Assembly Bill A9764

2023-2024 Legislative Session

Relates to prohibited practices of pharmacy benefit managers

download bill text pdf

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Current Bill Status Via S9040 - Passed Assembly

  • 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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2023-A9764 (ACTIVE) - Details

See Senate Version of this Bill:
S9040
Law Section:
Public Health Law
Laws Affected:
Amd §280-a, Pub Health L

2023-A9764 (ACTIVE) - Summary

Prohibits pharmacy benefit managers from penalizing pharmacies for providing customers certain information relating to the costs of prescription medications and services.

2023-A9764 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9764
 
                           I N  A S S E M B L Y
 
                               April 4, 2024
                                ___________
 
 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 prohibiting  phar-
   macy benefit managers from penalizing pharmacies for providing custom-
   ers  certain information relating to the costs of prescription medica-
   tions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 5 of section 280-a of the public health law,
 as amended by chapter 128 of the laws of 2022, is  amended  to  read  as
 follows:
   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 OR SERVICE informa-
 tion regarding:
   (i) the cost of the prescription medication OR SERVICE to the individ-
 ual, OR THE COST OF THE PRESCRIPTION MEDICATION OR SERVICE TO THE  PHAR-
 MACY  AND  THE PHARMACY'S REIMBURSEMENT FOR THAT PRESCRIPTION MEDICATION
 OR SERVICE; 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; 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14486-03-4

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