Bill Text: NY S02949 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3-10 day supply; prohibits the imposition of an additional health insurance copayment if a subsequent prescription is issued for an aggregate of not more than a 30 day supply of such controlled substance.

Spectrum: Moderate Partisan Bill (Republican 23-4)

Status: (Engrossed - Dead) 2014-06-09 - referred to health [S02949 Detail]

Download: New_York-2013-S02949-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2949
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 25, 2013
                                      ___________
       Introduced  by  Sens.  HANNON, LAVALLE, MARTINS, MAZIARZ, ZELDIN -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Health
       AN  ACT  to  amend  the  public  health law, in relation to limiting the
         initial prescription of a controlled substance for the alleviation  of
         acute  pain  to  between  a  three to ten day supply; and to amend the
         insurance law, in relation to coverage of such prescriptions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 5 of section 3331 of the public health law, as
    2  amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
    3  follows:
    4    5. (A) No more than a thirty day supply or, pursuant to regulations of
    5  the  commissioner  enumerating  conditions  warranting specified greater
    6  supplies, no more than a three month supply of a schedule II, III or  IV
    7  substance, as determined by the directed dosage and frequency of dosage,
    8  may be dispensed by an authorized practitioner at one time.
    9    (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
   10  SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
   11  SIONAL OPINION OR DISCRETION, MAY DISPENSE OR  PRESCRIBE  NO  MORE  THAN
   12  BETWEEN  A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III CONTROLLED
   13  SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
   14  OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
   15  OF THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF  PARA-
   16  GRAPH (A) OF THIS SUBDIVISION.
   17    (C)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "ACUTE PAIN" MEANS PAIN,
   18  WHETHER ACCIDENTAL OR INTENTIONAL, THAT LASTS ONLY  A  SHORT  OR  FINITE
   19  PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
   20  PALLIATIVE CARE PRACTICES.
   21    S 2. Subsection (i) of section 3216 of the insurance law is amended by
   22  adding a new paragraph 30 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02570-01-3
       S. 2949                             2
    1    (30)  NO  POLICY  DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
    2  PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES  FOR  COPAY-
    3  MENTS  BY  COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS
    4  PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG  FOR  ACUTE  PAIN  IN
    5  ACCORDANCE   WITH   PARAGRAPH   (B)   OF  SUBDIVISION  FIVE  OF  SECTION
    6  THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN  ADDITIONAL
    7  COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
    8  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
    9  DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
   10  SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
   11  TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
   12  PARAGRAPH.
   13    S 3. Subsection (k) of section 3221 of the insurance law is amended by
   14  adding a new paragraph 19 to read as follows:
   15    (19)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
   16  THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
   17  PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
   18  COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
   19  DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
   20  OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
   21  ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
   22  HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
   23  PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
   24  LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
   25  TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
   26  ANT TO SUCH PARAGRAPH.
   27    S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
   28  subsection (jj) to read as follows:
   29    (JJ) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
   30  RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
   31  PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
   32  SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
   33  OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
   34  OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
   35  PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
   36  WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
   37  TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
   38  SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
   39  PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
   40  ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
   41    S  5.  This  act  shall take effect on the sixtieth day after it shall
   42  have become a law.