STATE OF NEW YORK
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4618
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Health
AN ACT to amend the elder law and the social services law, in relation
to payments for multiple source prescription drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 2 of paragraph (a) of subdivision 1 of
2 section 250 of the elder law, as amended by section 6-a of part A of
3 chapter 58 of the laws of 2008, is amended to read as follows:
4 (2) The upper limit, if any, set by the centers for medicare and medi-
5 caid services for such multiple source drug and the department of health
6 together with the pharmacy advisory committee shall determine the impact
7 of such upper limit payments for drugs implemented under the Deficit
8 Reduction Act of 2005 and shall report to the director of the division
9 of the budget, secretary of the senate finance committee and secretary
10 of the assembly ways and means committee on such impact and shall adjust
11 pharmacy dispensing fees for multiple source prescription drugs to
12 compensate for any reduction as a result of the upper limits implemented
13 under the Deficit Reduction Act of 2005 at such time that the new upper
14 limits are implemented, or
15 § 2. Subparagraph (i) of paragraph (b) of subdivision 9 of section
16 367-a of the social services law, as amended by section 10 of part C of
17 chapter 58 of the laws of 2008, is amended to read as follows:
18 (i) if the drug dispensed is a multiple source prescription drug for
19 which an upper limit has been set by the federal centers for medicare
20 and medicaid services, the lower of: (A) an amount equal to the specific
21 upper limit set by such federal agency for the multiple source
22 prescription drug; (B) the estimated acquisition cost of such drug to
23 pharmacies which, for purposes of this subparagraph, shall mean the
24 average wholesale price of a prescription drug based on the package size
25 dispensed from, as reported by the prescription drug pricing service
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08839-01-1
A. 4618 2
1 used by the department, less twenty-five percent thereof; (C) the maxi-
2 mum acquisition cost, if any, established pursuant to paragraph (e) of
3 this subdivision; or (D) the dispensing pharmacy's usual and customary
4 price charged to the general public, and the department of health
5 together with the pharmacy advisory committee shall determine the impact
6 of such upper limit payments for drugs implemented under the Deficit
7 Reduction Act of 2005 and shall report to the director of the division
8 of the budget, secretary of the senate finance committee and secretary
9 of the assembly ways and means committee on such impact and shall adjust
10 pharmacy dispensing fees for multiple source prescription drugs to
11 compensate for any reduction as a result of the upper limits implemented
12 under the Deficit Reduction Act of 2005 at such time that the new upper
13 limits are implemented, and
14 § 3. This act shall take effect immediately provided, however, that
15 the amendments to subdivision 9 of section 367-a of the social services
16 law, made by section two of this act, shall not affect the expiration
17 and reversion of such subdivision pursuant to section 4 of chapter 19 of
18 the laws of 1998, as amended, and shall be deemed to expire therewith.
