senate Bill S3762

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
Jun 08, 2021 ordered to third reading rules cal.531
substituted for a1396
Mar 17, 2021 referred to codes
delivered to assembly
passed senate
Mar 11, 2021 advanced to third reading
Mar 10, 2021 2nd report cal.
Mar 09, 2021 1st report cal.543
Jan 30, 2021 referred to health

Co-Sponsors

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S3762 (ACTIVE) - Details

See Assembly Version of this Bill:
A1396
Law Section:
Public Health Law
Laws Affected:
Rpld & add §280-a, Pub Health L; add Art 29 §§2901 - 2913, amd §2402, Ins L
Versions Introduced in 2019-2020 Legislative Session:
S7828, A9902

S3762 (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 and provides for accountability of such funds; further provides for an appeals process to investigate and resolve disputes regarding multi-source generic drug pricing.

S3762 (ACTIVE) - Sponsor Memo

S3762 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3762
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens.  BRESLIN,  RIVERA,  ADDABBO,  GAUGHRAN, GOUNARDES,
   KAMINSKY, KAPLAN, KRUEGER, MAYER, SKOUFIS -- read  twice  and  ordered
   printed, and when printed to be committed 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;  and  to  repeal  certain
   provisions of the public health law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  280-a of the public health law is REPEALED and a
 new section 280-a is added to read as follows:
   § 280-A. PHARMACY BENEFIT MANAGERS. 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)  A  HEALTH BENEFIT PLAN OR OTHER ENTITY THAT APPROVES,
 PROVIDES, ARRANGES FOR, OR PAYS FOR HEALTH CARE ITEMS OR SERVICES, UNDER
 WHICH PRESCRIPTION DRUGS FOR BENEFICIARIES 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 BENEFIT MANAGER'S PHARMACY BENEFIT MANAGEMENT
 SERVICES.
   (B) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS THE SERVICE  PROVIDED
 TO  A  HEALTH  PLAN OR PROVIDER, DIRECTLY OR THROUGH ANOTHER ENTITY, AND
 REGARDLESS OF WHETHER THE PHARMACY BENEFIT MANAGER AND THE  HEALTH  PLAN
 OR  PROVIDER  ARE RELATED, OR ASSOCIATED BY OWNERSHIP, COMMON OWNERSHIP,
 ORGANIZATION OR OTHERWISE; INCLUDING  THE  PROCUREMENT  OF  PRESCRIPTION
 DRUGS  TO  BE DISPENSED TO PATIENTS, OR THE ADMINISTRATION OR MANAGEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00570-01-1

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