCRIPTION DRUG, INCLUDING MAIL ORDER PRESCRIPTION DRUGS, AS A NETWORK
 PROVIDER.
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE
 UNLAWFUL   FOR   A   MAIL  ORDER  PHARMACY  TO  AUTOMATICALLY  REFILL  A
 PRESCRIPTION BENEFIT  PLAN  ENROLLEE'S  PRESCRIPTION  WITHOUT  OBTAINING
 PERMISSION FOR SUCH AUTOMATIC REFILLS FROM SUCH ENROLLEE, OR IN THE CASE
 OF  AN  ENROLLEE'S  DEPENDENT  CHILD,  THE  ENROLLEE  OR CHILD'S PARENT;
 PROVIDED, HOWEVER, ANY PERMISSION GRANTED FOR  AUTOMATIC  REFILLS  SHALL
 EXPIRE  AFTER SIX MONTHS AND MAY BE RENEWED THEREAFTER FOR INTERVALS NOT
 TO EXCEED SIX MONTHS.
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE
 UNLAWFUL  FOR  ANY  MAIL  ORDER PHARMACY TO RETAIN AN ENROLLEE'S PAYMENT
 INFORMATION FOR FUTURE USE WITHOUT THE  CONSENT  OF  THE  ENROLLEE.  FOR
 PURPOSES  OF  THIS SUBDIVISION, PAYMENT INFORMATION INCLUDES, BUT IS NOT
 LIMITED TO, CREDIT CARD INFORMATION, DEBIT CARD  INFORMATION,  AND  BANK
 ACCOUNT INFORMATION.
   § 903. ACTION TO RECOVER DAMAGES BY AN ENROLLEE. 1. ANY PERSON INJURED
 BY  A  VIOLATION OF THIS ARTICLE MAY BRING AN ACTION FOR THE RECOVERY OF
 DAMAGES. JUDGMENT MAY BE ENTERED IN FAVOR OF SUCH PERSON  IN  AN  AMOUNT
 NOT  TO  EXCEED  THREE  TIMES THE ACTUAL DAMAGES OR ONE HUNDRED DOLLARS,
 WHICHEVER IS GREATER. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES  TO
 A PREVAILING PLAINTIFF.
   2.  NOTHING  IN  THIS  ARTICLE  SHALL BE CONSTRUED SO AS TO NULLIFY OR
 IMPAIR ANY RIGHT OR RIGHTS WHICH A PRESCRIPTION BENEFIT PLAN ENROLLEE OR
 SUCH ENROLLEE'S DEPENDENT MAY HAVE AGAINST A SELLER AT  COMMON  LAW,  BY
 STATUTE, OR OTHERWISE.
   §  904.  VIOLATIONS.  ANY  MAIL ORDER PHARMACY OR PRESCRIPTION BENEFIT
 PLAN, INCLUDING ITS EMPLOYEES AND AGENTS, THAT VIOLATES ANY PROVISION OF

 A. 5877                             5
 
 THIS ARTICLE, SHALL BE LIABLE FOR A CIVIL FINE OF NOT MORE THAN  TWENTY-
 FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
   § 905. ENFORCEMENT BY ATTORNEY GENERAL. IN ADDITION TO THE OTHER REME-
 DIES  PROVIDED,  WHENEVER  THERE  SHALL  BE A VIOLATION OF THIS ARTICLE,
 APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN  THE  NAME  OF  THE
 PEOPLE  OF  THE STATE TO A COURT HAVING JURISDICTION TO ISSUE AN INJUNC-
 TION, AND UPON NOTICE TO THE RESPONDENT OF NOT FEWER THAN FIVE DAYS,  TO
 ENJOIN AND RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT SHALL APPEAR
 TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
   § 906. APPLICABILITY.  THIS ARTICLE SHALL NOT APPLY  TO  ANY  EMPLOYEE
 WELFARE  BENEFIT PLAN, AS DEFINED IN SUBSECTION ONE OF SECTION ONE THOU-
 SAND TWO OF THE UNITED STATES CODE, THAT PROVIDES PRESCRIPTION BENEFITS,
 GOVERNMENTAL PLAN, AS DEFINED IN SUBSECTION THIRTY-TWO  OF  SECTION  ONE
 THOUSAND  TWO  OF  THE  UNITED  STATES  CODE, CHURCH PLAN, AS DEFINED IN
 SUBSECTION THIRTY-THREE OF SECTION ONE THOUSAND TWO OF THE UNITED STATES
 CODE, OR A PLAN IS MAINTAINED SOLELY FOR THE PURPOSE OF  COMPLYING  WITH
 APPLICABLE  WORKERS'  COMPENSATION  LAWS OR UNEMPLOYMENT COMPENSATION OR
 DISABILITY INSURANCE LAWS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall apply to contracts entered into, amended or
 renewed on and after such date.