S. 6274 2
(A) "CONTROLLING PERSON" IS ANY PERSON OR OTHER ENTITY WHO OR WHICH
DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO BE DIRECTED
THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
(B) "HEALTH INSURER" MEANS AN INSURANCE COMPANY AUTHORIZED IN THIS
STATE TO WRITE ACCIDENT AND HEALTH INSURANCE, A COMPANY ORGANIZED PURSU-
ANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
HEALTH BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, AN ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER EDUCATION CERTIFIED PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, OR THE
NEW YORK STATE HEALTH INSURANCE PLAN ESTABLISHED UNDER ARTICLE ELEVEN OF
THE CIVIL SERVICE LAW.
(C) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS DIRECTLY OR THROUGH
AN INTERMEDIARY, MANAGING THE PRESCRIPTION DRUG COVERAGE PROVIDED BY A
HEALTH INSURER UNDER A CONTRACT OR POLICY DELIVERED OR ISSUED FOR DELIV-
ERY IN THIS STATE OR A PLAN SUBJECT TO SECTION THREE HUNDRED
SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, INCLUDING THE PROCESSING AND
PAYMENT OF CLAIMS FOR PRESCRIPTION DRUGS, THE PERFORMANCE OF DRUG UTILI-
ZATION REVIEW, THE PROCESSING OF DRUG PRIOR AUTHORIZATION REQUESTS, THE
ADJUDICATION OF APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION DRUG
COVERAGE, CONTRACTING WITH NETWORK PHARMACIES, NEGOTIATION OF REBATES,
AND CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.
(D) "PHARMACY BENEFIT MANAGER" MEANS A PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY THAT, PURSUANT TO A CONTRACT WITH A HEALTH
INSURER PROVIDES PHARMACY BENEFIT MANAGEMENT SERVICES, EXCEPT THAT TERM
SHALL NOT INCLUDE:
(1) AN OFFICER OR EMPLOYEE OF A REGISTERED OR LICENSED PHARMACY BENE-
FIT MANAGER; OR
(2) A HEALTH INSURER, OR ANY MANAGER THEREOF, INDIVIDUAL OR CORPORATE,
OR ANY OFFICER, DIRECTOR OR REGULAR SALARIED EMPLOYEE THEREOF, PROVIDING
PHARMACY BENEFIT MANAGEMENT SERVICES UNDER A POLICY OR CONTRACT ISSUED
BY THE HEALTH INSURER.
§ 2902. ACTING WITHOUT A REGISTRATION. (A) NO PERSON, FIRM, ASSOCI-
ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER
PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY WITHOUT HAVING A VALID
REGISTRATION AS A PHARMACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT
IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS PROMULGATED THERE-
UNDER.
(B) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, NO HEALTH INSURER MAY
PAY ANY FEE OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY FOR PERFORMING PHARMACY BENEFIT MANAGEMENT
SERVICES UNLESS THE PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER
ENTITY IS REGISTERED AS A PHARMACY BENEFIT MANAGER IN ACCORDANCE WITH
THIS ARTICLE.
(C) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE LIABLE FOR RESTITUTION TO ANY INSURER OR INSURED HARMED BY
THE VIOLATION AND SHALL ALSO BE SUBJECT TO A PENALTY OF THE GREATER OF
(1) TWO THOUSAND DOLLARS FOR THE FIRST VIOLATION AND FIVE THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION OR (2) THE AGGREGATE ECONOMIC
GROSS RECEIPTS ATTRIBUTABLE TO ALL VIOLATIONS.
§ 2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)
EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
SERVICES PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-ONE SHALL REGISTER
WITH THE SUPERINTENDENT IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT,
AND SHALL PAY A FEE OF TWO THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF
S. 6274 3
A YEAR IN WHICH THE REGISTRATION SHALL BE VALID. THE SUPERINTENDENT, IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH, MAY ESTABLISH, BY REGU-
LATION, MINIMUM REGISTRATION STANDARDS REQUIRED FOR A PHARMACY BENEFIT
MANAGER. THE SUPERINTENDENT CAN REJECT A REGISTRATION APPLICATION FILED
BY A PHARMACY BENEFIT MANAGER THAT FAILS TO COMPLY WITH THE MINIMUM
REGISTRATION STANDARDS.
(B) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
THE BUSINESS ENTITY'S COMPLIANCE WITH THE FINANCIAL SERVICES AND INSUR-
ANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
(C) EVERY REGISTRATION WILL EXPIRE ON DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY REGARDLESS OF WHEN REGISTRATION WAS FIRST MADE.
(D) EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT
MANAGEMENT SERVICES AT ANY TIME BETWEEN JANUARY FIRST, TWO THOUSAND
NINETEEN AND JUNE FIRST, TWO THOUSAND NINETEEN, SHALL MAKE THE REGISTRA-
TION AND FEE PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION ON OR
BEFORE SEPTEMBER FIRST, TWO THOUSAND NINETEEN. ANY OTHER PHARMACY BENE-
FIT MANAGER SHALL MAKE THE REGISTRATION AND FEE PAYMENT REQUIRED BY
SUBSECTION (A) OF THIS SECTION PRIOR TO PERFORMING PHARMACY BENEFIT
MANAGEMENT SERVICES.
(E) REGISTRANTS UNDER THIS SECTION SHALL BE SUBJECT TO EXAMINATION BY
THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT NECESSARY.
THE SUPERINTENDENT MAY PROMULGATE REGULATIONS ESTABLISHING METHODS AND
PROCEDURES FOR FACILITATING AND VERIFYING COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE AND SUCH OTHER REGULATIONS AS NECESSARY TO ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)(1)
ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TWENTY,
EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT, IN A
STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJURY,
THE INFORMATION REQUESTED BY THE SUPERINTENDENT INCLUDING, WITHOUT LIMI-
TATION, DISCLOSURE OF ANY FINANCIAL INCENTIVE OR BENEFIT FOR PROMOTING
THE USE OF CERTAIN DRUGS AND OTHER FINANCIAL ARRANGEMENTS AFFECTING
HEALTH INSURERS OR THEIR POLICYHOLDERS OR INSUREDS AND ANY INFORMATION
RELATING TO THE BUSINESS, FINANCIAL CONDITION, OR MARKET CONDUCT OF THE
PHARMACY BENEFIT MANAGER. THE SUPERINTENDENT ALSO MAY REQUIRE THE FILING
OF QUARTERLY OR OTHER STATEMENTS, WHICH SHALL BE IN SUCH FORM AND SHALL
CONTAIN SUCH MATTERS AS THE SUPERINTENDENT SHALL PRESCRIBE.
(2) THE SUPERINTENDENT ALSO MAY ADDRESS TO ANY PHARMACY BENEFIT MANAG-
ER OR ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY
BENEFIT MANAGEMENT SERVICES OR ANY MATTER CONNECTED THEREWITH. EVERY
PHARMACY BENEFIT MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING
TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF
REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY
SUCH OFFICER OR OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE SUPER-
INTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENAL-
TIES OF PERJURY.
(B) IN THE EVENT ANY PHARMACY BENEFIT MANAGER OR PERSON DOES NOT
SUBMIT THE REPORT REQUIRED BY PARAGRAPH ONE OF SUBSECTION (A) OF THIS
SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY FROM THE
SUPERINTENDENT PURSUANT TO PARAGRAPH TWO OF SUBSECTION (A) OF THIS
SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT LESS
THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED TO LEVY A
CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PHARMACY BENEFIT
MANAGER OR PERSON NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH
S. 6274 4
DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
(C) ALL INFORMATION DISCLOSED BY A PHARMACY BENEFIT MANAGER SHALL BE
DEEMED CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNLESS THE SUPERINTEN-
DENT DETERMINES THAT SUCH DISCLOSURE IS IN THE PUBLIC INTEREST, OR IS
NECESSARY TO CARRY OUT THIS ARTICLE OR TO ALLOW THE DEPARTMENT TO
PERFORM EXAMINATIONS OR INVESTIGATIONS AUTHORIZED BY LAW.
§ 2905. ACTING WITHOUT A LICENSE. (A) NO PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE WITHOUT HAVING AUTHORITY TO
DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE PROVISIONS
OF THIS ARTICLE.
(B) NO HEALTH INSURER MAY PAY ANY FEE OR OTHER COMPENSATION TO ANY
PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY FOR PERFORMING
PHARMACY BENEFIT MANAGEMENT SERVICES ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-ONE UNLESS THE PERSON, FIRM, ASSOCIATION, CORPORATION OR
OTHER ENTITY IS LICENSED AS A PHARMACY BENEFIT MANAGER IN ACCORDANCE
WITH THIS ARTICLE.
(C) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE SUBJECT TO A PENALTY OF THE GREATER OF (1) TWO THOUSAND
DOLLARS FOR THE FIRST VIOLATION AND FIVE THOUSAND DOLLARS FOR EACH
SUBSEQUENT VIOLATION OR (2) THE AGGREGATE GROSS RECEIPTS ATTRIBUTABLE TO
ALL VIOLATIONS.
§ 2906. LICENSING OF A PHARMACY BENEFIT MANAGER. (A) THE SUPERINTEN-
DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION WHO OR THAT HAS COMPLIED WITH THE REQUIRE-
MENTS OF THIS ARTICLE, INCLUDING REGULATIONS PROMULGATED BY THE SUPER-
INTENDENT. THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS FOR THE ISSUANCE
OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
(B) THE MINIMUM STANDARDS ESTABLISHED UNDER THIS SUBSECTION MAY
ADDRESS, WITHOUT LIMITATION:
(1) CONFLICTS OF INTEREST BETWEEN PHARMACY BENEFIT MANAGERS AND HEALTH
INSURERS;
(2) DECEPTIVE PRACTICES IN CONNECTION WITH THE PERFORMANCE OF PHARMACY
BENEFIT MANAGEMENT SERVICES;
(3) ANTI-COMPETITIVE PRACTICES IN CONNECTION WITH THE PERFORMANCE OF
PHARMACY BENEFIT MANAGEMENT SERVICES;
(4) UNFAIR CLAIMS PRACTICES IN CONNECTION WITH THE PERFORMANCE OF
PHARMACY BENEFIT MANAGEMENT SERVICES; AND
(5) PROTECTION OF CONSUMERS.
(C)(1) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHOR-
IZE ALL OF THE MEMBERS OF THE FIRM OR ASSOCIATION AND ANY DESIGNATED
EMPLOYEES TO ACT AS PHARMACY BENEFIT MANAGERS UNDER THE LICENSE, AND ALL
SUCH PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
(2) ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ALL OF
THE OFFICERS AND ANY DESIGNATED EMPLOYEES AND DIRECTORS THEREOF TO ACT
AS PHARMACY BENEFIT MANAGERS ON BEHALF OF SUCH CORPORATION, AND ALL SUCH
PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
(3) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
THE BUSINESS ENTITY'S COMPLIANCE WITH THE INSURANCE LAWS, RULES AND
REGULATIONS OF THIS STATE.
(D)(1) BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE OFFICE OF
S. 6274 5
THE SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE
OF TWO THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
LICENSE SHALL BE VALID.
(2) EVERY PHARMACY BENEFIT MANAGER'S LICENSE ISSUED TO A BUSINESS
ENTITY PURSUANT TO THIS SECTION SHALL EXPIRE ON THE THIRTIETH DAY OF
NOVEMBER OF EVEN-NUMBERED YEARS. EVERY LICENSE ISSUED PURSUANT TO THIS
SECTION TO AN INDIVIDUAL PHARMACY BENEFIT MANAGER WHO WAS BORN IN AN
ODD-NUMBERED YEAR, SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH
ODD-NUMBERED YEAR. EVERY LICENSE ISSUED PURSUANT TO THIS SECTION TO AN
INDIVIDUAL PHARMACY BENEFIT MANAGER WHO WAS BORN IN AN EVEN-NUMBERED
YEAR, SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED
YEAR. EVERY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE RENEWED FOR
THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICA-
TION IN CONFORMITY WITH THIS SUBSECTION.
(E)(1) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED
WITH THE SUPERINTENDENT BEFORE OCTOBER FIRST OF THE YEAR OF EXPIRATION,
THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL
HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND GIVEN NOTICE OF SUCH
REFUSAL TO THE APPLICANT.
(2) BEFORE REFUSING TO RENEW ANY LICENSE PURSUANT TO THIS SECTION FOR
WHICH A RENEWAL APPLICATION HAS BEEN FILED PURSUANT TO PARAGRAPH ONE OF
THIS SUBSECTION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE
SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE SUCH APPLICANT A
HEARING.
(F) THE SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR ANY
MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY BENEFIT
MANAGER, OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH ANY PREREQUI-
SITE FOR THE ISSUANCE OF SUCH LICENSE.
(G) LICENSEES AND APPLICANTS FOR A LICENSE UNDER THIS SECTION SHALL BE
SUBJECT TO EXAMINATION BY THE SUPERINTENDENT AS OFTEN AS THE SUPERINTEN-
DENT MAY DEEM IT EXPEDIENT. THE SUPERINTENDENT MAY PROMULGATE REGU-
LATIONS ESTABLISHING METHODS AND PROCEDURES FOR FACILITATING AND VERIFY-
ING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND SUCH OTHER
REGULATIONS AS NECESSARY.
(H) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT FOR A CURRENTLY
IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE
SUPERINTENDENT A WRITTEN APPLICATION FOR THE REPLACEMENT LICENSE,
AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN
LOST OR DESTROYED, TOGETHER WITH A FEE OF TWO HUNDRED DOLLARS.
§ 2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
PHARMACY BENEFIT MANAGER. (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
MAY REVOKE, OR MAY SUSPEND FOR A PERIOD THE SUPERINTENDENT DETERMINES
THE REGISTRATION OR LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, AFTER
NOTICE AND HEARING, THE SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR
LICENSEE OR ANY MEMBER, PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING
PERSON OF THE REGISTRANT OR LICENSEE, HAS:
(1) VIOLATED ANY INSURANCE LAWS, OR VIOLATED ANY REGULATION, SUBPOENA
OR ORDER OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE COMMIS-
S. 6274 6
SIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF HIS OR HER DEALINGS IN
SUCH CAPACITY;
(2) PROVIDED MATERIALLY INCORRECT, MATERIALLY MISLEADING, MATERIALLY
INCOMPLETE OR MATERIALLY UNTRUE INFORMATION IN THE REGISTRATION OR
LICENSE APPLICATION;
(3) OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE THROUGH
MISREPRESENTATION OR FRAUD;
(4)(A) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
(B) DEMONSTRATED INCOMPETENCE;
(C) DEMONSTRATED UNTRUSTWORTHINESS; OR
(D) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSINESS
IN THIS STATE OR ELSEWHERE;
(5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED ANY MONIES OR
PROPERTIES RECEIVED IN THE COURSE OF BUSINESS IN THIS STATE OR ELSE-
WHERE;
(6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN ACTUAL OR PROPOSED
INSURANCE CONTRACT;
(7) BEEN CONVICTED OF A FELONY;
(8) ADMITTED OR BEEN FOUND TO HAVE COMMITTED ANY INSURANCE UNFAIR
TRADE PRACTICE OR FRAUD;
(9) HAD A PHARMACY BENEFIT MANAGER REGISTRATION OR LICENSE, OR ITS
EQUIVALENT, DENIED, SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
DISTRICT OR TERRITORY;
(10) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH ANY ADMINISTRATIVE
OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX; OR
(11) CEASED TO MEET THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
UNDER THIS ARTICLE.
(B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF ANY
PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
SUPERINTENDENT SHALL GIVE NOTICE TO THE REGISTRANT OR LICENSEE AND TO
EVERY SUB-LICENSEE AND SHALL HOLD, OR CAUSE TO BE HELD, A HEARING NOT
LESS THAN TEN DAYS AFTER THE GIVING OF SUCH NOTICE.
(C) IF A REGISTRATION OR LICENSE PURSUANT TO THE PROVISIONS OF THIS
ARTICLE IS REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN THE SUPER-
INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
(D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE SHALL TERMINATE FORTHWITH SUCH
REGISTRATION OR LICENSE AND THE AUTHORITY CONFERRED THEREBY UPON ALL
SUB-LICENSEES. FOR GOOD CAUSE SHOWN, THE SUPERINTENDENT MAY DELAY THE
EFFECTIVE DATE OF A REVOCATION OR SUSPENSION TO PERMIT THE REGISTRANT OR
LICENSEE TO SATISFY SOME OR ALL OF ITS CONTRACTUAL OBLIGATIONS TO
PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES IN THE STATE.
(E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
TION OR LICENSE AS A PHARMACY BENEFIT MANAGER HAS BEEN REVOKED PURSUANT
TO SUBSECTION (A) OF THIS SECTION, AND NO FIRM OR ASSOCIATION OF WHICH
SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
IS AN OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF THE REGISTRANT
OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR LICENSE
UNDER THE PROVISIONS OF THIS ARTICLE FOR A PERIOD OF ONE YEAR AFTER SUCH
REVOCATION, OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED, FOR ONE YEAR
AFTER THE FINAL DETERMINATION THEREOF AFFIRMING THE ACTION OF THE SUPER-
INTENDENT IN REVOKING SUCH LICENSE.
(2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
CORPORATION BE REVOKED, NO MEMBER OF SUCH FIRM OR ASSOCIATION AND NO
OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
REGISTRANT OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR
S. 6274 7
LICENSE, OR TO BE NAMED AS A SUB-LICENSEE IN ANY SUCH LICENSE, UNDER
THIS ARTICLE FOR THE SAME PERIOD OF TIME, UNLESS THE SUPERINTENDENT
DETERMINES, AFTER NOTICE AND HEARING, THAT SUCH MEMBER, OFFICER OR
DIRECTOR WAS NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT OF WHICH
SUCH REGISTRATION OR LICENSE WAS REVOKED.
(F) IF ANY REGISTERED OR LICENSED PHARMACY BENEFIT MANAGER OR ANY
PERSON AGGRIEVED SHALL FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT
SETTING FORTH FACTS TENDING TO SHOW SUFFICIENT GROUND FOR THE REVOCATION
OR SUSPENSION OF ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE,
THEN THE SUPERINTENDENT SHALL, AFTER NOTICE AND A HEARING, DETERMINE
WHETHER SUCH REGISTRATION OR LICENSE SHALL BE SUSPENDED OR REVOKED.
(G) THE SUPERINTENDENT SHALL RETAIN THE AUTHORITY TO ENFORCE THE
PROVISIONS OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS CHAP-
TER AGAINST ANY PERSON OR ENTITY WHO IS UNDER INVESTIGATION FOR OR
CHARGED WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR ENTI-
TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
LAPSED BY OPERATION OF LAW.
(H) A REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO
THE SUPERINTENDENT ANY ADMINISTRATIVE ACTION TAKEN AGAINST THE REGIS-
TRANT OR LICENSEE IN ANOTHER JURISDICTION OR BY ANOTHER GOVERNMENTAL
AGENCY IN THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF THE
MATTER. THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER
OR OTHER RELEVANT LEGAL DOCUMENTS.
(I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A REGIS-
TRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO THE SUPER-
INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR LICENSEE TAKEN
IN ANY JURISDICTION. THE REPORT SHALL INCLUDE A COPY OF THE INITIAL
COMPLAINT FILED, THE ORDER RESULTING FROM THE HEARING AND ANY OTHER
RELEVANT LEGAL DOCUMENTS.
§ 2908. PENALTIES FOR VIOLATIONS. (A) THE SUPERINTENDENT, IN LIEU OF
REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF A REGISTRANT OR
LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY IN ANY
ONE PROCEEDING BY ORDER, REQUIRE THE REGISTRANT OR LICENSEE TO PAY TO
THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING THE GREATER OF
(1) TWO THOUSAND DOLLARS FOR EACH OFFENSE AND FIVE THOUSAND DOLLARS FOR
EACH SUBSEQUENT VIOLATION OR (2) THE AGGREGATE GROSS RECEIPTS ATTRIBUT-
ABLE TO ALL OFFENSES.
(B) UPON THE FAILURE OF SUCH A REGISTRANT OR LICENSEE TO PAY THE
PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
DAYS AFTER THE MAILING OF THE ORDER, POSTAGE PREPAID, REGISTERED, AND
ADDRESSED TO THE LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
THE ORDER IS STAYED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION,
THE SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE SUPER-
INTENDENT DETERMINES.
§ 2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION. THE
COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE UNDER THIS
ARTICLE, SHALL STAY SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD UNLESS
THE COURT SHALL DETERMINE, AFTER A PRELIMINARY HEARING OF WHICH THE
SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY OF
THE SUPERINTENDENT'S ACTION PENDING THE FINAL DETERMINATION OR FURTHER
ORDER OF THE COURT WILL NOT UNDULY INJURE THE INTERESTS OF THE PEOPLE OF
THE STATE.
S. 6274 8
§ 2910. REVOKED REGISTRATIONS OR LICENSES. (A)(1) NO PERSON, FIRM,
ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT TO THE PROVISIONS OF
THIS ARTICLE WHOSE REGISTRATION OR LICENSE UNDER THIS ARTICLE HAS BEEN
REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE BUSINESS OF
PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED BY ANY
OTHER STATE OR TERRITORY OF THE UNITED STATES SHALL BECOME EMPLOYED OR
APPOINTED BY A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAG-
ER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR WRITTEN
APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE
OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(2) NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT ANY
PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
HAS BEEN REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE
BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
BY ANY OTHER STATE OR TERRITORY OF THE UNITED STATES, AS AN OFFICER,
DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE PROVISIONS OF THIS
ARTICLE SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED, OR WHOSE REGISTRATION OR
LICENSE TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH CORPORATION OR
PARTNERSHIP, NOR SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER
IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR WRITTEN APPROVAL
OF THE SUPERINTENDENT.
(B) THE SUPERINTENDENT MAY APPROVE THE EMPLOYMENT, APPOINTMENT OR
PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS BEEN
REVOKED:
(1) IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
ITIES OF SUCH PERSON ARE SUBJECT TO APPROPRIATE SUPERVISION AND THAT
SUCH DUTIES AND RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR LICEN-
SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
(2) IF SUCH PERSON HAS FILED AN APPLICATION FOR REREGISTRATION OR
RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN ONE HUNDRED
TWENTY DAYS FOLLOWING THE FILING THEREOF, UNLESS THE SUPERINTENDENT
DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT OF SUCH
PERSON BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS ARTI-
CLE IF THE SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL SECURITIES
EXCHANGE.
§ 2911. CHANGE OF ADDRESS. A REGISTRANT OR LICENSEE UNDER THIS ARTICLE
SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE SUPERINTEN-
DENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
§ 2912. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING WITH THE
PROVISIONS OF ARTICLES TWENTY-ONE AND FORTY-NINE OF THIS CHAPTER AND
ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR ANY OTHER PROVISION OF
THIS CHAPTER OR THE FINANCIAL SERVICES LAW.
S. 6274 9
§ 2913. ASSESSMENTS. PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
TION WITH THE DEPARTMENT OR ARE LICENSED BY THE DEPARTMENT SHALL BE
ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
MENT THAT ARE SOLELY ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT
MANAGERS IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM JUST AND
REASONABLE.
§ 2914. DUTY, ACCOUNTABILITY AND TRANSPARENCY. (A) A PHARMACY BENEFIT
MANAGER SHALL HAVE A FIDUCIARY RELATIONSHIP WITH AND AN OBLIGATION TO
THE HEALTH INSURER AND SHALL PERFORM PHARMACY BENEFIT MANAGEMENT
SERVICES WITH CARE, SKILL, PRUDENCE, DILIGENCE, AND PROFESSIONALISM.
(B) ALL FUNDS RECEIVED BY A PHARMACY BENEFIT MANAGER IN RELATION TO
PROVIDING PHARMACY BENEFIT MANAGEMENT SERVICES SHALL BE RECEIVED BY THE
PHARMACY BENEFIT MANAGER IN TRUST FOR THE HEALTH PLAN AND SHALL BE USED
OR DISTRIBUTED ONLY PURSUANT TO THE PHARMACY BENEFIT MANAGER'S CONTRACT,
OR OTHER TERMS IN THE ABSENCE OF A CONTRACT, WITH THE HEALTH INSURER OR
APPLICABLE LAW; EXCEPT FOR ANY ADMINISTRATIVE FEE OR PAYMENT EXPRESSLY
PROVIDED FOR IN THE CONTRACT, OR OTHER TERMS IN THE ABSENCE OF A
CONTRACT, BETWEEN THE PHARMACY BENEFIT MANAGER AND THE HEALTH INSURER OR
PROVIDER TO COMPENSATE THE PHARMACY BENEFIT MANAGER FOR HIS OR HER
SERVICES.
(C) EACH PHARMACY BENEFIT MANAGER SHALL PERIODICALLY ACCOUNT TO THE
HEALTH INSURER FOR ALL FUNDS RECEIVED BY THE PHARMACY BENEFIT MANAGER.
THE HEALTH PLAN OR PROVIDER SHALL HAVE ACCESS TO ALL FINANCIAL AND
UTILIZATION INFORMATION OF THE PHARMACY BENEFIT MANAGER IN RELATION TO
PHARMACY BENEFIT MANAGEMENT PROVIDED TO THE HEALTH PLAN OR PROVIDER.
(D) THE PHARMACY BENEFIT MANAGER SHALL DISCLOSE IN WRITING TO THE
HEALTH INSURER THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT
BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY PARTY RELATING TO PHARMACY
BENEFIT MANAGEMENT SERVICES PROVIDED TO THE HEALTH INSURER.
(E) THE PHARMACY BENEFIT MANAGER SHALL DISCLOSE IN WRITING TO THE
HEALTH INSURER ANY ACTIVITY, POLICY, PRACTICE, CONTRACT OR ARRANGEMENT
OF THE PHARMACY BENEFIT MANAGER THAT DIRECTLY OR INDIRECTLY PRESENTS ANY
CONFLICT OF INTEREST WITH THE PHARMACY BENEFIT MANAGER'S RELATIONSHIP
WITH OR OBLIGATION TO THE HEALTH INSURER.
(F) ANY INFORMATION REQUIRED TO BE DISCLOSED BY A PHARMACY BENEFIT
MANAGER TO A HEALTH INSURER UNDER THIS SECTION THAT IS REASONABLY DESIG-
NATED BY THE PHARMACY BENEFIT MANAGER AS PROPRIETARY OR TRADE SECRET
INFORMATION SHALL BE KEPT CONFIDENTIAL BY THE HEALTH INSURER, EXCEPT AS
REQUIRED OR PERMITTED BY LAW, INCLUDING DISCLOSURE NECESSARY TO PROSE-
CUTE OR DEFEND ANY LEGITIMATE LEGAL CLAIM OR CAUSE OF ACTION.
(G) THE SUPERINTENDENT SHALL ESTABLISH, BY REGULATION, MINIMUM STAND-
ARDS FOR PHARMACY BENEFIT MANAGEMENT SERVICES WHICH SHALL ADDRESS THE
ELIMINATION OF CONFLICTS OF INTEREST BETWEEN PHARMACY BENEFIT MANAGERS
AND HEALTH INSURERS; AND THE ELIMINATION OF DECEPTIVE PRACTICES, ANTI-
COMPETITIVE PRACTICES, AND UNFAIR CLAIMS PRACTICES.
§ 2915. CONTRACT PROVISIONS. NO PHARMACY BENEFIT MANAGER SHALL, WITH
RESPECT TO CONTRACTS BETWEEN SUCH PHARMACY BENEFIT MANAGER AND A PHARMA-
CY OR, ALTERNATIVELY, SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY'S
CONTRACTING AGENT, SUCH AS A PHARMACY SERVICES ADMINISTRATIVE ORGANIZA-
TION:
(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
S. 6274 10
(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;
(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; OR
(C) REQUIRE A PHARMACY TO MEET ANY PHARMACY ACCREDITATION STANDARD OR
RECERTIFICATION REQUIREMENT INCONSISTENT WITH, MORE STRINGENT THAN, OR
IN ADDITION TO FEDERAL AND STATE REQUIREMENTS FOR LICENSURE AS A PHARMA-
CY.
§ 2. Subdivision 4 of section 280-a of the public health law is renum-
bered subdivision 5 and a new subdivision 4 is added to read as follows:
4. NO PHARMACY BENEFIT MANAGER SHALL SUBSTITUTE OR CAUSE THE SUBSTI-
TUTING OF ONE PRESCRIPTION DRUG FOR ANOTHER IN DISPENSING A PRESCRIPTION
OR ALTER OR CAUSE THE ALTERING OF THE TERM OF A PRESCRIPTION, EXCEPT
WITH APPROVAL OF THE PRESCRIBER OR AS EXPLICITLY REQUIRED OR PERMITTED
BY LAW.
§ 3. Subsection (b) of section 2402 of the insurance law, as amended
by section 71 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
(b) "Defined violation" means the commission by a person of an act
prohibited by: subsection (a) of section one thousand one hundred two,
section one thousand two hundred fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand one hundred two, two thousand one hundred seventeen, two thou-
sand one hundred twenty-two, two thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, TWO THOUSAND NINE HUNDRED TWO,
TWO THOUSAND NINE HUNDRED FIVE, three thousand one hundred nine, three
thousand two hundred twenty-four-a, three thousand four hundred twenty-
nine, three thousand four hundred thirty-three, paragraph seven of
subsection (e) of section three thousand four hundred twenty-six, four
thousand two hundred twenty-four, four thousand two hundred twenty-five,
four thousand two hundred twenty-six, seven thousand eight hundred nine,
seven thousand eight hundred ten, seven thousand eight hundred eleven,
seven thousand eight hundred thirteen, seven thousand eight hundred
fourteen and seven thousand eight hundred fifteen of this chapter; or
section 135.60, 135.65, 175.05, 175.45, or 190.20, or article one
hundred five of the penal law.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2019.
