STATE OF NEW YORK ________________________________________________________________________ 9250 IN ASSEMBLY February 9, 2022 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Insurance AN ACT to amend the insurance law and the public health law, in relation to protecting certain therapeutic classes from step therapy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (a) of section 4902 of the insurance law is 2 amended by adding a new paragraph 14 to read as follows: 3 (14) When establishing a step therapy protocol, a utilization review 4 agent shall ensure that such protocol shall not apply to medically 5 necessary prescription drugs in the dermatologic, hematology, ophthalmo- 6 logic, rheumatic, gastrointestinal, neurology, and oncology therapeutic 7 classes, including non-formulary drugs. 8 § 2. Section 4902 of the public health law is amended by adding a new 9 subdivision 5 to read as follows: 10 5. When establishing a step therapy protocol, a utilization review 11 agent shall ensure that such protocol shall not apply to medically 12 necessary prescription drugs in the dermatologic, hematology, ophthalmo- 13 logic, rheumatic, gastrointestinal, neurology, and oncology therapeutic 14 classes, including non-formulary drugs. 15 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14452-01-2