Bill Text: NY A01619 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 1619

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Prohibits insurers from restricting or imposing delays in the distribution of antiretroviral prescription drugs prescribed to a person for the treatment or prevention of the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-03 - substituted by s1001a [A01619 Detail]

Download: New_York-2023-A01619-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          1619

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Insurance

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          preferred  drug  program  from  restricting  or imposing delays in the
          distribution of antiretroviral prescription drugs to certain  persons;
          to  amend  the social services law, in relation to prohibiting managed
          care programs from restricting or imposing delays in the  distribution
          of  antiretroviral prescription drugs to certain persons; and to amend
          the insurance law, in relation to prohibiting insurers from  restrict-
          ing   or   imposing  delays  in  the  distribution  of  antiretroviral
          prescription drugs to certain persons

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 273 of the public health law is amended by adding a
     2  new subdivision 11 to read as follows:
     3    11.  No  prior authorization, step therapy, or any other protocol that
     4  could restrict or delay the dispensing of the drug shall be required for
     5  antiretroviral prescription drugs prescribed to  a  person  in  a  state
     6  public  health plan for the treatment or prevention of the human immuno-
     7  deficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
     8    § 2. Section 364-j of the social services law is amended by  adding  a
     9  new subdivision 26-d to read as follows:
    10    26-d.  Managed  care  providers  shall  not  subject an antiretroviral
    11  prescription drug prescribed to a person for the treatment or prevention
    12  of the human immunodeficiency virus (HIV) or  acquired  immunodeficiency
    13  syndrome  (AIDS)  to a prior authorization requirement, step therapy, or
    14  any other protocol that could restrict or delay the  dispensing  of  the
    15  drug.
    16    § 3. Subsection (i) of section 3216 of the insurance law is amended by
    17  adding a new paragraph 39 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04099-01-3

        A. 1619                             2

     1    (39)  No policy that provides coverage for antiretroviral prescription
     2  drugs prescribed for the treatment or prevention of the human  immunode-
     3  ficiency  virus (HIV) or acquired immunodeficiency syndrome (AIDS) shall
     4  subject such drugs to prior authorization requirement, step therapy,  or
     5  any  other  protocol  that could restrict or delay the dispensing of the
     6  drug.
     7    § 4. Subsection (l) of section 3221 of the insurance law is amended by
     8  adding a new paragraph 22 to read as follows:
     9    (22) Every group or blanket policy delivered or issued for delivery in
    10  this state that provides coverage for antiretroviral prescription  drugs
    11  for  the  treatment  or  prevention  of the human immunodeficiency virus
    12  (HIV) or acquired immunodeficiency syndrome  (AIDS)  shall  not  subject
    13  such  drug  to  a  prior authorization requirement, step therapy, or any
    14  other protocol that could restrict or delay the dispensing of the drug.
    15    § 5. Section 4303 of the insurance law is  amended  by  adding  a  new
    16  subsection (uu) to read as follows:
    17    (uu) Any contract issued by a medical expense indemnity corporation, a
    18  hospital  service  corporation  or  a  health  services corporation that
    19  provides coverage for antiretroviral prescription drugs for  the  treat-
    20  ment or prevention of the human immunodeficiency virus (HIV) or acquired
    21  immunodeficiency  syndrome (AIDS) shall not subject such drug to a prior
    22  authorization requirement, step therapy,  or  any  other  protocol  that
    23  could restrict or delay the dispensing of the drug.
    24    §  6. This act shall take effect on the first of January next succeed-
    25  ing the date on which it shall have become  a  law;  provided,  however,
    26  that sections three, four and five of this act shall apply to all cover-
    27  age,  contracts or policies issued, reissued, renewed, modified, altered
    28  or amended on or after such effective date; and provided further, howev-
    29  er, that the amendments to section 364-j of the social services law made
    30  by section two of this act, shall not affect the repeal of such  section
    31  and  shall  be  deemed  repealed therewith.   Effective immediately, the
    32  addition, amendment and/or repeal of any rule  or  regulation  necessary
    33  for  the implementation of this act on its effective date are authorized
    34  to be made and completed on or before such effective date.