senate Bill S141

2019-2020 Legislative Session

Relates to the price gouging of pharmaceuticals

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to consumer protection

Co-Sponsors

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S141 (ACTIVE) - Details

See Assembly Version of this Bill:
A6606
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8182
2017-2018: S2402, A10527

S141 (ACTIVE) - Summary

Penalizes the price gouging of pharmaceuticals; penalty not to exceed one million dollars.

S141 (ACTIVE) - Sponsor Memo

S141 (ACTIVE) - Bill Text download pdf


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

                                   141

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the price goug-
  ing of pharmaceuticals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
  §  396-RRR.  PRICE  GOUGING; PHARMACEUTICALS.   1. FOR THE PURPOSES OF
THIS SECTION, "PHARMACEUTICALS" SHALL MEAN ANY COMPOUND MANUFACTURED FOR
SALE AS A MEDICINAL DRUG.
  2. NO MANUFACTURER OR WHOLESALER  OF  PHARMACEUTICALS  SHALL  SELL  OR
OFFER  TO  SELL PHARMACEUTICALS FOR AN AMOUNT WHICH REPRESENTS AN UNCON-
SCIONABLY EXCESSIVE PRICE. WHETHER A PRICE IS  UNCONSCIONABLY  EXCESSIVE
IS A QUESTION OF LAW FOR THE COURT.
  3.  THE  COURT'S  DETERMINATION  THAT  A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
  (A) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
  (B) THAT THERE WAS AN EXERCISE OF UNFAIR  LEVERAGE  OR  UNCONSCIONABLE
MEANS; OR
  (C) A COMBINATION OF BOTH FACTORS.
  4.  IN  ANY COURT PROCEEDING COMMENCED PURSUANT TO THIS SECTION, PROOF
THAT A VIOLATION OF THIS SECTION HAS  OCCURRED  SHALL  INCLUDE  EVIDENCE
THAT:
  (A) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE MARKET
PRICE  OF  THE  PHARMACEUTICAL THAT LED TO THE ACTION UNDER THIS SECTION
AND THE PRICE OF THE SAME PHARMACEUTICAL OVER THE SIX  MONTHS  PRIOR  TO
THE PRICE CHANGE THAT LED TO THE ACTION UNDER THIS SECTION; OR
  (B) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH THE PHARMA-
CEUTICALS WERE READILY OBTAINABLE BY OTHER PURCHASERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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