§ 241. Definitions. For purposes of this title, the terms:\n 1. "Covered drug" shall mean a drug dispensed subject to a legally\nauthorized prescription pursuant to section sixty-eight hundred ten of\nthe education law, and insulin, an insulin syringe, or an insulin\nneedle. Such term shall not include:
(a)any drug determined by the\ncommissioner of the federal food and drug administration to be\nineffective or unsafe;
(b)any drug dispensed in a package, or form of\ndosage or administration, as to which the commissioner of health finally\ndetermines in accordance with the provisions of section two hundred\nfifty-two of this title that a less expensive package, or form of dosage\nor administration, is available that is pharmaceutically equivalent and\nequivalent in its therapeutic effe
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§ 241. Definitions. For purposes of this title, the terms:\n 1. "Covered drug" shall mean a drug dispensed subject to a legally\nauthorized prescription pursuant to section sixty-eight hundred ten of\nthe education law, and insulin, an insulin syringe, or an insulin\nneedle. Such term shall not include: (a) any drug determined by the\ncommissioner of the federal food and drug administration to be\nineffective or unsafe; (b) any drug dispensed in a package, or form of\ndosage or administration, as to which the commissioner of health finally\ndetermines in accordance with the provisions of section two hundred\nfifty-two of this title that a less expensive package, or form of dosage\nor administration, is available that is pharmaceutically equivalent and\nequivalent in its therapeutic effect for the general health\ncharacteristics of the eligible program participant population; (c) any\ndevice for the aid or correction of vision, or any drug, including\nvitamins, which is generally available without a physician's\nprescription; and (d) drugs for the treatment of sexual or erectile\ndysfunction, unless such drugs are used to treat a condition, other than\nsexual or erectile dysfunction, for which the drugs have been approved\nby the federal food and drug administration. For the purpose of this\ntitle, except as otherwise provided in this section, a covered drug\nshall be dispensed in quantities no greater than a thirty day supply or\none hundred units, whichever is greater. In the case of a drug dispensed\nin a form of administration other than a tablet or capsule, the maximum\nallowed quantity shall be a thirty day supply; the commissioner is\nauthorized to approve exceptions to these limits for specific products\nfollowing consideration of recommendations from pharmaceutical or\nmedical experts regarding commonly packaged quantities, unusual forms of\nadministration, length of treatment or cost effectiveness. In the case\nof a drug prescribed pursuant to section thirty-three hundred thirty-two\nof the public health law to treat one of the conditions that have been\nenumerated by the commissioner of health pursuant to regulation as\nwarranting the prescribing of greater than a thirty day supply, such\ndrug shall be dispensed in quantities not to exceed a three month\nsupply.\n 2. "Provider pharmacy" shall mean a pharmacy registered in the state\nof New York pursuant to section sixty-eight hundred eight of the\neducation law, a non-resident establishment registered pursuant to\nsection sixty-eight hundred eight-b of the education law, or a pharmacy\nregistered in a state bordering the state of New York when certified as\nnecessary by the executive director pursuant to section two hundred\nfifty-three of this title, for which an agreement to provide pharmacy\nservices for purposes of this program pursuant to section two hundred\nforty-nine of this title is in effect.\n 3. "Income" shall mean "household gross income" as defined in the real\nproperty tax circuit breaker credit program, pursuant to subparagraph\n(C) of paragraph one of subsection (e) of section six hundred six of the\ntax law, but only shall include the income of program applicants and\nspouses and shall exclude the income of other members of the household.\n 4. "Contractor" shall mean a private not-for-profit or proprietary\ncorporation which has entered into a contractual arrangement with the\nstate to carry out the provisions of section two hundred forty-three of\nthis title.\n 5. "Resident" shall mean an individual legally domiciled within the\nstate.\n 6. "Annual coverage period" shall mean the period of twelve\nconsecutive calendar months for which an eligible program participant\nhas met the application fee or deductible requirements, as the case may\nbe, of sections two hundred forty-seven and two hundred forty-eight of\nthis title.\n 7. "Program year" shall mean a year beginning on October first and\nending the following September thirtieth.\n 8. "Medicare part D excluded drug classes" shall mean any drugs or\nclasses of drugs, or their medical uses, which are described in section\n1927(d)(2) or 1927(d)(3) of the federal social security act, with the\nexception of smoking cessation agents.\n