Bill Text: NY A07196 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts the manufacturer disclosure and transparency act requiring prescription drug manufacturers to notify the attorney general of arrangements between pharmaceutical manufacturers resulting in the delay of the introduction of generic medications.

Spectrum: Moderate Partisan Bill (Democrat 25-4)

Status: (Introduced - Dead) 2020-02-05 - print number 7196a [A07196 Detail]

Download: New_York-2019-A07196-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 5169--A                                            A. 7196--A

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                     April 12, 2019
                                       ___________

        IN  SENATE  -- Introduced by Sens. BIAGGI, BENJAMIN, CARLUCCI, GAUGHRAN,
          HOYLMAN, JACKSON, MAY,  MYRIE,  PARKER,  SALAZAR  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Consumer Protection  --  recommitted  to  the  Committee  on  Consumer
          Protection  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        IN ASSEMBLY -- Introduced by  M.  of  A.  DenDEKKER,  MOSLEY,  JACOBSON,
          COLTON,   BUTTENSCHON,   HEVESI,   STIRPE,  REYES,  BARRON,  PICHARDO,
          SEAWRIGHT, CARROLL, LENTOL, LiPETRI,  ASHBY,  WEPRIN,  SIMON,  LIFTON,
          BENEDETTO, D'URSO, HUNTER, MONTESANO, GOTTFRIED, CRUZ -- read once and
          referred to the Committee on Consumer Affairs and Protection -- recom-
          mitted  to the Committee on Consumer Affairs and Protection in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          prescription  drug  manufacturers  to  notify  the attorney general of
          arrangements between pharmaceutical  manufacturers  resulting  in  the
          delay of the introduction of generic drugs

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

     1    Section 1. This act shall be known and may be cited as  the  "manufac-
     2  turer disclosure and transparency act".
     3    §  2. The general business law is amended by adding a new section 396-
     4  rrr to read as follows:
     5    § 396-rrr. Delay of introduction of generic medications. 1.  (a)  Each
     6  pharmaceutical  manufacturer  doing business in this state that manufac-
     7  tures a brand name prescription drug and  enters  into  an  arrangement,
     8  through agreement or otherwise, with another pharmaceutical manufacturer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11037-02-0

        S. 5169--A                          2                         A. 7196--A

     1  that  has  the  purpose  or  effect of delaying or preventing such other
     2  manufacturer from introducing a generic substitute for  such  drug  into
     3  the  marketplace  shall,  not later than thirty days after entering into
     4  such  arrangement,  send  notice  to the attorney general, in a form and
     5  manner prescribed by the attorney general, disclosing the name  of  such
     6  drug,  the wholesale price, the disease such drug is commonly prescribed
     7  to treat, the manufacturer  of  such  drug,  the  name  of  the  generic
     8  manufacturer, and the length of the delay.
     9    (b)  The  attorney  general  shall,  no  later  than thirty days after
    10  receiving a notice pursuant to paragraph (a) of this subdivision,  share
    11  the information with the drug utilization review board established under
    12  section  three  hundred  sixty-nine-bb  of  the social services law, all
    13  medicaid managed care  plans,  health  carriers  and  pharmacy  benefits
    14  managers  doing  business in the state in a format and manner prescribed
    15  by the attorney general.
    16    2. The office of the attorney general shall post on  its  website  all
    17  the  notices  required  pursuant  to paragraph (a) of subdivision one of
    18  this section in a format and manner developed by  the  attorney  general
    19  that is searchable by drug, cost, disease, and manufacturer both for the
    20  brand and generic drug for public review.
    21    3. For a violation by a manufacturer of a brand name drug who knowing-
    22  ly  or  negligently  fails to notify the attorney general as required in
    23  paragraph (a) of subdivision one of this section, the  attorney  general
    24  shall  fine such manufacturer no less than five thousand dollars for the
    25  first violation for each day such manufacturer fails to properly  notify
    26  the attorney general pursuant to the requirements of this section and no
    27  less  than  ten  thousand dollars for each violation thereafter for each
    28  day such manufacturer fails to  properly  notify  the  attorney  general
    29  pursuant to the requirements of this section.
    30    4.  The  attorney  general is authorized to promulgate rules and regu-
    31  lations necessary for the implementation of this section.
    32    § 3. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law.
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