NY Elder L § 241 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 3 - Program for Elderly Pharmaceutical Insurance Coverage 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, 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 commissioner 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.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.8. "Medicare part D excluded drug classes" shall  mean  any  drugs  or   classes  of drugs, or their medical uses, which are described in section   1927(d)(2) or 1927(d)(3) of the federal social security  act,  with  the   exception of smoking cessation agents.