Bill Text: NY S03222 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes an emergency insulin program and corresponding emergency insulin program trust fund to facilitate emergency access to analog insulins.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S03222 Detail]
Download: New_York-2023-S03222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3222 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. RIVERA, GOUNARDES, KRUEGER, MYRIE, PERSAUD, SEPULVE- DA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the state finance law, in relation to an emergency insulin program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new article 2 28-CC to read as follows: 3 ARTICLE 28-CC 4 EMERGENCY INSULIN PROGRAM 5 Section 2894. Emergency insulin program. 6 § 2894. Emergency insulin program. 1. The commissioner is authorized 7 and directed to establish an emergency insulin program to ensure that 8 recipients of the program can access emergency supplies of analog insu- 9 lins and related supplies. The commissioner shall immediately engage 10 analog insulin manufacturers to support the state program and facilitate 11 quick access to affordable analog insulins in emergency situations. The 12 commissioner shall establish standards for approval of any emergency 13 insulin program, and analog insulin prescribing, dispensing, distrib- 14 ution, and possession pursuant to this section which may include, but 15 not be limited to, standards for program directors, appropriate clinical 16 oversight, training, record keeping and reporting. The emergency insulin 17 program shall, pursuant to an appropriation or sufficient funds in the 18 emergency insulin program trust fund, be available to recipients no 19 later than April first, two thousand twenty-four. 20 2. (a) As used in this section: 21 (i) "Analog insulins" means at a minimum short-acting, rapid-acting, 22 intermediate and long acting insulin drugs approved by the Food and Drug 23 Administration that, when administered, to certain recipients are life- 24 saving, and help avoid serious adverse effects associated with type one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05256-01-3S. 3222 2 1 diabetes and in some limited cases type two diabetes, and other medica- 2 tions and supplies approved by the department for such purpose. 3 (ii) "Health care professional" means a person licensed, registered or 4 authorized pursuant to title eight of the education law to prescribe 5 prescription drugs. 6 (iii) "Pharmacist" means a person licensed or authorized to practice 7 pharmacy pursuant to article one hundred thirty-seven of the education 8 law. 9 (iv) "Recipient" means a person: (1) diagnosed with type one diabetes, 10 or type two insulin dependent diabetes; and (2) who is at risk of expe- 11 riencing serious adverse health effects due to a lack of analog insu- 12 lins; and (3) who is uninsured or underinsured; or (4) an organization 13 registered as an emergency insulin program pursuant to this section. 14 (b)(i) A health care professional may prescribe by a patient-specific 15 or non-patient-specific prescription, dispense or distribute, directly 16 or indirectly, analog insulins to a recipient. 17 (ii) A pharmacist may dispense analog insulins, through a patient-spe- 18 cific or non-patient-specific prescription pursuant to this paragraph, 19 to a recipient. 20 (iii) The provisions of this paragraph shall not be deemed to require 21 a prescription for any analog insulins that do not otherwise require a 22 prescription; nor shall it be deemed to limit the authority of a health 23 care professional to prescribe, dispense or distribute, or of a pharma- 24 cist to dispense, analog insulins under any other provision of law. 25 (iv) Any pharmacy with twenty or more locations in the state, and any 26 facility established pursuant to article twenty-eight of this chapter 27 which has a drug discount program authorized by section 340B of the 28 Federal Public Health Service act 42 U.S.C § 256b shall pursue or main- 29 tain a non-patient-specific prescription with an authorized health care 30 professional to dispense analog insulins to a recipient upon request, as 31 authorized by this section; and register with the department as an emer- 32 gency insulin program no later than January first, two thousand twenty- 33 four. 34 3. Use or dispensing of analog insulins pursuant to this section shall 35 be considered first aid or emergency treatment for the purpose of any 36 statute relating to liability. 37 4. The commissioner shall immediately begin to work with analog insu- 38 lin manufacturers in creating such program to ensure they are working 39 with the state in a public-private partnership to support the state's 40 streamlined emergency insulin program that may replicate patient support 41 programs such manufacturers have. A manufacturer may contribute to the 42 program through the emergency insulin program trust fund established 43 pursuant to section ninety-five-1 of the state finance law. 44 5. The commissioner may establish a sliding scale for cost sharing for 45 certain recipients which shall not exceed one hundred dollars for a 46 thirty-day supply of analog insulins and related supplies. 47 6. The commissioner shall publish findings on the emergency insulin 48 program including but not limited to the number of programs established, 49 the number of recipients served, the types and amounts of analog insu- 50 lins provided, the costs and savings associated with the program, and 51 what public-private partnerships the state has facilitated to support 52 this program to the governor and the chairs of the senate and assembly 53 health committees within one year of the effective date of this article 54 and every two years thereafter. 55 § 2. The state finance law is amended by adding a new section 95-1 to 56 read as follows:S. 3222 3 1 § 95-1. Emergency insulin program trust fund. 1. There is hereby 2 established in the joint custody of the state comptroller and the 3 commissioner of taxation and finance a special fund to be known as the 4 "emergency insulin program trust fund". 5 2. Such fund shall consist of all monies appropriated for its purpose 6 and all monies received, or to be paid into or credited to such fund by 7 analog insulin manufacturers pursuant to subdivision four of section 8 twenty-eight hundred ninety-four of the public health law. Nothing 9 contained herein shall prevent the state from receiving assessments, 10 grants, gifts or bequests for the purposes of the fund as defined in 11 this section and depositing them into the fund according to law. 12 3. Monies of the fund shall be expended only to support the emergency 13 insulin program established pursuant to article twenty-eight-CC of the 14 public health law administered by the commissioner of health and for 15 funding emergency access to analog insulins. 16 4. Monies shall be payable from the fund on the audit and warrant of 17 the comptroller on vouchers approved and certified by the commissioner 18 of health. 19 § 3. This act shall take effect immediately.
