Requires pharmacies to provide customers directly with the retail (before insurance) price of a prescription, in writing and electronically prior to purchase.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3494
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to transparency in retail prices of prescription drugs
 
PURPOSE OR GENERAL IDEA OF BILL:
To make drug prices more transparent for consumers.
 
SUMMARY OF SPECIFIC PROVISIONS:
§ 1. 278-a. Prescription drug price transparency. As used in this
section, "retail price" shall mean the price al: which a particular drug
is sold notwithstanding the cost an individual would pay after pharma-
ceutical insurance pricing is calculated.
§ 2. Section 6810 of the education law is amended by adding a new subdi-
vision 10-b to read as follows: 10-b. A pharmacy shall, at the time a
prescription is dispensed, provide the retail price of the prescription
writing and transmit such in an electronic format, including, but not•
limited to SMS or e-mail directly to the patient or the person making
the request on behalf of the patient in accordance with section two
hundred seventy-eight-a of the public health law.
§ 3. Effective Date
 
JUSTIFICATION:
Disclosure of the price at or before the time of purchase will provide
transparency in retail drug pricing, and to ensure a fair price to
consumers.
 
LEGISLATIVE HISTORY:
2022 01/05/22 A2340 referred to health
2019-2020 A6056 referred to health
01/03/18 referred to health
01/24/18 amend and recommit to health
01/24/18 print number 8046a
A8046A 05/25/17 referred to health
 
FISCAL IMPLICATION:
None to the state
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary.
STATE OF NEW YORK
________________________________________________________________________
3494
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the education law, in relation
to transparency in retail prices of prescription drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 278-a to read as follows:
3 § 278-a. Prescription drug price transparency. 1. As used in this
4 section, "retail price" shall mean the price at which a particular drug
5 is sold notwithstanding the cost an individual would pay after pharma-
6 ceutical insurance pricing is calculated.
7 2. Every recipient of a pharmaceutical product pursuant to
8 prescription via mail order or other conventional means shall be
9 provided with the retail price of his or her prescription in writing or
10 transmitted such in an electronic format, including, but not limited to
11 SMS or e-mail prior to being charged for such prescription.
12 3. A pharmacy that receives an electronic prescription shall, at the
13 time the prescription is dispensed, provide the retail price of the
14 prescription in writing or transmit such in an electronic format,
15 including, but not limited to SMS or e-mail directly to the patient or
16 the person making the request on behalf of the patient.
17 4. The price transparency required pursuant to this section shall
18 apply to all new prescriptions written after the effective date of this
19 section; provided, however, that any individual who requests retail
20 price information about a prescription originally written before the
21 enactment of this section shall be provided with such information in
22 written or electronic form as described in subdivision two of this
23 section.
24 § 2. Section 6810 of the education law is amended by adding a new
25 subdivision 10-b to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08311-01-3
A. 3494 2
1 10-b. A pharmacy shall, at the time a prescription is dispensed,
2 provide the retail price of the prescription in writing or transmit such
3 in an electronic format, including, but not limited to SMS or e-mail
4 directly to the patient or the person making the request on behalf of
5 the patient in accordance with section two hundred seventy-eight-a of
6 the public health law.
7 § 3. This act shall take effect on the ninetieth day after it shall
8 have become law. Effective immediately, the addition, amendment and/or
9 repeal of any rule or regulation necessary for the implementation of
10 this act on its effective date are authorized to be made and completed
11 on or before such effective date.