assembly Bill A8838

Signed By Governor
2021-2022 Legislative Session

Provides for pharmacy benefit management and the procurement of prescription drugs at a negotiated rate for dispensation

download bill text pdf

Sponsored By

Current Bill Status Via S7837 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2022 signed chap.128
delivered to governor
Feb 14, 2022 returned to senate
passed assembly
ordered to third reading cal.403
substituted for a8838
Feb 14, 2022 substituted by s7837
Feb 10, 2022 advanced to third reading cal.403
Feb 08, 2022 reported
Feb 01, 2022 reported referred to ways and means
Jan 25, 2022 reported referred to codes
Jan 13, 2022 referred to health

Co-Sponsors

A8838 (ACTIVE) - Details

See Senate Version of this Bill:
S7837
Law Section:
Public Health Law
Laws Affected:
Amd §280-a, Pub Health L; amd §§4 & 5, Chap of 2021; amd Art 29 §§2901 - 2914, Ins L (as proposed in S.3762 & A.1936); add §99-oo, St Fin L

A8838 (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; provides for accountability of such funds (view more) provides for an appeals process to investigate and resolve disputes regarding multi-source generic drug pricing.

A8838 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8838
 
                           I N  A S S E M B L Y
 
                             January 13, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  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; to  amend  the  state  finance
   law,  in relation to establishing the pharmacy benefit manager regula-
   tory fund; and to amend a chapter of the laws  of  2021  amending  the
   public  health law relating to pharmacy benefit managers; amending the
   insurance law relating to registration and licensing of pharmacy bene-
   fit managers; and repealing certain provisions of  the  public  health
   law  relating thereto, as proposed in legislative bills numbers S.3762
   and A.1396, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 2, 3 and 5 of section 280-a of the public
 health law, as added by a chapter of  the  laws  of  2021  amending  the
 public  health  law  relating to pharmacy benefit managers; amending the
 insurance law relating to registration and licensing of pharmacy benefit
 managers; and repealing certain provisions  of  the  public  health  law
 relating  thereto,  as proposed in legislative bills numbers S. 3762 and
 A. 1396, are amended to read as follows:
   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)] SERVICES AND THAT IS a health  benefit  plan  or  other
 entity  that  approves, provides, arranges for, or pays OR REIMBURSES IN
 WHOLE OR IN PART for health care items or  services,  [under  which]  TO
 INCLUDE AT LEAST prescription drugs, for A SUBSTANTIAL NUMBER OF benefi-
 ciaries  [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

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