"In the midst of a national opioid crisis, it is common sense for our nurses and first responders who work every day to keep New Yorkers safe to carry naloxone," Governor Cuomo said. "Denying them insurance coverage for doing their job to save lives is unacceptable, and today we correct this discriminatory practice."
Governor Cuomo has undertaken a comprehensive and wide-ranging strategy to combat the opioid crisis in the state and to ensure that all New Yorkers have the resources and support they need for recovery. These initiatives include easing some of the barriers to treatment by providing easier access to medications for addiction treatment - including methadone, buprenorphine, or naltrexone for the treatment of a substance use disorder - and ensuring that New Yorkers have access to non-opioid pain medications. In addition, the Governor has provided funding to expand addiction treatment services and personnel and to support evidence-based prevention strategies to break the cycle of opioid addiction.
From 1999 to 2017, more than 700,000 people have died from a
drug overdose. In 2017, the number of overdose deaths involving opioids
(including prescription opioids and illegal opioids like heroin and illicitly
manufactured fentanyl) was six times higher than in 1999, according to the CDC.
Everyday more than 130 Americans die from an opioid overdose. Against this
backdrop, New York's nurses, first responders (including police, firefighters
and paramedics), and others likely to encounter those at risk of an overdose
are taking prudent measures in the public interest to reduce overdose deaths by
obtaining prescriptions for naloxone or Narcan.
Following reports that some insurers may be denying
applications for life insurance, disability income insurance, or long term care
insurance based on an applicant having been issued a prescription for an
opioid-reversal drug such as naloxone or Narcan, Governor Cuomo called on DFS
to investigate insurers' underwriting guidelines and practices in New York
related to opioid-reversal drugs.
The Department's investigation concluded that insurers'
underwriting practices and guidelines did not distinguish between circumstances
where an applicant had a prescription for naloxone or Narcan that was for their
own use versus where the applicant had a prescription to be able to administer
on encounters with at-risk opioid overdose patients. The issued guidance
reminds insurers of their obligations under New York law not to unfairly
discriminate against insurance applicants by denying coverage where there is no
appropriate actuarial or legal justification for doing so.
A copy of the industry guidance can be found on the DFS
website. The Governor encourages first responders who have been denied coverage
to contact the Department of Financial Services via the Department's consumer
complaint website or phone line, to ensure all instances are thoroughly
investigated. Nurses should file a consumer complaint at
www.dfs.ny.gov/complaint or call (212) 480-6400 or toll-free (800) 342-3736
(Monday through Friday, 8:30 AM to 4:30 PM).
