Bill Text: NY S09040 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2024-09-27 - SIGNED CHAP.396 [S09040 Detail]

Download: New_York-2023-S09040-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9040

                    IN SENATE

                                     April 11, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed 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