NY State Senate Bill 2019-S7209

Senate Bill S7209

2019-2020 Legislative Session

Establishes a municipal epinephrine bulk purchase program and fund and provides for taxpayer gifts thereto

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2020	referred to health

2019-S7209 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; add §§209-N & 630-h, Tax L; add §97-tttt, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S1147

2019-S7209 (ACTIVE) - Summary

Establishes a municipal epinephrine bulk purchase program to enable municipalities to make bulk purchases of epinephrine for use by municipal first responder agencies and elementary and secondary schools in such municipality and provides for taxpayer gifts thereto.

2019-S7209 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7209

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
municipal epinephrine bulk purchase program; and to amend the tax law
and the state finance law, in relation to establishing the municipal
epinephrine bulk purchase fund and providing for taxpayer gifts thereto

 
PURPOSE:

The purpose of this bill to create a government bulk purchasing program
for epinephrine

 
SUMMARY OF PROVISIONS:

Section 1 amends the Pubic health Law to authorize the Commissioner of
Health to assist municipalities in creating an epinephrine bulk purchas-
ing program.

Section 2 and 3 adds new sections to the tax law permitting taxpayers to
contribute to the municipal epinephrine bulk purchasing program.

Section 4 adds a new section to the state finance law creating the
Municipal epinephrine bulk-purchasing fund. Monies of the fund shall be
used to provide price reductions for the purchase of epinephrine for
municipal first responder agencies and elementary and secondary schools
located within such municipalities.

Section 5 is the effective date.

 
JUSTIFICATION:

An estimated 32 million Americans have food allergies, and 5.6 million
are children. That statistic means one in 13 children or roughly two in
every classroom battle allergies. Food allergies can be severe and life-
threatening and could result in anaphylaxis. When anaphylaxis occurs,
rapid treatment by means of intramuscular injections of epinephrine is
vital to save a life. Yet, even with injectors like the EpiPen being
viewed as life-saving devices, many individuals and municipalities find
it too expensive to readily obtain this medication. EpiPens can cost
$600 per approximately 2-pack, whereas a generic version is between
$100-280 per 2-pack.

One solution to decrease the cost of epinephrine would be to create a
state bulk-purchasing program. This legislation would allow New York to
implement a bulk-purchasing program, which would be financed through
state, municipal, and private donor funds. Through the creation of a
bulk purchasing program, the government would be empowered to apply its
purchasing power to negotiate down the cost of obtaining epinephrine
while also combatting the use of public funds being used to subsidize
price gouging. Massachusetts initiated a similar bulk purchasing
program, which has been proven to reduce the cost of pharmaceuticals in
the past.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7209 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7209
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  establishing  a
   municipal  epinephrine bulk purchase program; and to amend the tax law
   and the state finance law, in relation to establishing  the  municipal
   epinephrine bulk purchase fund and providing for taxpayer gifts there-
   to
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the public health law is amended by adding a
 new subdivision 31 to read as follows:
   31. THE COMMISSIONER IS AUTHORIZED TO APPROVE AND IMPLEMENT A  MUNICI-
 PAL  EPINEPHRINE BULK PURCHASE PROGRAM DESIGNED TO ASSIST MUNICIPALITIES
 TO MAKE BULK PURCHASES OF EPINEPHRINE FOR USE BY MUNICIPAL FIRST RESPON-
 DER AGENCIES AND ELEMENTARY AND SECONDARY SCHOOLS IN SUCH  MUNICIPALITY.
 THE  COMMISSIONER  MAY  ESTABLISH  RULES  AND  REGULATIONS PERTAINING TO
 ASSISTING  MUNICIPALITIES  WITH  THE  PURCHASING  AND  DISTRIBUTION   OF
 EPINEPHRINE BY MUNICIPALITIES.
   §  2.  The tax law is amended by adding a new section 209-N to read as
 follows:
   § 209-N. GIFT FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. A TAXPAYER  IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE MUNICIPAL
 EPINEPHRINE  BULK PURCHASE FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
 DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX  OWED  BY
 SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE CORPORATE
 INCOME TAX RETURN TO  ENABLE  A  TAXPAYER  TO  MAKE  SUCH  CONTRIBUTION.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES COLLECTED
 PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE MUNICIPAL  EPINEPHRINE
 BULK  PURCHASE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED
 IN SECTION NINETY-SEVEN-TTTT OF THE STATE FINANCE LAW.
   § 3. The tax law is amended by adding a new section 630-h to  read  as
 follows:
   § 630-H. GIFT  FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. AN INDIVIDUAL
 IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE MUNICIPAL EPINEPHRINE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13927-02-0

 S. 7209                             2
 
 BULK PURCHASE FUND.   SUCH CONTRIBUTION SHALL BE  IN  ANY  WHOLE  DOLLAR
 AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
 VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
 RETURN  TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, ALL  REVENUES  COLLECTED  PURSUANT  TO  THIS
 SECTION  SHALL  BE  CREDITED  TO THE MUNICIPAL EPINEPHRINE BULK PURCHASE
 FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  NINETY-SEV-
 EN-TTTT OF THE STATE FINANCE LAW.
   §  4. The state finance law is amended by adding a new section 97-tttt
 to read as follows:
   § 97-TTTT. MUNICIPAL EPINEPHRINE BULK PURCHASE FUND. 1. THERE IS HERE-
 BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION  AND
 FINANCE  AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "MUNICI-
 PAL EPINEPHRINE BULK PURCHASE FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
 HUNDRED NINE-N AND SECTION SIX HUNDRED THIRTY-H OF THE TAX LAW, AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE FUND SHALL BE EXPENDED TO PROVIDE PRICE REDUCTIONS
 FOR MUNICIPALITIES PURCHASING EPINEPHRINE FOR MUNICIPAL FIRST  RESPONDER
 AGENCIES  AND ELEMENTARY AND SECONDARY SCHOOLS LOCATED WITHIN SUCH MUNI-
 CIPALITIES PURSUANT TO THE MUNICIPAL EPINEPHRINE BULK  PURCHASE  PROGRAM
 ESTABLISHED  BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION THIR-
 TY-ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
 OF  HEALTH  SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
 TEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
 COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE,  THE  STATE
 COMPTROLLER  AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF
 THE FUND WERE UTILIZED DURING THE PRECEDING  CALENDAR  YEAR,  AND  SHALL
 INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   § 5. This act shall take effect immediately.

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