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A08117 Summary:

BILL NOA08117
 
SAME ASNo Same As
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Amd 13, Work Comp L
 
Relates to contracted network pharmacy use.
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A08117 Actions:

BILL NOA08117
 
06/03/2019referred to labor
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A08117 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8117
 
SPONSOR: Bronson
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to contracted network pharmacy use   PURPOSE: Authorizes workers' compensation claimants to use any in-state pharmacy that is registered with the education department   SUMMARY OF PROVISIONS: Sections one amends paragraph 5 of subdivision (i) of Section 13 of the workers' compensation law, as added by chapter 6 of the laws of 2007, by allowing workers compensation claimants to obtain prescribed medicines at a pharmacy of their choice, so long as that pharmacy is registered as a resident, in-state pharmacy with NYSED. Section two sets forth the effective date.   JUSTIFICATION: This bill will provide workers compensation claimants with greater flex- ibility by allowing them to fill their prescriptions not only at network pharmacies with whom an employer or carrier encourages an exclusive relationship, but also at pharmacies that are registered as resident, instate pharmacies with the New York State Department of Education. While providing injured claimants with the convenience they need to best remedy their ailments, this legislation also has the added benefit of conferring economic gain to our State's small businesses.   FISCAL IMPACT: To be determined   PRIOR LEGISLATIVE HISTORY: New bill   EFFECTIVE DATE: This act will take effect on the one hundred twentieth day after it shall have become a law.
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A08117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8117
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 3, 2019
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13089-01-9

        A. 8117                             2
 
     1  encourage  claimants  to  use  it  exclusively,  claimants  may   obtain
     2  prescribed  medicines  at  the pharmacy or pharmacies of their choice so
     3  long as that pharmacy is registered as  a  resident,  in-state  pharmacy
     4  with  the  New  York state board of pharmacy and the employer or carrier
     5  will be liable for such charges in  accordance  with  the  fee  schedule
     6  prescribed  in section thirteen-o of this article so long as the medica-
     7  tions are causally related to the claimants' work related  injuries  and
     8  are in accordance with the New York state workers' compensation pharmacy
     9  formulary and all other applicable board regulations regarding pharmacy.
    10  This  paragraph will not apply to any resident, in-state pharmacies that
    11  are contracted with the network pharmacy that the  employer  or  carrier
    12  designates  as  their  preferred  and  encouraged network pharmacy. Such
    13  pharmacies are obligated to process all claims  through  their  contract
    14  with the employer's or carrier's designated network pharmacy. This para-
    15  graph  will  also not apply to any non-resident, out-of-state pharmacies
    16  nor shall it apply to any compound  medications  that  the  claimant  is
    17  prescribed.  The  employer  or  carrier  will have the right to deny any
    18  charges that originate from non-resident,  out-of-state  pharmacies  and
    19  deny  any  charges  for non-FDA approved extemporaneous compound medica-
    20  tions.
    21    § 2. This act shall take effect immediately.
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