Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 07, 2024 |
reported and committed to finance |
Apr 08, 2024 |
referred to health |
Senate Bill S8992
2023-2024 Legislative Session
Sponsored By
(D, WF) 33rd Senate District
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
Actions
Votes
co-Sponsors
(D) 34th Senate District
(D, WF) 31st Senate District
(D, WF) 28th Senate District
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
BILL NUMBER: S8992 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to establishing the 340B prescription drug anti-discrimination act SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides the short title for this act to be known as the "340B prescription drug antidiscrimination act." Section 2 amends Public Health Law to prohibit a pharmaceutical manufac- turer, pharmacy benefit manager, wholesaler, outsourcing facility, or third-party logistics provider from inserting additional requirements or burdens, or from restricting the utilization of contract pharmacies by covered entities under the 340B program. It provides the Commissioner of Health (COH) with the enforcement authority to impose civil monetary penalties on any entity found in violation, and directs the COH to refer any matters in which a civil monetary penalty is imposed to the State Education Department and the Office of the Attorney General for review.
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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