Assembly Bill A3859

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3859
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
   provision of prescription medicine to workers' compensation claimants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision (i) of section 13 of  the  work-
 ers'  compensation  law,  as  added by chapter 6 of the laws of 2007, is
 amended to read as follows:
   (5) Notwithstanding any other provision of this chapter, if an employ-
 er or carrier has contracted with a pharmacy to provide prescribed medi-
 cine to claimants, then such employer or carrier may [require] ENCOURAGE
 claimants to obtain all prescribed  medicines  from  the  pharmacy  with
 which  it  has  contracted[, except if a medical emergency occurs and it
 would  not  be  reasonably  possible  to  obtain  immediately   required
 prescribed medicine from the pharmacy with which the employer or carrier
 has  a  contract].  An  employer  or  carrier that [requires] ENCOURAGES
 claimants to obtain prescribed medicines from a pharmacy with  which  it
 has  a contract must notify claimants of the pharmacy or pharmacies with
 which it has a contract, the locations and addresses of the pharmacy  or
 pharmacies,   if   applicable,   how   to   initially  fill  and  refill
 prescriptions through the mail, internet, telephone or other means,  and
 any  other required information that must be supplied to the pharmacy or
 pharmacies. [If the pharmacy or pharmacies with which  the  employer  or
 carrier  contracts does not offer mail order service and does not have a
 physical location within a reasonable distance  from  the  claimant,  as
 defined  by  regulation of the board, the claimant may obtain prescribed
 medicines at the pharmacy or pharmacies of his or  her  choice  and  the
 employer  or  carrier will be liable for such charges in accordance with
 the fee schedule prescribed in  section  thirteen-o  of  this  chapter.]
 NOTWITHSTANDING  AN EMPLOYER'S OR A CARRIER'S AUTHORITY TO CONTRACT WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06469-01-5
              

 A. 3859                             2
 
 A NETWORK PHARMACY AND ENCOURAGE CLAIMANTS TO USE IT SUCH NETWORK  PHAR-
 MACY EXCLUSIVELY, CLAIMANTS MAY OBTAIN PRESCRIBED MEDICINES AT THE PHAR-
 MACY OR PHARMACIES OF SUCH CLAIMANT'S CHOICE SO LONG AS SUCH PHARMACY IS
 REGISTERED  AS  A RESIDENT, IN-STATE PHARMACY WITH THE EDUCATION DEPART-
 MENT, AND THE EMPLOYER OR CARRIER SHALL BE LIABLE FOR  SUCH  CHARGES  IN
 ACCORDANCE  WITH  THE  FEE  SCHEDULE PRESCRIBED IN SECTION THIRTEEN-O OF
 THIS ARTICLE SO LONG AS THE MEDICATIONS  ARE  CASUALLY  RELATED  TO  THE
 CLAIMANT'S  WORK  RELATED INJURIES. SUCH REQUIREMENTS SHALL NOT APPLY TO
 ANY NON-RESIDENT, OUT-OF-STATE PHARMACIES NOR  SHALL  IT  APPLY  TO  ANY
 COMPOUND  MEDICATIONS  THAT  THE CLAIMANT IS PRESCRIBED. THE EMPLOYER OR
 CARRIER SHALL HAVE THE RIGHT TO DENY ANY  CHARGES  THAT  ORIGINATE  FROM
 NON-RESIDENT,  OUT-OF-STATE PHARMACIES AND DENY ANY CHARGES FOR EXTEMPO-
 RANEOUS COMPOUND MEDICATIONS THAT HAVE NOT BEEN APPROVED BY THE  FEDERAL
 FOOD AND DRUG ADMINISTRATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.