STATE OF NEW YORK
        ________________________________________________________________________

                                          10165

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

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

        AN ACT to amend the insurance law, in relation to requiring policies and
          contracts that provide coverage  for  prescription  drugs  to  include
          coverage   of   an   immediate   additional  thirty-day  supply  of  a
          prescription drug during a state disaster emergency

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

     1    Section  1.  Section  3242 of the insurance law is amended by adding a
     2  new subsection (c) to read as follows:
     3    (c) (1) Every policy delivered or issued for delivery  in  this  state
     4  that provides coverage for prescription drugs shall include in the poli-
     5  cy  a  process  that  allows  an insured, the insured's designee, or the
     6  insured's prescribing health care  provider  to  immediately  obtain  an
     7  additional thirty-day supply of any current prescription of the insured,
     8  except  as  provided  in  paragraph  two of this subsection, at the same
     9  level of coverage as a normal refill of such prescription drug upon  the
    10  declaration  of  a  state disaster emergency pursuant to section twenty-
    11  eight of the executive law.
    12    (2) The commissioner of health shall promulgate a list of prescription
    13  drugs which shall not be subject to the provisions of paragraph  one  of
    14  this  subsection.    Such list shall include, but not be limited to, all
    15  schedule II and schedule III controlled substances.
    16    § 2. Section 4329 of the insurance law is  amended  by  adding  a  new
    17  subsection (c) to read as follows:
    18    (c)  (1)  Every  contract  issued  by  a  corporation  subject  to the
    19  provisions of this article that provides coverage for prescription drugs
    20  shall include in the contract a process  that  allows  an  insured,  the
    21  insured's designee, or the insured's prescribing health care provider to
    22  immediately  obtain  an  additional  thirty-day  supply  of  any current
    23  prescription of the insured, except as provided in paragraph two of this
    24  subsection, at the same level of coverage as a  normal  refill  of  such
    25  prescription  drug  upon  the  declaration of a state disaster emergency
    26  pursuant to section twenty-eight of the executive law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15749-01-0
        A. 10165                            2

     1    (2) The commissioner of health shall promulgate a list of prescription
     2  drugs which shall not be subject to the provisions of paragraph  one  of
     3  this  subsection.    Such list shall include, but not be limited to, all
     4  schedule II and schedule III controlled substances.
     5    §  3.  This  act  shall take effect immediately and shall apply to all
     6  policies and contracts issued, renewed, modified, altered or amended  on
     7  or after such date.