Bill Text: NY A09764 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits pharmacy benefit managers from penalizing pharmacies for providing customers certain information relating to the costs of prescription medications and services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-06-06 - substituted by s9040 [A09764 Detail]

Download: New_York-2023-A09764-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9764

                   IN ASSEMBLY

                                      April 4, 2024
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation to prohibiting  phar-
          macy benefit managers from penalizing pharmacies for providing custom-
          ers  certain information relating to the costs of prescription medica-
          tions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Subdivision 5 of section 280-a of the public health law,
     2  as amended by chapter 128 of the laws of 2022, is  amended  to  read  as
     3  follows:
     4    5.  Contract  provisions.  No  pharmacy  benefit  manager  shall, with
     5  respect to contracts between such pharmacy benefit manager and a pharma-
     6  cy or, alternatively, such pharmacy benefit  manager  and  a  pharmacy's
     7  contracting  agent, such as a pharmacy services administrative organiza-
     8  tion:
     9    (a) prohibit or penalize a pharmacist or pharmacy from  disclosing  to
    10  an  individual  purchasing a prescription medication or service informa-
    11  tion regarding:
    12    (i) the cost of the prescription medication or service to the individ-
    13  ual, or the cost of the prescription medication or service to the  phar-
    14  macy  and  the pharmacy's reimbursement for that prescription medication
    15  or service; or
    16    (ii) the availability of any  therapeutically  equivalent  alternative
    17  medications  or alternative methods of purchasing the prescription medi-
    18  cation, including but not limited to, paying a cash price; or
    19    (b) charge or collect from an individual a copayment that exceeds  the
    20  total  submitted charges by the pharmacy for which the pharmacy is paid.
    21  If an individual pays a copayment, the pharmacy shall retain the adjudi-
    22  cated costs and the pharmacy benefit manager shall not redact or  recoup
    23  the adjudicated cost.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14486-03-4