BILL NUMBER: S1974A
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to contracted
network pharmacy use
 
PURPOSE:
To authorize workers' compensation claimants to use any in-state pharma-
cy that is registered with the education department.
 
SUMMARY OF PROVISIONS:
Sections 1-2 of the bill amend paragraph 5 of subdivision (i) of section
13 of the workers' compensation law, as added by chapter 6 of the laws
of 2007.
Section 1 of the bill allows employers or insurance carriers to encour-
age claimants to obtain all prescribed medications from contracted phar-
macies.
Provides requirement for the employer to notify claimants of the pharma-
cy or pharmacies with which it has contracted, the respective locations
and addresses, and if applicable, on how to fill and refill
prescriptions through the mail, interne, telephone or other means and
any other information that needs to be provided to the pharmacy.
Provides circumstances under which a claimant can obtain prescribed
medications from out-of-network pharmacies if an employer or carrier
fails to provide the required access for medication to the claimant.
Provides requirements for dispensation of medication by pharmacists and
establishes liability for medication.
Requires the insurance carrier to pay the pharmacy directly within
forty-five business days of approval of any dispensed medication.
Section 2 sets 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:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.