Bill Text: NY A03009 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the insurance coverage of the synchronization of multiple prescriptions.
Spectrum: Moderate Partisan Bill (Democrat 27-3)
Status: (Passed) 2019-12-20 - signed chap.691 [A03009 Detail]
Download: New_York-2019-A03009-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3009 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. QUART, BRAUNSTEIN, RYAN, FAHY, LAVINE, HEVESI, STECK, AUBRY, PRETLOW, SEAWRIGHT, WEPRIN, RIVERA, COOK, BARCLAY, CRES- PO, CYMBROWITZ, ABINANTI, PHEFFER AMATO, GARBARINO, SOLAGES, RAIA, GALEF, PEOPLES-STOKES, STIRPE, OTIS, CUSICK -- Multi-Sponsored by -- M. of A. DILAN, PERRY -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to synchronization of multiple prescriptions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The insurance law is amended by adding a new section 3224-d 2 to read as follows: 3 § 3224-d. Prescription synchronization. (a) Every individual or group 4 health insurance policy providing prescription drug coverage when appli- 5 cable to permit synchronization shall permit and apply a daily pro-rated 6 cost-sharing rate to prescriptions that are dispensed by a network phar- 7 macy for less than a thirty day supply, when it is agreed among the 8 covered individual, a health care practitioner, and a pharmacist that 9 synchronization of multiple prescriptions for the treatment of a chronic 10 illness is in the best interest of the covered individual for the 11 management or treatment of that chronic illness provided that all of the 12 following apply: 13 (i) The medications are covered by the policy or plan. 14 (ii) The medications are used for treatment and management of chronic 15 conditions that are subject to refills. 16 (iii) The medications are not a Schedule II controlled substance or a 17 Schedule III controlled substance containing hydrocodone. 18 (iv) The medications meet all prior authorization criteria specific to 19 medications at the time of the synchronization request. 20 (v) The medications are of a formulation that can be effectively split 21 over required short fill periods to achieve synchronization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01416-01-9A. 3009 2 1 (vi) The medications do not have quantity limits or dose optimization 2 criteria or requirements that would be violated in fulfilling synchroni- 3 zation. 4 (b) No individual or group health insurance policy providing 5 prescription drug coverage shall deny coverage for the dispensing of a 6 medication for partial fill when it is for purposes of synchronizing the 7 patient's medications. When applicable to permit synchronization, every 8 individual or group health insurance policy must allow a pharmacy to 9 override any denial codes indicating that a prescription is being 10 refilled too soon for the purposes of medication synchronization. 11 (c) Dispensing fees for partially filled or refilled prescriptions 12 shall be paid in full for each prescription dispensed, regardless of any 13 pro-rated copay for the beneficiary or fee paid for alignment services. 14 (d) Nothing in this section shall be deemed to require health care 15 practitioners and pharmacists to synchronize the refilling of multiple 16 prescriptions for a covered individual. 17 (e) The requirements of this paragraph shall apply only once for each 18 prescription drug subject to medication synchronization except when 19 either of the following occurs: 20 (i) The prescriber changes the dosage or frequency of administration 21 of the prescription drug subject to a medication synchronization; or 22 (ii) The prescriber prescribes a different drug. 23 § 2. The insurance law is amended by adding a new section 4303-a to 24 read as follows: 25 § 4303-a. Prescription synchronization. (a) Every hospital service 26 corporation and health service corporation providing prescription drug 27 coverage when applicable to permit synchronization shall permit and 28 apply a daily pro-rated cost-sharing rate to prescriptions that are 29 dispensed by a network pharmacy for less than a thirty day supply, when 30 it is agreed among the covered individual, a health care practitioner, 31 and a pharmacist that synchronization of multiple prescriptions for the 32 treatment of a chronic illness is in the best interest of the covered 33 individual for the management or treatment of that chronic illness 34 provided that all of the following apply: 35 (i) The medications are covered by the policy or plan. 36 (ii) The medications are used for treatment and management of chronic 37 conditions that are subject to refills. 38 (iii) The medications are not a Schedule II controlled substance or a 39 Schedule III controlled substance containing hydrocodone. 40 (iv) The medications meet all prior authorization criteria specific to 41 medications at the time of the synchronization request. 42 (v) The medications are of a formulation that can be effectively split 43 over required short fill periods to achieve synchronization. 44 (vi) The medications do not have quantity limits or dose optimization 45 criteria or requirements that would be violated in fulfilling synchroni- 46 zation. 47 (b) No hospital service corporation or health service corporation 48 providing prescription drug coverage shall deny coverage for the 49 dispensing of a medication for partial fill when it is for purposes of 50 synchronizing the patient's medications. When applicable to permit 51 synchronization, every hospital service corporation or health service 52 corporation providing prescription drug coverage must allow a pharmacy 53 to override any denial codes indicating that a prescription is being 54 refilled too soon for the purposes of medication synchronization.A. 3009 3 1 (c) Dispensing fees for partially filled or refilled prescriptions 2 shall be paid in full for each prescription dispensed, regardless of any 3 pro-rated copay for the beneficiary or fee paid for alignment services. 4 (d) Nothing in this section shall be deemed to require health care 5 practitioners and pharmacists to synchronize the refilling of multiple 6 prescriptions for a covered individual. 7 (e) The requirements of this paragraph shall apply only once for each 8 prescription drug subject to medication synchronization except when 9 either of the following occurs: 10 (i) The prescriber changes the dosage or frequency of administration 11 of the prescription drug subject to a medication synchronization; or 12 (ii) The prescriber prescribes a different drug. 13 § 3. This act shall take effect on the first of January, 2020, and 14 shall apply to all policies and contracts issued, renewed, modified, 15 altered or amended on or after such date.