senate Bill S1798

2019-2020 Legislative Session

Prohibits price gouging by manufacturers of prescription drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Mar 18, 2020 advanced to third reading
Mar 11, 2020 2nd report cal.
Mar 10, 2020 1st report cal.599
Jan 08, 2020 referred to health
returned to senate
died in assembly
Jun 11, 2019 referred to health
delivered to assembly
passed senate
ordered to third reading cal.1236
committee discharged and committed to rules
Jan 16, 2019 referred to health

Votes

view votes

Mar 10, 2020 - Health committee Vote

S1798
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Mar 10, 2020

excused (1)

Jun 11, 2019 - Rules committee Vote

S1798
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S1798 (ACTIVE) - Details

See Assembly Version of this Bill:
A3829
Current Committee:
Senate Rules
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: S2544, A5733
2021-2022: S4536

S1798 (ACTIVE) - Summary

Prohibits price gouging by manufacturers of prescription drugs.

S1798 (ACTIVE) - Sponsor Memo

S1798 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1798
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.