assembly Bill A1396

2021-2022 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 S3762 - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
Jun 08, 2021 ordered to third reading rules cal.531
substituted for a1396
Jun 08, 2021 substituted by s3762
rules report cal.531
reported
reported referred to rules
May 19, 2021 reported referred to ways and means
Jan 26, 2021 reported referred to codes
Jan 11, 2021 referred to health

Co-Sponsors

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A1396 (ACTIVE) - Details

See Senate Version of this Bill:
S3762
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 2019-2020 Legislative Session:
A9902, S7828

A1396 (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.

A1396 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1396
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, CAHILL, DARLING, DINOWITZ, EPSTEIN,
   GRIFFIN, STERN, TAGUE, TAYLOR, THIELE,  ZEBROWSKI,  WEPRIN,  L. ROSEN-
   THAL,  CYMBROWITZ,  HUNTER,  GUNTHER,  GALEF,  McDONOUGH,  RA, BYRNES,
   SEAWRIGHT, ENGLEBRIGHT, JONES, SIMON,  BARRETT,  JEAN-PIERRE,  NORRIS,
   OTIS,  LUPARDO,  MORINELLO,  BUTTENSCHON,  WALLACE  --  read  once and
   referred 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.