STATE OF NEW YORK
________________________________________________________________________
4028
2023-2024 Regular Sessions
IN SENATE
February 2, 2023
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to determining the
amount paid to a pharmacy for certain high cost drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 9 of section 367-a of the
2 social services law is amended by adding a new subparagraph (iv) to read
3 as follows:
4 (iv) notwithstanding subparagraphs (i) and (ii) of this paragraph and
5 paragraph (e) of this subdivision, if the drug dispensed is a high cost
6 drug and has a national average drug acquisition cost set by the federal
7 center for medicare and medicaid services in excess of six hundred
8 seventy dollars, the actual amount paid to the pharmacy, plus the
9 reasonable administrative costs as determined by the commissioner of
10 health, shall be no more than two and one-half percent of the total cost
11 of such drug, together with any dispensing fee authorized under para-
12 graph (d) of this subdivision.
13 § 2. This act shall take effect immediately; provided, however, that
14 the amendments to subdivision 9 of section 367-a of the social services
15 law made by section one of this act shall not affect the expiration of
16 such subdivision and shall be deemed to expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05752-01-3
