Assembly Bill A8781

Vetoed By Governor
2017-2018 Legislative Session

Prohibits pharmacy benefit managers from restricting access to certain drug information and collecting certain payments

download bill text pdf

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Archive: Last Bill Status - Vetoed by Governor

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

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2017-A8781 (ACTIVE) - Details

See Senate Version of this Bill:
S6940
Law Section:
Public Health Law
Laws Affected:
Amd §280-a, Pub Health L

2017-A8781 (ACTIVE) - Summary

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.

2017-A8781 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8781
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. 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:

   Section 1. Section 280-a of the public health law is amended by adding
 two new subdivisions 3 and 4 to read as follows:
   3. NO PHARMACY  BENEFIT  MANAGER  SHALL,  WITH  RESPECT  TO  CONTRACTS
 BETWEEN  SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY,
 SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY'S CONTRACTING  AGENT,  SUCH
 AS A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION:
   (A)  PROHIBIT  OR PENALIZE A PHARMACIST OR PHARMACY FROM DISCLOSING TO
 AN INDIVIDUAL PURCHASING A PRESCRIPTION MEDICATION  INFORMATION  REGARD-
 ING:
   (1) THE COST OF THE PRESCRIPTION MEDICATION TO THE INDIVIDUAL, OR
   (2)  THE  AVAILABILITY  OF  ANY THERAPEUTICALLY EQUIVALENT ALTERNATIVE
 MEDICATIONS OR ALTERNATIVE METHODS OF PURCHASING THE PRESCRIPTION  MEDI-
 CATION, INCLUDING BUT NOT LIMITED TO, PAYING A CASH PRICE; OR
   (B)  CHARGE OR COLLECT FROM AN INDIVIDUAL A COPAYMENT THAT EXCEEDS THE
 TOTAL SUBMITTED CHARGES BY THE PHARMACY FOR WHICH THE PHARMACY IS  PAID.
 IF AN INDIVIDUAL PAYS A COPAYMENT, THE PHARMACY SHALL RETAIN THE ADJUDI-
 CATED  COSTS AND THE PHARMACY BENEFIT MANAGER SHALL NOT REDACT OR RECOUP
 THE ADJUDICATED COST.
   4. ANY PROVISION OF A CONTRACT THAT VIOLATES THE  PROVISIONS  OF  THIS
 SECTION SHALL BE DEEMED TO BE VOID AND UNENFORCEABLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 A                                                          LBD13755-01-7

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