Assembly Bill A10985

2017-2018 Legislative Session

Provides for pharmacy benefit management and the procurement of prescription drugs at a negotiated rate for dispensation; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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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2017-A10985 (ACTIVE) - Details

See Senate Version of this Bill:
S8934
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Rpld & add §280-a, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A2836, S2087

2017-A10985 (ACTIVE) - Summary

Provides for pharmacy benefit management and the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits; sets forth definitions; provides for funds received by a pharmacy in trust for the health plan or provider and provides for accountability of such funds; further provides for an appeals process to investigate and resolve disputes regarding multi-source generic drug pricing.

2017-A10985 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10985
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to  pharmacy  benefit
   managers; and to repeal certain provisions of such law relating there-
   to
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 280-a of the public health law is  REPEALED  and  a
 new section 280-a is added to read as follows:
   §  280-A.  PHARMACY BENEFIT MANAGERS. 1. DEFINITIONS.  AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH PLAN OR PROVIDER" MEANS AN ENTITY  FOR  WHICH  A  PHARMACY
 BENEFIT  MANAGER PROVIDES PHARMACY BENEFIT MANAGEMENT INCLUDING, BUT NOT
 LIMITED TO: (I) A HEALTH BENEFIT PLAN OR  OTHER  ENTITY  THAT  APPROVES,
 PROVIDES, ARRANGES FOR, OR PAYS FOR HEALTH CARE ITEMS OR SERVICES, UNDER
 WHICH  PRESCRIPTION  DRUGS FOR BENEFICIARIES OF THE ENTITY ARE PURCHASED
 OR WHICH PROVIDES OR ARRANGES REIMBURSEMENT IN WHOLE OR IN PART FOR  THE
 PURCHASE  OF  PRESCRIPTION  DRUGS;  OR  (II)  A  HEALTH CARE PROVIDER OR
 PROFESSIONAL,  INCLUDING  A  STATE  OR  LOCAL  GOVERNMENT  ENTITY,  THAT
 ACQUIRES  PRESCRIPTION DRUGS TO USE OR DISPENSE IN PROVIDING HEALTH CARE
 TO PATIENTS.
   (B) "PHARMACY BENEFIT MANAGEMENT" MEANS  THE  SERVICE  PROVIDED  TO  A
 HEALTH PLAN OR PROVIDER, DIRECTLY OR THROUGH ANOTHER ENTITY, AND REGARD-
 LESS  OF  WHETHER  THE  PHARMACY  BENEFIT MANAGER AND THE HEALTH PLAN OR
 PROVIDER ARE RELATED, OR  ASSOCIATED  BY  OWNERSHIP,  COMMON  OWNERSHIP,
 ORGANIZATION  OR  OTHERWISE;  INCLUDING  THE PROCUREMENT OF PRESCRIPTION
 DRUGS TO BE DISPENSED TO PATIENTS, OR THE ADMINISTRATION  OR  MANAGEMENT
 OF  PRESCRIPTION DRUG BENEFITS, INCLUDING BUT NOT LIMITED TO, ANY OF THE
 FOLLOWING:
   (I) MAIL SERVICE PHARMACY;
   (II) CLAIMS PROCESSING,  RETAIL  NETWORK  MANAGEMENT,  OR  PAYMENT  OF
 CLAIMS TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
   (III)  CLINICAL  OR OTHER FORMULARY OR PREFERRED DRUG LIST DEVELOPMENT
 OR MANAGEMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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