Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 12, 2016 |
referred to health |
Senate Bill S7762
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health 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
Actions
2015-S7762 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §272, Pub Health L
2015-S7762 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7762 TITLE OF BILL : An act to amend the public health law, in relation to directing the department of health to make bi-annual assessments of non-preferred drugs for recipients of medical assistance and to submit an annual report to the legislature thereon PURPOSE : To require the Department of Health to review and assess the preferred drug list bi-annually and to require inclusion of drugs when 35% of prescriptions in the drug class were for a non-preferred drug SUMMARY OF PROVISIONS : Section one adds a new Public Health Law § 272(15) to require the Department of Health to make bi-annual assessments of non-preferred drugs. A non-preferred drug shall be included as a preferred drug, at the manufacturer's option, when at least 35% of prescriptions filled in that drug's class in the previous two quarters were for a non-preferred drug, provided the manufacturer agrees to required rebates. The previously non-preferred drug shall not be disadvantaged by prior authorizations or other requirements not imposed on other drugs in the class. This section also requires the Department to
2015-S7762 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7762 I N S E N A T E May 12, 2016 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to directing the department of health to make bi-annual assessments of non-preferred drugs for recipients of medical assistance and to submit an annual report to the legislature thereon THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 272 of the public health law is amended by adding a new subdivision 15 to read as follows: 15.(A) IN MEDICAID FEE-FOR-SERVICE, THE DEPARTMENT SHALL MAKE BI-ANNU- AL ASSESSMENTS OF NON-PREFERRED DRUGS IN THE BEST CLINICAL INTERESTS OF NEW YORK MEDICAID BENEFICIARIES. SUCH DEPARTMENT SHALL INCLUDE, AT THE MANUFACTURER'S OPTION, A NON-PREFERRED DRUG AS A PREFERRED DRUG WHEN AT LEAST THIRTY-FIVE PERCENT OF PRESCRIPTIONS FILLED IN THAT DRUG'S CLASS IN THE PREVIOUS TWO QUARTERS WERE FOR A NON-PREFERRED DRUG ON THE PREFERRED DRUG LIST, PROVIDED THAT THE MANUFACTURER OF SUCH PREVIOUSLY NON-PREFERRED DRUG AGREES TO THE REBATE REQUIRED UNDER SECTION 1927 OF THE SOCIAL SECURITY ACT AND AN ADDITIONAL SUPPLEMENTAL REBATE. THE DEPARTMENT AND THE MANUFACTURER MAY NEGOTIATE THE ALTERNATIVE SUPPLE- MENTAL REBATE. THE PREVIOUSLY NON-PREFERRED DRUG SHALL NOT BE DISADVAN- TAGED, INCLUDING BUT NOT LIMITED TO IMPOSING PRIOR AUTHORIZATION OR UTILIZATION MANAGEMENT REQUIREMENTS, RELATIVE TO THE OTHER PREFERRED DRUGS IN ITS CLASS OTHER THAN WHAT IS REQUIRED BY THE FDA-APPROVED LABEL. (B) THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT TO THE LEGISLATURE THAT OUTLINES, WITH RESPECT TO ANY DRUG CLASS ON THE PREFERRED DRUG LIST IN WHICH ONLY A SINGLE THERAPEUTIC PATHWAY, WHICH MAY INVOLVE ONE OR MORE DRUGS PRESCRIBED IN COMBINATION FOR THE SAME PATIENT, IS PREFERRED, THE FINANCIAL IMPACT OF THE STATE'S PREFERRED DRUG LIST DECISION, THE CLINICAL EVIDENCE THE STATE RELIED ON IN ESTABLISHING PREFERENCES FOR THE CLASS, AND THE CLINICAL CRITERIA THAT PERMIT BENEFICIARIES TO ACCESS NON-PREFERRED DRUGS IN SUCH A CLASS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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