|SAME AS||No Same As|
|Amd §13, Work Comp L|
|Relates to contracted network pharmacy use.|
|06/03/2019||referred to labor|
Go to top
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.
Go to top
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 it9 would not be reasonably possible to obtain immediately required10 prescribed medicine from the pharmacy with which the employer or carrier11 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 or19 carrier contracts does not offer mail order service and does not have a20 physical location within a reasonable distance from the claimant, as21 defined by regulation of the board, the claimant may obtain prescribed22 medicines at the pharmacy or pharmacies of his or her choice and the23 employer or carrier will be liable for such charges in accordance with24 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. LBD13089-01-9A. 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.