S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2228
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law and the public health law, in relation
   to directing the commissioner  of  health  to  promulgate  a  list  of
   prescription  drugs for which an emergency thirty-day supply cannot be
   obtained

   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 a chapter of the laws of 2022 amending the insurance law relat-
 ing to requiring  policies  and  contracts  that  provide  coverage  for
 prescription  drugs to include coverage of an immediate additional thir-
 ty-day supply of a prescription during a state  disaster  emergency,  as
 proposed in legislative bills numbers S. 4856 and A. 7469, is amended to
 read as follows:
   (c)[(1)]  Every  policy delivered or issued for delivery in this state
 that provides coverage for prescription drugs shall include in the poli-
 cy a process that allows an insured,  the  insured's  designee,  or  the
 insured's prescribing health care provider to immediately obtain, ON THE
 INSURED'S  BEHALF,  an  additional  thirty-day  supply  of  any  current
 prescription of the insured, except as provided  in  [paragraph  two  of
 this  subsection]  SECTION  TWO  HUNDRED  SEVENTY-EIGHT-A  OF THE PUBLIC
 HEALTH LAW, 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)  The  commissioner  of  health  shall  promulgate   a   list   of
 prescription drugs which shall not be subject to the provisions of para-
 graph one of this subsection. Such list shall include, but not be limit-
 ed to, all schedule II and schedule III controlled substances.]
   §  2. Subsection (c) of section 4329 of the insurance law, as added by
 a chapter of the laws of 2022 amending the  insurance  law  relating  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04311-01-3
              

 S. 2228                             2
 
 requiring  policies and contracts that provide coverage for prescription
 drugs to include coverage of an immediate additional  thirty-day  supply
 of  a  prescription  during  a  state disaster emergency, as proposed in
 legislative  bills  numbers S.   4856 and A. 7469, is amended to read as
 follows:
   (c) [(1)] Every contract  issued  by  a  corporation  subject  to  the
 provisions of this article that provides coverage for prescription drugs
 shall  include  in  the  contract  a process that allows an insured, the
 insured's designee, or the insured's prescribing health care provider to
 immediately obtain, ON THE INSURED'S BEHALF,  an  additional  thirty-day
 supply of any current prescription of the insured, except as provided in
 [paragraph  two  of this subsection] SECTION TWO HUNDRED SEVENTY-EIGHT-A
 OF THE PUBLIC HEALTH LAW, at the same level  of  coverage  as  a  normal
 refill  of such prescription drug upon the declaration of a state disas-
 ter emergency pursuant to section twenty-eight of the executive law.
   [(2)  The  commissioner  of  health  shall  promulgate   a   list   of
 prescription drugs which shall not be subject to the provisions of para-
 graph  one  of  this  subsection.    Such list shall include, but not be
 limited to, all schedule II and schedule III controlled substances.]
   § 3.  The public health law is amended by adding a new  section  278-a
 to read as follows:
   §  278-A.  EXCEPTIONS TO DRUG PRESCRIPTION SUPPLY DURING AN EMERGENCY.
 THE COMMISSIONER SHALL PROMULGATE A  LIST  OF  PRESCRIPTION  DRUGS  THAT
 SHALL  NOT  BE  SUBJECT  TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO
 HUNDRED FORTY-TWO AND SUBSECTION (C)  OF  SECTION  FOUR  THOUSAND  THREE
 HUNDRED  TWENTY-NINE  OF THE INSURANCE LAW. SUCH LIST SHALL INCLUDE, BUT
 NOT  BE  LIMITED  TO,  ALL  SCHEDULE  II  AND  SCHEDULE  III  CONTROLLED
 SUBSTANCES.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2022  amending  the  insurance  law
 relating  to  requiring policies and contracts that provide coverage for
 prescription drugs to include coverage of an immediate additional  thir-
 ty-day  supply  of  a prescription during a state disaster emergency, as
 proposed in legislative bills numbers S. 4856 and A. 7469, takes effect.