Amd §§3242 & 4329, Ins L (as proposed in S.4856 & A.7469); add §278-a, Pub Health L
 
Directs the commissioner of health to promulgate a list of prescription drugs for which an emergency thirty-day supply cannot be obtained during a state emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2201
SPONSOR: Cruz
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make amendments to Chapter 793 of the
Laws of 2022 relating to exceptions to drug prescription supply during
an emergency.
 
SUMMARY OF PROVISIONS:
Sections 1-2 provide technical amendments to Chapter 793 of the Laws of
2022 and removes provisions of Insurance Law requiring the Commissioner
of Health to promulgate a list of prescription drugs for which an emer-
gency thirty-day supply cannot be obtained.
Section 3 adds to the Public Health Law by providing that the Commis-
sioner of Health shall promulgate a list of prescription drugs which
shall not be subject to the requirement that insurance policies and
contracts that provide coverage for prescription drugs shall include
coverage of an additional thirty-day supply of a prescription drug
during a state disaster emergency. This list shall include, but not be
limited to, all schedule II and schedule III controlled substances.
Sections 4 provides the effective date.
 
JUSTIFICATION:
When preparing for a disaster individuals are advised to stock up on
important supplies such as food, water, and basic supplies. This
includes over the counter medication and prescribed medication that they
might need to live or maintain quality of life. Prescriptions are typi-
cally refilled monthly; however, in an emergency situation it may be
difficult for people to access their prescription. During a state disas-
ter insurance policies may not provide their customers with a process to
obtain their prescriptions. This places many New Yorkers at risk of not
having their necessary prescription medication during an emergency
Inflexible policies will compound the effect of a disaster by leaving
many New Yorkers without their necessary prescription medication.
Chapter 793 of the Laws of 2022 required insurance policies and
contracts that provide coverage for prescription drugs to include cover-
age of an additional thirty-day supply of a prescription drug during a
state disaster emergency. This Chapter amendment provides technical
amendments and moves the provision directing the Commissioner of Health
to promulgate a list of drugs not subject to an additional thirty-day
supply to the Public Health Law.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted.
 
EFFECTIVE DATE:
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 includes coverage of an immediate additional thirty-day supply
of a prescription drug during a state disaster emergency as proposed in
legislative bills numbers 5.4856 and A.7469, takes effect.
STATE OF NEW YORK
________________________________________________________________________
2201
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Insurance
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:
1 Section 1. Subsection (c) of section 3242 of the insurance law, as
2 added by a chapter of the laws of 2022 amending the insurance law relat-
3 ing to requiring policies and contracts that provide coverage for
4 prescription drugs to include coverage of an immediate additional thir-
5 ty-day supply of a prescription during a state disaster emergency, as
6 proposed in legislative bills numbers S. 4856 and A. 7469, is amended to
7 read as follows:
8 (c)[(1)] Every policy delivered or issued for delivery in this state
9 that provides coverage for prescription drugs shall include in the poli-
10 cy a process that allows an insured, the insured's designee, or the
11 insured's prescribing health care provider to immediately obtain, on the
12 insured's behalf, an additional thirty-day supply of any current
13 prescription of the insured, except as provided in [paragraph two of
14 this subsection] section two hundred seventy-eight-a of the public
15 health law, at the same level of coverage as a normal refill of such
16 prescription drug upon the declaration of a state disaster emergency
17 pursuant to section twenty-eight of the executive law.
18 [(2) The commissioner of health shall promulgate a list of
19 prescription drugs which shall not be subject to the provisions of para-
20 graph one of this subsection. Such list shall include, but not be limit-
21 ed to, all schedule II and schedule III controlled substances.]
22 § 2. Subsection (c) of section 4329 of the insurance law, as added by
23 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
A. 2201 2
1 requiring policies and contracts that provide coverage for prescription
2 drugs to include coverage of an immediate additional thirty-day supply
3 of a prescription during a state disaster emergency, as proposed in
4 legislative bills numbers S. 4856 and A. 7469, is amended to read as
5 follows:
6 (c) [(1)] Every contract issued by a corporation subject to the
7 provisions of this article that provides coverage for prescription drugs
8 shall include in the contract a process that allows an insured, the
9 insured's designee, or the insured's prescribing health care provider to
10 immediately obtain, on the insured's behalf, an additional thirty-day
11 supply of any current prescription of the insured, except as provided in
12 [paragraph two of this subsection] section two hundred seventy-eight-a
13 of the public health law, at the same level of coverage as a normal
14 refill of such prescription drug upon the declaration of a state disas-
15 ter emergency pursuant to section twenty-eight of the executive law.
16 [(2) The commissioner of health shall promulgate a list of
17 prescription drugs which shall not be subject to the provisions of para-
18 graph one of this subsection. Such list shall include, but not be
19 limited to, all schedule II and schedule III controlled substances.]
20 § 3. The public health law is amended by adding a new section 278-a
21 to read as follows:
22 § 278-a. Exceptions to drug prescription supply during an emergency.
23 The commissioner shall promulgate a list of prescription drugs that
24 shall not be subject to subsection (c) of section three thousand two
25 hundred forty-two and subsection (c) of section four thousand three
26 hundred twenty-nine of the insurance law. Such list shall include, but
27 not be limited to, all schedule II and schedule III controlled
28 substances.
29 § 4. This act shall take effect on the same date and in the same
30 manner as a chapter of the laws of 2022 amending the insurance law
31 relating to requiring policies and contracts that provide coverage for
32 prescription drugs to include coverage of an immediate additional thir-
33 ty-day supply of a prescription during a state disaster emergency, as
34 proposed in legislative bills numbers S. 4856 and A. 7469, takes effect.