Senate Bill S3518

2023-2024 Legislative Session

Enacts the manufacturer disclosure and transparency act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S3518 (ACTIVE) - Details

See Assembly Version of this Bill:
A895
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5169, A7196
2021-2022: S398, A8824

2023-S3518 (ACTIVE) - Summary

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.

2023-S3518 (ACTIVE) - Sponsor Memo

2023-S3518 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3518
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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:
 
   Section  1.  This act shall be known and may be cited as the "manufac-
 turer disclosure and transparency act".
   § 2. The general business law is amended by adding a new section  396-
 rrr to read as follows:
   §  396-RRR.  DELAY OF INTRODUCTION OF GENERIC MEDICATIONS. 1. (A) EACH
 PHARMACEUTICAL MANUFACTURER DOING BUSINESS IN THIS STATE  THAT  MANUFAC-
 TURES  A  BRAND  NAME  PRESCRIPTION DRUG AND ENTERS INTO AN ARRANGEMENT,
 THROUGH AGREEMENT OR OTHERWISE, WITH ANOTHER PHARMACEUTICAL MANUFACTURER
 THAT HAS THE PURPOSE OR EFFECT OF  DELAYING  OR  PREVENTING  SUCH  OTHER
 MANUFACTURER  FROM  INTRODUCING  A GENERIC SUBSTITUTE FOR SUCH DRUG INTO
 THE MARKETPLACE SHALL, NOT LATER THAN THIRTY DAYS  AFTER  ENTERING  INTO
 SUCH  ARRANGEMENT,  SEND  NOTICE  TO THE ATTORNEY GENERAL, IN A FORM AND
 MANNER PRESCRIBED BY THE ATTORNEY GENERAL, DISCLOSING THE NAME  OF  SUCH
 DRUG,  THE WHOLESALE PRICE, THE DISEASE SUCH DRUG IS COMMONLY PRESCRIBED
 TO TREAT, THE MANUFACTURER  OF  SUCH  DRUG,  THE  NAME  OF  THE  GENERIC
 MANUFACTURER, AND THE LENGTH OF THE DELAY.
   (B)  THE  ATTORNEY  GENERAL  SHALL,  NO  LATER  THAN THIRTY DAYS AFTER
 RECEIVING A NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,  SHARE
 THE INFORMATION WITH THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER
 SECTION  THREE  HUNDRED  SIXTY-NINE-BB  OF  THE SOCIAL SERVICES LAW, ALL
 MEDICAID MANAGED CARE  PLANS,  HEALTH  CARRIERS  AND  PHARMACY  BENEFITS
 MANAGERS  DOING  BUSINESS IN THE STATE IN A FORMAT AND MANNER PRESCRIBED
 BY THE ATTORNEY GENERAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00235-01-3
              

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