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A08046 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8046
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2017
                                       ___________
 
        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 shall be provided with the  retail  price  of  his  or  her
     9  prescription  in  writing  and  transmit  such  in an electronic format,
    10  including, but not limited to SMS or e-mail prior to being  charged  for
    11  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  and  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 and 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.
                                                                   LBD11772-04-7

        A. 8046                             2
 
     1    10-b. A pharmacy shall, at  the  time  a  prescription  is  dispensed,
     2  provide  the  retail  price  of the prescription in writing and transmit
     3  such in an electronic format, including,  but  not  limited  to  SMS  or
     4  e-mail  directly  to  the  patient  or  the person making the request on
     5  behalf  of  the  patient in accordance with section two hundred seventy-
     6  eight-a of the public health law.
     7    § 3. This act shall take effect immediately; provided,  however,  that
     8  effective immediately, the addition, amendment and/or repeal of any rule
     9  or regulation necessary for the implementation of this act on its effec-
    10  tive  date  are  authorized  and directed to be made and completed on or
    11  before such effective date.
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