Bill Text: NY A10282 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for coverage of a one hundred twenty-day supply of a prescription without prior authorization during a state disaster emergency, and requires pharmacies to dispense such one hundred twenty-day supplies of prescriptions at no cost to a patient in the event such patient's insurance denies coverage due to lack of prior authorization.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-04-08 - referred to insurance [A10282 Detail]
Download: New_York-2019-A10282-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10282 IN ASSEMBLY April 8, 2020 ___________ Introduced by M. of A. EPSTEIN, CRUZ, SEAWRIGHT -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law and the education law, in relation to providing for coverage of a one hundred twenty-day supply of a prescription without prior authorization during a state disaster emer- gency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3242 of the insurance law is amended by adding a 2 new subsection (c) to read as follows: 3 (c) (1) Every policy delivered or issued for delivery in this state 4 that provides coverage for prescription drugs shall include in such 5 policy a process that allows an insured, the insured's designee, or the 6 insured's prescribing health care provider to obtain a one hundred twen- 7 ty-day supply of any current prescription of the insured without requir- 8 ing prior authorization of the insurer upon the declaration of a state 9 disaster emergency pursuant to section twenty-eight of the executive 10 law. 11 (2) An insurer who violates the provisions of this subsection shall be 12 liable for a civil penalty equal to one hundred dollars per dose of the 13 prescription when coverage is denied for lack of prior authorization. 14 § 2. Section 4329 of the insurance law is amended by adding a new 15 subsection (c) to read as follows: 16 (c) (1) Every contract issued by a corporation subject to the 17 provisions of this article that provides coverage for prescription drugs 18 shall include in the contract a process that allows an insured, the 19 insured's designee, or the insured's prescribing health care provider to 20 immediately obtain a one hundred twenty-day supply of any current 21 prescription of the insured without requiring prior authorization of the 22 insurer upon the declaration of a state disaster emergency pursuant to 23 section twenty-eight of the executive law. 24 (2) An insurer who violates the provisions of this subsection shall be 25 liable for a civil penalty equal to one hundred dollars per dose of the 26 prescription when coverage is denied for lack of prior authorization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16029-01-0A. 10282 2 1 § 3. Section 6810 of the education law is amended by adding a new 2 subdivision 16 to read as follows: 3 16. (a) Notwithstanding any other provisions of this section or any 4 other law to the contrary, a pharmacy shall dispense a one hundred twen- 5 ty-day supply of a prescription to a patient, or a person authorized to 6 make the request on behalf of the patient, at no cost to such patient, 7 or person authorized to make the request on behalf of the patient, if 8 the insurance coverage of the patient for such prescription is denied 9 due to a lack of prior authorization during a state disaster emergency 10 declared pursuant to section twenty-eight of the executive law. A phar- 11 macy shall have a cause of action against the insurance provider for the 12 cost of a prescription dispensed pursuant to the provisions of this 13 subdivision. 14 § 4. This act shall take effect immediately and shall apply to all 15 policies and contracts issued, renewed, modified, altered or amended on 16 or after such date.