Bill Text: NY S01754 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to prescription prices and pharmacies for injured employees.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S01754 Detail]
Download: New_York-2013-S01754-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1754 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to prescription prices and pharmacies for injured employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph 5 of subdivision (i) of section 13 of the work- 2 ers' compensation law, as added by chapter 6 of the laws of 2007, is 3 amended and a new paragraph 6 is added to read as follows: 4 (5) [Notwithstanding any other provision of this chapter, if] IF an 5 employer or carrier has contracted with a pharmacy to provide prescribed 6 medicine to claimants, then such employer or carrier may require claim- 7 ants to obtain all prescribed medicines from the pharmacy with which it 8 has contracted, except if a medical emergency occurs and it would not be 9 reasonably possible to obtain immediately required prescribed medicine 10 from the pharmacy with which the employer or carrier has a contract. An 11 employer or carrier that requires claimants to obtain prescribed medi- 12 cines from a pharmacy with which it has a contract must notify claimants 13 of the pharmacy or pharmacies with which it has a contract, the 14 locations and addresses of the pharmacy or pharmacies, if applicable, 15 how to initially fill and refill prescriptions through the mail, inter- 16 net, telephone or other means, and any other required information that 17 must be supplied to the pharmacy or pharmacies. If the pharmacy or phar- 18 macies with which the employer or carrier contracts does not offer mail 19 order service and does not have a physical location within a reasonable 20 distance from the claimant, as defined by regulation of the board, the 21 claimant may obtain prescribed medicines at the pharmacy or pharmacies 22 of his or her choice and the employer or carrier will be liable for such 23 charges in accordance with the fee schedule prescribed in section thir- 24 teen-o of this [chapter] ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02741-01-3 S. 1754 2 1 (6) NOTWITHSTANDING PARAGRAPH FIVE OF THIS SUBDIVISION, AN EMPLOYER OR 2 CARRIER SHALL BE PROHIBITED FROM REFUSING TO ALLOW A CLAIMANT TO UTILIZE 3 A PHARMACY OF HIS OR HER CHOICE TO FURNISH THE PRESCRIBED MEDICATIONS 4 REQUIRED BY THE CLAIMANT AS LONG AS SUCH PHARMACY'S CHARGES ARE BELOW 5 THE PHARMACEUTICAL FEE SCHEDULE ADOPTED BY THE CHAIR. 6 S 2. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law.