Relates to prescription prices and pharmacies for injured employees; repealer

6 Co-sponsors

• Joseph P. Addabbo Jr.
• Ruben Diaz
• Martin Malavé Dilan
• Liz Krueger
• Toby Ann Stavisky
• Antoine M. Thompson

BILL NUMBER:S2978B

Title of bill

An act to amend the workers' compensation law, in relation to prescription prices and pharmacies for injured employees and to repeal section 88 of such law relating thereto

Purpose

This legislation would restore the ability of a claimant, in a workers' compensation case, to choose a pharmacy to provide necessary medication for his or her injuries if such pharmacy adheres to the published prices for medications.

Summary of provisions

Section 1 - amends paragraph 5 of subdivision (i) of section 13 of the Workers Compensation law and adds three new paragraphs 6, 7 and 8 as follows:

* allows a claimant to use the pharmacy of their choice if the pharmacy adheres to the published prices for medications; * allows a pharmacy to have standing in a disputed workers compensation claim; and, * provides that an "initial fill" cannot be for more than 14 days within the first 72 hours of initial medical care.

Section 2 - amends section 88 of the worker's compensation law deleting language regarding administrative expenditures

Section 3 - repeals section 88 of the workers compensation law

Section 4 - provides for an immediate effective date

Existing law

Section 13 subdivision (i) allows an employer or carrier to require claimants obtain prescription medicines from the pharmacy it has contracted with.

Justification

The Workers Compensation Reform Bill, Chapter 6 of the Laws of 2007, made significant and important changes to the workers compensation law. Included in these changes was the creation of a pharmaceutical fee schedule that should result in significant savings to the State of New York. But, when this legislation was passed and signed into law, language was placed into the legislation that eliminated an employee's ability to choose his or her pharmaceutical care. The ability to choose one's own pharmacy is an important right. The choice of a pharmacy ensures that the employee gets the best possible healthcare and it eliminates the ability of an employer or carrier to control the employee's healthcare options. Currently, an

overwhelming majority of the states in the United States provide an employee with the ability to choose his or her own pharmacy. New York has always taken this position and the bill would simply restore the rights of the employee to choose their own healthcare provided that the pharmacy they choose adheres to the established fee schedule.

Legislative history

2009 Session: New Legislation

Fiscal implications

Savings to the workers compensation system were derived from the creation of a pharmaceutical fee schedule that was established by Chapter 6 of the Laws of 2007. The changes to the legislation would not impact that fee schedule and therefore would not impose any additional costs to the state.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.