Bill Text: NY A03494 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires pharmacies to provide customers directly with the retail (before insurance) price of a prescription, in writing and electronically prior to purchase.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A03494 Detail]

Download: New_York-2023-A03494-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3494

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the public health law and the education law, in relation
          to transparency in retail prices of prescription drugs

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  278-a to read as follows:
     3    § 278-a. Prescription drug price transparency.  1.  As  used  in  this
     4  section,  "retail price" shall mean the price at which a particular drug
     5  is sold notwithstanding the cost an individual would pay  after  pharma-
     6  ceutical insurance pricing is calculated.
     7    2.   Every   recipient   of   a  pharmaceutical  product  pursuant  to
     8  prescription via  mail  order  or  other  conventional  means  shall  be
     9  provided  with the retail price of his or her prescription in writing or
    10  transmitted such in an electronic format, including, but not limited  to
    11  SMS or e-mail prior to being charged for such prescription.
    12    3.  A  pharmacy that receives an electronic prescription shall, at the
    13  time the prescription is dispensed, provide  the  retail  price  of  the
    14  prescription  in  writing  or  transmit  such  in  an electronic format,
    15  including, but not limited to SMS or e-mail directly to the  patient  or
    16  the person making the request on behalf of the patient.
    17    4.  The  price  transparency  required  pursuant to this section shall
    18  apply to all new prescriptions written after the effective date of  this
    19  section;  provided,  however,  that  any  individual who requests retail
    20  price information about a prescription  originally  written  before  the
    21  enactment  of  this  section  shall be provided with such information in
    22  written or electronic form as  described  in  subdivision  two  of  this
    23  section.
    24    §  2.  Section  6810  of  the education law is amended by adding a new
    25  subdivision 10-b to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08311-01-3
        A. 3494                             2

     1    10-b. A pharmacy shall, at  the  time  a  prescription  is  dispensed,
     2  provide the retail price of the prescription in writing or transmit such
     3  in  an  electronic  format,  including, but not limited to SMS or e-mail
     4  directly to the patient or the person making the request  on  behalf  of
     5  the  patient  in  accordance with section two hundred seventy-eight-a of
     6  the public health law.
     7    § 3. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become law.  Effective immediately, the addition, amendment and/or
     9  repeal of any rule or regulation necessary  for  the  implementation  of
    10  this  act  on its effective date are authorized to be made and completed
    11  on or before such effective date.