S T A T E O F N E W Y O R K
________________________________________________________________________
5722
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, CAHILL, JAFFEE, MILLMAN, PHEFFER,
SCHROEDER, ROSENTHAL, DINOWITZ, GABRYSZAK, BENEDETTO, EDDINGTON,
STIRPE, DelMONTE, PERRY, GUNTHER, ROBINSON, COLTON, GALEF, JOHN,
V. LOPEZ, CARROZZA, MAISEL -- Multi-Sponsored by -- M. of A. ABBATE,
BOYLAND, BRENNAN, CHRISTENSEN, COOK, DESTITO, HYER-SPENCER, JACOBS,
KOON, McENENY, PEOPLES, SWEENEY, TOWNS, WEISENBERG -- 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:
Section 1. Subparagraph 2 of paragraph (a) of subdivision 1 of
section 250 of the elder law, as amended by section 6-a of part A of
chapter 58 of the laws of 2008, is amended to read as follows:
(2) The upper limit, if any, set by the centers for medicare and medi-
caid services for such multiple source drug AND THE DEPARTMENT OF HEALTH
TOGETHER WITH THE PHARMACY ADVISORY COMMITTEE SHALL DETERMINE THE IMPACT
OF SUCH UPPER LIMIT PAYMENTS FOR DRUGS IMPLEMENTED UNDER THE DEFICIT
REDUCTION ACT OF 2005 AND SHALL REPORT TO THE DIRECTOR OF THE DIVISION
OF THE BUDGET, SECRETARY OF THE SENATE FINANCE COMMITTEE AND SECRETARY
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH IMPACT AND SHALL ADJUST
PHARMACY DISPENSING FEES FOR MULTIPLE SOURCE PRESCRIPTION DRUGS TO
COMPENSATE FOR ANY REDUCTION AS A RESULT OF THE UPPER LIMITS IMPLEMENTED
UNDER THE DEFICIT REDUCTION ACT OF 2005 AT SUCH TIME THAT THE NEW UPPER
LIMITS ARE IMPLEMENTED, or
S 2. Subparagraph (i) of paragraph (b) of subdivision 9 of section
367-a of the social services law, as amended by section 10 of part C of
chapter 58 of the laws of 2008, is amended to read as follows:
(i) if the drug dispensed is a multiple source prescription drug for
which an upper limit has been set by the federal centers for medicare
and medicaid services, the lower of: (A) an amount equal to the specific
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08723-01-9
A. 5722 2
upper limit set by such federal agency for the multiple source
prescription drug; (B) the estimated acquisition cost of such drug to
pharmacies which, for purposes of this subparagraph, shall mean the
average wholesale price of a prescription drug based on the package size
dispensed from, as reported by the prescription drug pricing service
used by the department, less twenty-five percent thereof; (C) the maxi-
mum acquisition cost, if any, established pursuant to paragraph (e) of
this subdivision; or (D) the dispensing pharmacy's usual and customary
price charged to the general public, and THE DEPARTMENT OF HEALTH
TOGETHER WITH THE PHARMACY ADVISORY COMMITTEE SHALL DETERMINE THE IMPACT
OF SUCH UPPER LIMIT PAYMENTS FOR DRUGS IMPLEMENTED UNDER THE DEFICIT
REDUCTION ACT OF 2005 AND SHALL REPORT TO THE DIRECTOR OF THE DIVISION
OF THE BUDGET, SECRETARY OF THE SENATE FINANCE COMMITTEE AND SECRETARY
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH IMPACT AND SHALL ADJUST
PHARMACY DISPENSING FEES FOR MULTIPLE SOURCE PRESCRIPTION DRUGS TO
COMPENSATE FOR ANY REDUCTION AS A RESULT OF THE UPPER LIMITS IMPLEMENTED
UNDER THE DEFICIT REDUCTION ACT OF 2005 AT SUCH TIME THAT THE NEW UPPER
LIMITS ARE IMPLEMENTED, AND
S 3. This act shall take effect immediately provided, however, that
the amendments to subdivision 9 of section 367-a of the social services
law, made by section two of this act, shall not affect the expiration
and reversion of such subdivision pursuant to section 4 of chapter 19 of
the laws of 1998, as amended, and shall be deemed to expire therewith.