S T A T E   O F   N E W   Y O R K
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                                  7727

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Health

AN ACT to amend the social services law, in relation to  the  collection
  of prescription drug co-payments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (iii) of paragraph (c)  of  subdivision  6  of
section  367-a  of  the social services law, as amended by section 47 of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
  (iii) Notwithstanding any  other  provision  of  this  paragraph,  co-
payments  charged  for each generic prescription drug dispensed shall be
one dollar and for each brand name prescription drug dispensed shall  be
three  dollars; provided, however, that the co-payments charged for each
brand name prescription drug on  the  preferred  drug  list  established
pursuant to section two hundred seventy-two of the public health law and
the co-payments charged for each brand name prescription drug reimbursed
pursuant  to subparagraph (ii) of paragraph (a-1) of subdivision four of
section three hundred sixty-five-a of this title shall  be  one  dollar.
THE  PAYMENT OF SUCH CO-PAYMENTS SHALL BE MANDATORY AT THE POINT OF SALE
IN PHARMACIES.
  S 2. Paragraph (i) of subdivision 2-a of section 369-ee of the  social
service  law,  as  amended  by section 26 of part E of chapter 63 of the
laws of 2005, is amended to read as follows:
  (i) co-payments charged for each generic prescription  drug  dispensed
shall  be  three  dollars  and  for  each  brand  name prescription drug
dispensed shall be six dollars AND THE PAYMENT OF SUCH CO-PAYMENTS SHALL
BE MANDATORY AT THE POINT OF SALE IN PHARMACIES;
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that  the  amendments  to
subparagraph (iii) of paragraph (c) of subdivision 6 of section 367-a of
the social services law made by section one of this act shall not affect
the repeal of such paragraph and shall be deemed to repeal therewith.

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

                                                           LBD10938-01-1