New York 2023-2024 Regular Session

New York Assembly Bill A01393 Latest Draft

Bill / Amended Version Filed 01/17/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 1393--A 2023-2024 Regular Sessions  IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, SANTABARBARA -- read once and referred to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to requiring health insurers to provide coverage for opioid antagonists and devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (i) of section 3216 of the insurance law is 2 amended by adding a new paragraph 39 to read as follows: 3 (39) (A) (i) Every policy which provides coverage for prescription 4 drugs shall include coverage for at least one opioid antagonist and 5 device. Prior authorization may be required for non-generic forms of 6 opioid antagonists and devices. 7 (ii) As used in this paragraph "opioid antagonist and device" means a 8 drug approved by the food and drug administration that, when adminis- 9 tered, negates or neutralizes in whole or in part the pharmacological 10 effects of an opioid in the body. "Opioid antagonist" shall be limited 11 to naloxone and other medications approved by the department of health 12 for such purpose. 13 (B) The coverage mandated by this paragraph shall include opioid 14 antagonists prescribed or dispensed via standing order or collaborative 15 practice agreement intended for use on patients other than the insured. 16 (C) A policy shall not impose a deductible, co-insurance, co-payment, 17 or any other cost-sharing requirement on such coverage provided pursuant 18 to this paragraph. 19 § 2. Subsection (l) of section 3221 of the insurance law is amended by 20 adding a new paragraph 7-c to read as follows: 21 (7-c) (A) (i) Every policy which provides coverage for prescription 22 drugs shall include coverage for at least one opioid antagonist and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01316-03-4 

 A. 1393--A 2 1 device. Prior authorization may be required for non-generic forms of 2 opioid antagonists and devices. 3 (ii) As used in this paragraph "opioid antagonist and device" means a 4 drug approved by the food and drug administration that, when adminis- 5 tered, negates or neutralizes in whole or in part the pharmacological 6 effects of an opioid in the body. "Opioid antagonist" shall be limited 7 to naloxone and other medications approved by the department of health 8 for such purpose. 9 (B) The coverage mandated by this paragraph shall include opioid 10 antagonists prescribed or dispensed via standing order or collaborative 11 practice agreement intended for use on patients other than the insured. 12 (C) A group or blanket policy subject to this paragraph shall not 13 impose a deductible, co-insurance, co-payment, or any other cost-sharing 14 requirement on such coverage provided pursuant to this paragraph. 15 § 3. Section 4303 of the insurance law is amended by adding a new 16 subsection (vv) to read as follows: 17 (vv) (1) (A) Every policy that is issued, amended, renewed, effective, 18 or delivered on or after January first, two thousand twenty-five and 19 provides coverage for prescription drugs shall include coverage for at 20 least one opioid antagonist and device. Prior authorization may be 21 required for non-generic forms of opioid antagonists and devices. 22 (B) As used in this subsection "opioid antagonist and device" means a 23 drug approved by the food and drug administration that, when adminis- 24 tered, negates or neutralizes in whole or in part the pharmacological 25 effects of an opioid in the body. "Opioid antagonist" shall be limited 26 to naloxone and other medications approved by the department of health 27 for such purpose. 28 (2) A contract subject to this subsection shall not impose a deduct- 29 ible, coinsurance, copayment, or any other cost-sharing requirement on 30 such coverage provided pursuant to this subsection. 31 § 4. This act shall take effect immediately and shall apply to poli- 32 cies and contracts issued, renewed, modified, altered or amended on or 33 after such effective date.