Assembly Bill A9764

Signed By Governor
2023-2024 Legislative Session

Relates to prohibited practices of pharmacy benefit managers

download bill text pdf

Sponsored By

Current Bill Status Via S9040 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.