Emergency Prescription Access Program

Section 1. The public health law is amended by adding two new sections 279-a and 279-b to read as follows:

§ 279-a. Drug assistance demonstration program. 1. The commissioner shall develop a demonstration program (the "program") to provide access to insulin and other life sustaining maintenance prescription drugs identified by the commissioner for residents of the state who are without health coverage, are ineligible for Medicaid or other publicly funded health coverage, or are otherwise determined to be eligible by the commissioner and depend upon such medication for their survival. In 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

(a) consider modeling the program on the state's HIV/AIDS drug assistance program providing access to eligible individuals at certain income thresholds above the federal poverty level; and

(b) engage with pharmaceutical manufacturers to explore a public private partnership to bring affordable drugs through the program to eligible individuals.

2. The commissioner shall report to the governor, the temporary president of the senate, the speaker of the assembly, and the chairs of the senate and assembly health committees on the available options to establish the program, various cost sharing models for eligible participants and the related costs to the state associated with implementing the program. The report shall be a public document posted on the department's website. The report shall be issued no later than three months after the effective date of this section.

§ 279-b. Emergency prescriptions. 1. A health care practitioner who is authorized to prescribe a drug may issue a non-patient-specific prescription for the drug to a pharmacist to dispense an emergency refill for an expired prescription for the drug, under subdivision two of this section.

2. A pharmacist may dispense insulin and related supplies, or other life sustaining maintenance prescription drug identified by the commissioner, through a non-patient-specific prescription, to an individual who has had a valid prescription for the drug during the prior twelve month period which has since expired, on an emergency basis provided the pharmacist:

(a) first attempts to obtain an authorization from the prescriber of the patient-specific prescription and cannot obtain the authorization, and the prescriber does not object to dispensing to the patient under the non-patient-specific prescription;

(b) believes that, in the pharmacist's professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence detrimental to the patient's welfare or cause physical or mental discomfort;

(c) provides refill of the prescription and the quantity of that refill is in conformity with the directions for use under the patientspecific prescription, but limited to an amount not to exceed a thirtyday emergency supply; and

(d) notifies, within seventy-two hours of dispensing the refill or refills, the original prescriber that an emergency prescription has been dispensed.

§ 2. This act shall take effect immediately.