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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 5169                                                  A. 7196
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                     April 12, 2019
                                       ___________
        IN  SENATE -- Introduced by Sen. BIAGGI -- read twice and ordered print-
          ed, and when printed to be committed  to  the  Committee  on  Consumer
          Protection
        IN  ASSEMBLY  --  Introduced  by  M.  of  A.  DenDEKKER -- read once and
          referred to the Committee on Consumer Affairs and Protection
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          prescription  drug  manufacturers  to  notify  the attorney general of
          agreements 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 agreement with
     8  another pharmaceutical manufacturer  for  the  purpose  of  delaying  or
     9  preventing such other manufacturer from introducing a generic substitute
    10  for  such  drug  into  the marketplace shall, not later than thirty days
    11  after entering into such agreement, send notice to the attorney general,
    12  in a form and manner prescribed by the attorney general, disclosing  the
    13  name of such drug, the wholesale price, the disease such drug is common-
    14  ly  prescribed  to treat, the manufacturer of such drug, the name of the
    15  generic manufacturer, and the length of the delay.
    16    (b) The attorney general  shall,  no  later  than  thirty  days  after
    17  receiving  a notice pursuant to paragraph (a) of this subdivision, share
    18  the information with the drug utilization review board established under
    19  section three hundred sixty-nine-bb of  the  social  services  law,  all
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11037-01-9
        S. 5169                             2                            A. 7196
     1  medicaid  managed  care  plans,  health  carriers  and pharmacy benefits
     2  managers doing business in the state in a format and  manner  prescribed
     3  by the attorney general.
     4    2.  The  office  of the attorney general shall post on its website all
     5  the notices required pursuant to paragraph (a)  of  subdivision  one  of
     6  this  section  in  a format and manner developed by the attorney general
     7  that is searchable by drug, cost, disease, and manufacturer both for the
     8  brand and generic drug for public review.
     9    3. For a violation by a manufacturer of a brand name drug who knowing-
    10  ly or negligently fails to notify the attorney general  as  required  in
    11  paragraph  (a)  of subdivision one of this section, the attorney general
    12  shall fine such manufacturer no less than five thousand dollars for  the
    13  first violation and no less than ten thousand dollars for each violation
    14  thereafter.
    15    § 3. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.