S T A T E   O F   N E W   Y O R K
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     S. 5169--A                                            A. 7196--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              April 12, 2019
                                ___________
 
 IN  SENATE  -- Introduced by Sens. BIAGGI, BENJAMIN, CARLUCCI, GAUGHRAN,
   HOYLMAN, JACKSON, MAY,  MYRIE,  PARKER,  SALAZAR  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Consumer Protection  --  recommitted  to  the  Committee  on  Consumer
   Protection  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- Introduced by  M.  of  A.  DenDEKKER,  MOSLEY,  JACOBSON,
   COLTON,   BUTTENSCHON,   HEVESI,   STIRPE,  REYES,  BARRON,  PICHARDO,
   SEAWRIGHT, CARROLL, LENTOL, LiPETRI,  ASHBY,  WEPRIN,  SIMON,  LIFTON,
   BENEDETTO, D'URSO, HUNTER, MONTESANO, GOTTFRIED, CRUZ -- read once and
   referred to the Committee on Consumer Affairs and Protection -- recom-
   mitted  to the Committee on Consumer Affairs and Protection in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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

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

                                                            LBD11037-02-0

 S. 5169--A                          2                         A. 7196--A
 
 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.
   2. THE OFFICE OF THE ATTORNEY GENERAL SHALL POST ON  ITS  WEBSITE  ALL
 THE  NOTICES  REQUIRED  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION ONE OF
 THIS SECTION IN A FORMAT AND MANNER DEVELOPED BY  THE  ATTORNEY  GENERAL
 THAT IS SEARCHABLE BY DRUG, COST, DISEASE, AND MANUFACTURER BOTH FOR THE
 BRAND AND GENERIC DRUG FOR PUBLIC REVIEW.
   3. FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOWING-
 LY  OR  NEGLIGENTLY  FAILS TO NOTIFY THE ATTORNEY GENERAL AS REQUIRED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE  ATTORNEY  GENERAL
 SHALL  FINE SUCH MANUFACTURER NO LESS THAN FIVE THOUSAND DOLLARS FOR THE
 FIRST VIOLATION FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY  NOTIFY
 THE ATTORNEY GENERAL PURSUANT TO THE REQUIREMENTS OF THIS SECTION AND NO
 LESS  THAN  TEN  THOUSAND DOLLARS FOR EACH VIOLATION THEREAFTER FOR EACH
 DAY SUCH MANUFACTURER FAILS TO  PROPERLY  NOTIFY  THE  ATTORNEY  GENERAL
 PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
   4.  THE  ATTORNEY  GENERAL IS AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.