|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 06, 2018||referred to rules|
senate Bill S8934
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8934 (ACTIVE) - Details
S8934 (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.
S8934 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8934 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to pharmacy benefit managers; and to repeal certain provisions of such law relating thereto PURPOSE OR GENERAL IDEA OF BILL: This bill requires licensure for pharmacy benefit managers (PBMs) and specifies their duties and obligations as service providers. SUMMARY OF SPECIFIC PROVISIONS: The bill amends Public Health Law § 280-a to provide that PBMs have a fiduciary relationship with health plan or health care provider clients, require that funds they receive belong to the client except for fees for services specifically provided for by contract, require full disclosure to clients, and bars the substitution of prescribed drugs (subdivisions 1-3).
S8934 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8934 I N S E N A T E June 6, 2018 ___________ Introduced by Sen. RIVERA -- 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 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 Section 280-a of the public health law is REPEALED and a new section 280-a is added to read as follows: § 280-A. PHARMACY BENEFIT MANAGERS. 1.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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