|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 05, 2021||referred to health|
senate Bill S4536
Current Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4536 (ACTIVE) - Details
S4536 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4536 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law and the general business law, in relation to price gouging on prescription drugs PURPOSE: To prevent excessive, unjustifiable price increases in prescription medications. SUMMARY OF PROVISIONS: Section one adds a new Public Health Law § 276-a which would require any manufacturer of a brand or generic drug to notify the Commissioner of Health and the Drug Utilization Review Board (DURB) if they institute a wholesale acquisition cost increase of 100% or more within a 12 month period. Such notice must be provided not less than 30 days prior to instituting the increase and shall be provided on a form provided by the
S4536 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4536 2021-2022 Regular Sessions I N S E N A T E February 5, 2021 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the general business law, in relation to price gouging on 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. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION DRUGS: 1. IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, OF A BRAND OR GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI- SITION COST (WAC) OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD: (A) THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI- TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED ON THE FORM ESTAB- LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND (B) THE COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE DRUG EFFECTIVE AS OF THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD. 2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION REVIEW BOARD, SHALL PRODUCE AND MAKE AVAILABLE TO MANUFACTURERS A PRICE INCREASE NOTIFICATION FORM THAT SHALL ELICIT: (A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING MEASURE. FOR THE PURPOSES OF THIS SECTION WHOLESALE ACQUISITION COST EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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