Senate Bill S8423

2021-2022 Legislative Session

Prohibits the preferred drug program, managed care programs and insurers from restricting or imposing delays in the distribution of antiretroviral prescription drugs prescribed to a person for HIV or AIDS

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Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S8423 (ACTIVE) - Details

See Assembly Version of this Bill:
A9580
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §273, Pub Health L; amd §364-j, Soc Serv L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2023-2024 Legislative Session:
S1001, A1619

2021-S8423 (ACTIVE) - Summary

Prohibits the preferred drug program, managed care programs and insurers from restricting or imposing delays in the distribution of antiretroviral prescription drugs prescribed to a person for the treatment or prevention of the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).

2021-S8423 (ACTIVE) - Sponsor Memo

2021-S8423 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8423
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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.
              

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