S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8824
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   prescription  drug  manufacturers  to  notify  the attorney general of
   arrangements between pharmaceutical  manufacturers  resulting  in  the
   delay of the introduction of generic drugs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "manufac-
 turer disclosure and transparency act".
   §  2. The general business law is amended by adding a new section 396-
 rrr to read as follows:
   § 396-RRR. DELAY OF INTRODUCTION OF GENERIC MEDICATIONS. 1.  (A)  EACH
 PHARMACEUTICAL  MANUFACTURER  DOING BUSINESS IN THIS STATE THAT MANUFAC-
 TURES A BRAND NAME PRESCRIPTION DRUG AND  ENTERS  INTO  AN  ARRANGEMENT,
 THROUGH AGREEMENT OR OTHERWISE, WITH ANOTHER PHARMACEUTICAL MANUFACTURER
 THAT  HAS  THE  PURPOSE  OR  EFFECT OF DELAYING OR PREVENTING SUCH OTHER
 MANUFACTURER FROM INTRODUCING A GENERIC SUBSTITUTE FOR  SUCH  DRUG  INTO
 THE  MARKETPLACE  SHALL,  NOT LATER THAN THIRTY DAYS AFTER ENTERING INTO
 SUCH ARRANGEMENT, SEND NOTICE TO THE ATTORNEY GENERAL,  IN  A  FORM  AND
 MANNER  PRESCRIBED  BY THE ATTORNEY GENERAL, DISCLOSING THE NAME OF SUCH
 DRUG, THE WHOLESALE PRICE, THE DISEASE SUCH DRUG IS COMMONLY  PRESCRIBED
 TO  TREAT,  THE  MANUFACTURER  OF  SUCH  DRUG,  THE  NAME OF THE GENERIC
 MANUFACTURER, AND THE LENGTH OF THE DELAY.
   (B) THE ATTORNEY GENERAL  SHALL,  NO  LATER  THAN  THIRTY  DAYS  AFTER
 RECEIVING  A NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHARE
 THE INFORMATION WITH THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER
 SECTION THREE HUNDRED SIXTY-NINE-BB OF  THE  SOCIAL  SERVICES  LAW,  ALL
 MEDICAID  MANAGED  CARE  PLANS,  HEALTH  CARRIERS  AND PHARMACY BENEFITS
 MANAGERS DOING BUSINESS IN THE STATE IN A FORMAT AND  MANNER  PRESCRIBED
 BY THE ATTORNEY GENERAL.
   2.  THE  OFFICE  OF THE ATTORNEY GENERAL SHALL POST ON ITS WEBSITE ALL
 THE NOTICES REQUIRED PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF
 THIS  SECTION  IN  A FORMAT AND MANNER DEVELOPED BY THE ATTORNEY GENERAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02926-01-1
 A. 8824                             2
 
 THAT IS SEARCHABLE BY DRUG, COST, DISEASE, AND MANUFACTURER BOTH FOR THE
 BRAND AND GENERIC DRUG FOR PUBLIC REVIEW.
   3. FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOWING-
 LY  OR  NEGLIGENTLY  FAILS TO NOTIFY THE ATTORNEY GENERAL AS REQUIRED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE  ATTORNEY  GENERAL
 SHALL  FINE SUCH MANUFACTURER NO LESS THAN FIVE THOUSAND DOLLARS FOR THE
 FIRST VIOLATION FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY  NOTIFY
 THE ATTORNEY GENERAL PURSUANT TO THE REQUIREMENTS OF THIS SECTION AND NO
 LESS  THAN  TEN  THOUSAND DOLLARS FOR EACH VIOLATION THEREAFTER FOR EACH
 DAY SUCH MANUFACTURER FAILS TO  PROPERLY  NOTIFY  THE  ATTORNEY  GENERAL
 PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
   4.  THE  ATTORNEY  GENERAL IS AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.