Assembly Bill A62

2023-2024 Legislative Session

Limits the substitution of abuse-deterrent analgesic opioid drug products for analgesic opioids lacking such technology

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A62 (ACTIVE) - Details

See Senate Version of this Bill:
S6332
Current Committee:
Assembly Insurance
Law Section:
Public Health Law
Laws Affected:
Amd §273, Pub Health L; add §3216-a, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6397
2021-2022: A4667, S4532

2023-A62 (ACTIVE) - Summary

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse.

2023-A62 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    62
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  the  use  of abuse-deterrent technology for opioids as a mechanism
   for reducing abuse and diversion of opioid drugs

   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.  ANY PRIOR AUTHORIZATION REQUIREMENTS FOR OPIOID ANALGESIC AND ANY
 SERVICE DENIALS MADE PURSUANT THERETO SHALL NOT REQUIRE  USE  OF  OPIOID
 ANALGESIC   DRUG  PRODUCTS  WITHOUT  ABUSE-DETERRENT  PROPERTIES  BEFORE
 AUTHORIZING THE USE OF ABUSE-DETERRENT OPIOID ANALGESIC DRUG PRODUCTS.
   § 2. The insurance law is amended by adding a new  section  3216-a  to
 read as follows:
   § 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
 ANCE  CARRIER  OR  HEALTH  PLAN SHALL PROVIDE COVERAGE ON ITS FORMULARY,
 DRUG LIST OR OTHER LISTS OF SIMILAR CONSTRUCT FOR AT  LEAST  ONE  ABUSE-
 DETERRENT  OPIOID  ANALGESICS  DRUG PRODUCT PER OPIOID ANALGESICS ACTIVE
 INGREDIENT.
   (1) COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC  DRUG
 PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
 COST-SHARING LEVEL APPLIED TO  BRAND  NAME  NON-ABUSE  DETERRENT  OPIOID
 DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
   (2)  COST-SHARING  FOR  GENERIC  ABUSE-DETERRENT OPIOID ANALGESIC DRUG
 PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
 COST-SHARING  LEVEL  APPLIED TO GENERIC NON-ABUSE DETERRENT OPIOID DRUGS
 COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01769-01-3
 A. 62                               2
              

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