Bill Text: NY A08781 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits pharmacy benefit managers from prohibiting pharmacies from disclosing to consumers the cost of prescription medication, the availability of alternative medications or alternative means of purchasing prescription medications; and prohibits pharmacy benefit managers from collecting copayments from consumers of prescription medications.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Vetoed) 2018-12-28 - tabled [A08781 Detail]

Download: New_York-2017-A08781-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8781
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to prohibited  activ-
          ities by pharmacy benefit managers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 280-a of the public health law is amended by adding
     2  two new subdivisions 3 and 4 to read as follows:
     3    3. No pharmacy  benefit  manager  shall,  with  respect  to  contracts
     4  between  such pharmacy benefit manager and a pharmacy or, alternatively,
     5  such pharmacy benefit manager and a pharmacy's contracting  agent,  such
     6  as a pharmacy services administrative organization:
     7    (a)  prohibit  or penalize a pharmacist or pharmacy from disclosing to
     8  an individual purchasing a prescription medication  information  regard-
     9  ing:
    10    (1) the cost of the prescription medication to the individual, or
    11    (2)  the  availability  of  any therapeutically equivalent alternative
    12  medications or alternative methods of purchasing the prescription  medi-
    13  cation, including but not limited to, paying a cash price; or
    14    (b)  charge or collect from an individual a copayment that exceeds the
    15  total submitted charges by the pharmacy for which the pharmacy is  paid.
    16  If an individual pays a copayment, the pharmacy shall retain the adjudi-
    17  cated  costs and the pharmacy benefit manager shall not redact or recoup
    18  the adjudicated cost.
    19    4. Any provision of a contract that violates the  provisions  of  this
    20  section shall be deemed to be void and unenforceable.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13755-01-7