2023 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.