Bill Text: NY A02336 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires managed care providers to annually provide each participant in their programs with a written list of mail-order pharmacies with which the managed care provider has a contract for coverage of prescription drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A02336 Detail]

Download: New_York-2019-A02336-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2336
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Health
        AN  ACT  to amend the social services law, in relation to requiring each
          managed care provider to annually  provide  each  participant  in  its
          program  with  a  written list of mail-order pharmacies with which the
          managed care provider has a  contract  for  coverage  of  prescription
          drugs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (u) of subdivision 4  of  section  364-j  of  the
     2  social services law, as amended by section 12 of part A of chapter 56 of
     3  the laws of 2013, is amended to read as follows:
     4    (u)  A  managed  care provider that provides coverage for prescription
     5  drugs shall permit each participant  to  fill  any  mail  order  covered
     6  prescription,  at  his or her option, at any mail order pharmacy or non-
     7  mail-order retail pharmacy in the managed care provider network. If  the
     8  managed  care provider has designated one or more pharmacies for filling
     9  prescriptions for a particular drug or drugs,  then  such  prescriptions
    10  may be filled, at the participant's option, at any other pharmacy in the
    11  network,  if  the  network  pharmacy chosen by the participant offers to
    12  accept a price that is comparable to that of the pharmacy designated  by
    13  the managed care provider. For the purposes of this section, "mail order
    14  pharmacy"  means  a  pharmacy  whose  primary  business  is  to  receive
    15  prescriptions by mail, telefax or through electronic submissions, and to
    16  dispense medication to patients through the use  of  the  United  States
    17  mail  or  other  common  or  contract carrier services, and provides any
    18  consultation with patients electronically  rather  than  face  to  face.
    19  Every  non-mail-order  retail  pharmacy  in  the managed care provider's
    20  network with respect to any prescription drug shall be deemed to  be  in
    21  the managed care provider's network for every covered prescription drug.
    22  Each  managed  care provider subject to the provisions of this paragraph
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00422-01-9
        A. 2336                             2
     1  shall annually provide each participant in its program  with  a  written
     2  list of mail-order pharmacies with which the managed care provider has a
     3  contract for coverage of prescription drugs.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law; and shall apply to all contracts, agreements
     6  and  leases  entered  into on or after such date, provided, however that
     7  the amendments to section 364-j of  the  social  services  law  made  by
     8  section  one of this act shall not affect the repeal of such section and
     9  shall be deemed repealed therewith.