STATE OF NEW YORK
        ________________________________________________________________________
                                          10622
                   IN ASSEMBLY
                                       May 9, 2018
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Insurance
        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 35 to read as follows:
     3    (35)  (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)  Coverage  provided  under this paragraph may be subject to annual
    17  deductibles and co-insurance as deemed appropriate by the superintendent
    18  and that are consistent with those imposed on other  benefits  within  a
    19  given policy.
    20    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    21  adding a new paragraph 7-c to read as follows:
    22    (7-c)  (A)  (i)  Every policy which provides coverage for prescription
    23  drugs shall include coverage for at  least  one  opioid  antagonist  and
    24  device.  Prior  authorization  may  be required for non-generic forms of
    25  opioid antagonists and devices.
    26    (ii) As used in this paragraph "opioid antagonist and device" means  a
    27  drug  approved  by  the Food and Drug Administration that, when adminis-
    28  tered, negates or neutralizes in whole or in  part  the  pharmacological
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15406-03-8

        A. 10622                            2
     1  effects  of  an opioid in the body. "Opioid antagonist" shall be limited
     2  to naloxone and other medications approved by the department  of  health
     3  for such purpose.
     4    (B)  The  coverage  mandated  by  this  paragraph shall include opioid
     5  antagonists prescribed or dispensed via standing order or  collaborative
     6  practice agreement intended for use on patients other than the insured.
     7    (C)  Coverage  provided  under this paragraph may be subject to annual
     8  deductibles and co-insurance as deemed appropriate by the superintendent
     9  and that are consistent with those imposed on other  benefits  within  a
    10  given policy.
    11    §  3.  Section  4303  of  the insurance law is amended by adding a new
    12  subsection (ss) to read as follows:
    13    (ss) (1) (A) Every policy which  provides  coverage  for  prescription
    14  drugs  shall  include  coverage  for  at least one opioid antagonist and
    15  device. Prior authorization may be required  for  non-generic  forms  of
    16  opioid antagonists and devices.
    17    (B)  As used in this subsection "opioid antagonist and device" means a
    18  drug approved by the Food and Drug Administration  that,  when  adminis-
    19  tered,  negates  or  neutralizes in whole or in part the pharmacological
    20  effects of an opioid in the body. "Opioid antagonist" shall  be  limited
    21  to  naloxone  and other medications approved by the department of health
    22  for such purpose.
    23    (2) Coverage provided under this subsection may be subject  to  annual
    24  deductibles and co-insurance as deemed appropriate by the superintendent
    25  and  that  are  consistent with those imposed on other benefits within a
    26  given policy.
    27    § 4. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.