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.
                                                                   LBD16029-01-0

        A. 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.
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