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.
