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A08046 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8046--A
 
                               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 -- recommitted to the Committee on Health in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11772-05-8

        A. 8046--A                          2
 
     1    §  2.  Section  6810  of  the education law is amended by adding a new
     2  subdivision 10-b to read as follows:
     3    10-b.  A  pharmacy  shall,  at  the  time a prescription is dispensed,
     4  provide the retail price of the prescription in writing or transmit such
     5  in an electronic format, including, but not limited  to  SMS  or  e-mail
     6  directly  to  the  patient or the person making the request on behalf of
     7  the patient in accordance with section two  hundred  seventy-eight-a  of
     8  the public health law.
     9    §  3.  This  act shall take effect on the ninetieth day after it shall
    10  have become law; provided,  however,  that  effective  immediately,  the
    11  addition,  amendment  and/or  repeal of any rule or regulation necessary
    12  for the implementation of this act on its effective date are  authorized
    13  and directed to be made and completed on or before such effective date.
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