NY State Senate Bill 2021-S7692

Senate Bill S7692

Signed By Governor

2021-2022 Legislative Session

Relates to the satisfaction of requirements for an explanation of benefits for certain pharmaceutical claims

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2022	signed chap.143 delivered to governor
Mar 15, 2022	returned to senate passed assembly ordered to third reading cal.477 substituted for a8713
Jan 12, 2022	referred to insurance delivered to assembly passed senate
Jan 10, 2022	ordered to third reading cal.20
Jan 07, 2022	referred to rules

Votes

- Jan 12, 2022 - Floor Vote
  S7692
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 12, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jan 18, 2022 - Rules Committee Vote
  S7692
  
  13
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 18, 2022
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (2)
      
      Boyle
      
      Lanza
  Jan 10, 2022 - Rules Committee Vote
  S7692
  
  13
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 10, 2022
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (2)
      
      Boyle
      
      Lanza

2021-S7692 (ACTIVE) - Details

See Assembly Version of this Bill:: A8713
Law Section:: Insurance Law
Laws Affected:: Amd §3244, Ins L; amd §2, Chap of 2021 (as proposed in S.7075 & A.3516)

2021-S7692 (ACTIVE) - Summary

Relates to the satisfaction of requirements for an explanation of benefits for certain pharmaceutical claims.

2021-S7692 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7692

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to the satisfaction of
requirements for an explanation of benefits for certain pharmaceutical
claims; and to amend a chapter of the laws of 2021 amending the insur-
ance law relating to requiring insurers to provide insureds or subscrib-
ers with an explanation of pharmaceutical benefits relating to claims
under certain accident and health insurance policies, as proposed in
legislative bills numbers S. 7075 and A. 3516, in relation to the effec-
tiveness thereof

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2021,
c.978.

 
SUMMARY OF PROVISIONS:

The underlying chapter requires health plans to give members an explana-

tion of pharmaceutical benefits. This chapter amendment clarifies the
way to satisfy the requirement. Plans can either send the member a quar-
terly written summary or make the information available in the online
member portal. This amendment also changes the effective date of the
underlying chapter to January 1, 2022.  Initially, the effective date
was 60 days after becoming law.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter since,
as written, it would have required plans to send the explanation each
time a consumer would fill or refill a prescription.  The changes
proposed by the Executive would allow plans to send the explanation
quarterly and allow delivery of such information either by mail or elec-
tronically according to the consumer's choice and consent.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 978 of the Laws of 2021. S.7075 and A.3516
both passed the Senate and Assembly in June and May of 2021, respective-
ly.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the insurance law
relating to requiring insurers to provide insureds or subscribers with
an explanation of pharmaceutical benefits relating to claims under
certain accident and health insurance policies, as proposed in legisla-
tive bills numbers S.7075 and A.3516, takes effect.

2021-S7692 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7692
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to  the  satisfaction  of
   requirements for an explanation of benefits for certain pharmaceutical
   claims; and to amend a chapter of the laws of 2021 amending the insur-
   ance  law  relating  to  requiring  insurers  to  provide  insureds or
   subscribers with an explanation of pharmaceutical benefits relating to
   claims under  certain  accident  and  health  insurance  policies,  as
   proposed in legislative bills numbers S. 7075 and A. 3516, in relation
   to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3244 of the insurance law, as renumbered by a chap-
 ter of the laws of 2021 amending the insurance law relating to requiring
 insurers to provide insureds or subscribers with an explanation of phar-
 maceutical benefits relating to claims under certain accident and health
 insurance policies, as proposed in legislative bills numbers  S.    7075
 and  A.  3516,  is  amended  by  adding  a new subsection (e) to read as
 follows:
   (E) THE PROVISIONS OF THIS SECTION REQUIRING AN EXPLANATION  OF  BENE-
 FITS FORM FOR PHARMACEUTICAL CLAIMS SHALL BE SATISFIED BY EITHER A QUAR-
 TERLY WRITTEN SUMMARY OF THE INFORMATION PRESCRIBED BY SUBSECTION (B) OF
 THIS  SECTION  OR BY MAKING SUCH INFORMATION AVAILABLE ELECTRONICALLY ON
 THE MEMBER PORTAL OF THE INSURER'S, HEALTH  MAINTENANCE  ORGANIZATION'S,
 OR  ARTICLE FORTY-THREE ORGANIZATION'S WEBSITE, PROVIDED THAT THE MEMBER
 CONSENTS TO RECEIVING THE INFORMATION ELECTRONICALLY.
   § 2. Section 2 of a chapter of the laws of 2021 amending the insurance
 law relating to requiring insurers to provide  insureds  or  subscribers
 with  an explanation of pharmaceutical benefits relating to claims under
 certain accident and health insurance policies, as proposed in  legisla-
 tive bills numbers S. 7075 and A. 3516, is amended to read as follows:
   §  2.  This  act shall take effect [on the sixtieth day after it shall
 have become a law] JANUARY 1, 2022 and shall apply to all  claims  filed
 on  and  after  such effective date. Effective immediately the addition,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01845-02-2
 S. 7692                             2
 
 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 date.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as a chapter of the laws of 2021 amending the insurance law
 relating to requiring insurers to provide insureds or  subscribers  with
 an  explanation  of  pharmaceutical  benefits  relating  to claims under
 certain accident and health insurance policies, as proposed in  legisla-
 tive bills numbers S. 7075 and A. 3516, takes effect.

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