S T A T E O F N E W Y O R K
________________________________________________________________________
7178
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the public health law, in relation to establishing an
epinephrine auto-injector affordability program to provide low-cost
epinephrine auto-injectors; to amend the insurance law, in relation to
requiring coverage for epinephrine auto-injectors and capping the
co-pay or deductible for such at sixty dollars; and to amend the
general business law, in relation to making failure to comply with the
epinephrine auto-injectors affordability program a deceptive business
practice; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares
that:
Individuals who have moderate to severe allergies, severe asthma, or
genetic conditions such as angioedema are at risk of reactions that can
occur within seconds or minutes and that can lead to anaphylaxis, a
potentially fatal reaction.
Epinephrine works quickly to improve breathing, stimulate the heart,
raise dropping blood pressure, prevent airways from closing, prevent or
decrease shock, reverse hives, and reduce swelling of the face, lips,
and throat.
A delay in appropriate treatment for anaphylaxis almost certainly
contributes to death in individuals, so it is critical that all anaphy-
laxis reactions are treated as a medical emergency.
Epinephrine auto-injectors are essential because they are the easiest
and most efficient way to potentially save the life of an individual
exhibiting symptoms of or experiencing anaphylactic shock.
Rising costs of epinephrine auto-injectors make this life-saving medi-
cation difficult or impossible to obtain for many people, even those
with private health insurance or who are enrolled in a public health
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10504-01-3
S. 7178 2
benefit program. Many individuals are unable to afford an epinephrine
auto-injector because they cannot pay the copayment amount required
under their insurance plan or, if they are uninsured, the cost of an
epinephrine auto-injector; these individuals risk their lives every day
by not having access to this life-saving medicine if faced with an
allergic reaction.
Therefore, it is the intent of the general assembly to establish an
epinephrine auto-injector affordability program to ensure that New York
state residents have greater access to epinephrine.
§ 2. The public health law is amended by adding a new section 280-d to
read as follows:
§ 280-D. EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM. 1. AS USED
IN THIS SECTION:
(A) "EPINEPHRINE AUTO-INJECTOR DEVICE" MEANS A SINGLE-USE DEVICE USED
FOR THE AUTOMATIC INJECTION OF A PREMEASURED DOSE OF EPINEPHRINE INTO
THE HUMAN BODY, BASED ON THE WEIGHT OF THE PERSON WHO IS TO RECEIVE THE
INJECTION, FOR THE PURPOSE OF EMERGENCY TREATMENT OF A PERSON APPEARING
TO EXPERIENCE ANAPHYLACTIC SYMPTOMS APPROVED BY THE FOOD AND DRUG ADMIN-
ISTRATION.
(B) "MANUFACTURER" MEANS ANY PERSON OR BUSINESS ENTITY ENGAGED IN
MANUFACTURING OR PRODUCING EPINEPHRINE AUTO-INJECTORS THAT ARE AVAILABLE
FOR PURCHASE IN THIS STATE.
(C) "PHARMACY" MEANS ANY PLACE REGISTERED IN ACCORDANCE WITH SECTION
SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW IN WHICH DRUGS,
PRESCRIPTIONS OR POISONS ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING,
PRESERVING, DISPENSING OR RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR
POISONS ARE COMPOUNDED, PRESERVED, DISPENSED OR RETAILED, OR IN WHICH
SUCH DRUGS, PRESCRIPTIONS OR POISONS ARE BY ADVERTISING OR OTHERWISE
OFFERED FOR SALE AT RETAIL.
(D) "PROGRAM" MEANS THE EPINEPHRINE AUTO-INJECTOR AFFORDABILITY
PROGRAM CREATED IN SUBDIVISION TWO OF THIS SECTION.
(E) "PROOF OF RESIDENCY" MEANS A CURRENT AND VALID DOCUMENT THAT IS IN
ENGLISH, OR IS TRANSLATED INTO ENGLISH AND IS UNALTERED, AND THAT
INCLUDES THE INDIVIDUAL'S, OR IN THE CASE OF A MINOR, THE MINOR'S PARENT
OR LEGAL GUARDIAN, PRINTED NAME AND RESIDENTIAL ADDRESS. DOCUMENTS THAT
MAY BE USED FOR PROOF OF RESIDENCY ARE:
(I) A NEW YORK-ISSUED DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
CARD ISSUED PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTEEN-A OF TITLE
FOUR OF THE VEHICLE AND TRAFFIC LAW, AS ADDED BY CHAPTER TWO HUNDRED
NINETY-FIVE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-THREE;
(II) A PRINTED BILL, INCLUDING A UTILITY, TELEPHONE, INTERNET, CABLE,
INSURANCE, MORTGAGE, RENT, WASTE DISPOSAL, WATER OR SEWER, MEDICAL, OR
OTHER BILL;
(III) A CREDIT CARD OR BANK STATEMENT;
(IV) A PAY STUB OR EARNINGS STATEMENT;
(V) A PIECE OF POST-MARKED FIRST-CLASS MAIL OR UNITED STATES POSTAL
SERVICE CHANGE OF ADDRESS CONFIRMATION;
(VI) A PRINTED RENT RECEIPT OR RESIDENTIAL LEASE;
(VII) A TRANSCRIPT OR REPORT CARD FROM AN ACCREDITED SCHOOL;
(VIII) A VEHICLE TITLE OR REGISTRATION;
(IX) AN INSURANCE POLICY;
(X) A GOVERNMENT-ISSUED LETTER OR STATE OR FEDERAL GOVERNMENT-ISSUED
CHECK; OR
(XI) A RECORD OF MEDICAL SERVICE FROM A SHELTER, TREATMENT FACILITY,
OR ASSISTED LIVING FACILITY, INCLUDING A HOMELESS SHELTER, WOMEN'S SHEL-
S. 7178 3
TER, OTHER NONPROFIT SHELTER, HALFWAY HOUSE, NURSING HOME, OR REHABILI-
TATION FACILITY.
2. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
SHALL ESTABLISH AND IMPLEMENT THE EPINEPHRINE AUTO-INJECTOR AFFORDABILI-
TY PROGRAM TO PROVIDE LOW-COST EPINEPHRINE AUTO-INJECTORS TO ELIGIBLE
INDIVIDUALS.
(B) BY JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EACH MANUFACTURER
SHALL ESTABLISH AND IMPLEMENT PROCEDURES TO MAKE EPINEPHRINE AUTO-INJEC-
TORS AVAILABLE IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION TO
ELIGIBLE INDIVIDUALS WHO HOLD A VALID PRESCRIPTION FOR EPINEPHRINE AUTO-
INJECTORS.
3. TO BE ELIGIBLE TO RECEIVE EPINEPHRINE AUTO-INJECTORS THROUGH THE
PROGRAM, AN INDIVIDUAL MUST:
(A) DEMONSTRATE PROOF OF RESIDENCY IN NEW YORK STATE;
(B) NOT BE ELIGIBLE FOR ASSISTANCE PROVIDED THROUGH THE NY STATE OF
HEALTH, THE OFFICIAL HEALTH PLAN MARKETPLACE OR THROUGH MEDICARE OR
MEDICAID;
(C) HAVE A VALID EPINEPHRINE AUTO-INJECTOR PRESCRIPTION; AND
(D) NOT BE ENROLLED IN PRESCRIPTION DRUG COVERAGE THAT LIMITS THE
TOTAL AMOUNT OF COST SHARING THAT THE ENROLLEE IS REQUIRED TO PAY FOR A
COVERED PRESCRIPTION TO NOT MORE THAN SIXTY DOLLARS FOR A TWO-PACK OF
EPINEPHRINE AUTO-INJECTORS, REGARDLESS OF THE AMOUNT OR TYPE OF EPINEPH-
RINE NEEDED TO FILL THE PRESCRIPTION.
4. (A) THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF
FINANCIAL SERVICES, SHALL DEVELOP AN APPLICATION FORM TO BE USED BY AN
INDIVIDUAL WHO IS SEEKING EPINEPHRINE AUTO-INJECTORS THROUGH THE
PROGRAM. AT A MINIMUM, THE APPLICATION FORM MUST:
(I) PROVIDE INFORMATION RELATED TO PROGRAM ELIGIBILITY AND COVERAGE IN
ENGLISH, SPANISH AND IN EACH LANGUAGE SPOKEN BY AT LEAST TWO AND ONE-
HALF PERCENT OF THE POPULATION OF ANY COUNTY IN WHICH SUCH POPULATION
SPEAKS ENGLISH LESS THAN VERY WELL, AS DEFINED BY THE UNITED STATES
BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY OR COMPARABLE CENSUS
DATA, AND SPEAKS A SHARED MINORITY LANGUAGE AT HOME; AND
(II) REQUIRE THE INDIVIDUAL TO SHOW PROOF THAT THE INDIVIDUAL MEETS
THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION.
(B) THE DEPARTMENT AND THE DEPARTMENT OF FINANCIAL SERVICES SHALL MAKE
THE APPLICATION FORM AVAILABLE ON THEIR RESPECTIVE WEBSITES. THE DEPART-
MENT OF FINANCIAL SERVICES SHALL ALSO MAKE THE APPLICATION FORM AVAIL-
ABLE TO PHARMACIES, HEALTH CARE PROVIDERS, AND HEALTH FACILITIES THAT
PRESCRIBE OR DISPENSE EPINEPHRINE AUTO-INJECTORS.
5. TO ACCESS EPINEPHRINE AUTO-INJECTORS THROUGH THE PROGRAM, AN INDI-
VIDUAL MUST PRESENT, AT A PHARMACY, A COMPLETED, SIGNED, AND DATED
APPLICATION FORM WITH PROOF OF RESIDENCY. IF THE INDIVIDUAL IS UNDER
EIGHTEEN YEARS OF AGE, THE INDIVIDUAL'S PARENT OR LEGAL GUARDIAN MAY
PROVIDE THE PHARMACIST WITH PROOF OF RESIDENCY.
6. (A) UPON RECEIPT OF AN INDIVIDUAL'S PROOF OF RESIDENCY AND
COMPLETED, SIGNED, AND DATED APPLICATION FORM DEMONSTRATING THAT THE
INDIVIDUAL IS ELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION, A
PHARMACIST SHALL DISPENSE THE PRESCRIBED EPINEPHRINE AUTO-INJECTORS. AN
INDIVIDUAL WHO IS ELIGIBLE TO RECEIVE EPINEPHRINE AUTO-INJECTORS THROUGH
THE PROGRAM MAY RECEIVE EPINEPHRINE AUTO-INJECTORS AS PRESCRIBED FOR
TWELVE MONTHS.
(B) THE PHARMACIST DISPENSING THE EPINEPHRINE AUTO-INJECTORS IS
ENCOURAGED TO INFORM THE INDIVIDUAL:
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(I) THAT THE INDIVIDUAL MAY BE ELIGIBLE FOR MEDICAL ASSISTANCE
PROGRAMS UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW;
AND
(II) OF ANY MANUFACTURER-SPONSORED PROGRAMS THAT ASSIST INDIVIDUALS
WHO CANNOT AFFORD THEIR PRESCRIPTION EPINEPHRINE AUTO-INJECTORS.
(C) THE PHARMACIST DISPENSING THE EPINEPHRINE AUTO-INJECTORS SHALL
RETAIN A COPY OF THE APPLICATION FORM SUBMITTED BY THE INDIVIDUAL FOR
TWO YEARS AFTER THE DATE THE EPINEPHRINE AUTO-INJECTOR WAS INITIALLY
DISPENSED.
7. A PHARMACY THAT DISPENSES EPINEPHRINE AUTO-INJECTORS PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION MAY COLLECT A COPAYMENT
FROM THE INDIVIDUAL TO COVER THE PHARMACY'S COSTS OF PROCESSING AND
DISPENSING THE EPINEPHRINE AUTO-INJECTOR, WHICH COPAYMENT AMOUNT MUST
NOT EXCEED SIXTY DOLLARS FOR EACH TWO-PACK OF EPINEPHRINE AUTO-INJECTORS
THAT THE PHARMACY DISPENSES TO THE INDIVIDUAL.
8. (A) UNLESS THE MANUFACTURER AGREES TO SEND TO THE PHARMACY A
REPLACEMENT SUPPLY OF THE SAME NUMBER OF EPINEPHRINE AUTO-INJECTORS
DISPENSED THROUGH THE PROGRAM, THE PHARMACY MAY SUBMIT TO THE MANUFAC-
TURER OF THE DISPENSED EPINEPHRINE AUTO-INJECTORS, DIRECTLY OR THROUGH
THE MANUFACTURER'S DELEGATED REPRESENTATIVE, SUBCONTRACTOR, OR OTHER
VENDOR, AN ELECTRONIC CLAIM FOR PAYMENT THAT IS MADE IN ACCORDANCE WITH
THE NATIONAL COUNCIL FOR PRESCRIPTION DRUG PROGRAMS; STANDARDS FOR ELEC-
TRONIC CLAIMS PROCESSING.
(B) BY JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EACH MANUFACTURER
SHALL DEVELOP A PROCESS FOR A PHARMACY TO SUBMIT AN ELECTRONIC CLAIM FOR
REIMBURSEMENT, INCLUDING AN ACCESSIBLE ONLINE APPLICATION FOR REIMBURSE-
MENT CLAIMS FROM PHARMACIES UNDER THE PROGRAM, AS PROVIDED IN PARAGRAPH
(A) OF THIS SUBDIVISION.
(C) IF THE PHARMACY SUBMITS AN ELECTRONIC CLAIM TO THE MANUFACTURER
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE MANUFACTURER OR THE
MANUFACTURER'S DELEGATED REPRESENTATIVE, SUBCONTRACTOR, OR OTHER VENDOR
SHALL, WITHIN THIRTY DAYS AFTER RECEIPT OF THE CLAIM, REIMBURSE THE
PHARMACY THE AMOUNT THAT THE PHARMACY PAID THE MANUFACTURER FOR THE
NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH THE PROGRAM.
9. THE DEPARTMENT AND THE DEPARTMENT OF FINANCIAL SERVICES SHALL
PROMOTE THE AVAILABILITY OF THE PROGRAM TO STATE RESIDENTS. THE PROMO-
TIONAL MATERIAL MUST INCLUDE INFORMATION ABOUT EACH MANUFACTURER'S
CONSUMER EPINEPHRINE AUTO-INJECTOR PROGRAM, AS APPLICABLE. EACH DEPART-
MENT MAY SEEK AND ACCEPT GIFTS, GRANTS, AND DONATIONS TO FULFILL THE
REQUIREMENTS OF THIS SUBDIVISION.
10. A MANUFACTURER'S REIMBURSEMENT PURSUANT TO PARAGRAPH (C) OF SUBDI-
VISION EIGHT OF THIS SECTION SHALL NOT BE DEEMED TO BE A KICKBACK.
11. A MANUFACTURER THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION:
(A) IS SUBJECT TO A FINE OF TEN THOUSAND DOLLARS FOR EACH MONTH OF
NONCOMPLIANCE; AND
(B) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION THREE HUNDRED
NINETY-SIX-ZZ OF THE GENERAL BUSINESS LAW.
§ 3. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 39 to read as follows:
(39) (A) EVERY POLICY WHICH PROVIDES MEDICAL COVERAGE THAT INCLUDES
COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY
WHICH PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE
SHALL INCLUDE COVERAGE FOR EPINEPHRINE AUTO-INJECTORS FOR THE TREATMENT
OF MODERATE TO SEVERE ALLERGIES, SEVERE ASTHMA, OR GENETIC CONDITIONS
SUCH AS ANGIOEDEMA THAT CAN LEAD TO ANAPHYLAXIS, IF RECOMMENDED OR
S. 7178 5
PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY
AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR A COVERED PRESCRIPTION ALLOWING FOR TWO EPINEPH-
RINE AUTO-INJECTORS SHALL BE CAPPED AT AN AMOUNT NOT TO EXCEED SIXTY
DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF THE AMOUNT OR TYPE OF
EPINEPHRINE NEEDED TO FILL SUCH COVERED PERSON'S PRESCRIPTION AND
REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY
OTHER COST SHARING REQUIREMENT.
(C) NOTHING IN THIS SECTION SHALL PREVENT AN INSURER FROM REDUCING A
COVERED PERSON'S COST SHARING TO AN AMOUNT THAT IS LOWER THAN THE AMOUNT
SPECIFIED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH.
§ 4. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 22 to read as follows:
(22) (A) EVERY GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY
ISSUED OR ISSUED FOR DELIVERY IN THIS STATE WHICH PROVIDES MEDICAL
COVERAGE THAT INCLUDES COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S
OFFICE AND EVERY POLICY WHICH PROVIDES MAJOR MEDICAL OR SIMILAR COMPRE-
HENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR EPINEPHRINE AUTO-INJEC-
TORS FOR THE TREATMENT OF MODERATE TO SEVERE ALLERGIES, SEVERE ASTHMA,
OR GENETIC CONDITIONS SUCH AS ANGIOEDEMA THAT CAN LEAD TO ANAPHYLAXIS,
IF RECOMMENDED OR PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH
CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE
EDUCATION LAW.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR A COVERED PRESCRIPTION ALLOWING FOR TWO EPINEPH-
RINE AUTO-INJECTORS SHALL BE CAPPED AT AN AMOUNT NOT TO EXCEED SIXTY
DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF THE AMOUNT OR TYPE OF
EPINEPHRINE NEEDED TO FILL SUCH COVERED PERSON'S PRESCRIPTION AND
REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY
OTHER COST SHARING REQUIREMENT.
(C) NOTHING IN THIS SECTION SHALL PREVENT AN INSURER FROM REDUCING A
COVERED PERSON'S COST SHARING TO AN AMOUNT THAT IS LOWER THAN THE AMOUNT
SPECIFIED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH.
§ 5. Section 4303 of the insurance law is amended by adding a new
subsection (vv) to read as follows:
(VV) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION OR A HEALTH SERVICE
CORPORATION WHICH PROVIDES MEDICAL COVERAGE THAT INCLUDES COVERAGE FOR
PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH
PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL
INCLUDE COVERAGE FOR EPINEPHRINE AUTO-INJECTORS FOR THE TREATMENT OF
MODERATE TO SEVERE ALLERGIES, SEVERE ASTHMA, OR GENETIC CONDITIONS SUCH
AS ANGIOEDEMA THAT CAN LEAD TO ANAPHYLAXIS, IF RECOMMENDED OR PRESCRIBED
BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED
TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
(2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR A COVERED PRESCRIPTION ALLOWING FOR TWO EPINEPH-
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RINE AUTO-INJECTORS SHALL BE CAPPED AT AN AMOUNT NOT TO EXCEED SIXTY
DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF THE AMOUNT OR TYPE OF
EPINEPHRINE NEEDED TO FILL SUCH COVERED PERSON'S PRESCRIPTION AND
REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY
OTHER COST SHARING REQUIREMENT.
(3) NOTHING IN THIS SECTION SHALL PREVENT AN INSURER FROM REDUCING A
COVERED PERSON'S COST SHARING TO AN AMOUNT THAT IS LOWER THAN THE AMOUNT
SPECIFIED IN PARAGRAPH TWO OF THIS SUBSECTION.
§ 6. The general business law is amended by adding a new section 396-
zz to read as follows:
§ 396-ZZ. UNFAIR OR DECEPTIVE TRADE PRACTICES; MEDICAL. A PERSON
ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN, IN THE COURSE OF THE
PERSON'S BUSINESS, VOCATION, OR OCCUPATION, THE PERSON FAILS TO COMPLY
WITH THE REQUIREMENTS OF SECTION TWO HUNDRED EIGHTY-D OF THE PUBLIC
HEALTH LAW.
§ 7. Appropriation. The sum of two million dollars ($2,000,000), or so
much thereof as may be necessary, is hereby appropriated to the depart-
ment of health from any moneys in the state treasury in the general fund
to the credit of the state purposes account not otherwise appropriated
for the purposes of carrying out the provisions of this act. Such sum
shall be payable on the audit and warrant of the state comptroller on
vouchers certified or approved by the commissioner of health, or his or
her duly designated representative in the manner provided by law.
§ 8. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the provisions of sections
three, four and five of this act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law and
shall apply to all policies and contracts issued, renewed, modified,
altered, or amended on or after such date. Effective immediately, the
addition, 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 effective date.
