Authorizes out of state businesses engaged in the sale of prescriptions and registered with the education department, to deliver prescriptions to users off the premises of such business

BILL NUMBER:S2661A

Title of bill

An act to amend the education law, in relation to delivery of prescriptions off premises of a pharmacy

Purpose

Makes provisions requiring consent prior to the delivery of a prescription or refill off premises applicable to non-resident pharmacies and provides that consent may be obtained in the same manner required by Medicare Part D.

Summary of provisions

Section one amends Education Law § 6810(2)(a) to ensure the provisions of this section apply to pharmacies registered with the Department of Education under Education Law § 6808-b. This section also amends the consent requirement to provide that consent may be obtained in the same manner and process as deemed acceptable under the federal Medicare Part D program.

Section two provides that the act shall take effect immediately and shall be deemed to have been in full force and effect on and after October 21, 2014.

Justification

Chapter 413 of 2014, which was signed into law on October 21, 2014, prohibits a pharmacy from delivering a prescription or refill off premises without the consent of the patient. This law was enacted as a consumer protection measure with the goals of reducing medical costs and waste. The Centers for Medicare & Medicaid Services also recently implemented provisions requiring consent for mail order prescriptions in response to their findings that many drug plans were not ensuring customers still needed their medication, resulting in waste and unnecessary costs to consumers as well as Medicare.

While this measure was intended to apply to all prescriptions delivered to the citizens in this state, as written the statute only gave the Department of Education express authority to apply these provisions to resident pharmacies registered under Education Law 6808. Since the bulk mail order pharmacies reside outside of state lines, this legislation is necessary to ensure the Department of Education has authority to enforce the requirements set forth by Chapter 413 of 2014 to non-resident pharmacies. Further, this legislation would allow consent to be obtained in the same manner and process as required by Medicare Part D, ensuring a uniform approach among payers.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately and deemed to have been in full force and effect on and after October 21, 2014.