Senate Bill S9040

Signed By Governor
2023-2024 Legislative Session

Relates to prohibited practices of pharmacy benefit managers

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Sponsored By

Current Bill Status - 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

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2023-S9040 (ACTIVE) - Details

See Assembly Version of this Bill:
A9764
Law Section:
Public Health Law
Laws Affected:
Amd §280-a, Pub Health L

2023-S9040 (ACTIVE) - Summary

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

2023-S9040 (ACTIVE) - Sponsor Memo

2023-S9040 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9040
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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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