Senate Bill S5401

2021-2022 Legislative Session

Relates to the pricing of single source brand-name maintenance medication for which there is no National Average Drug Acquisition Cost pricing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


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

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2021-S5401 (ACTIVE) - Details

See Assembly Version of this Bill:
A6605
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §367-a, Soc Serv L

2021-S5401 (ACTIVE) - Summary

Provides that the price of single source brand-name maintenance medication for which there is no National Average Drug Acquisition Cost pricing shall be the wholesale acquisition cost.

2021-S5401 (ACTIVE) - Sponsor Memo

2021-S5401 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5401
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to the  pricing  of
   single  source brand-name maintenance medication for which there is no
   National Average Drug Acquisition Cost pricing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (b) of subdivision 9 of section 367-a of the
 social services law, as amended by section 3 of part C of chapter 58  of
 the  laws of 2004, subparagraphs (i) and (ii) as amended by section 7 of
 part D of chapter 57 of the laws of 2017 and subparagraph (iii) as added
 by section 29 of part E of chapter 63 of the laws of 2005, is amended to
 read as follows:
   (b) for drugs dispensed by pharmacies:
   (i) (A) if the drug dispensed is  a  generic  prescription  drug,  the
 lower  of:  (1) an amount equal to the national average drug acquisition
 cost set by the federal centers for medicare and medicaid  services  for
 the  drug,  if  any,  or  if such amount if not available, the wholesale
 acquisition cost of the drug based on the package size  dispensed  from,
 as reported by the prescription drug pricing service used by the depart-
 ment, less seventeen and one-half percent thereof; (2) the federal upper
 limit, if any, established by the federal centers for medicare and medi-
 caid  services;  (3)  the state maximum acquisition cost, if any, estab-
 lished pursuant to  paragraph  (e)  of  this  subdivision;  or  (4)  the
 dispensing  pharmacy's  usual and customary price charged to the general
 public; (B) if the drug dispensed is available without a prescription as
 required by section sixty-eight hundred ten of the education law but  is
 reimbursed as an item of medical assistance pursuant to paragraph (a) of
 subdivision  four  of  section three hundred sixty-five-a of this title,
 the lower of (1) an amount equal to the national average  drug  acquisi-
 tion  cost set by the federal centers for medicare and medicaid services
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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