S 5896: Permits prescription refills to be filled fifteen days prior to their refill date upon the declaration of a state disaster emergency; excludes controlled substances.

  
  STATE OF NEW YORK ________________________________________________________________________ 5896 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ 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 Assem- bly, do enact as follows: 1 Section 1. Subsection (c) of section 3242 of the insurance law, as 2 amended by chapter 64 of the laws of 2023, is relettered subsection (d) 3 and a new subsection (e) is added to read as follows: 4 (e) Every policy delivered or issued for delivery in this state that 5 provides coverage for prescription drugs shall include in the policy a 6 process that allows an insured, the insured's designee, or the insured's 7 prescribing health care provider to obtain any current prescription of 8 the insured, with the exception of schedule II and schedule III 9 controlled substances, fifteen days prior to the scheduled refill date, 10 at the same level of coverage as a normal refill of such prescription 11 drug upon the declaration of a state disaster emergency pursuant to 12 section twenty-eight of the executive law. 13 § 2. Subsection (c) of section 4329 of the insurance law, as amended 14 by chapter 64 of the laws of 2023, is relettered subsection (d) and a 15 new subsection (e) is added to read as follows: 16 (e) Every policy delivered or issued for delivery in this state that 17 provides coverage for prescription drugs shall include in the policy a 18 process that allows an insured, the insured's designee, or the insured's 19 prescribing health care provider to obtain any current prescription of 20 the insured, with the exception of schedule II and schedule III 21 controlled substances, fifteen days prior to the scheduled refill date, 22 at the same level of coverage as a normal refill of such prescription 23 drug upon the declaration of a state disaster emergency pursuant to 24 section twenty-eight of the executive law. 25 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10334-01-5