What's happening
This bill allows insured individuals to refill most prescriptions up to fifteen days early during a declared state disaster emergency.
Why it matters
Improves access to essential medications during emergencies. By allowing insured individuals to refill most prescriptions early, the bill helps people avoid gaps in medication access when disasters disrupt travel, pharmacy operations, or supply chains.
Excludes high-risk controlled substances for safety. Schedule II and III controlled substances (such as certain painkillers and stimulants) are not eligible for early refills, reducing the risk of misuse or diversion during chaotic times.
Empowers patients and care teams. The policy lets not only the insured, but also their designees or prescribing providers, request early refills, which is particularly important if the patient is incapacitated or unable to manage their own care during a disaster.
Requires insurance coverage parity. Early refills must be provided at the same coverage level as regular refills, preventing insurers from increasing out-of-pocket costs for those needing early access due to an emergency.
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Who cares
Headline styles
Early Prescription Refills Allowed
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8170
IN SENATE
April 13, 2020
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to permitting prescription refills to be filled fifteen days prior to their refill date during a state disaster emergency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3242 of the insurance law is amended by adding a new subsection (c) to read as follows:
(c) Every policy delivered or issued for delivery in this state that provides coverage for prescription drugs shall include in the policy a process that allows an insured, the insured's designee, or the insured's prescribing health care provider to obtain any current prescription of the insured, with the exception of schedule II and schedule III controlled substances, fifteen days prior to the scheduled refill date, at the same level of coverage as a normal refill of such prescription drug upon the declaration of a state disaster emergency pursuant to section twenty-eight of the executive law.
§ 2. Section 4329 of the insurance law is amended by adding a new subsection (c) to read as follows:
(c) Every policy delivered or issued for delivery in this state that provides coverage for prescription drugs shall include in the policy a process that allows an insured, the insured's designee, or the insured's prescribing health care provider to obtain any current prescription of the insured, with the exception of schedule II and schedule III controlled substances, fifteen days prior to the scheduled refill date, at the same level of coverage as a normal refill of such prescription drug upon the declaration of a state disaster emergency pursuant to section twenty-eight of the executive law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15947-01-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to permitting prescription refills to be filled fifteen days prior to their refill date during a state disaster emergency
Purpose
Permits prescription refills to be filled fifteen days prior to their refill date during a state disaster emergency
Summary of specific provisions
Section one amends section 3242 of the insurance law by adding a new subsection (c). Section two amends section 4329 of the insurance law by adding a new subsection (c).
Justification
This bill would help residents who are on non-controlled prescription drugs to a able to have their medications filled 15 days prior to their refill date when the Governor declares a State of Emergency. The recent State of Emergency declared by Governor Cuomo due to the COVID-19 outbreak requires social distancing and the avoidance of gatherings of people when out in public. To reassure residents that may have trouble getting their prescriptions refilled during a crisis, this bill gives patients the ability to have their prescriptions filled fifteen days before their original fill date. This measure will give them peace of mind and confidence that there will be no disruption with their medica- tions during a state crisis which could lead to serious health related issues.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.