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A08533 Summary:

BILL NOA08533B
 
SAME ASSAME AS S06492-B
 
SPONSORJoyner
 
COSPNSRO'Donnell, Lentol, Williams, Reyes, Seawright, Simon, Hevesi, Fernandez, Dinowitz, Burke, Mosley, Dickens, Rosenthal L, Arroyo, Fall, Smith, McDonough, Montesano, Ortiz, Colton, Thiele, Jaffee, Gunther, Cruz, Cook, Magnarelli, Walker, Carroll, De La Rosa, Blake, Griffin, D'Urso, Bronson, DenDekker, Benedetto, Sayegh, Jacobson, Stirpe, Manktelow, Gottfried, Barron, Otis, Taylor, Simotas, Crespo, Rosenthal D, Niou, Glick, Woerner, Lavine, Abinanti, Miller MG, Aubry, Buttenschon, Barnwell
 
MLTSPNSRBuchwald, Tague
 
Add 279-a & 279-b, Pub Health L
 
Establishes a drug assistance demonstration program and authorizes emergency prescriptions.
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A08533 Actions:

BILL NOA08533B
 
08/14/2019referred to health
01/08/2020referred to health
02/10/2020amend and recommit to health
02/10/2020print number 8533a
07/01/2020amend (t) and recommit to health
07/01/2020print number 8533b
07/13/2020reported referred to ways and means
07/22/2020reported referred to rules
07/22/2020reported
07/22/2020rules report cal.314
07/22/2020ordered to third reading rules cal.314
07/23/2020substituted by s6492b
 S06492 AMEND=B RIVERA
 06/13/2019REFERRED TO RULES
 06/18/2019ORDERED TO THIRD READING CAL.1642
 06/18/2019PASSED SENATE
 06/18/2019DELIVERED TO ASSEMBLY
 06/19/2019referred to health
 01/08/2020died in assembly
 01/08/2020returned to senate
 01/08/2020REFERRED TO HEALTH
 01/14/2020AMEND AND RECOMMIT TO HEALTH
 01/14/2020PRINT NUMBER 6492A
 01/28/2020REPORTED AND COMMITTED TO FINANCE
 03/03/20201ST REPORT CAL.555
 03/04/20202ND REPORT CAL.
 03/10/2020ADVANCED TO THIRD READING
 06/10/2020AMENDED ON THIRD READING 6492B
 07/21/2020PASSED SENATE
 07/21/2020DELIVERED TO ASSEMBLY
 07/21/2020referred to ways and means
 07/23/2020substituted for a8533b
 07/23/2020ordered to third reading rules cal.314
 07/23/2020passed assembly
 07/23/2020returned to senate
 12/30/2020DELIVERED TO GOVERNOR
 01/30/2021SIGNED CHAP.388
 01/30/2021APPROVAL MEMO.77
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A08533 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8533B
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the public health law, in relation to drug assistance demonstration and emergency prescriptions   PURPOSE: To ensure that those in need of insulin and Other life sustaining medi- cations can access them through a drug an assistance demonstration program and emergency refills for expired prescriptions   SUMMARY OF PROVISIONS: Section 1 amends Public Health Law to add a new section 279-a directing the Department of Health to develop a demonstration program to ensure access to insulin and other life sustaining, maintenance prescription medications for patient who meet certain medical criteria, are uninsured or underinsured and are ineligible for Medicaid or other publicly funded health coverage and meet certain financial criteria. The Department is directed to report to the Governor and Legislature on its findings no later than three months after enactment. This section also creates a new section 279-b to allow a health care provider to issue non-patient specific standing orders for a pharmacist to dispense emergency prescriptions to refills expired prescriptions for any types of insulin, or other medications identified by the commission- er, for an individual whose prescription has expired within the last twelve months and is unable to get authorization for a refill. Pharma- cists are allowed to dispense emergency refill of insulins, related supplies or other life sustaining, maintenance prescription medications identified by the commissioner under this section. Section 2 provides an effective date.   JUSTIFICATION: In recent years, there has been a dramatic rise in prices for insulin, a lifesaving prescription medication that many people with diabetes must take to regulate their glucose levels. According to the American Diabetes Association, about 7.4 million Americans rely on insulin and approximately 2 million of those are New York residents. The cost of the four most popular types of insulin have tripled over the last decade, and the out of pocket costs have doubled. These price hikes are report- edly not attributable to increases in usage or new products that are more innovative. They not only affect those who are uninsured and unde- rinsured, they also affect those with health insurance who experience exorbitant co-pays. The rising costs of insulin have dramatic effects on patients. Studies have shown that 1 in 4 patients use less insulin than prescribed in order to ration it. Rationing is very dangerous and can lead to deadly outcomes for those who depend on insulin. As a result of the skyrocketing insulin prices, congress initiated public hearings in 2019 to investigate what can be done nationally to control prices and several states are taking action to make sure patients who depend on insulin for their very survival can get it. Some consumers have report- edly begun travelling to Canada to secure more affordable insulin. States are also taking action. As part of the 2020-21 State budget New York joined with other states that have capped cost sharing for insulin and adopted a limit on copay- ments of $100 for a thirty-day supply of each insulin. This bill was amended to remove the cost sharing limits. Several states have also enacted laws to ensure that when a prescription for insulin has expired, a pharmacist has the ability to provide an emergency refill, as this bill does. This legislation also directs the Department of Health to develop a Drug Assistance Demonstration Program to assist patients who do not have insurance, are not eligible for Medicaid or other publicly funded health care coverage, or are deemed eligible by the Commissioner, to be able to access life sustaining medications such as insulin. It directs the Department to report to the Governor and the legislature on the options available to establish such a program and the resultant state costs to support such a program. Extreme adverse effects which result from lack of insulin are very costly to our health care system. Reducing the instances of these adverse affects that insulin dependent individuals experience by creating a drug assistance program will not only reduce pain, suffering and death but help to lower overall health care expenses. ill New York has a long history of being ahead of the nation in providing health care assistance to its resident's. In the 1980's, in response to the AIDS epidemic, New York was one of the first states to create a program to provide AIDS/HIV medications to. low-income patients. New York should look at this groundbreaking program as a model to ensure New Yorkers who depend on other life sustaining medications, like insulin, also have access to assistance, especially in light of the skyrocketing costs. This legislation provides a multi-pronged approach to addressing access to insulin for patients in New York who rely upon it for their very existence.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately
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A08533 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8533--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  JOYNER,  O'DONNELL, LENTOL, WILLIAMS, REYES,
          SEAWRIGHT, SIMON, HEVESI, FERNANDEZ, DINOWITZ, BURKE, MOSLEY, DICKENS,
          L. ROSENTHAL,  ARROYO,  FALL,  SMITH,  McDONOUGH,  MONTESANO,   ORTIZ,
          COLTON,  THIELE,  JAFFEE,  GUNTHER,  CRUZ,  COOK,  MAGNARELLI, WALKER,
          CARROLL, DE LA ROSA, BLAKE, GRIFFIN, D'URSO, BRONSON, DenDEKKER, BENE-
          DETTO, SAYEGH, JACOBSON, STIRPE, MANKTELOW, GOTTFRIED,  BARRON,  OTIS,
          TAYLOR, SIMOTAS, D. ROSENTHAL, NIOU, GLICK, WOERNER, LAVINE, ABINANTI,
          M. G. MILLER,  AUBRY,  BUTTENSCHON  --  Multi-Sponsored by -- M. of A.
          BUCHWALD, TAGUE -- read once and referred to the Committee  on  Health
          --  recommitted to the Committee on Health in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Health in accordance with Assembly Rule 3, sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the public health law, in relation  to  drug  assistance
          demonstration and emergency prescriptions

          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 two new sections
     2  279-a and 279-b to read as follows:
     3    § 279-a. Drug assistance demonstration program.  1.  The  commissioner
     4  shall  develop a demonstration program (the "program") to provide access
     5  to insulin and other  life  sustaining  maintenance  prescription  drugs
     6  identified  by the commissioner for residents of the state who are with-
     7  out health coverage, are ineligible for Medicaid or other publicly fund-
     8  ed health coverage, or are otherwise determined to be  eligible  by  the
     9  commissioner  and  depend  upon  such  medication for their survival. In
    10  developing the program the commissioner shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13323-12-0

        A. 8533--B                          2
 
     1    (a) consider modeling the program on the state's HIV/AIDS drug assist-
     2  ance program providing access to eligible individuals at certain  income
     3  thresholds above the federal poverty level; and
     4    (b)  engage  with  pharmaceutical  manufacturers  to  explore a public
     5  private partnership to bring affordable drugs  through  the  program  to
     6  eligible individuals.
     7    2. The commissioner shall report to the governor, the temporary presi-
     8  dent  of  the senate, the speaker of the assembly, and the chairs of the
     9  senate and assembly health committees on the available options to estab-
    10  lish the program, various cost sharing models for eligible  participants
    11  and  the  related  costs  to  the state associated with implementing the
    12  program. The report shall be a public document  posted  on  the  depart-
    13  ment's  website.  The  report shall be issued no later than three months
    14  after the effective date of this section.
    15    § 279-b. Emergency prescriptions. 1. A health care practitioner who is
    16  authorized  to  prescribe  a  drug  may  issue  a   non-patient-specific
    17  prescription  for  the  drug  to  a  pharmacist to dispense an emergency
    18  refill for an expired prescription for the drug, under  subdivision  two
    19  of this section.
    20    2.  A  pharmacist  may dispense insulin and related supplies, or other
    21  life sustaining maintenance prescription drug identified by the  commis-
    22  sioner,  through  a  non-patient-specific prescription, to an individual
    23  who has had a valid prescription for the drug during  the  prior  twelve
    24  month period which has since expired, on an emergency basis provided the
    25  pharmacist:
    26    (a)  first  attempts to obtain an authorization from the prescriber of
    27  the patient-specific prescription and cannot obtain  the  authorization,
    28  and  the  prescriber  does not object to dispensing to the patient under
    29  the non-patient-specific prescription;
    30    (b) believes that, in  the  pharmacist's  professional  judgment,  the
    31  interruption  of  the  therapy  reasonably  might produce an undesirable
    32  health consequence detrimental to the patient's welfare or  cause  phys-
    33  ical or mental discomfort;
    34    (c)  provides  refill  of  the  prescription  and the quantity of that
    35  refill is in conformity with the directions for use under  the  patient-
    36  specific  prescription, but limited to an amount not to exceed a thirty-
    37  day emergency supply; and
    38    (d) notifies, within seventy-two hours of  dispensing  the  refill  or
    39  refills, the original prescriber that an emergency prescription has been
    40  dispensed.
    41    § 2. This act shall take effect immediately.
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