S T A T E O F N E W Y O R K
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2340
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the education law, in relation
to transparency in retail prices of prescription drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
278-a to read as follows:
§ 278-A. PRESCRIPTION DRUG PRICE TRANSPARENCY. 1. AS USED IN THIS
SECTION, "RETAIL PRICE" SHALL MEAN THE PRICE AT WHICH A PARTICULAR DRUG
IS SOLD NOTWITHSTANDING THE COST AN INDIVIDUAL WOULD PAY AFTER PHARMA-
CEUTICAL INSURANCE PRICING IS CALCULATED.
2. EVERY RECIPIENT OF A PHARMACEUTICAL PRODUCT PURSUANT TO
PRESCRIPTION VIA MAIL ORDER OR OTHER CONVENTIONAL MEANS SHALL BE
PROVIDED WITH THE RETAIL PRICE OF HIS OR HER PRESCRIPTION IN WRITING OR
TRANSMITTED SUCH IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED TO
SMS OR E-MAIL PRIOR TO BEING CHARGED FOR SUCH PRESCRIPTION.
3. A PHARMACY THAT RECEIVES AN ELECTRONIC PRESCRIPTION SHALL, AT THE
TIME THE PRESCRIPTION IS DISPENSED, PROVIDE THE RETAIL PRICE OF THE
PRESCRIPTION IN WRITING OR TRANSMIT SUCH IN AN ELECTRONIC FORMAT,
INCLUDING, BUT NOT LIMITED TO SMS OR E-MAIL DIRECTLY TO THE PATIENT OR
THE PERSON MAKING THE REQUEST ON BEHALF OF THE PATIENT.
4. THE PRICE TRANSPARENCY REQUIRED PURSUANT TO THIS SECTION SHALL
APPLY TO ALL NEW PRESCRIPTIONS WRITTEN AFTER THE EFFECTIVE DATE OF THIS
SECTION; PROVIDED, HOWEVER, THAT ANY INDIVIDUAL WHO REQUESTS RETAIL
PRICE INFORMATION ABOUT A PRESCRIPTION ORIGINALLY WRITTEN BEFORE THE
ENACTMENT OF THIS SECTION SHALL BE PROVIDED WITH SUCH INFORMATION IN
WRITTEN OR ELECTRONIC FORM AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION.
§ 2. Section 6810 of the education law is amended by adding a new
subdivision 10-b to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00564-01-1
A. 2340 2
10-B. A PHARMACY SHALL, AT THE TIME A PRESCRIPTION IS DISPENSED,
PROVIDE THE RETAIL PRICE OF THE PRESCRIPTION IN WRITING OR TRANSMIT SUCH
IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED TO SMS OR E-MAIL
DIRECTLY TO THE PATIENT OR THE PERSON MAKING THE REQUEST ON BEHALF OF
THE PATIENT IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-EIGHT-A OF
THE PUBLIC HEALTH LAW.
§ 3. This act shall take effect on the ninetieth day after it shall
have become law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.