ARCHIVE OF BILL FROM 2007 SESSION OF
THE NEW
YORK STATE ASSEMBLY
ASSEMBLY A.9170, SAME AS SENATE S.6224
PASSED SENATE UNANIMOUSLY JUNE 20, 2007
DIED IN LABOR COMMITTEE OF ASSEMBLY
This information was last retrieved from New York State Assembly site
Monday, November
24, 2008.
Bill Text - A09170
S T A T E O F N E W Y
O R K
________________________________________________________________________
9170
2007-2008
Regular Sessions
I N A
S S E M B L Y
June
14, 2007
___________
Introduced by M. of A.
GIANARIS, CARROZZA, MARKEY, MAYERSOHN -- read
once and referred to the Committee
on Labor
AN ACT to amend the workers` compensation
law, in relation to the treat-
ment and care of injured employees; and to repeal paragraph 5 of
subdivision i of section 13
of such law relating thereto
THE PEOPLE OF THE
STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of
the workers` compensation law is amended by
2 adding a new subdivision 24 to read
as follows:
3 24. "PARTY" AND "PARTY
IN INTEREST" MEAN A CLAIMANT, EMPLOYER, CARRI-
4 ER, STATUTORY FUND, DOCTOR, CHIROPRACTOR
OR PHARMACY.
5 S 2. Paragraph 5 of subdivision i of section 13 of the workers`
6 compensation law is REPEALED and two
new paragraphs 5 and 6 are added to
7 read as follows:
8 (5) NOTWITHSTANDING ANY
OTHER PROVISION OF THIS CHAPTER, AN EMPLOYER
9 OR CARRIER SHALL BE PROHIBITED FROM
REFUSING TO ALLOW A CLAIMANT TO
10 UTILIZE A PHARMACY OF HIS OR HER
CHOICE TO FURNISH THE PRESCRIBED MEDI-
11 CATIONS REQUIRED BY THE CLAIMANT AS LONG AS SUCH PHARMACY`S CHARGES
12 COMPLY WITH THE FEE SCHEDULE
SPECIFIED IN SECTION THIRTEEN-O OF THIS
13 ARTICLE OR ANY OTHER APPLICABLE PROVISIONS OF
THIS CHAPTER.
14 (6) ANY PHARMACY THAT HAS PROVIDED PRESCRIBED MEDICINE TO A CLAIMANT
15 AND HAS NOT BEEN REIMBURSED
IN ACCORDANCE WITH THE PROVISIONS OF PARA-
16 GRAPH ONE OF THIS SUBDIVISION SHALL BE ENTITLED TO MAINTAIN AN ACTION
17 AGAINST THE EMPLOYER AND CARRIER TO
RECOVER THE AMOUNTS DUE TO SUCH
18 PHARMACY PURSUANT TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO
19 BE ESTABLISHED BY THE
BOARD OR THE CHAIRMAN. WHERE A PHARMACY BILL HAS
20 BEEN DETERMINED TO BE DUE AND OWING IN ACCORDANCE
WITH THE PROVISIONS OF
21 THIS SUBDIVISION, THE BOARD SHALL INCLUDE IN THE AMOUNT OF THE AWARD
22 INTEREST OF NOT MORE THAN ONE AND
ONE-HALF PERCENT PER MONTH PAYABLE TO
23 THE PHARMACY IN ACCORDANCE WITH THE RULES AND
REGULATIONS PROMULGATED BY
24 THE BOARD.
25 S 3. This act shall take effect
immediately; provided that section two
26 of this act shall take effect on the same date
and in the same manner as
27 chapter 6 of the laws of 2007 takes effect.
EXPLANATION--Matter in
ITALICS (underscored) is new; matter in brackets
{
} is old law to be omitted.
LBD13294-01-7
----------------
Senate: S06224 Summary
BILL NO S06224
SAME AS Same as A 9170
SPONSOR
COSPNSR
MLTSPNSR
amd S2, Work Comp L
Establishes an employer or carrier shall be prohibited from refusing to allow
a
claimant to utilize a pharmacy of his or her choice to furnish the prescribed
medications required by a claimant as long as such pharmacy's charges comply
with the proper fee schedule.
S06224 Actions:
BILL NO S06224
06/14/2007 REFERRED TO RULES
06/19/2007 ORDERED TO THIRD READING CAL.1868
06/20/2007 PASSED SENATE
06/20/2007 DELIVERED TO ASSEMBLY
06/20/2007 referred to labor
01/09/2008 died in assembly
01/09/2008 returned to senate
01/09/2008 REFERRED TO LABOR
S06224 Votes:
S06224 Memo:
----------------
Assembly: Bill Summary - A09170
BILL NO A09170
SAME AS Same as S 6224
SPONSOR Gianaris
COSPNSR Carrozza, Markey, Mayersohn, Bing, Colton, Aubertine,
Gunther
MLTSPNSR Lifton, Pheffer, Scozzafava
Rpld S13 sub i 5, amd SS2 & 13, Work Comp L
Establishes an employer or carrier shall be prohibited from refusing to allow a
claimant to utilize a pharmacy of his or her choice to furnish the prescribed
medications required by a claimant as long as such pharmacy`s charges comply
with the proper fee schedule.
A09170 Actions:
BILL NO A09170
06/14/2007 referred to labor
01/09/2008 referred to labor
A09170 Votes:
A09170 Memo:
BILL NUMBER: A9170
TITLE OF BILL : An act to amend the workers` compensation law, in
relation to the treatment and care of injured employees; and to repeal
paragraph 5 of subdivision i of section 13 of such law relating
thereto
----------------
PURPOSE OR GENERAL IDEA OF BILL :
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.
SUMMARY OF SPECIFIC PROVISIONS : Section 1 defines party and party
interest as a claimant, employer, carrier, statutory fund, doctors,
chiropractor or pharmacy.
Section 2 states that a claimant may choose a pharmacy of his or her
choice, provided that, such pharmacy adheres to the fee schedule that
was established by Chapter 6 of the Laws of 2007.
Section 3 adds a new subdivision to allow a pharmacy to have standing
in a disputed workers compensation claim.
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.
PRIOR LEGISLATIVE HISTORY : New Bill.
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.
EFFECTIVE DATE : Immediately