Assembly Bill A6222

2025-2026 Legislative Session

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

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Current Bill Status - In Assembly 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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2025-A6222 (ACTIVE) - Details

See Senate Version of this Bill:
S1913
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A7789, S8992

2025-A6222 (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.

2025-A6222 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6222
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  SIMONE, ROSENTHAL, SIMPSON, TAYLOR,
   SIMON,  GONZALEZ-ROJAS,  SHIMSKY,  SANTABARBARA,  LUNSFORD,  LEMONDES,
   ZACCARO -- read once and referred 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, OUTSOURCING FACILITY, OR THIRD-PARTY
 LOGISTICS PROVIDER SHALL DIRECTLY OR INDIRECTLY:
   (A) DENY, PROHIBIT, CONDITION, OR OTHERWISE LIMIT  THE  DISPENSING  OF
 DRUGS  FROM A COVERED ENTITY OR CONTRACT PHARMACY, OTHER THAN SUCH LIMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03887-02-5
              

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