Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to health |
Feb 14, 2017 |
referred to health |
Assembly Bill A5733
2017-2018 Legislative Session
Sponsored By
MCDONALD
Archive: Last 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
Actions
2017-A5733 (ACTIVE) - Details
2017-A5733 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5733 2017-2018 Regular Sessions I N A S S E M B L Y February 14, 2017 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law and the general business law, in relation to price gouging on prescription drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 278-a to read as follows: § 278-A. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION DRUGS: 1. IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, OF A BRAND OR GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI- SITION COST (WAC) OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD: (A) THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI- TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED ON THE FORM ESTAB- LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND (B) THE COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE DRUG EFFECTIVE AS OF THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD. 2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION REVIEW BOARD, SHALL PRODUCE AND MAKE AVAILABLE TO MANUFACTURERS A PRICE INCREASE NOTIFICATION FORM THAT SHALL ELICIT: (A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING MEASURE. FOR THE PURPOSES OF THIS SECTION WHOLESALE ACQUISITION COST EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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