Senate Bill S3346B

Signed By Governor
2015-2016 Legislative Session

Relates to establishing a pharmacy benefit manager contract appeals process

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2015-S3346 - Details

See Assembly Version of this Bill:
A676
Law Section:
Public Health Law
Laws Affected:
Add §280-a, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
S7025, A9264

2015-S3346 - Summary

Relates to establishing a pharmacy benefit manager contract appeals process.

2015-S3346 - Sponsor Memo

2015-S3346 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3346

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

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, in relation to  pharmacy  benefit
  managers

  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
280-a to read as follows:
  S  280-A.  PHARMACY  BENEFIT MANAGERS. 1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PHARMACY BENEFIT MANAGER" MEANS AN  ENTITY  THAT  CONTRACTS  WITH
PHARMACIES  OR  PHARMACY  CONTRACTING AGENTS ON BEHALF OF A HEALTH PLAN,
STATE AGENCY, INSURER, MANAGED CARE ORGANIZATION, OR OTHER  THIRD  PARTY
PAYOR TO PROVIDE PHARMACY HEALTH BENEFIT SERVICES OR ADMINISTRATION.
  (B)  "MAXIMUM  ALLOWABLE  COST  PRICE"  MEANS  A MAXIMUM REIMBURSEMENT
AMOUNT SET BY THE PHARMACY BENEFIT MANAGER  FOR  THERAPEUTICALLY  EQUIV-
ALENT MULTIPLE SOURCE GENERIC DRUGS.
  2. A PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS BETWEEN
A  PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY, A PHARMACY
BENEFIT MANAGER AND A PHARMACY'S CONTRACTING AGENT, SUCH AS  A  PHARMACY
SERVICES  ADMINISTRATIVE  ORGANIZATION,  INCLUDE A REASONABLE PROCESS TO
APPEAL, INVESTIGATE AND RESOLVE DISPUTES REGARDING MULTI-SOURCE  GENERIC
DRUG   PRICING.   THE   APPEALS  PROCESS  SHALL  INCLUDE  THE  FOLLOWING
PROVISIONS:
  (A) THE  RIGHT  TO  APPEAL  BY  THE  PHARMACY  AND/OR  THE  PHARMACY'S
CONTRACTING  AGENT SHALL BE LIMITED TO THIRTY DAYS FOLLOWING THE INITIAL
CLAIM SUBMITTED FOR PAYMENT;
  (B) A TELEPHONE NUMBER THROUGH WHICH A NETWORK  PHARMACY  MAY  CONTACT
THE  PHARMACY BENEFIT MANAGER FOR THE PURPOSE OF FILING AN APPEAL AND AN
ELECTRONIC MAIL ADDRESS OF THE INDIVIDUAL WHO IS RESPONSIBLE  FOR  PROC-
ESSING APPEALS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04032-02-5
              

co-Sponsors

2015-S3346A - Details

See Assembly Version of this Bill:
A676
Law Section:
Public Health Law
Laws Affected:
Add §280-a, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
S7025, A9264

2015-S3346A - Summary

Relates to establishing a pharmacy benefit manager contract appeals process.

2015-S3346A - Sponsor Memo

2015-S3346A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3346--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced by Sens. HANNON, ADDABBO, AVELLA, CROCI, DeFRANCISCO, ESPAIL-
  LAT,  GOLDEN,  GRIFFO,  KRUEGER,  LATIMER, MARCELLINO, RITCHIE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Health  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  pharmacy  benefit
  managers

  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
280-a to read as follows:
  S  280-A.  PHARMACY  BENEFIT MANAGERS. 1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PHARMACY BENEFIT MANAGER" MEANS AN  ENTITY  THAT  CONTRACTS  WITH
PHARMACIES  OR  PHARMACY  CONTRACTING AGENTS ON BEHALF OF A HEALTH PLAN,
STATE AGENCY, INSURER, MANAGED CARE ORGANIZATION, OR OTHER  THIRD  PARTY
PAYOR TO PROVIDE PHARMACY HEALTH BENEFIT SERVICES OR ADMINISTRATION.
  (B)  "MAXIMUM  ALLOWABLE  COST  PRICE"  MEANS  A MAXIMUM REIMBURSEMENT
AMOUNT SET BY THE PHARMACY BENEFIT MANAGER  FOR  THERAPEUTICALLY  EQUIV-
ALENT MULTIPLE SOURCE GENERIC DRUGS.
  2. A PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS BETWEEN
A  PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY, A PHARMACY
BENEFIT MANAGER AND A PHARMACY'S CONTRACTING AGENT, SUCH AS  A  PHARMACY
SERVICES  ADMINISTRATIVE  ORGANIZATION,  INCLUDE A REASONABLE PROCESS TO
APPEAL, INVESTIGATE AND RESOLVE DISPUTES REGARDING MULTI-SOURCE  GENERIC
DRUG   PRICING.   THE   APPEALS  PROCESS  SHALL  INCLUDE  THE  FOLLOWING
PROVISIONS:
  (A) THE  RIGHT  TO  APPEAL  BY  THE  PHARMACY  AND/OR  THE  PHARMACY'S
CONTRACTING  AGENT SHALL BE LIMITED TO THIRTY DAYS FOLLOWING THE INITIAL
CLAIM SUBMITTED FOR PAYMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04032-04-5

              

co-Sponsors

2015-S3346B (ACTIVE) - Details

See Assembly Version of this Bill:
A676
Law Section:
Public Health Law
Laws Affected:
Add §280-a, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
S7025, A9264

2015-S3346B (ACTIVE) - Summary

Relates to establishing a pharmacy benefit manager contract appeals process.

2015-S3346B (ACTIVE) - Sponsor Memo

2015-S3346B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3346--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by Sens. HANNON, ADDABBO, AVELLA, BRESLIN, CROCI, DeFRANCIS-
  CO, ESPAILLAT, GOLDEN, GRIFFO, KRUEGER, LATIMER, MARCELLINO,  MARTINS,
  O'MARA,  PARKER, RANZENHOFER, RITCHIE, STAVISKY, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Health -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to pharmacy benefit
  managers

  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
280-a to read as follows:
  S 280-A. PHARMACY BENEFIT MANAGERS. 1. DEFINITIONS. AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "PHARMACY  BENEFIT  MANAGER"  MEANS AN ENTITY THAT CONTRACTS WITH
PHARMACIES OR PHARMACY CONTRACTING AGENTS ON BEHALF OF  A  HEALTH  PLAN,
STATE  AGENCY,  INSURER, MANAGED CARE ORGANIZATION, OR OTHER THIRD PARTY
PAYOR TO PROVIDE PHARMACY HEALTH BENEFIT SERVICES OR ADMINISTRATION.
  (B) "MAXIMUM ALLOWABLE  COST  PRICE"  MEANS  A  MAXIMUM  REIMBURSEMENT
AMOUNT  SET  BY  THE PHARMACY BENEFIT MANAGER FOR THERAPEUTICALLY EQUIV-
ALENT MULTIPLE SOURCE GENERIC DRUGS.
  2. A PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS BETWEEN
A PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY, A  PHARMACY
BENEFIT  MANAGER  AND A PHARMACY'S CONTRACTING AGENT, SUCH AS A PHARMACY
SERVICES ADMINISTRATIVE ORGANIZATION, INCLUDE A  REASONABLE  PROCESS  TO
APPEAL,  INVESTIGATE AND RESOLVE DISPUTES REGARDING MULTI-SOURCE GENERIC
DRUG  PRICING.  THE  APPEALS  PROCESS  SHALL   INCLUDE   THE   FOLLOWING
PROVISIONS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04032-08-5
              

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