assembly Bill A2836A

Vetoed By Governor
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

Current Bill Status Via S6531 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • 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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 26, 2019 vetoed memo.286
Dec 17, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.543
substituted for a2836a
Jun 20, 2019 substituted by s6531
Jun 18, 2019 ordered to third reading rules cal.543
rules report cal.543
reported
reported referred to rules
Jun 14, 2019 print number 2836a
Jun 14, 2019 amend (t) and recommit to ways and means
May 21, 2019 reported referred to ways and means
Feb 28, 2019 reported referred to codes
Jan 25, 2019 referred to health

Co-Sponsors

view additional co-sponsors

A2836 - Details

See Senate Version of this Bill:
S6531
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 2017-2018 Legislative Session:
A10985

A2836 - 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.

A2836 - Bill Text download pdf


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

                                  2836

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2019
                               ___________

Introduced  by  M. of A. GOTTFRIED, GUNTHER -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation to  pharmacy  benefit
  managers; and to repeal certain provisions of such law relating there-
  to

  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,  INCLUDING  A  STATE  OR  LOCAL  GOVERNMENT  ENTITY,  THAT
ACQUIRES  PRESCRIPTION DRUGS TO USE OR DISPENSE IN PROVIDING HEALTH CARE
TO PATIENTS.
  (B) "PHARMACY BENEFIT MANAGEMENT" MEANS  THE  SERVICE  PROVIDED  TO  A
HEALTH PLAN OR PROVIDER, DIRECTLY OR THROUGH ANOTHER ENTITY, AND REGARD-
LESS  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06526-02-9

Co-Sponsors

view additional co-sponsors

A2836A (ACTIVE) - Details

See Senate Version of this Bill:
S6531
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 2017-2018 Legislative Session:
A10985

A2836A (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.

A2836A (ACTIVE) - Bill Text download pdf


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

                                 2836--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2019
                               ___________

Introduced by M. of A. GOTTFRIED, GUNTHER, ABINANTI, KIM, SAYEGH, STECK,
  McDONALD,  REILLY,  FAHY,  CAHILL  --  read  once  and referred to the
  Committee on Health -- reported and referred to the Committee on Codes
  -- reported and referred to the Committee on Ways and Means -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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,

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