NY S04926

Allows workers' compensation claimants to obtain prescribed medications from any pharmacy of their choice (rather than only employer/carrier contracted network pharmacies) when authorization or reauthorization is denied or delayed beyond 72 hours

Specifies conditions triggering pharmacy choice rights, including: carrier failure to respond to requests, missing or defective medical reports, denial based on treatment guidelines, independent medical examiner disagreement, maximum medical improvement determination, or pending case settlement

Requires non-network pharmacies dispensing to claimants to follow the NYS workers' compensation pharmacy fee schedule, medical treatment guidelines, and formulary

Non-network pharmacies must assume liability for medication costs if the workers' compensation case is not established or the medication is not later approved

Upon medication approval, employers/carriers must pay the pharmacy within 45 business days according to the fee schedule or usual and customary charges, and the pharmacy may continue dispensing to the claimant outside the network