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A09184 Summary:

BILL NOA09184A
 
SAME ASSAME AS S09191-A
 
SPONSORJacobson
 
COSPNSRKay, Schiavoni, Reyes, Santabarbara, Eachus, Dinowitz, Moreno, Conrad
 
MLTSPNSR
 
Add 5-338, Gen Ob L
 
Provides limitations on overlapping control between insurance companies and pharmacy benefits managers and pharmacies; requires divestment of the interest in one or more insurance companies and pharmacy benefits managers; prohibits insurance companies, pharmacies, and pharmacy benefit managers found in violation of such provisions from receiving payment from certain state programs.
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A09184 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9184--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 17, 2025
                                       ___________
 
        Introduced  by  M.  of A. JACOBSON, KAY, SCHIAVONI, REYES, SANTABARBARA,
          EACHUS, DINOWITZ, MORENO, CONRAD -- read  once  and  referred  to  the
          Committee  on Insurance -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the general obligations law, in  relation  to  providing
          limitations  on  overlapping  control  between insurance companies and
          pharmacy benefits managers and pharmacies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 5-338 to read as follows:
     3    § 5-338. Conflicting pharmacy ownership. 1. As used in this section:
     4    (a) "Pharmacy" has the  meaning  set  forth  in  section  thirty-three
     5  hundred two of the public health law.
     6    (b)  "Pharmacy benefit manager" means a third-party administrator that
     7  manages prescription drug programs for health plans,  negotiating  costs
     8  and ensuring access to medications.
     9    (c)  "Indirect  control"  means  any agreement, arrangement, contract,
    10  ownership stake, or other relationship that gives an owner  or  operator
    11  of  a  pharmacy the ability to influence or direct the operations of any
    12  insurance company or pharmacy benefits manager in the state.
    13    2. It shall be unlawful for any person or entity to directly or  indi-
    14  rectly  own,  operate,  control, or direct the operation of the whole or
    15  any part of an insurance  company  and/or  a  pharmacy  benefit  manager
    16  and/or a pharmacy or any combination thereof.
    17    3.  Not  later  than  three  years  after  the  effective date of this
    18  section, any person or entity in violation of subdivision  two  of  this
    19  section shall divest from such pharmacy, insurance company, and/or phar-
    20  macy benefit manager.
    21    4. The attorney general may bring a civil action against any person or
    22  entity that violates this section and may recover the following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13807-06-6

        A. 9184--A                          2
 
     1    (a) a civil penalty of ten thousand dollars per day for a violation of
     2  this section; and
     3    (b) costs and reasonable attorneys' fees.
     4    5.  An  insurance company, pharmacy, or pharmacy benefit manager found
     5  in violation of this section by the attorney general shall be ineligible
     6  to receive payment under any program authorized pursuant to article five
     7  of the social services law until such violation is  deemed  resolved  by
     8  the attorney general.
     9    § 2. This act shall take effect immediately.
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