N.Y. Elder Law § 253: Utilization of out-of-state provider pharmacies; necessity and convenience

§ 253. Utilization of out-of-state provider pharmacies; necessity and

convenience. 1. In counties having a population of seventy-five thousand

or less that are in proximity to the state boundary and which are

determined by the commissioner of health to be not adequately served by

provider pharmacies registered in New York, and in Fishers Island in the

town of Southold, Suffolk county, the commissioner may approve as

provider pharmacies, pharmacies located in New Jersey, Connecticut,

Vermont, Pennsylvania or Massachusetts. Such approvals shall be made

after (a) consideration of the convenience and necessity of New York

residents in the rural areas served by such pharmacies, (b)

consideration of the quality of service of such pharmacies and the

standing of such pharmacies with the governmental board or agency of the

state in which such pharmacy is located, (c) the commissioner shall give

all licensed pharmacies within the county notice of his or her intention

to approve such out-of-state provider pharmacies, and (d) the

commissioner has held a public hearing at which he or she has determined

factually that the licensed pharmacies within such county are not

adequately serving as provider pharmacies.

2. The commissioner of health shall investigate and determine whether

certification shall be granted within ninety days of the filing of an

application for certification by the governing body of any city, town or

village, within a county determined by the commissioner to be not

adequately served by provider pharmacies registered in New York pursuant

to subdivision one of this section, claiming to be lacking adequate

pharmaceutical service.

3. Every certification granted pursuant to this section shall expire

not more than five years after the date of issuance.