241 - Definitions.

§ 241. Definitions. For purposes of this title, the terms:    * 1.  "Covered  drug" shall mean a drug dispensed subject to a legally  authorized prescription pursuant to section sixty-eight hundred  ten  of  the  education  law,  and  insulin,  an  insulin  syringe, or an insulin  needle. Such term shall not include: (a)  any  drug  determined  by  the  commissioner   of  the  federal  food  and  drug  administration  to  be  ineffective or unsafe; (b) any drug dispensed in a package, or  form  of  dosage or administration, as to which the commissioner of health finally  determines  in  accordance  with  the  provisions of section two hundred  fifty-two of this title that a less expensive package, or form of dosage  or administration, is available that is pharmaceutically equivalent  and  equivalent   in   its   therapeutic   effect   for  the  general  health  characteristics of the eligible program participant population; (c)  any  device  for  the  aid  or  correction of vision; (d) any drug, including  vitamins,  which  is   generally   available   without   a   physician's  prescription;  and  (e)  drugs  for  the treatment of sexual or erectile  dysfunction, unless such drugs are used to treat a condition, other than  sexual or erectile dysfunction, for which the drugs have  been  approved  by  the  federal food and drug administration; and (f) a brand name drug  for which a  multi-source  therapeutically  and  generically  equivalent  drug,  as  determined  by  the  federal food and drug administration, is  available, unless previously authorized by  the  elderly  pharmaceutical  insurance   coverage   program,  provided,  however,  that  the  elderly  pharmaceutical insurance coverage panel is  authorized  to  exempt,  for  good  cause  shown,  any  brand  name  drug  from  such restriction, and  provided further that such restriction shall not apply to any drug  that  is  included  on  the  preferred  drug  list  under  section two hundred  seventy-two of the public health law or is in the clinical  drug  review  program  under section two hundred seventy-four of the public health law  to the extent that the preferred drug  program  and  the  clinical  drug  review  program  are  applied  to  the  elderly pharmaceutical insurance  coverage program pursuant to section two  hundred  seventy-five  of  the  public  health law, or to any drug covered under a program participant's  Medicare part D or other  primary  insurance  plan.  Any  of  the  drugs  enumerated  in the preceding sentence shall be considered a covered drug  or a prescription drug for purposes of this article if it  is  added  to  the  preferred  drug  list under article two-A of the public health law.  For the purpose of this title, except  as  otherwise  provided  in  this  section, a covered drug shall be dispensed in quantities no greater than  a  thirty  day supply or one hundred units, whichever is greater. In the  case of a drug dispensed in a form of administration other than a tablet  or capsule, the maximum allowed quantity shall be a thirty  day  supply;  the  panel  is  authorized  to  approve  exceptions  to these limits for  specific  products  following  consideration  of  recommendations   from  pharmaceutical   or   medical   experts   regarding   commonly  packaged  quantities, unusual forms of administration, length of treatment or cost  effectiveness. In the case of a  drug  prescribed  pursuant  to  section  thirty-three hundred thirty-two of the public health law to treat one of  the  conditions  that have been enumerated by the commissioner of health  pursuant to regulation as warranting the prescribing of greater  than  a  thirty  day  supply,  such  drug shall be dispensed in quantities not to  exceed a three month supply.    * NB Effective until June 15, 2012    * 1. "Covered drug" shall mean a drug dispensed subject to  a  legally  authorized  prescription  pursuant to section sixty-eight hundred ten of  the education law, and  insulin,  an  insulin  syringe,  or  an  insulin  needle.  Such  term  shall  not  include: (a) any drug determined by the  commissioner  of  the  federal  food  and  drug  administration  to   beineffective  or  unsafe; (b) any drug dispensed in a package, or form of  dosage or administration, as to which the commissioner of health finally  determines in accordance with the  provisions  of  section  two  hundred  fifty-two of this title that a less expensive package, or form of dosage  or  administration, is available that is pharmaceutically equivalent and  equivalent  in  its  therapeutic   effect   for   the   general   health  characteristics  of the eligible program participant population; (c) any  device for the aid or correction  of  vision,  or  any  drug,  including  vitamins,   which   is   generally   available   without  a  physician's  prescription; and (d) drugs for the  treatment  of  sexual  or  erectile  dysfunction, unless such drugs are used to treat a condition, other than  sexual  or  erectile dysfunction, for which the drugs have been approved  by the federal food and drug administration. For  the  purpose  of  this  title,  except  as  otherwise  provided  in this section, a covered drug  shall be dispensed in quantities no greater than a thirty day supply  or  one hundred units, whichever is greater. In the case of a drug dispensed  in  a form of administration other than a tablet or capsule, the maximum  allowed quantity shall be a thirty day supply; the panel  is  authorized  to  approve  exceptions  to these limits for specific products following  consideration of recommendations from pharmaceutical or medical  experts  regarding commonly packaged quantities, unusual forms of administration,  length  of  treatment  or  cost  effectiveness.  In  the  case of a drug  prescribed pursuant to section thirty-three hundred  thirty-two  of  the  public  health  law  to  treat  one  of  the  conditions  that have been  enumerated by the commissioner  of  health  pursuant  to  regulation  as  warranting  the  prescribing  of  greater than a thirty day supply, such  drug shall be dispensed in  quantities  not  to  exceed  a  three  month  supply.    * NB Effective June 15, 2012    2.  "Provider  pharmacy" shall mean a pharmacy registered in the state  of New York  pursuant  to  section  sixty-eight  hundred  eight  of  the  education  law,  a  non-resident  establishment  registered  pursuant to  section sixty-eight hundred eight-b of the education law, or a  pharmacy  registered  in a state bordering the state of New York when certified as  necessary by the executive director  pursuant  to  section  two  hundred  fifty-three  of  this  title, for which an agreement to provide pharmacy  services for purposes of this program pursuant to  section  two  hundred  forty-nine of this title is in effect.    3. "Income" shall mean "household gross income" as defined in the real  property  tax  circuit  breaker credit program, pursuant to subparagraph  (C) of paragraph one of subsection (e) of section six hundred six of the  tax law, but only shall include the income  of  program  applicants  and  spouses and shall exclude the income of other members of the household.    4.  "Contractor"  shall  mean  a private not-for-profit or proprietary  corporation which has entered into a contractual  arrangement  with  the  state  to carry out the provisions of section two hundred forty-three of  this title.    5. "Resident" shall mean an individual legally  domiciled  within  the  state.    6.   "Annual   coverage  period"  shall  mean  the  period  of  twelve  consecutive calendar months for which an  eligible  program  participant  has  met the application fee or deductible requirements, as the case may  be, of sections two hundred forty-seven and two hundred  forty-eight  of  this title.    7.  "Program  year"  shall  mean a year beginning on October first and  ending the following September thirtieth.