New York A 2650: Limits the substitution of abuse-deterrent analgesic opioid drug products for analgesic opioids lacking such technology

Bill Text

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A02650 Summary:

BILL NOA02650 

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SAME ASSAME AS S00987

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SPONSORSayegh

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COSPNSR

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MLTSPNSR

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Amd §273, Pub Health L; add §3216-a, Ins L

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Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse.

Go to top A02650 Actions:

BILL NOA02650 

&nbsp

01/21/2025referred to insurance

01/07/2026referred to insurance

Go to topA02650 Committee&nbspVotes:

Go to topA02650 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02650 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2650

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 21, 2025
 ___________

 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
 on Insurance

 AN ACT to amend the public health law and the insurance law, in relation
 to the use of abuse-deterrent technology for opioids as a mechanism
 for reducing abuse and diversion of opioid drugs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 273 of the public health law is amended by adding a
 2 new subdivision 11 to read as follows:
 3 11. Any prior authorization requirements for opioid analgesic and any
 4 service denials made pursuant thereto shall not require use of opioid
 5 analgesic drug products without abuse-deterrent properties before
 6 authorizing the use of abuse-deterrent opioid analgesic drug products.
 7 § 2. The insurance law is amended by adding a new section 3216-a to
 8 read as follows:
 9 § 3216-a. Access to abuse-deterrent opioid medications. (a) An insur-
 10 ance carrier or health plan shall provide coverage on its formulary,
 11 drug list or other lists of similar construct for at least one abuse-
 12 deterrent opioid analgesics drug product per opioid analgesics active
 13 ingredient.
 14 (1) Cost-sharing for brand name abuse-deterrent opioid analgesic drug
 15 products covered pursuant to this section shall not exceed the lowest
 16 cost-sharing level applied to brand name non-abuse deterrent opioid
 17 drugs covered under the applicable health plan or policy.
 18 (2) Cost-sharing for generic abuse-deterrent opioid analgesic drug
 19 products covered pursuant to this section shall not exceed the lowest
 20 cost-sharing level applied to generic non-abuse deterrent opioid drugs
 21 covered under the applicable health plan or policy.
 22 (3) An increase in patient cost-sharing or disincentives for prescri-
 23 bers or dispensers shall not be allowed to achieve compliance with this
 24 section.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01185-01-5

 A. 2650 2

 1 (b) Any prior-authorization requirements or other utilization review
 2 measures for opioid analgesics, and any service denials made pursuant
 3 thereto, shall not require use of opioid analgesic drug products without
 4 abuse-deterrent properties in order to access abuse-deterrent opioid
 5 analgesic drug products.
 6 (c) Definitions. As used in this section:
 7 (1) "Opioid analgesic drug product" means a drug in the opioid anal-
 8 gesic drug class prescribed to treat moderate to severe pain or other
 9 conditions, whether in immediate release or extended long acting release
 10 form and whether or not combined with other drug substances to form a
 11 single drug product or other dosage form.
 12 (2) "Abuse deterrent opioid analgesic drug product" means a brand or
 13 generic opioid analgesic drug product approved by the federal food and
 14 drug administration with abuse-deterrence labeling claims indicating its
 15 abuse-deterrent properties are expected to deter or reduce its abuse.
 16 (3) "Cost-sharing" means any coverage limit, copayment, coinsurance,
 17 deductible or other out-of-pocket patient expense requirements.
 18 § 3. This act shall take effect on the one hundred twentieth day after
 19 it shall have become a law, and shall apply to all policies and
 20 contracts issued, renewed, modified, altered or amended on or after such
 21 date.

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