Bill Text: NY S07245 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Relates to contracted network pharmacy use.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-10-16 - PRINT NUMBER 7245A [S07245 Detail]

Download: New_York-2019-S07245-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7245

                    IN SENATE

                                    January 14, 2020
                                       ___________

        Introduced  by  Sen.  RAMOS  -- 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 contracted
          network pharmacy use

          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 to read as follows:
     4    (5) Notwithstanding any other provision of this chapter, if an employ-
     5  er or carrier has contracted with a pharmacy to provide prescribed medi-
     6  cine to claimants, then such employer or carrier may [require] encourage
     7  claimants  to  obtain  all  prescribed  medicines from the pharmacy with
     8  which it has contracted[, except if a medical emergency  occurs  and  it
     9  would   not  be  reasonably  possible  to  obtain  immediately  required
    10  prescribed medicine from the pharmacy with which the employer or carrier
    11  has a contract]. An  employer  or  carrier  that  [requires]  encourages
    12  claimants  to  obtain prescribed medicines from a pharmacy with which it
    13  has a contract must notify claimants of the pharmacy or pharmacies  with
    14  which  it has a contract, the locations and addresses of the pharmacy or
    15  pharmacies,  if  applicable,  how   to   initially   fill   and   refill
    16  prescriptions  through the mail, internet, telephone or other means, and
    17  any other required information that must be supplied to the pharmacy  or
    18  pharmacies.  [If  the  pharmacy or pharmacies with which the employer or
    19  carrier contracts does not offer mail order service and does not have  a
    20  physical  location  within  a  reasonable distance from the claimant, as
    21  defined by regulation of the board, the claimant may  obtain  prescribed
    22  medicines  at  the  pharmacy  or pharmacies of his or her choice and the
    23  employer or carrier will be liable for such charges in  accordance  with
    24  the fee schedule prescribed in section thirteen-o of this chapter] While
    25  an  employer  or  a  carrier  may  contract  with a network pharmacy and
    26  encourage  claimants  to  use  it  exclusively,  claimants  may   obtain
    27  prescribed  medicines  at  the pharmacy or pharmacies of their choice so
    28  long as that pharmacy is registered as  a  resident,  in-state  pharmacy

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13089-01-9
        S. 7245                             2

     1  with  the  New  York state board of pharmacy and the employer or carrier
     2  will be liable for such charges in  accordance  with  the  fee  schedule
     3  prescribed  in section thirteen-o of this article so long as the medica-
     4  tions  are  causally related to the claimants' work related injuries and
     5  are in accordance with the New York state workers' compensation pharmacy
     6  formulary and all other applicable board regulations regarding pharmacy.
     7  This paragraph will not apply to any resident, in-state pharmacies  that
     8  are  contracted  with  the network pharmacy that the employer or carrier
     9  designates as their preferred  and  encouraged  network  pharmacy.  Such
    10  pharmacies  are  obligated  to process all claims through their contract
    11  with the employer's or carrier's designated network pharmacy. This para-
    12  graph will also not apply to any non-resident,  out-of-state  pharmacies
    13  nor  shall  it  apply  to  any compound medications that the claimant is
    14  prescribed. The employer or carrier will have  the  right  to  deny  any
    15  charges  that  originate  from non-resident, out-of-state pharmacies and
    16  deny any charges for non-FDA approved  extemporaneous  compound  medica-
    17  tions.
    18    § 2. This act shall take effect immediately.