S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9580
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   preferred  drug  program  from  restricting  or imposing delays in the
   distribution of antiretroviral prescription drugs to certain  persons;
   to  amend  the social services law, in relation to prohibiting managed
   care programs from restricting or imposing delays in the  distribution
   of  antiretroviral prescription drugs to certain persons; and to amend
   the insurance law, in relation to prohibiting insurers from  restrict-
   ing   or   imposing  delays  in  the  distribution  of  antiretroviral
   prescription drugs to certain persons
 
   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.  NO  PRIOR AUTHORIZATION, STEP THERAPY, OR ANY OTHER PROTOCOL THAT
 COULD RESTRICT OR DELAY THE DISPENSING OF THE DRUG SHALL BE REQUIRED FOR
 ANTIRETROVIRAL PRESCRIPTION DRUGS PRESCRIBED TO  A  PERSON  IN  A  STATE
 PUBLIC  HEALTH PLAN FOR THE TREATMENT OR PREVENTION OF THE HUMAN IMMUNO-
 DEFICIENCY VIRUS (HIV) OR ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).
   § 2. Section 364-j of the social services law is amended by  adding  a
 new subdivision 26-d to read as follows:
   26-D.  MANAGED  CARE  PROVIDERS  SHALL  NOT  SUBJECT AN ANTIRETROVIRAL
 PRESCRIPTION DRUG PRESCRIBED TO A PERSON FOR THE TREATMENT OR PREVENTION
 OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) OR  ACQUIRED  IMMUNODEFICIENCY
 SYNDROME  (AIDS)  TO A PRIOR AUTHORIZATION REQUIREMENT, STEP THERAPY, OR
 ANY OTHER PROTOCOL THAT COULD RESTRICT OR DELAY THE  DISPENSING  OF  THE
 DRUG.
   § 3. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 36 to read as follows:
   (36)  NO POLICY THAT PROVIDES COVERAGE FOR ANTIRETROVIRAL PRESCRIPTION
 DRUGS PRESCRIBED FOR THE TREATMENT OR PREVENTION OF THE HUMAN  IMMUNODE-
 FICIENCY  VIRUS (HIV) OR ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) SHALL
 SUBJECT SUCH DRUGS TO PRIOR AUTHORIZATION REQUIREMENT, STEP THERAPY,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14725-01-2
 A. 9580                             2
 
 ANY  OTHER  PROTOCOL  THAT COULD RESTRICT OR DELAY THE DISPENSING OF THE
 DRUG.
   § 4. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS  STATE THAT PROVIDES COVERAGE FOR ANTIRETROVIRAL PRESCRIPTION DRUGS
 FOR THE TREATMENT OR PREVENTION  OF  THE  HUMAN  IMMUNODEFICIENCY  VIRUS
 (HIV)  OR  ACQUIRED  IMMUNODEFICIENCY  SYNDROME (AIDS) SHALL NOT SUBJECT
 SUCH DRUG TO A PRIOR AUTHORIZATION REQUIREMENT,  STEP  THERAPY,  OR  ANY
 OTHER PROTOCOL THAT COULD RESTRICT OR DELAY THE DISPENSING OF THE DRUG.
   §  5.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) ANY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION, A
 HOSPITAL SERVICE CORPORATION  OR  A  HEALTH  SERVICES  CORPORATION  THAT
 PROVIDES  COVERAGE  FOR ANTIRETROVIRAL PRESCRIPTION DRUGS FOR THE TREAT-
 MENT OR PREVENTION OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) OR ACQUIRED
 IMMUNODEFICIENCY SYNDROME (AIDS) SHALL NOT SUBJECT SUCH DRUG TO A  PRIOR
 AUTHORIZATION  REQUIREMENT,  STEP  THERAPY,  OR  ANY OTHER PROTOCOL THAT
 COULD RESTRICT OR DELAY THE DISPENSING OF THE DRUG.
   § 6. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that sections three, four and five of this act shall apply to all cover-
 age, contracts or policies issued, reissued, renewed, modified,  altered
 or amended on or after such effective date; and provided further, howev-
 er, that the amendments to section 364-j of the social services law made
 by  section two of this act, shall not affect the repeal of such section
 and shall be deemed repealed  therewith.    Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.