Bill Text: NY A05681 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits health insurers from requiring that the insured purchase prescribed drugs from a mail order pharmacy or pay a co-payment fee when such purchases are not made from a mail order pharmacy if a similar fee is not charged for drugs from a mail order pharmacy.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2018-01-03 - referred to insurance [A05681 Detail]

Download: New_York-2017-A05681-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5681
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2017
                                       ___________
        Introduced  by M. of A. CURRAN, CROUCH, FINCH, RAIA, HARRIS -- read once
          and referred to the Committee on Insurance
        AN ACT to amend the insurance  law,  in  relation  to  the  purchase  of
          prescription drugs
          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 34 to read as follows:
     3    (34)  No  policy  which  provides  coverage for prescribed drugs shall
     4  mandate that the same be purchased by the  insured  from  a  mail  order
     5  pharmacy, nor may such policy impose a co-payment fee or other condition
     6  on any insured who elects to purchase drugs from other than a mail order
     7  pharmacy  which  is  not  also  imposed on insureds electing to purchase
     8  drugs from a designated mail order pharmacy.
     9    § 2. Subsection (1) of section 3221 of the insurance law is amended by
    10  adding a new paragraph 20 to read as follows:
    11    (20) No insurer delivering a group or  blanket  policy  or  issuing  a
    12  group or blanket policy for delivery in this state which provides cover-
    13  age for prescribed drugs shall mandate that the same be purchased by the
    14  insured from a mail order pharmacy, nor may such policy impose a co-pay-
    15  ment  fee or other condition on any insured who elects to purchase drugs
    16  from other than a mail order pharmacy  which  is  not  also  imposed  on
    17  insureds electing to purchase drugs from a designated mail order pharma-
    18  cy.
    19    §  3.  Section  4303  of the insurance law is amended by adding  a new
    20  subsection (oo) to read as follows:
    21    (oo) No policy issued by a medical expense  indemnity  corporation,  a
    22  hospital  service  corporation  or  a  health services corporation which
    23  provides coverage for prescribed drugs shall mandate that  the  same  be
    24  purchased by the insured from a mail order pharmacy, nor may such policy
    25  impose  a co-payment fee or other condition on any insured who elects to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08541-01-7
        A. 5681                             2
     1  purchase drugs from other than a mail order pharmacy which is  not  also
     2  imposed  on  insureds  electing to purchase drugs from a designated mail
     3  order pharmacy.
     4    § 4.  This act shall take effect on the first of January next succeed-
     5  ing  the date on which it shall have become a law and shall apply to all
     6  policies and contracts issued, renewed, modified, altered or amended  on
     7  or after such effective date.