Prohibits pharmacy benefit managers from prohibiting pharmacies from disclosing to consumers the cost of prescription medication, the availability of alternative medications or alternative means of purchasing prescription medications; and prohibits pharmacy benefit managers from collecting copayments from consumers of prescription medications.
STATE OF NEW YORK
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6940
2017-2018 Regular Sessions
IN SENATE
November 13, 2017
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to prohibited activ-
ities by pharmacy benefit managers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 280-a of the public health law is amended by adding
2 two new subdivisions 3 and 4 to read as follows:
3 3. No pharmacy benefit manager shall, with respect to contracts
4 between such pharmacy benefit manager and a pharmacy or, alternatively,
5 such pharmacy benefit manager and a pharmacy's contracting agent, such
6 as a pharmacy services administrative organization:
7 (a) prohibit or penalize a pharmacist or pharmacy from disclosing to
8 an individual purchasing a prescription medication information regard-
9 ing:
10 (1) the cost of the prescription medication to the individual, or
11 (2) the availability of any therapeutically equivalent alternative
12 medications or alternative methods of purchasing the prescription medi-
13 cation, including but not limited to, paying a cash price; or
14 (b) charge or collect from an individual a copayment that exceeds the
15 total submitted charges by the pharmacy for which the pharmacy is paid.
16 If an individual pays a copayment, the pharmacy shall retain the adjudi-
17 cated costs and the pharmacy benefit manager shall not redact or recoup
18 the adjudicated cost.
19 4. Any provision of a contract that violates the provisions of this
20 section shall be deemed to be void and unenforceable.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13755-01-7
