Bill Text: NY S08174 | 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) 2020-04-13 - REFERRED TO INSURANCE [S08174 Detail]
Download: New_York-2019-S08174-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8174 IN SENATE April 13, 2020 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed 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. LBD16029-01-0S. 8174 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.
