Assembly Actions -
Senate Actions - UPPERCASE
|Mar 16, 2016||
referred to health
Senate Bill S7022
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S7022 (ACTIVE) - Details
2015-S7022 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7022 TITLE OF BILL : An act to amend the public health law and the general business law, in relation to price gouging on prescription drugs PURPOSE : To prevent excessive, unjustifiable price increases in prescription medications. SUMMARY OF PROVISIONS : Section one adds a new Public Health Law § 278-a which would require any manufacturer of a brand or generic drug to notify the Commissioner of Health and the Drug Utilization Review Board (DURB) if they institute a wholesale acquisition cost increase of 100% or more within a 12 month period. Such notice must be provided not less than 30 days prior to instituting the increase and shall be provided on a form provided by the Commissioner and DURB. The Commissioner is authorized to require prior authorization effective as of the date of the price increase, until such time as a determination is made by the DURB as to whether the price increase was excessive. Should the DURB find that the price increase was excessive, they shall continue to require prior authorization, and may refer the matter to the Attorney General. In
2015-S7022 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7022 I N S E N A T E March 16, 2016 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the general business law, in relation to price gouging on prescription drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 278-a to read as follows: S 278-A. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION DRUGS: 1. IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, OF A BRAND OR GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI- SITION COST (WAC) OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD: (A) THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI- TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED ON THE FORM ESTAB- LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND (B) THE COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE DRUG EFFECTIVE AS OF THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD. 2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION REVIEW BOARD, SHALL PRODUCE AND MAKE AVAILABLE TO MANUFACTURERS A PRICE INCREASE NOTIFICATION FORM THAT SHALL ELICIT: (A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING MEASURE. FOR THE PURPOSES OF THIS SECTION WHOLESALE ACQUISITION COST (WAC) SHALL INCLUDE THE PRICES FOR EACH DOSAGE, SIZE OR CONCENTRATION OF THE DRUG OFFERED OR SOLD BY THE MANUFACTURER; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14707-01-6
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