On September 7, 2021 representatives of the Coalition to save injured workers met with assembly senior staff to discuss legislation to provide a safety net for those that fall through the cracks of the workers' compensation system.

Last week the 2021 legislative session came to a close. It was a sad day as the state Assembly failed to act in getting injured workers the care they need. As you will see below, the system is broken. We all know this and yet the Assembly still failed to pass A. 1013B, which is a solution to this problem. Unfortunately, the New York State Assembly decided that it was better to do nothing and continue to let these workers suffer.

ALBANY – Peter Levis, Supervising Pharmacist, and George Rontiris, Owner, of Titan Pharmacy in Astoria Queens are trying to do the right thing, but New York law does not offer them the ability to be reimbursed if they provide authorized medications to injured workers when the system for pharmacy benefits fails the injured worker due to bureaucratic reasons.

The Coalition to Protect Injured Workers would like to bring to your attention that the the New York State AFL-CIO, representing over 2.5 million workers, has announced their support for legislation that would allow any pharmacy to dispense medication to injured worker who were denied their benefits through no fault of their own. 

The Injured Workers' Bar Association is a statewide organization of lawyers dedicated to protecting the rights of the injured and disabled working people of New York. We wholeheartedly support Senate Bill S7245 and Assembly Bill A8117. This proposed legislation will provide workers' compensation claimants with greater flexibility by affording them the ability to fill their prescriptions at any pharmacy registered as resident, in-state pharmacies with the New York State Department of Education.

Daniel Kuhn M.D., P.C.
Integrative Neuropsychiatric Services

200 W. 57th Street
Suite 1205
New York, NY 10019

Daniel Kuhn M.D., Psychiatrist, Diplomat of the American Board of Neurology and Psychiatry
Telephone:  (212) 315-1755
Fax:  (212) 333-4209

11.03.2020

To:
New York State
Workers’ Compensation Board
OFFICE OF THE CHAIR
328 State Street
Schenectady, New York 12305

ATTN: Chair Clarissa Rodriguez

The Pharmacists Society of the State of New York (“PSSNY”) supports the passage of this legislation that will protect patient choice in the selection of their pharmacy.

Under current law, injured workers are restricted to pharmacies that are in the employer's Workers Compensation Insurance network in all cases except for emergency care. With this bill, an employer may continue to contract with a network pharmacy, and encourage injured workers to use that pharmacy.

The NYS WCB pharmacy formulary implementation is bad.  From across the spectrum of the workers’ compensation world – patients, prescribers, attorneys, pharmacies – the same news is heard repeatedly: 

As the New York state legislative session kicks into high gear, the debate over prescription drug prices is back on the table. Gov. Andrew Cuomo set the stage in December by previewing a proposal to reduce prescription drug costs, including a cap on insulin payments, greater powers to investigate spikes in drug prices and the importation of Canadian drugs.

The state-level workers’ comp system is difficult enough to navigate in an average world. But combined with ever-changing federal mandates related to Coronavirus, it adds a complexity to the pandemic environment that will impact employers for a long time to come, as they seek to not only protect employees but also mitigate their legal and compliance risks.