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.