Senate Bill S8992

2023-2024 Legislative Session

Relates to establishing the "340B prescription drug anti-discrimination act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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2023-S8992 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

2023-S8992 (ACTIVE) - Summary

Relates to establishing the "340B prescription drug anti-discrimination act"; prohibits pharmaceutical manufacturers and pharmacy benefit managers from discriminating against covered entities and New York state pharmacies based on participation in the drug discount program authorized by section 340B of the federal public health service act.

2023-S8992 (ACTIVE) - Sponsor Memo

2023-S8992 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8992
 
                             I N  S E N A T E
 
                               April 8, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  the
   340B prescription drug anti-discrimination act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "340B prescription drug anti-discrimination act".
   § 2. The public health law is amended by adding a new section 280-d to
 read as follows:
   § 280-D. PRESCRIPTION DRUG DISCRIMINATION PROHIBITED.  1. DEFINITIONS.
 (A)  "340B  PROGRAM"  SHALL MEAN THE DRUG DISCOUNT PROGRAM AUTHORIZED BY
 SECTION 340B OF THE FEDERAL PUBLIC  HEALTH  SERVICE  ACT  (42  U.S.C.  §
 256B).
   (B)  "COVERED  ENTITY"  SHALL HAVE THE SAME MEANING AS IS SET FORTH IN
 SECTION 340B(A)(4) OF THE FEDERAL PUBLIC HEALTH SERVICE ACT (42 U.S.C. §
 256B).
   (C) "CONTRACT PHARMACY" SHALL INCLUDE NEW YORK STATE  PHARMACIES  THAT
 RECEIVE  DRUGS  PURCHASED  UNDER  A CONTRACT PHARMACY ARRANGEMENT WITH A
 COVERED ENTITY.
   (D) "DISPENSING" SHALL INCLUDE A PHARMACY'S ENTIRE DISTRIBUTION  PROC-
 ESS,  INCLUDING,  BUT NOT LIMITED TO, THE ORDERING, PURCHASING, DELIVER-
 ING, RECEIPT, AND SALE OF DRUGS.
   (E) "PHARMACY" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN  SECTION
 SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW.
   2.  PROHIBITION OF DISCRIMINATORY PRACTICE. NO PHARMACEUTICAL MANUFAC-
 TURER, PHARMACY BENEFIT MANAGER, WHOLESALER,  OUTSOURCING  FACILITY,  OR
 THIRD-PARTY LOGISTICS PROVIDER SHALL:
   (A)  DENY,  PROHIBIT,  CONDITION, OR OTHERWISE LIMIT THE DISPENSING OF
 DRUGS FROM A COVERED ENTITY OR CONTRACT PHARMACY, OTHER THAN SUCH  LIMI-
 TATIONS  EXPLICITLY  IDENTIFIED  OR  EXPLICITLY  AUTHORIZED EITHER UNDER
 SECTION 340B OF THE FEDERAL PUBLIC  HEALTH  SERVICE  ACT  (42  U.S.C.  §
 256B), OR ANY REGULATIONS PROMULGATED PURSUANT TO SUCH STATUTE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11664-03-4
              

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