Bill Text: NY A01393 | 2023-2024 | General Assembly | Amended


Bill Title: Requires health insurers to provide coverage for opioid antagonists and devices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-02-29 - print number 1393a [A01393 Detail]

Download: New_York-2023-A01393-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1393--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL,  SANTABARBARA -- read once and
          referred to the Committee on Insurance -- recommitted to the Committee
          on Insurance in accordance with Assembly Rule 3, sec. 2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  insurance  law, in relation to requiring health
          insurers to provide coverage for opioid antagonists and devices

          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 39 to read as follows:
     3    (39) (A) (i) Every policy which  provides  coverage  for  prescription
     4  drugs  shall  include  coverage  for  at least one opioid antagonist and
     5  device. Prior authorization may be required  for  non-generic  forms  of
     6  opioid antagonists and devices.
     7    (ii)  As used in this paragraph "opioid antagonist and device" means a
     8  drug approved by the food and drug administration  that,  when  adminis-
     9  tered,  negates  or  neutralizes in whole or in part the pharmacological
    10  effects of an opioid in the body. "Opioid antagonist" shall  be  limited
    11  to  naloxone  and other medications approved by the department of health
    12  for such purpose.
    13    (B) The coverage mandated  by  this  paragraph  shall  include  opioid
    14  antagonists  prescribed or dispensed via standing order or collaborative
    15  practice agreement intended for use on patients other than the insured.
    16    (C) A policy shall not impose a deductible, co-insurance,  co-payment,
    17  or any other cost-sharing requirement on such coverage provided pursuant
    18  to this paragraph.
    19    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    20  adding a new paragraph 7-c to read as follows:
    21    (7-c)  (A)  (i)  Every policy which provides coverage for prescription
    22  drugs shall include coverage for at  least  one  opioid  antagonist  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01316-03-4

        A. 1393--A                          2

     1  device.  Prior  authorization  may  be required for non-generic forms of
     2  opioid antagonists and devices.
     3    (ii)  As used in this paragraph "opioid antagonist and device" means a
     4  drug approved by the food and drug administration  that,  when  adminis-
     5  tered,  negates  or  neutralizes in whole or in part the pharmacological
     6  effects of an opioid in the body. "Opioid antagonist" shall  be  limited
     7  to  naloxone  and other medications approved by the department of health
     8  for such purpose.
     9    (B) The coverage mandated  by  this  paragraph  shall  include  opioid
    10  antagonists  prescribed or dispensed via standing order or collaborative
    11  practice agreement intended for use on patients other than the insured.
    12    (C) A group or blanket policy subject  to  this  paragraph  shall  not
    13  impose a deductible, co-insurance, co-payment, or any other cost-sharing
    14  requirement on such coverage provided pursuant to this paragraph.
    15    §  3.  Section  4303  of  the insurance law is amended by adding a new
    16  subsection (vv) to read as follows:
    17    (vv) (1) (A) Every policy that is issued, amended, renewed, effective,
    18  or delivered on or after January first,  two  thousand  twenty-five  and
    19  provides  coverage  for prescription drugs shall include coverage for at
    20  least one opioid antagonist  and  device.  Prior  authorization  may  be
    21  required for non-generic forms of opioid antagonists and devices.
    22    (B)  As used in this subsection "opioid antagonist and device" means a
    23  drug approved by the food and drug administration  that,  when  adminis-
    24  tered,  negates  or  neutralizes in whole or in part the pharmacological
    25  effects of an opioid in the body. "Opioid antagonist" shall  be  limited
    26  to  naloxone  and other medications approved by the department of health
    27  for such purpose.
    28    (2) A contract subject to this subsection shall not impose  a  deduct-
    29  ible,  coinsurance,  copayment, or any other cost-sharing requirement on
    30  such coverage provided pursuant to this subsection.
    31    § 4. This act shall take effect immediately and shall apply  to  poli-
    32  cies  and  contracts issued, renewed, modified, altered or amended on or
    33  after such effective date.
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