senate Bill S6940

2017-2018 Legislative Session

Prohibits pharmacy benefit managers from restricting access to certain drug information and collecting certain payments

download bill text pdf

Sponsored By

Current Bill Status Via - Delivered to Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2018 delivered to governor
Mar 06, 2018 returned to assembly
passed senate
3rd reading cal.376
substituted for s6940
Mar 06, 2018 substituted by a8781
Feb 13, 2018 advanced to third reading
Feb 12, 2018 2nd report cal.
Feb 06, 2018 1st report cal.376
Jan 03, 2018 referred to health
Nov 13, 2017 referred to rules

Co-Sponsors

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S6940 - Details

See Assembly Version of this Bill:
A8781
Law Section:
Public Health Law
Laws Affected:
Amd §280-a, Pub Health L

S6940 - Summary

Prohibits pharmacy benefit managers from prohibiting pharmacies from disclosing to consumers the cost of prescription medication, the availability of alternative medications or alternative means of purchasing prescription medications; and prohibits pharmacy benefit managers from collecting copayments from consumers of prescription medications.

S6940 - Sponsor Memo

S6940 - Bill Text download pdf


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

                                  6940

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            November 13, 2017
                               ___________

Introduced  by  Sen.  HANNON -- 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 prohibited  activ-
  ities by pharmacy benefit managers

  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 amended by adding
two new subdivisions 3 and 4 to read as follows:
  3. NO PHARMACY  BENEFIT  MANAGER  SHALL,  WITH  RESPECT  TO  CONTRACTS
BETWEEN  SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY,
SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY'S CONTRACTING  AGENT,  SUCH
AS A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION:
  (A)  PROHIBIT  OR PENALIZE A PHARMACIST OR PHARMACY FROM DISCLOSING TO
AN INDIVIDUAL PURCHASING A PRESCRIPTION MEDICATION  INFORMATION  REGARD-
ING:
  (1) THE COST OF THE PRESCRIPTION MEDICATION TO THE INDIVIDUAL, OR
  (2)  THE  AVAILABILITY  OF  ANY THERAPEUTICALLY EQUIVALENT ALTERNATIVE
MEDICATIONS OR ALTERNATIVE METHODS OF PURCHASING THE PRESCRIPTION  MEDI-
CATION, INCLUDING BUT NOT LIMITED TO, PAYING A CASH PRICE; OR
  (B)  CHARGE OR COLLECT FROM AN INDIVIDUAL A COPAYMENT THAT EXCEEDS THE
TOTAL SUBMITTED CHARGES BY THE PHARMACY FOR WHICH THE PHARMACY IS  PAID.
IF AN INDIVIDUAL PAYS A COPAYMENT, THE PHARMACY SHALL RETAIN THE ADJUDI-
CATED  COSTS AND THE PHARMACY BENEFIT MANAGER SHALL NOT REDACT OR RECOUP
THE ADJUDICATED COST.
  4. ANY PROVISION OF A CONTRACT THAT VIOLATES THE  PROVISIONS  OF  THIS
SECTION SHALL BE DEEMED TO BE VOID AND UNENFORCEABLE.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13755-01-7

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