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NY A01428
Bill
Status
1/9/2025
Primary Sponsor
Phara Souffrant Forrest
Click for details
AI Summary
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Requires health insurers to cover brand name prescription drugs when an FDA-recognized drug shortage or supply disruption affects the generic equivalent on their formulary
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Coverage mandate applies when the generic drug is unavailable, the dosage cannot be adjusted, and the insured is already receiving the generic or has a condition requiring the medication
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Brand name drugs must be covered at the same cost-sharing level as the generic would have been covered under the insurer's formulary
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Coverage continues until the supply issue is resolved and the drug is removed from the FDA's shortage list
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Amends Insurance Law sections 3242 and 4329 to apply these requirements to both general insurers and health corporations, effective immediately
Legislative Description
Requires insurers to cover the substitution of a brand name prescription drug when the federal food and drug administration has declared that there is a supply issue with a generic drug.
Last Action
referred to insurance
1/7/2026