assembly Bill A3829

2019-2020 Legislative Session

Prohibits price gouging by manufacturers of prescription drugs

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
Jan 31, 2019 referred to health

Co-Sponsors

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Multi-Sponsors

A3829 (ACTIVE) - Details

See Senate Version of this Bill:
S1798
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §278-a, Pub Health L; add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7022
2017-2018: A5733, S2544

A3829 (ACTIVE) - Summary

Prohibits price gouging by manufacturers of prescription drugs.

A3829 (ACTIVE) - Bill Text download pdf


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

                                  3829

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced by M. of A. McDONALD -- Multi-Sponsored by -- M. of A. THIELE
  -- read once and referred to the Committee on Health

AN  ACT  to amend the public health law and the general business law, in
  relation to price gouging on 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. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION  DRUGS:
1.  IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF
SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION  LAW,  OF  A  BRAND  OR
GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI-
SITION  COST  (WAC)  OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE
HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE  MONTH
PERIOD:
  (A)  THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI-
TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE  DRUG  UTILIZATION
REVIEW  BOARD  ESTABLISHED  UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF
THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED  ON  THE  FORM  ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
  (B)  THE  COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE
MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE  DRUG
EFFECTIVE  AS  OF  THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A
DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION  REVIEW
BOARD,  SHALL  PRODUCE  AND  MAKE  AVAILABLE  TO  MANUFACTURERS  A PRICE
INCREASE NOTIFICATION FORM THAT SHALL ELICIT:
  (A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR
TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT  ANY  ONE
TIME  OR  IN  THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING
MEASURE. FOR THE PURPOSES OF THIS  SECTION  WHOLESALE  ACQUISITION  COST

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