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    6   compensation law is REPEALED and two new paragraphs 5 and 6 are added to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