The New York State Senate

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

                                 8046--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2017
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Health -- recommitted to the Committee on Health in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the education law, in relation
  to transparency in retail prices of 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:
  § 278-A. PRESCRIPTION DRUG PRICE TRANSPARENCY.  1.  AS  USED  IN  THIS
SECTION,  "RETAIL PRICE" SHALL MEAN THE PRICE AT WHICH A PARTICULAR DRUG
IS SOLD NOTWITHSTANDING THE COST AN INDIVIDUAL WOULD PAY  AFTER  PHARMA-
CEUTICAL INSURANCE PRICING IS CALCULATED.
  2.   EVERY   RECIPIENT   OF   A  PHARMACEUTICAL  PRODUCT  PURSUANT  TO
PRESCRIPTION VIA  MAIL  ORDER  OR  OTHER  CONVENTIONAL  MEANS  SHALL  BE
PROVIDED  WITH THE RETAIL PRICE OF HIS OR HER PRESCRIPTION IN WRITING OR
TRANSMITTED SUCH IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED  TO
SMS OR E-MAIL PRIOR TO BEING CHARGED FOR SUCH PRESCRIPTION.
  3.  A  PHARMACY THAT RECEIVES AN ELECTRONIC PRESCRIPTION SHALL, AT THE
TIME THE PRESCRIPTION IS DISPENSED, PROVIDE  THE  RETAIL  PRICE  OF  THE
PRESCRIPTION  IN  WRITING  OR  TRANSMIT  SUCH  IN  AN ELECTRONIC FORMAT,
INCLUDING, BUT NOT LIMITED TO SMS OR E-MAIL DIRECTLY TO THE  PATIENT  OR
THE PERSON MAKING THE REQUEST ON BEHALF OF THE PATIENT.
  4.  THE  PRICE  TRANSPARENCY  REQUIRED  PURSUANT TO THIS SECTION SHALL
APPLY TO ALL NEW PRESCRIPTIONS WRITTEN AFTER THE EFFECTIVE DATE OF  THIS
SECTION;  PROVIDED,  HOWEVER,  THAT  ANY  INDIVIDUAL WHO REQUESTS RETAIL
PRICE INFORMATION ABOUT A PRESCRIPTION  ORIGINALLY  WRITTEN  BEFORE  THE
ENACTMENT  OF  THIS  SECTION  SHALL BE PROVIDED WITH SUCH INFORMATION IN
WRITTEN OR ELECTRONIC FORM AS  DESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
SECTION.

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

                                                           LBD11772-05-8

A. 8046--A                          2

  §  2.  Section  6810  of  the education law is amended by adding a new
subdivision 10-b to read as follows:
  10-B.  A  PHARMACY  SHALL,  AT  THE  TIME A PRESCRIPTION IS DISPENSED,
PROVIDE THE RETAIL PRICE OF THE PRESCRIPTION IN WRITING OR TRANSMIT SUCH
IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED  TO  SMS  OR  E-MAIL
DIRECTLY  TO  THE  PATIENT OR THE PERSON MAKING THE REQUEST ON BEHALF OF
THE PATIENT IN ACCORDANCE WITH SECTION TWO  HUNDRED  SEVENTY-EIGHT-A  OF
THE PUBLIC HEALTH LAW.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become law; provided,  however,  that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.