S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3494
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to transparency in retail prices of 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. PRESCRIPTION DRUG PRICE TRANSPARENCY.  1.  AS  USED  IN  THIS
 SECTION,  "RETAIL PRICE" SHALL MEAN THE PRICE AT WHICH A PARTICULAR DRUG
 IS SOLD NOTWITHSTANDING THE COST AN INDIVIDUAL WOULD PAY  AFTER  PHARMA-
 CEUTICAL INSURANCE PRICING IS CALCULATED.
   2.   EVERY   RECIPIENT   OF   A  PHARMACEUTICAL  PRODUCT  PURSUANT  TO
 PRESCRIPTION VIA  MAIL  ORDER  OR  OTHER  CONVENTIONAL  MEANS  SHALL  BE
 PROVIDED  WITH THE RETAIL PRICE OF HIS OR HER PRESCRIPTION IN WRITING OR
 TRANSMITTED SUCH IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED  TO
 SMS OR E-MAIL PRIOR TO BEING CHARGED FOR SUCH PRESCRIPTION.
   3.  A  PHARMACY THAT RECEIVES AN ELECTRONIC PRESCRIPTION SHALL, AT THE
 TIME THE PRESCRIPTION IS DISPENSED, PROVIDE  THE  RETAIL  PRICE  OF  THE
 PRESCRIPTION  IN  WRITING  OR  TRANSMIT  SUCH  IN  AN ELECTRONIC FORMAT,
 INCLUDING, BUT NOT LIMITED TO SMS OR E-MAIL DIRECTLY TO THE  PATIENT  OR
 THE PERSON MAKING THE REQUEST ON BEHALF OF THE PATIENT.
   4.  THE  PRICE  TRANSPARENCY  REQUIRED  PURSUANT TO THIS SECTION SHALL
 APPLY TO ALL NEW PRESCRIPTIONS WRITTEN AFTER THE EFFECTIVE DATE OF  THIS
 SECTION;  PROVIDED,  HOWEVER,  THAT  ANY  INDIVIDUAL WHO REQUESTS RETAIL
 PRICE INFORMATION ABOUT A PRESCRIPTION  ORIGINALLY  WRITTEN  BEFORE  THE
 ENACTMENT  OF  THIS  SECTION  SHALL BE PROVIDED WITH SUCH INFORMATION IN
 WRITTEN OR ELECTRONIC FORM AS  DESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION.
   §  2.  Section  6810  of  the education law is amended by adding a new
 subdivision 10-b to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08311-01-3
              

 A. 3494                             2
 
   10-B. A PHARMACY SHALL, AT  THE  TIME  A  PRESCRIPTION  IS  DISPENSED,
 PROVIDE THE RETAIL PRICE OF THE PRESCRIPTION IN WRITING OR TRANSMIT SUCH
 IN  AN  ELECTRONIC  FORMAT,  INCLUDING, BUT NOT LIMITED TO SMS OR E-MAIL
 DIRECTLY TO THE PATIENT OR THE PERSON MAKING THE REQUEST  ON  BEHALF  OF
 THE  PATIENT  IN  ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-EIGHT-A OF
 THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become law.  Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.