Senate Bill S4988

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4988
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 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   permitting
   prescription  refills  to be filled fifteen days prior to their refill
   date during a state disaster emergency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3242 of the insurance law is amended by adding a
 new subsection (c) to read as follows:
   (C) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLICY A
 PROCESS THAT ALLOWS AN INSURED, THE INSURED'S DESIGNEE, OR THE INSURED'S
 PRESCRIBING HEALTH CARE PROVIDER TO OBTAIN ANY CURRENT  PRESCRIPTION  OF
 THE  INSURED,  WITH  THE  EXCEPTION  OF  SCHEDULE  II  AND  SCHEDULE III
 CONTROLLED SUBSTANCES, FIFTEEN DAYS PRIOR TO THE SCHEDULED REFILL  DATE,
 AT  THE  SAME  LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION
 DRUG UPON THE DECLARATION OF A  STATE  DISASTER  EMERGENCY  PURSUANT  TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  2.  Section  4329  of  the insurance law is amended by adding a new
 subsection (c) to read as follows:
   (C) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLICY A
 PROCESS THAT ALLOWS AN INSURED, THE INSURED'S DESIGNEE, OR THE INSURED'S
 PRESCRIBING HEALTH CARE PROVIDER TO OBTAIN ANY CURRENT  PRESCRIPTION  OF
 THE  INSURED,  WITH  THE  EXCEPTION  OF  SCHEDULE  II  AND  SCHEDULE III
 CONTROLLED SUBSTANCES, FIFTEEN DAYS PRIOR TO THE SCHEDULED REFILL  DATE,
 AT  THE  SAME  LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION
 DRUG UPON THE DECLARATION OF A  STATE  DISASTER  EMERGENCY  PURSUANT  TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06933-01-1