S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4275
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law,  in  relation   to   permitting
   prescription  refills  to be filled fifteen days prior to their refill
   date during a state disaster emergency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (c)  of section 3242 of the insurance law, as
 added by chapter 793 of the laws of 2022, is relettered  subsection  (d)
 and a new subsection (e) is added to read as follows:
   (E)  EVERY  POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE THAT
 PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE  POLICY  A
 PROCESS THAT ALLOWS AN INSURED, THE INSURED'S DESIGNEE, OR THE INSURED'S
 PRESCRIBING  HEALTH  CARE PROVIDER TO OBTAIN ANY CURRENT PRESCRIPTION OF
 THE INSURED,  WITH  THE  EXCEPTION  OF  SCHEDULE  II  AND  SCHEDULE  III
 CONTROLLED  SUBSTANCES, FIFTEEN DAYS PRIOR TO THE SCHEDULED REFILL DATE,
 AT THE SAME LEVEL OF COVERAGE AS A NORMAL REFILL  OF  SUCH  PRESCRIPTION
 DRUG  UPON  THE  DECLARATION  OF  A STATE DISASTER EMERGENCY PURSUANT TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 2. Subsection (c) of section 4329 of the insurance law, as added  by
 chapter  793 of the laws of 2022, is relettered subsection (d) and a new
 subsection (e) is added to read as follows:
   (E) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS SHALL INCLUDE IN THE POLICY A
 PROCESS THAT ALLOWS AN INSURED, THE INSURED'S DESIGNEE, OR THE INSURED'S
 PRESCRIBING HEALTH CARE PROVIDER TO OBTAIN ANY CURRENT  PRESCRIPTION  OF
 THE  INSURED,  WITH  THE  EXCEPTION  OF  SCHEDULE  II  AND  SCHEDULE III
 CONTROLLED SUBSTANCES, FIFTEEN DAYS PRIOR TO THE SCHEDULED REFILL  DATE,
 AT  THE  SAME  LEVEL OF COVERAGE AS A NORMAL REFILL OF SUCH PRESCRIPTION
 DRUG UPON THE DECLARATION OF A  STATE  DISASTER  EMERGENCY  PURSUANT  TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08562-01-3