Senate Bill S6332

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 Senate Committee Health 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-S6332 (ACTIVE) - Details

See Assembly Version of this Bill:
A62
Current Committee:
Senate Health
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: S4532, A4667

2023-S6332 (ACTIVE) - Summary

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

2023-S6332 (ACTIVE) - Sponsor Memo

2023-S6332 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6332
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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.
   (3)  AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR PRESCRI-
 BERS OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH  THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01769-01-3
              

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