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.
LBD14725-01-2
S. 8423 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.