S T A T E O F N E W Y O R K
________________________________________________________________________
1393--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL, SANTABARBARA -- read once and
referred to the Committee on Insurance -- recommitted to the Committee
on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the insurance law, in relation to requiring health
insurers to provide coverage for opioid antagonists and devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 39 to read as follows:
(39) (A) (I) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
DRUGS SHALL INCLUDE COVERAGE FOR AT LEAST ONE OPIOID ANTAGONIST AND
DEVICE. PRIOR AUTHORIZATION MAY BE REQUIRED FOR NON-GENERIC FORMS OF
OPIOID ANTAGONISTS AND DEVICES.
(II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS A
DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
EFFECTS OF AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH
FOR SUCH PURPOSE.
(B) THE COVERAGE MANDATED BY THIS PARAGRAPH SHALL INCLUDE OPIOID
ANTAGONISTS PRESCRIBED OR DISPENSED VIA STANDING ORDER OR COLLABORATIVE
PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
(C) A POLICY SHALL NOT IMPOSE A DEDUCTIBLE, CO-INSURANCE, CO-PAYMENT,
OR ANY OTHER COST-SHARING REQUIREMENT ON SUCH COVERAGE PROVIDED PURSUANT
TO THIS PARAGRAPH.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 7-c to read as follows:
(7-C) (A) (I) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION
DRUGS SHALL INCLUDE COVERAGE FOR AT LEAST ONE OPIOID ANTAGONIST AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01316-03-4
A. 1393--A 2
DEVICE. PRIOR AUTHORIZATION MAY BE REQUIRED FOR NON-GENERIC FORMS OF
OPIOID ANTAGONISTS AND DEVICES.
(II) AS USED IN THIS PARAGRAPH "OPIOID ANTAGONIST AND DEVICE" MEANS A
DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
EFFECTS OF AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH
FOR SUCH PURPOSE.
(B) THE COVERAGE MANDATED BY THIS PARAGRAPH SHALL INCLUDE OPIOID
ANTAGONISTS PRESCRIBED OR DISPENSED VIA STANDING ORDER OR COLLABORATIVE
PRACTICE AGREEMENT INTENDED FOR USE ON PATIENTS OTHER THAN THE INSURED.
(C) A GROUP OR BLANKET POLICY SUBJECT TO THIS PARAGRAPH SHALL NOT
IMPOSE A DEDUCTIBLE, CO-INSURANCE, CO-PAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON SUCH COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (vv) to read as follows:
(VV) (1) (A) EVERY POLICY THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE,
OR DELIVERED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL INCLUDE COVERAGE FOR AT
LEAST ONE OPIOID ANTAGONIST AND DEVICE. PRIOR AUTHORIZATION MAY BE
REQUIRED FOR NON-GENERIC FORMS OF OPIOID ANTAGONISTS AND DEVICES.
(B) AS USED IN THIS SUBSECTION "OPIOID ANTAGONIST AND DEVICE" MEANS A
DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
EFFECTS OF AN OPIOID IN THE BODY. "OPIOID ANTAGONIST" SHALL BE LIMITED
TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH
FOR SUCH PURPOSE.
(2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE A DEDUCT-
IBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
SUCH COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
§ 4. This act shall take effect immediately and shall apply to poli-
cies and contracts issued, renewed, modified, altered or amended on or
after such effective date.