Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to health
|Mar 05, 2021
committee discharged and committed to health
|Mar 04, 2021
referred to social services
Senate Bill S5401
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S5401 (ACTIVE) - Details
2021-S5401 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5401 Revised 5/20/21 SPONSOR: REICHLIN-MELNICK TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This legislation will ensure that Medicaid patients with rare and severe seizure disorders have access to the medication they need by providing for a reimbursement rate for the medication based on the wholesale acquisition cost. SUMMARY OF PROVISIONS: Section 1 and 2 of the bill amends social service law section 367-a(9)(b), as previously amended, to provide that the reimbursement rate of a drug that is a single source brand-name maintenance medication for which there is no National Average Drug Acquisition Cost pricing,
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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