S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3762
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens.  BRESLIN,  RIVERA,  ADDABBO,  GAUGHRAN, GOUNARDES,
   KAMINSKY, KAPLAN, KRUEGER, MAYER, SKOUFIS -- 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 pharmacy benefit
   managers; to amend the insurance law, in relation to registration  and
   licensing   of  pharmacy  benefit  managers;  and  to  repeal  certain
   provisions of the public health law relating thereto
 
   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  Section  280-a of the public health law is REPEALED and a
 new section 280-a is added to read as follows:
   § 280-A. PHARMACY BENEFIT MANAGERS. 1. DEFINITIONS.  AS USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "HEALTH  PLAN  OR  PROVIDER" MEANS AN ENTITY FOR WHICH A PHARMACY
 BENEFIT MANAGER PROVIDES PHARMACY BENEFIT MANAGEMENT INCLUDING, BUT  NOT
 LIMITED  TO:  (I)  A  HEALTH BENEFIT PLAN OR OTHER ENTITY THAT APPROVES,
 PROVIDES, ARRANGES FOR, OR PAYS FOR HEALTH CARE ITEMS OR SERVICES, UNDER
 WHICH PRESCRIPTION DRUGS FOR BENEFICIARIES OF THE ENTITY  ARE  PURCHASED
 OR  WHICH PROVIDES OR ARRANGES REIMBURSEMENT IN WHOLE OR IN PART FOR THE
 PURCHASE OF PRESCRIPTION DRUGS;  OR  (II)  A  HEALTH  CARE  PROVIDER  OR
 PROFESSIONAL  THAT  ACQUIRES  PRESCRIPTION  DRUGS  TO USE OR DISPENSE IN
 PROVIDING HEALTH CARE TO PATIENTS WHERE THE  PRESCRIPTION  DRUG  IS  THE
 SUBJECT  OF  THE  PHARMACY BENEFIT MANAGER'S PHARMACY BENEFIT MANAGEMENT
 SERVICES.
   (B) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS THE SERVICE  PROVIDED
 TO  A  HEALTH  PLAN OR PROVIDER, DIRECTLY OR THROUGH ANOTHER ENTITY, AND
 REGARDLESS OF WHETHER THE PHARMACY BENEFIT MANAGER AND THE  HEALTH  PLAN
 OR  PROVIDER  ARE RELATED, OR ASSOCIATED BY OWNERSHIP, COMMON OWNERSHIP,
 ORGANIZATION OR OTHERWISE; INCLUDING  THE  PROCUREMENT  OF  PRESCRIPTION
 DRUGS  TO  BE DISPENSED TO PATIENTS, OR THE ADMINISTRATION OR MANAGEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00570-01-1
              

 S. 3762                             2
 
 OF PRESCRIPTION DRUG BENEFITS, INCLUDING BUT NOT LIMITED TO, ANY OF  THE
 FOLLOWING:
   (I) MAIL SERVICE PHARMACY;
   (II)  CLAIMS  PROCESSING,  RETAIL  NETWORK  MANAGEMENT,  OR PAYMENT OF
 CLAIMS TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
   (III) CLINICAL OR OTHER FORMULARY OR PREFERRED DRUG  LIST  DEVELOPMENT
 OR MANAGEMENT;
   (IV)  NEGOTIATION  OR  ADMINISTRATION  OF  REBATES, DISCOUNTS, PAYMENT
 DIFFERENTIALS, OR OTHER INCENTIVES,  FOR  THE  INCLUSION  OF  PARTICULAR
 PRESCRIPTION  DRUGS  IN A PARTICULAR CATEGORY OR TO PROMOTE THE PURCHASE
 OF PARTICULAR PRESCRIPTION DRUGS;
   (V) PATIENT COMPLIANCE, THERAPEUTIC INTERVENTION, OR  GENERIC  SUBSTI-
 TUTION PROGRAMS;
   (VI) DISEASE MANAGEMENT;
   (VII) DRUG UTILIZATION REVIEW OR PRIOR AUTHORIZATION;
   (VIII)  ADJUDICATION  OF APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION
 DRUG COVERAGE;
   (IX) CONTRACTING WITH NETWORK PHARMACIES; AND
   (X) CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.
   (C) "PHARMACY BENEFIT MANAGER" MEANS ANY ENTITY THAT PERFORMS PHARMACY
 BENEFIT MANAGEMENT SERVICES FOR A HEALTH PLAN OR PROVIDER.
   (D) "MAXIMUM ALLOWABLE  COST  PRICE"  MEANS  A  MAXIMUM  REIMBURSEMENT
 AMOUNT  SET  BY  THE PHARMACY BENEFIT MANAGER FOR THERAPEUTICALLY EQUIV-
 ALENT MULTIPLE SOURCE GENERIC DRUGS.
   (E) "CONTROLLING PERSON" MEANS ANY PERSON OR OTHER ENTITY WHO OR WHICH
 DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO  BE  DIRECTED
 THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
   (F)  "COVERED  INDIVIDUAL"  MEANS  A  MEMBER,  PARTICIPANT,  ENROLLEE,
 CONTRACT HOLDER OR POLICY HOLDER OR BENEFICIARY  OF  A  HEALTH  PLAN  OR
 PROVIDER.
   (G)  "LICENSE" MEANS A LICENSE TO BE A PHARMACY BENEFIT MANAGER, UNDER
 ARTICLE TWENTY-NINE OF THE INSURANCE LAW.
   (H) "SPREAD PRICING" MEANS THE PRACTICE OF A PHARMACY BENEFIT  MANAGER
 RETAINING  AN  ADDITIONAL AMOUNT OF MONEY IN ADDITION TO THE AMOUNT PAID
 TO THE PHARMACY TO FILL A PRESCRIPTION.
   (I) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF FINANCIAL SERVICES.
   2. DUTY, ACCOUNTABILITY AND TRANSPARENCY.   (A) THE  PHARMACY  BENEFIT
 MANAGER  SHALL  HAVE A DUTY AND OBLIGATION TO THE COVERED INDIVIDUAL AND
 THE HEALTH PLAN OR PROVIDER, AND SHALL PERFORM PHARMACY BENEFIT  MANAGE-
 MENT  SERVICES  WITH CARE, SKILL, PRUDENCE, DILIGENCE, AND PROFESSIONAL-
 ISM, AND FOR THE BEST INTERESTS  OF  THE  COVERED  INDIVIDUAL,  AND  THE
 HEALTH  PLAN  OR  PROVIDER.    WHERE THERE IS A CONFLICT IN THE PHARMACY
 BENEFIT MANAGER'S DUTY OR OBLIGATION UNDER THIS PARAGRAPH TO THE COVERED
 INDIVIDUAL AND ANY OTHER PARTY, THE DUTY OR OBLIGATION  TO  THE  COVERED
 INDIVIDUAL SHALL BE PRIMARY.
   (B)  ALL FUNDS RECEIVED BY THE PHARMACY BENEFIT MANAGER IN RELATION TO
 PROVIDING PHARMACY BENEFIT MANAGEMENT SERVICES SHALL BE RECEIVED BY  THE
 PHARMACY  BENEFIT  MANAGER  IN TRUST FOR THE HEALTH PLAN OR PROVIDER AND
 SHALL BE USED OR DISTRIBUTED  ONLY  PURSUANT  TO  THE  PHARMACY  BENEFIT
 MANAGER'S  CONTRACT  WITH THE HEALTH PLAN OR PROVIDER OR APPLICABLE LAW;
 INCLUDING ANY ADMINISTRATIVE FEE OR  PAYMENT  TO  THE  PHARMACY  BENEFIT
 MANAGER EXPRESSLY PROVIDED FOR IN THE CONTRACT TO COMPENSATE THE PHARMA-
 CY BENEFIT MANAGER FOR ITS SERVICES.  ANY FUNDS RECEIVED BY THE PHARMACY
 BENEFIT  MANAGER  THROUGH  SPREAD PRICING SHALL BE SUBJECT TO THIS PARA-
 GRAPH.

 S. 3762                             3
 
   (C) THE PHARMACY BENEFIT  MANAGER  SHALL  ACCOUNT,  ANNUALLY  OR  MORE
 FREQUENTLY  TO  THE  HEALTH  PLAN OR PROVIDER FOR ANY PRICING DISCOUNTS,
 REBATES OF ANY KIND, INFLATIONARY PAYMENTS,  CREDITS,  CLAWBACKS,  FEES,
 GRANTS,  CHARGEBACKS,  REIMBURSEMENTS, OR OTHER BENEFITS RECEIVED BY THE
 PHARMACY BENEFIT MANAGER. THE PHARMACY BENEFIT MANAGER SHALL ENSURE THAT
 ANY  PORTION  OF SUCH INCOME, PAYMENTS, AND FINANCIAL BENEFITS IS PASSED
 THROUGH TO THE HEALTH PLAN OR PROVIDER IN FULL TO REDUCE THE  REPORTABLE
 INGREDIENT  COST.  THE  HEALTH PLAN OR PROVIDER SHALL HAVE ACCESS TO ALL
 FINANCIAL AND UTILIZATION INFORMATION OF THE PHARMACY BENEFIT MANAGER IN
 RELATION TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO THE  HEALTH
 PLAN OR PROVIDER.
   (D)  THE  PHARMACY  BENEFIT  MANAGER  SHALL DISCLOSE IN WRITING TO THE
 HEALTH PLAN OR PROVIDER THE TERMS AND  CONDITIONS  OF  ANY  CONTRACT  OR
 ARRANGEMENT  BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY PARTY RELATING
 TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO THE HEALTH  PLAN  OR
 PROVIDER INCLUDING BUT NOT LIMITED TO, DISPENSING FEES PAID TO THE PHAR-
 MACIES.
   (E)  THE  PHARMACY  BENEFIT  MANAGER  SHALL DISCLOSE IN WRITING TO THE
 HEALTH PLAN OR PROVIDER ANY  ACTIVITY,  POLICY,  PRACTICE,  CONTRACT  OR
 ARRANGEMENT  OF THE PHARMACY BENEFIT MANAGER THAT DIRECTLY OR INDIRECTLY
 PRESENTS ANY CONFLICT OF INTEREST WITH THE  PHARMACY  BENEFIT  MANAGER'S
 RELATIONSHIP WITH OR OBLIGATION TO THE HEALTH PLAN OR PROVIDER.
   (F)  ANY  INFORMATION  REQUIRED  TO BE DISCLOSED BY A PHARMACY BENEFIT
 MANAGER TO A HEALTH PLAN OR PROVIDER UNDER THIS SECTION THAT IS  REASON-
 ABLY  DESIGNATED BY THE PHARMACY BENEFIT MANAGER AS PROPRIETARY OR TRADE
 SECRET INFORMATION SHALL BE KEPT CONFIDENTIAL  BY  THE  HEALTH  PLAN  OR
 PROVIDER,  EXCEPT  AS REQUIRED OR PERMITTED BY LAW, INCLUDING DISCLOSURE
 NECESSARY TO PROSECUTE OR DEFEND ANY LEGITIMATE LEGAL CLAIM OR CAUSE  OF
 ACTION.
   (G) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER:
   (I)  MAY  MAKE  REGULATIONS  DEFINING,  LIMITING,  AND RELATING TO THE
 DUTIES, OBLIGATIONS, REQUIREMENTS AND OTHER PROVISIONS RELATING TO PHAR-
 MACY BENEFIT MANAGERS UNDER THIS SUBDIVISION; AND
   (II) SHALL ESTABLISH, BY REGULATION, MINIMUM  STANDARDS  FOR  PHARMACY
 BENEFIT  MANAGEMENT  SERVICES  WHICH  SHALL  ADDRESS THE ELIMINATION OF:
 CONFLICTS OF INTEREST BETWEEN  PHARMACY  BENEFIT  MANAGERS  AND  COVERED
 INDIVIDUALS,  HEALTH  BENEFIT  PLANS  AND  HEALTH CARE PROVIDERS; SPREAD
 PRICING; AND DECEPTIVE PRACTICES, ANTI-COMPETITIVE PRACTICES, AND UNFAIR
 CLAIMS PRACTICES.
   (H) A HEALTH CARE PROVIDER AND A COVERED INDIVIDUAL SHALL BE DEEMED TO
 BE THIRD-PARTY BENEFICIARIES OF THE DUTIES, OBLIGATIONS AND REQUIREMENTS
 APPLICABLE TO THE PHARMACY BENEFIT MANAGER UNDER THIS SECTION AND  SHALL
 BE  ENTITLED  TO LEGAL OR EQUITABLE RELIEF FOR ANY INJURY OR LOSS TO THE
 HEALTH CARE PROVIDER OR THE COVERED INDIVIDUAL CAUSED BY  ANY  VIOLATION
 OF SUCH DUTIES, OBLIGATIONS OR REQUIREMENTS.
   3.  PRESCRIPTIONS.    A PHARMACY BENEFIT MANAGER MAY NOT SUBSTITUTE OR
 CAUSE THE SUBSTITUTING OF ONE PRESCRIPTION DRUG FOR ANOTHER IN  DISPENS-
 ING  A  PRESCRIPTION,  OR  ALTER OR CAUSE THE ALTERING OF THE TERMS OF A
 PRESCRIPTION, EXCEPT WITH THE APPROVAL OF THE PRESCRIBER OR AS EXPLICIT-
 LY REQUIRED OR PERMITTED BY LAW.
   4. APPEALS.   A  PHARMACY  BENEFIT  MANAGER  SHALL,  WITH  RESPECT  TO
 CONTRACTS BETWEEN A PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNA-
 TIVELY,  A  PHARMACY BENEFIT MANAGER AND A PHARMACY'S CONTRACTING AGENT,
 SUCH AS A  PHARMACY  SERVICES  ADMINISTRATIVE  ORGANIZATION,  INCLUDE  A
 REASONABLE PROCESS TO APPEAL, INVESTIGATE AND RESOLVE DISPUTES REGARDING

 S. 3762                             4
 
 MULTI-SOURCE GENERIC DRUG PRICING. THE APPEALS PROCESS SHALL INCLUDE THE
 FOLLOWING PROVISIONS:
   (A)  THE  RIGHT  TO  APPEAL  BY  THE  PHARMACY  AND/OR  THE PHARMACY'S
 CONTRACTING AGENT SHALL BE LIMITED TO THIRTY DAYS FOLLOWING THE  INITIAL
 CLAIM SUBMITTED FOR PAYMENT;
   (B)  A  TELEPHONE  NUMBER THROUGH WHICH A NETWORK PHARMACY MAY CONTACT
 THE PHARMACY BENEFIT MANAGER FOR THE PURPOSE OF FILING AN APPEAL AND  AN
 ELECTRONIC  MAIL  ADDRESS OF THE INDIVIDUAL WHO IS RESPONSIBLE FOR PROC-
 ESSING APPEALS;
   (C) THE PHARMACY BENEFIT MANAGER SHALL SEND AN ELECTRONIC MAIL MESSAGE
 ACKNOWLEDGING RECEIPT OF THE APPEAL. THE PHARMACY BENEFIT MANAGER  SHALL
 RESPOND  IN  AN ELECTRONIC MESSAGE TO THE PHARMACY AND/OR THE PHARMACY'S
 CONTRACTING AGENT FILING THE APPEAL WITHIN SEVEN BUSINESS DAYS  INDICAT-
 ING  ITS  DETERMINATION.  IF  THE  APPEAL IS DETERMINED TO BE VALID, THE
 MAXIMUM ALLOWABLE COST FOR THE DRUG SHALL BE ADJUSTED FOR THE  APPEALING
 PHARMACY EFFECTIVE AS OF THE DATE OF THE ORIGINAL CLAIM FOR PAYMENT. THE
 PHARMACY BENEFIT MANAGER SHALL REQUIRE THE APPEALING PHARMACY TO REVERSE
 AND  REBILL  THE  CLAIM  IN  QUESTION  IN  ORDER TO OBTAIN THE CORRECTED
 REIMBURSEMENT;
   (D) IF AN UPDATE TO THE MAXIMUM ALLOWABLE COST IS WARRANTED, THE PHAR-
 MACY BENEFIT MANAGER OR COVERED ENTITY SHALL ADJUST THE  MAXIMUM  ALLOW-
 ABLE COST OF THE DRUG EFFECTIVE FOR ALL SIMILARLY SITUATED PHARMACIES IN
 ITS  NETWORK  IN  THE  STATE ON THE DATE THE APPEAL WAS DETERMINED TO BE
 VALID; AND
   (E) IF AN APPEAL IS DENIED, THE PHARMACY BENEFIT MANAGER SHALL IDENTI-
 FY THE NATIONAL DRUG CODE  OF  A  THERAPEUTICALLY  EQUIVALENT  DRUG,  AS
 DETERMINED  BY  THE FEDERAL FOOD AND DRUG ADMINISTRATION, THAT IS AVAIL-
 ABLE FOR PURCHASE BY PHARMACIES IN THIS STATE  FROM  WHOLESALERS  REGIS-
 TERED  PURSUANT TO SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED EIGHT
 OF THE EDUCATION LAW AT A PRICE WHICH IS EQUAL TO OR LESS THAN THE MAXI-
 MUM ALLOWABLE COST FOR THAT DRUG AS DETERMINED BY THE  PHARMACY  BENEFIT
 MANAGER.
   5.  CONTRACT  PROVISIONS.    NO  PHARMACY  BENEFIT MANAGER SHALL, WITH
 RESPECT TO CONTRACTS BETWEEN SUCH PHARMACY BENEFIT MANAGER AND A PHARMA-
 CY OR, ALTERNATIVELY, SUCH PHARMACY BENEFIT  MANAGER  AND  A  PHARMACY'S
 CONTRACTING  AGENT, SUCH AS A PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
 TION:
   (A) PROHIBIT OR PENALIZE A PHARMACIST OR PHARMACY FROM  DISCLOSING  TO
 AN  INDIVIDUAL  PURCHASING A PRESCRIPTION MEDICATION INFORMATION REGARD-
 ING:
   (I) THE COST OF THE PRESCRIPTION MEDICATION TO THE INDIVIDUAL, OR
   (II) 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;
   (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; OR
   (C)  REQUIRE A PHARMACY TO MEET ANY PHARMACY ACCREDITATION STANDARD OR
 RECERTIFICATION REQUIREMENT INCONSISTENT WITH, MORE STRINGENT  THAN,  OR
 IN ADDITION TO FEDERAL AND STATE REQUIREMENTS FOR LICENSURE AS A PHARMA-
 CY.
   §  2.  The insurance law is amended by adding a new article 29 to read
 as follows:

 S. 3762                             5
 
                                ARTICLE 29
                         PHARMACY BENEFIT MANAGERS
 SECTION 2901. DEFINITIONS.
         2902. ACTING WITHOUT A REGISTRATION.
         2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2905. ACTING WITHOUT A LICENSE.
         2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
         2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
                 PHARMACY BENEFIT MANAGER.
         2908. PENALTIES FOR VIOLATIONS.
         2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
         2910. REVOKED REGISTRATIONS OR LICENSES.
         2911. CHANGE OF ADDRESS.
         2912. APPLICABILITY OF OTHER LAWS.
         2913. ASSESSMENTS.
   § 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   (A)  "CONTROLLING  PERSON"  IS ANY PERSON OR OTHER ENTITY WHO OR WHICH
 DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO  BE  DIRECTED
 THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
   (B)  THE TERMS "COVERED INDIVIDUAL", "HEALTH PLAN OR PROVIDER", "PHAR-
 MACY BENEFIT MANAGER" AND "PHARMACY BENEFIT  MANAGEMENT  SERVICES"  HAVE
 THE  SAME  MEANINGS  AS  DEFINED  BY SECTION TWO HUNDRED EIGHTY-A OF THE
 PUBLIC HEALTH LAW.
   § 2902. ACTING WITHOUT A REGISTRATION. (A) NO  PERSON,  FIRM,  ASSOCI-
 ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER
 ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWENTY-ONE AND PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-THREE, WITHOUT HAVING A VALID REGISTRATION AS
 A PHARMACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT  IN  ACCORDANCE
 WITH THIS ARTICLE AND ANY REGULATIONS PROMULGATED THEREUNDER.
   (B)  ANY  PERSON,  FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
 VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER  PENALTY  PROVIDED
 BY  LAW,  BE  LIABLE  FOR  RESTITUTION TO ANY HEALTH PLAN OR PROVIDER OR
 COVERED INDIVIDUAL HARMED BY THE VIOLATION AND SHALL ALSO BE SUBJECT  TO
 A  PENALTY  NOT EXCEEDING OF THE GREATER OF (1) ONE THOUSAND DOLLARS FOR
 THE FIRST VIOLATION AND TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH
 SUBSEQUENT  VIOLATION  OR  (2)  THE  AGGREGATE  ECONOMIC  GROSS RECEIPTS
 ATTRIBUTABLE TO ALL VIOLATIONS.
   § 2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT  MANAGERS.  (A)
 EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
 SERVICES  ON  OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE AND PRIOR TO
 JANUARY FIRST, TWO THOUSAND TWENTY-THREE SHALL REGISTER WITH THE  SUPER-
 INTENDENT  IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT, AND SHALL PAY A
 FEE OF ONE THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH
 THE REGISTRATION SHALL BE VALID.  THE  SUPERINTENDENT,  IN  CONSULTATION
 WITH  THE  COMMISSIONER OF HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM
 REGISTRATION STANDARDS REQUIRED FOR  A  PHARMACY  BENEFIT  MANAGER.  THE
 SUPERINTENDENT CAN REJECT A REGISTRATION APPLICATION FILED BY A PHARMACY
 BENEFIT MANAGER THAT FAILS TO COMPLY WITH THE MINIMUM REGISTRATION STAN-
 DARDS.
   (B)  FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
 DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED  RESPONSIBLE  FOR
 THE  BUSINESS ENTITY'S COMPLIANCE WITH THE FINANCIAL SERVICES AND INSUR-
 ANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
   (C) EVERY REGISTRATION WILL EXPIRE ON DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-TWO REGARDLESS OF WHEN REGISTRATION WAS FIRST MADE.

 S. 3762                             6
 
   (D) EVERY PHARMACY BENEFIT  MANAGER  THAT  PERFORMS  PHARMACY  BENEFIT
 MANAGEMENT SERVICES AT ANY TIME PRIOR TO APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE,  SHALL  MAKE  THE  REGISTRATION  AND  FEE  PAYMENT  REQUIRED  BY
 SUBSECTION (A) OF THIS SECTION ON OR BEFORE  JUNE  FIRST,  TWO  THOUSAND
 TWENTY-ONE.  ANY OTHER PHARMACY BENEFIT MANAGER SHALL MAKE THE REGISTRA-
 TION AND FEE PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION PRIOR TO
 PERFORMING PHARMACY BENEFIT MANAGEMENT SERVICES.
   (E) REGISTRANTS UNDER THIS SECTION SHALL BE SUBJECT TO EXAMINATION  BY
 THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT NECESSARY.
 THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS ESTABLISHING METHODS AND
 PROCEDURES FOR FACILITATING AND VERIFYING COMPLIANCE WITH  THE  REQUIRE-
 MENTS OF THIS ARTICLE AND SUCH OTHER REGULATIONS AS NECESSARY TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)(1)
 ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND  TWENTY-
 ONE,  EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
 IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
 RY, THE INFORMATION REQUESTED BY THE SUPERINTENDENT  INCLUDING,  WITHOUT
 LIMITATION,
   (I) ANY PRICING DISCOUNTS, REBATES OF ANY KIND, INFLATIONARY PAYMENTS,
 CREDITS,  CLAWBACKS,  FEES,  GRANTS,  CHARGEBACKS, REIMBURSEMENTS, OTHER
 FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS,  REFUNDS  OR
 OTHER BENEFITS RECEIVED BY THE PHARMACY BENEFIT MANAGER; AND
   (II)  THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT, INCLUD-
 ING OTHER FINANCIAL OR OTHER REIMBURSEMENTS INCENTIVES,  INDUCEMENTS  OR
 REFUNDS  BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY OTHER PARTY RELAT-
 ING TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO A HEALTH PLAN OR
 PROVIDER INCLUDING BUT NOT LIMITED TO, DISPENSING FEES PAID  TO  PHARMA-
 CIES.
   THE SUPERINTENDENT MAY REQUIRE THE FILING OF QUARTERLY OR OTHER STATE-
 MENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH MATTERS AS THE
 SUPERINTENDENT SHALL PRESCRIBE.
   (2)  THE SUPERINTENDENT MAY ADDRESS TO ANY PHARMACY BENEFIT MANAGER OR
 ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY  BENE-
 FIT  MANAGEMENT SERVICES OR ANY MATTER CONNECTED THEREWITH.  EVERY PHAR-
 MACY BENEFIT MANAGER OR PERSON SO ADDRESSED SHALL REPLY  IN  WRITING  TO
 SUCH  INQUIRY  PROMPTLY  AND  TRUTHFULLY,  AND  SUCH  REPLY SHALL BE, IF
 REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY  SUCH  INDIVIDUAL,  OR  BY
 SUCH  OFFICER OR OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE SUPER-
 INTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENAL-
 TIES OF PERJURY.
   (B) IN THE EVENT ANY PHARMACY  BENEFIT  MANAGER  OR  PERSON  DOES  NOT
 SUBMIT  THE  REPORT  REQUIRED BY PARAGRAPH ONE OF SUBSECTION (A) OF THIS
 SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY FROM THE
 SUPERINTENDENT PURSUANT TO PARAGRAPH  TWO  OF  SUBSECTION  (A)  OF  THIS
 SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT LESS
 THAN  FIFTEEN  BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED TO LEVY A
 CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH  PHARMACY  BENEFIT
 MANAGER  OR  PERSON  NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH
 DAY BEYOND THE DATE THE REPORT IS DUE  OR  THE  DATE  SPECIFIED  BY  THE
 SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
   (C)  ALL  INFORMATION,  DOCUMENTS AND MATERIAL DISCLOSED BY A PHARMACY
 BENEFIT MANAGER UNDER THIS  SECTION  AND  IN  THE  POSSESSION  OR  UNDER
 CONTROL  OF  THE  SUPERINTENDENT  SHALL  BE  DEEMED CONFIDENTIAL AND NOT
 SUBJECT TO PUBLIC DISCLOSURE EXCEPT (1) BY COURT ORDER WHEN RELEVANT AND
 MATERIAL IN A CIVIL OR CRIMINAL ACTION OR PROCEEDING, OR (2)  WHERE  AND

 S. 3762                             7
 
 AS THE SUPERINTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC INTER-
 EST. THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND MATE-
 RIALS WHERE THEY ARE IN THE POSSESSION AND UNDER THE CONTROL OF A PERSON
 OR ENTITY OTHER THAN THE SUPERINTENDENT.
   §  2905.  ACTING  WITHOUT A LICENSE. (A) NO PERSON, FIRM, ASSOCIATION,
 CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON  OR
 AFTER  JANUARY FIRST, TWO THOUSAND TWENTY-THREE WITHOUT HAVING AUTHORITY
 TO DO SO BY VIRTUE  OF  A  LICENSE  ISSUED  IN  FORCE  PURSUANT  TO  THE
 PROVISIONS OF THIS ARTICLE.
   (B)  ANY  PERSON,  FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
 VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER  PENALTY  PROVIDED
 BY  LAW,  BE  SUBJECT  TO A PENALTY NOT EXCEEDING THE GREATER OF (1) ONE
 THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND  FIVE  HUNDRED
 DOLLARS  FOR  EACH  SUBSEQUENT  VIOLATION  OR (2) THE AGGREGATE ECONOMIC
 GROSS RECEIPTS ATTRIBUTABLE TO ALL VIOLATIONS.
   § 2906. LICENSING OF A PHARMACY BENEFIT MANAGER. (A)  THE  SUPERINTEN-
 DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
 ASSOCIATION  OR  CORPORATION  WHO OR THAT HAS COMPLIED WITH THE REQUIRE-
 MENTS OF THIS ARTICLE, INCLUDING REGULATIONS PROMULGATED BY  THE  SUPER-
 INTENDENT.  THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS FOR THE ISSUANCE
 OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
   (B) THE  MINIMUM  STANDARDS  ESTABLISHED  UNDER  THIS  SUBSECTION  MAY
 ADDRESS, WITHOUT LIMITATION:
   (1) CONFLICTS OF INTEREST BETWEEN PHARMACY BENEFIT MANAGERS AND HEALTH
 PLANS OR INSURERS;
   (2) DECEPTIVE PRACTICES IN CONNECTION WITH THE PERFORMANCE OF PHARMACY
 BENEFIT MANAGEMENT SERVICES;
   (3)  ANTI-COMPETITIVE  PRACTICES IN CONNECTION WITH THE PERFORMANCE OF
 PHARMACY BENEFIT MANAGEMENT SERVICES;
   (4) UNFAIR CLAIMS PRACTICES IN  CONNECTION  WITH  THE  PERFORMANCE  OF
 PHARMACY BENEFIT MANAGEMENT SERVICES; AND
   (5) PROTECTION OF CONSUMERS.
   (C)(1)  ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHOR-
 IZE ALL OF THE MEMBERS OF THE FIRM OR  ASSOCIATION  AND  ANY  DESIGNATED
 EMPLOYEES TO ACT AS PHARMACY BENEFIT MANAGERS UNDER THE LICENSE, AND ALL
 SUCH PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
   (2)  ANY  SUCH  LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ALL OF
 THE OFFICERS AND ANY DESIGNATED EMPLOYEES AND DIRECTORS THEREOF  TO  ACT
 AS PHARMACY BENEFIT MANAGERS ON BEHALF OF SUCH CORPORATION, AND ALL SUCH
 PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
   (3)  FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
 DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED  RESPONSIBLE  FOR
 THE  BUSINESS  ENTITY'S  COMPLIANCE  WITH  THE INSURANCE LAWS, RULES AND
 REGULATIONS OF THIS STATE.
   (D)(1) BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED  OR
 RENEWED,  THE  PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE OFFICE OF
 THE SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR  FORMS
 AND  SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE
 OF TWO THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN  WHICH  A
 LICENSE SHALL BE VALID.
   (2)  EVERY  PHARMACY BENEFIT MANAGER'S LICENSE SHALL EXPIRE THIRTY-SIX
 MONTHS AFTER THE DATE OF ISSUE. EVERY LICENSE ISSUED  PURSUANT  TO  THIS
 SECTION  MAY BE RENEWED FOR THE ENSUING PERIOD OF THIRTY-SIX MONTHS UPON
 THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.

 S. 3762                             8
 
   (E)(1) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE  BEEN  FILED
 WITH THE SUPERINTENDENT BEFORE NOVEMBER FIRST OF THE YEAR OF EXPIRATION,
 THEN  THE  LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
 EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OF  THE  RENEWAL
 LICENSE  APPLIED  FOR  OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL
 HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE  AND  GIVEN  NOTICE  OF  SUCH
 REFUSAL TO THE APPLICANT.
   (2)  BEFORE REFUSING TO RENEW ANY LICENSE PURSUANT TO THIS SECTION FOR
 WHICH A RENEWAL APPLICATION HAS BEEN FILED PURSUANT TO PARAGRAPH ONE  OF
 THIS  SUBSECTION,  THE  SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE
 SUPERINTENDENT'S INTENTION TO DO SO AND  SHALL  GIVE  SUCH  APPLICANT  A
 HEARING.
   (F)  THE  SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
 ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR  ANY
 MEMBER,  PRINCIPAL,  OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
 WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY  BENEFIT
 MANAGER,  OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
 SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH  ANY  PREREQUI-
 SITE FOR THE ISSUANCE OF SUCH LICENSE.
   (G) LICENSEES AND APPLICANTS FOR A LICENSE UNDER THIS SECTION SHALL BE
 SUBJECT TO EXAMINATION BY THE SUPERINTENDENT AS OFTEN AS THE SUPERINTEN-
 DENT  MAY  DEEM  IT  EXPEDIENT.  THE SUPERINTENDENT MAY PROMULGATE REGU-
 LATIONS ESTABLISHING METHODS AND PROCEDURES FOR FACILITATING AND VERIFY-
 ING COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SECTION  AND  SUCH  OTHER
 REGULATIONS AS NECESSARY.
   (H)  THE  SUPERINTENDENT  MAY  ISSUE  A  REPLACEMENT  FOR  A CURRENTLY
 IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
 LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN  THE  OFFICE  OF  THE
 SUPERINTENDENT  A  WRITTEN  APPLICATION  FOR  THE  REPLACEMENT  LICENSE,
 AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL  LICENSE  HAS  BEEN
 LOST OR DESTROYED, TOGETHER WITH A FEE OF TWO HUNDRED DOLLARS.
   (I) NO PHARMACY BENEFIT MANAGER SHALL ENGAGE IN ANY PRACTICE OR ACTION
 THAT  A  HEALTH PLAN OR PROVIDER IS PROHIBITED FROM ENGAGING IN PURSUANT
 TO THIS CHAPTER.
   § 2907. REVOCATION OR SUSPENSION OF A REGISTRATION  OR  LICENSE  OF  A
 PHARMACY  BENEFIT  MANAGER.  (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
 MAY REVOKE, OR MAY SUSPEND FOR A PERIOD  THE  SUPERINTENDENT  DETERMINES
 THE  REGISTRATION  OR  LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, AFTER
 NOTICE AND HEARING, THE SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR
 LICENSEE OR ANY MEMBER, PRINCIPAL,  OFFICER,  DIRECTOR,  OR  CONTROLLING
 PERSON OF THE REGISTRANT OR LICENSEE, HAS:
   (1)  VIOLATED  ANY INSURANCE LAWS, SECTION TWO HUNDRED EIGHTY-A OF THE
 PUBLIC HEALTH LAW OR VIOLATED ANY REGULATION, SUBPOENA OR ORDER  OF  THE
 SUPERINTENDENT  OR  OF  ANOTHER  STATE'S  INSURANCE COMMISSIONER, OR HAS
 VIOLATED ANY LAW IN THE COURSE OF HIS OR HER DEALINGS IN  SUCH  CAPACITY
 AFTER  SUCH  LICENSE  HAS BEEN ISSUED OR RENEWED PURSUANT TO SECTION TWO
 THOUSAND NINE HUNDRED SIX OF THIS ARTICLE;
   (2) PROVIDED MATERIALLY INCORRECT, MATERIALLY  MISLEADING,  MATERIALLY
 INCOMPLETE  OR  MATERIALLY  UNTRUE  INFORMATION  IN  THE REGISTRATION OR
 LICENSE APPLICATION;
   (3) OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE  THROUGH
 MISREPRESENTATION OR FRAUD;
   (4)(A) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
   (B) DEMONSTRATED INCOMPETENCE;
   (C) DEMONSTRATED UNTRUSTWORTHINESS; OR

 S. 3762                             9
 
   (D) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSINESS
 IN THIS STATE OR ELSEWHERE;
   (5)  IMPROPERLY  WITHHELD,  MISAPPROPRIATED OR CONVERTED ANY MONIES OR
 PROPERTIES RECEIVED IN THE COURSE OF BUSINESS IN  THIS  STATE  OR  ELSE-
 WHERE;
   (6)  INTENTIONALLY  MISREPRESENTED  THE TERMS OF AN ACTUAL OR PROPOSED
 INSURANCE CONTRACT;
   (7) ADMITTED OR BEEN FOUND TO  HAVE  COMMITTED  ANY  INSURANCE  UNFAIR
 TRADE PRACTICE OR FRAUD;
   (8)  HAD  A  PHARMACY  BENEFIT MANAGER REGISTRATION OR LICENSE, OR ITS
 EQUIVALENT, DENIED, SUSPENDED OR REVOKED IN ANY OTHER  STATE,  PROVINCE,
 DISTRICT OR TERRITORY;
   (9)  FAILED  TO PAY STATE INCOME TAX OR COMPLY WITH ANY ADMINISTRATIVE
 OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX; OR
   (10) CEASED TO MEET THE REQUIREMENTS  FOR  REGISTRATION  OR  LICENSURE
 UNDER THIS ARTICLE.
   (B)  BEFORE  REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF ANY
 PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
 SUPERINTENDENT SHALL GIVE NOTICE TO THE REGISTRANT OR  LICENSEE  AND  TO
 EVERY  SUB-LICENSEE  AND  SHALL HOLD, OR CAUSE TO BE HELD, A HEARING NOT
 LESS THAN TEN DAYS AFTER THE GIVING OF SUCH NOTICE.
   (C) IF A REGISTRATION OR LICENSE PURSUANT TO THE  PROVISIONS  OF  THIS
 ARTICLE  IS  REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN THE SUPER-
 INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
   (D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE  SHALL  TERMINATE  FORTHWITH  SUCH
 REGISTRATION  OR  LICENSE  AND  THE AUTHORITY CONFERRED THEREBY UPON ALL
 SUB-LICENSEES. FOR GOOD CAUSE SHOWN, THE SUPERINTENDENT  MAY  DELAY  THE
 EFFECTIVE DATE OF A REVOCATION OR SUSPENSION TO PERMIT THE REGISTRANT OR
 LICENSEE  TO  SATISFY  SOME  OR  ALL  OF  ITS CONTRACTUAL OBLIGATIONS TO
 PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES IN THE STATE.
   (E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
 TION OR LICENSE AS A PHARMACY BENEFIT MANAGER HAS BEEN REVOKED  PURSUANT
 TO  SUBSECTION  (A) OF THIS SECTION, AND NO FIRM OR ASSOCIATION OF WHICH
 SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
 IS AN OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF  THE  REGISTRANT
 OR  LICENSEE  SHALL  BE  ENTITLED  TO OBTAIN ANY REGISTRATION OR LICENSE
 UNDER THE PROVISIONS OF THIS ARTICLE FOR A MINIMUM PERIOD  OF  ONE  YEAR
 AFTER  SUCH  REVOCATION,  OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED,
 FOR A MINIMUM PERIOD OF ONE YEAR AFTER THE FINAL  DETERMINATION  THEREOF
 AFFIRMING THE ACTION OF THE SUPERINTENDENT IN REVOKING SUCH LICENSE.
   (2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
 CORPORATION  BE  REVOKED,  NO  MEMBER OF SUCH FIRM OR ASSOCIATION AND NO
 OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
 REGISTRANT OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY  REGISTRATION  OR
 LICENSE,  OR  TO  BE  NAMED AS A SUB-LICENSEE IN ANY SUCH LICENSE, UNDER
 THIS ARTICLE FOR THE SAME PERIOD  OF  TIME,  UNLESS  THE  SUPERINTENDENT
 DETERMINES,  AFTER  NOTICE  AND  HEARING,  THAT  SUCH MEMBER, OFFICER OR
 DIRECTOR WAS NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT  OF  WHICH
 SUCH REGISTRATION OR LICENSE WAS REVOKED.
   (F)  IF  ANY  CORPORATION, FIRM, ASSOCIATION OR PERSON AGGRIEVED SHALL
 FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT  SETTING  FORTH  FACTS
 TENDING  TO  SHOW  SUFFICIENT GROUND FOR THE REVOCATION OR SUSPENSION OF
 ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE, AND  THE  SUPER-
 INTENDENT  FINDS  THE COMPLAINT CREDIBLE, THEN THE SUPERINTENDENT SHALL,

 S. 3762                            10
 
 AFTER NOTICE AND A  HEARING,  DETERMINE  WHETHER  SUCH  REGISTRATION  OR
 LICENSE SHALL BE SUSPENDED OR REVOKED.
   (G)  THE  SUPERINTENDENT  SHALL  RETAIN  THE  AUTHORITY TO ENFORCE THE
 PROVISIONS OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS  CHAP-
 TER  AGAINST  ANY  PERSON  OR  ENTITY  WHO IS UNDER INVESTIGATION FOR OR
 CHARGED WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR  ENTI-
 TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
 LAPSED BY OPERATION OF LAW.
   (H)  A  REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO
 THE SUPERINTENDENT ANY ADMINISTRATIVE ACTION TAKEN  AGAINST  THE  REGIS-
 TRANT  OR  LICENSEE  IN  ANOTHER JURISDICTION OR BY ANOTHER GOVERNMENTAL
 AGENCY IN THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF  THE
 MATTER.  THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER
 OR OTHER RELEVANT LEGAL DOCUMENTS.
   (I)  WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A REGIS-
 TRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL  REPORT  TO  THE  SUPER-
 INTENDENT  ANY  CRIMINAL PROSECUTION OF THE REGISTRANT OR LICENSEE TAKEN
 IN ANY JURISDICTION. THE REPORT SHALL INCLUDE  A  COPY  OF  THE  INITIAL
 COMPLAINT  FILED,  THE  ORDER  RESULTING  FROM THE HEARING AND ANY OTHER
 RELEVANT LEGAL DOCUMENTS.
   § 2908. PENALTIES FOR VIOLATIONS. (A) THE SUPERINTENDENT, IN  LIEU  OF
 REVOKING  OR  SUSPENDING  THE REGISTRATION OR LICENSE OF A REGISTRANT OR
 LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY  IN  ANY
 ONE  PROCEEDING  BY  ORDER, REQUIRE THE REGISTRANT OR LICENSEE TO PAY TO
 THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING THE GREATER OF
 (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE AND TWO THOUSAND FIVE  HUNDRED
 DOLLARS  FOR  EACH  SUBSEQUENT  VIOLATION  OR  (2)  THE  AGGREGATE GROSS
 RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
   (B) UPON THE FAILURE OF SUCH A  REGISTRANT  OR  LICENSEE  TO  PAY  THE
 PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
 DAYS  AFTER  THE  MAILING OF THE ORDER, POSTAGE PREPAID, REGISTERED, AND
 ADDRESSED TO THE LAST KNOWN PLACE OF BUSINESS OF  THE  LICENSEE,  UNLESS
 THE  ORDER  IS  STAYED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION,
 THE SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE  REGIS-
 TRANT  OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE SUPER-
 INTENDENT DETERMINES.
   § 2909. STAY OR  SUSPENSION  OF  SUPERINTENDENT'S  DETERMINATION.  THE
 COMMENCEMENT  OF  A  PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF  THE  SUPERINTENDENT  IN
 SUSPENDING  OR  REVOKING OR REFUSING TO RENEW ANY CERTIFICATE UNDER THIS
 ARTICLE, SHALL STAY SUCH ACTION OF THE SUPERINTENDENT FOR  A  PERIOD  OF
 THIRTY  DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD UNLESS
 THE COURT SHALL DETERMINE, AFTER A  PRELIMINARY  HEARING  OF  WHICH  THE
 SUPERINTENDENT  IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY OF
 THE SUPERINTENDENT'S ACTION PENDING THE FINAL DETERMINATION  OR  FURTHER
 ORDER OF THE COURT WILL NOT UNDULY INJURE THE INTERESTS OF THE PEOPLE OF
 THE STATE.
   §  2910.  REVOKED  REGISTRATIONS  OR LICENSES. (A)(1) NO PERSON, FIRM,
 ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT TO  THE  PROVISIONS  OF
 THIS  ARTICLE  WHOSE REGISTRATION OR LICENSE UNDER THIS ARTICLE HAS BEEN
 REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE  BUSINESS  OF
 PHARMACY  BENEFIT  MANAGEMENT  IN  ANY  CAPACITY HAS BEEN REVOKED BY ANY
 OTHER STATE OR TERRITORY OF THE UNITED STATES SHALL BECOME  EMPLOYED  OR
 APPOINTED  BY A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAG-
 ER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR  WRITTEN

 S. 3762                            11

 APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE
 OR ARE CLERICAL OR MINISTERIAL IN NATURE.
   (2)  NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
 TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT  ANY
 PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
 HAS  BEEN  REVOKED,  OR  WHOSE  REGISTRATION OR LICENSE TO ENGAGE IN THE
 BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
 BY ANY OTHER STATE OR TERRITORY OF THE UNITED  STATES,  AS  AN  OFFICER,
 DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
 PRIOR  WRITTEN  APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
 FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
   (3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE  PROVISIONS  OF  THIS
 ARTICLE  SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
 ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED,  OR  WHOSE  REGISTRATION  OR
 LICENSE  TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
 CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
 STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH  CORPORATION  OR
 PARTNERSHIP,  NOR  SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER
 IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR  WRITTEN  APPROVAL
 OF THE SUPERINTENDENT.
   (B)  THE  SUPERINTENDENT  MAY  APPROVE  THE EMPLOYMENT, APPOINTMENT OR
 PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS  BEEN
 REVOKED:
   (1)  IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
 ITIES OF SUCH PERSON ARE SUBJECT TO  APPROPRIATE  SUPERVISION  AND  THAT
 SUCH  DUTIES  AND  RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
 THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR  LICEN-
 SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
   (2)  IF  SUCH  PERSON  HAS  FILED AN APPLICATION FOR REREGISTRATION OR
 RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
 TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN  ONE  HUNDRED
 TWENTY  DAYS  FOLLOWING  THE  FILING  THEREOF, UNLESS THE SUPERINTENDENT
 DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT  OF  SUCH
 PERSON  BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
 MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
 SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS  ARTI-
 CLE  IF  THE  SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
 THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL  SECURITIES
 EXCHANGE.
   § 2911. CHANGE OF ADDRESS. A REGISTRANT OR LICENSEE UNDER THIS ARTICLE
 SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE SUPERINTEN-
 DENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
   §  2912. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING  WITH  THE
 PROVISIONS  OF  ARTICLES  TWENTY-ONE  AND FORTY-NINE OF THIS CHAPTER AND
 ARTICLES FORTY-FOUR AND FORTY-NINE AND SECTION TWO HUNDRED  EIGHTY-A  OF
 THE  PUBLIC HEALTH LAW, SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL
 SERVICES LAW, OR ANY OTHER PROVISION OF THIS CHAPTER  OR  THE  FINANCIAL
 SERVICES LAW.
   §  2913.  ASSESSMENTS. PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
 TION WITH THE DEPARTMENT OR ARE LICENSED  BY  THE  DEPARTMENT  SHALL  BE
 ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
 MENT  THAT  ARE  SOLELY ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT
 MANAGERS IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM  JUST  AND
 REASONABLE.

 S. 3762                            12
 
   §  3.  Subsection (b) of section 2402 of the insurance law, as amended
 by section 71 of part A of chapter 62 of the laws of 2011, is amended to
 read as follows:
   (b)  "Defined  violation"  means  the commission by a person of an act
 prohibited by: subsection (a) of section one thousand one  hundred  two,
 section  one  thousand  two  hundred  fourteen, one thousand two hundred
 seventeen, one thousand two hundred twenty, one thousand  three  hundred
 thirteen, subparagraph (B) of paragraph two of subsection (i) of section
 one thousand three hundred twenty-two, subparagraph (B) of paragraph two
 of subsection (i) of section one thousand three hundred twenty-four, two
 thousand  one hundred two, two thousand one hundred seventeen, two thou-
 sand one hundred twenty-two,  two  thousand  one  hundred  twenty-three,
 subsection  (p)  of section two thousand three hundred thirteen, section
 two thousand three hundred twenty-four, two thousand five  hundred  two,
 two  thousand  five  hundred  three, two thousand five hundred four, two
 thousand six hundred one, two thousand six hundred two, two thousand six
 hundred three, two thousand six hundred four, two thousand  six  hundred
 six,  two  thousand  seven hundred three, TWO THOUSAND NINE HUNDRED TWO,
 TWO THOUSAND NINE HUNDRED FIVE, three thousand one hundred  nine,  three
 thousand  two hundred twenty-four-a, three thousand four hundred twenty-
 nine, three thousand  four  hundred  thirty-three,  paragraph  seven  of
 subsection  (e)  of section three thousand four hundred twenty-six, four
 thousand two hundred twenty-four, four thousand two hundred twenty-five,
 four thousand two hundred twenty-six, seven thousand eight hundred nine,
 seven thousand eight hundred ten, seven thousand eight  hundred  eleven,
 seven  thousand  eight  hundred  thirteen,  seven thousand eight hundred
 fourteen and seven thousand eight hundred fifteen of  this  chapter;  or
 section  135.60,  135.65,  175.05,  175.45,  or  190.20,  or article one
 hundred five of the penal law.
   § 4. Severability.  If any provision of this act, or  any  application
 of  any  provision  of  this act, is held to be invalid, or ruled by any
 federal agency to violate or be inconsistent with any applicable federal
 law or regulation, that shall not affect the validity  or  effectiveness
 of  any  other provision of this act, or of any other application of any
 provision of this act.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 become  a  law  and  shall  apply to any contract for providing pharmacy
 benefit management made or renewed on  or  after  that  date.  Effective
 immediately,  the  superintendent  of financial services and the commis-
 sioner of health shall make regulations and take other  actions  reason-
 ably necessary to implement this act on that date.