senate Bill S7828

2019-2020 Legislative Session

Provides for pharmacy benefit management and the procurement of prescription drugs at a negotiated rate for dispensation; repealer

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

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Actions

view actions (5)
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.607
Feb 25, 2020 referred to health

Votes

view votes

Mar 10, 2020 - Health committee Vote

S7828
12
2
committee
12
Aye
2
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Mar 10, 2020

nay (2)
excused (1)

Co-Sponsors

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S7828 (ACTIVE) - Details

See Assembly Version of this Bill:
A9902
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Rpld & add §280-a, Pub Health L; add Art 29 §§2901 - 2913, amd §2402, Ins L
Versions Introduced in 2021-2022 Legislative Session:
S3762, A1396

S7828 (ACTIVE) - Summary

Provides for pharmacy benefit management and the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits; sets forth definitions; provides for funds received by a pharmacy in trust for the health plan or provider and provides for accountability of such funds; further provides for an appeals process to investigate and resolve disputes regarding multi-source generic drug pricing.

S7828 (ACTIVE) - Sponsor Memo

S7828 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7828
 
                             I N  S E N A T E
 
                             February 25, 2020
                                ___________
 
 Introduced  by  Sens. BRESLIN, 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, in relation to  pharmacy  benefit
   managers;  to amend the insurance law, in relation to registration and
   licensing  of  pharmacy  benefit  managers;  and  to  repeal   certain
   provisions of the public health law relating thereto

   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  REPEALED  and  a
 new section 280-a is added to read as follows:
   §  280-A.  PHARMACY BENEFIT MANAGERS. 1. DEFINITIONS.  AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH PLAN OR PROVIDER" MEANS AN ENTITY  FOR  WHICH  A  PHARMACY
 BENEFIT  MANAGER PROVIDES PHARMACY BENEFIT MANAGEMENT INCLUDING, BUT NOT
 LIMITED TO: (I) A HEALTH BENEFIT PLAN OR  OTHER  ENTITY  THAT  APPROVES,
 PROVIDES, ARRANGES FOR, OR PAYS FOR HEALTH CARE ITEMS OR SERVICES, UNDER
 WHICH  PRESCRIPTION  DRUGS FOR BENEFICIARIES OF THE ENTITY ARE PURCHASED
 OR WHICH PROVIDES OR ARRANGES REIMBURSEMENT IN WHOLE OR IN PART FOR  THE
 PURCHASE  OF  PRESCRIPTION  DRUGS;  OR  (II)  A  HEALTH CARE PROVIDER OR
 PROFESSIONAL THAT ACQUIRES PRESCRIPTION DRUGS  TO  USE  OR  DISPENSE  IN
 PROVIDING  HEALTH  CARE  TO  PATIENTS WHERE THE PRESCRIPTION DRUG IS THE
 SUBJECT OF THE PHARMACY BENEFIT MANAGER'S  PHARMACY  BENEFIT  MANAGEMENT
 SERVICES.
   (B)  "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS THE SERVICE PROVIDED
 TO A HEALTH PLAN OR PROVIDER, DIRECTLY OR THROUGH  ANOTHER  ENTITY,  AND
 REGARDLESS  OF  WHETHER THE PHARMACY BENEFIT MANAGER AND THE HEALTH PLAN
 OR PROVIDER ARE RELATED, OR ASSOCIATED BY OWNERSHIP,  COMMON  OWNERSHIP,
 ORGANIZATION  OR  OTHERWISE;  INCLUDING  THE PROCUREMENT OF PRESCRIPTION
 DRUGS TO BE DISPENSED TO PATIENTS, OR THE ADMINISTRATION  OR  MANAGEMENT
 OF  PRESCRIPTION DRUG BENEFITS, INCLUDING BUT NOT LIMITED TO, ANY OF THE
 FOLLOWING:
   (I) MAIL SERVICE PHARMACY;
   (II) CLAIMS PROCESSING,  RETAIL  NETWORK  MANAGEMENT,  OR  PAYMENT  OF
 CLAIMS TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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