Assembly Bill A895

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    895
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, STIRPE, DICKENS, FORREST, MAMDANI --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   prescription drug manufacturers to  notify  the  attorney  general  of
   arrangements  between  pharmaceutical  manufacturers  resulting in the
   delay of the introduction of generic drugs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "manufac-
 turer disclosure and transparency act".
   § 2. The general business law is amended by adding a new section  396-
 rrr to read as follows:
   §  396-RRR.  DELAY OF INTRODUCTION OF GENERIC MEDICATIONS. 1. (A) EACH
 PHARMACEUTICAL MANUFACTURER DOING BUSINESS IN THIS STATE  THAT  MANUFAC-
 TURES  A  BRAND  NAME  PRESCRIPTION DRUG AND ENTERS INTO AN ARRANGEMENT,
 THROUGH AGREEMENT OR OTHERWISE, WITH ANOTHER PHARMACEUTICAL MANUFACTURER
 THAT HAS THE PURPOSE OR EFFECT OF  DELAYING  OR  PREVENTING  SUCH  OTHER
 MANUFACTURER  FROM  INTRODUCING  A GENERIC SUBSTITUTE FOR SUCH DRUG INTO
 THE MARKETPLACE SHALL, NOT LATER THAN THIRTY DAYS  AFTER  ENTERING  INTO
 SUCH  ARRANGEMENT,  SEND  NOTICE  TO THE ATTORNEY GENERAL, IN A FORM AND
 MANNER PRESCRIBED BY THE ATTORNEY GENERAL, DISCLOSING THE NAME  OF  SUCH
 DRUG,  THE WHOLESALE PRICE, THE DISEASE SUCH DRUG IS COMMONLY PRESCRIBED
 TO TREAT, THE MANUFACTURER  OF  SUCH  DRUG,  THE  NAME  OF  THE  GENERIC
 MANUFACTURER, AND THE LENGTH OF THE DELAY.
   (B)  THE  ATTORNEY  GENERAL  SHALL,  NO  LATER  THAN THIRTY DAYS AFTER
 RECEIVING A NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,  SHARE
 THE INFORMATION WITH THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER
 SECTION  THREE  HUNDRED  SIXTY-NINE-BB  OF  THE SOCIAL SERVICES LAW, ALL
 MEDICAID MANAGED CARE  PLANS,  HEALTH  CARRIERS  AND  PHARMACY  BENEFITS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00235-01-3
 A. 895                              2
              

 
 MANAGERS  DOING  BUSINESS IN THE STATE IN A FORMAT AND MANNER PRESCRIBED
 BY THE ATTORNEY GENERAL.
   2.  THE  OFFICE  OF THE ATTORNEY GENERAL SHALL POST ON ITS WEBSITE ALL
 THE NOTICES REQUIRED PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF
 THIS  SECTION  IN  A FORMAT AND MANNER DEVELOPED BY THE ATTORNEY GENERAL
 THAT IS SEARCHABLE BY DRUG, COST, DISEASE, AND MANUFACTURER BOTH FOR THE
 BRAND AND GENERIC DRUG FOR PUBLIC REVIEW.
   3. FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOWING-
 LY OR NEGLIGENTLY FAILS TO NOTIFY THE ATTORNEY GENERAL  AS  REQUIRED  IN
 PARAGRAPH  (A)  OF SUBDIVISION ONE OF THIS SECTION, THE ATTORNEY GENERAL
 SHALL FINE SUCH MANUFACTURER NO LESS THAN FIVE THOUSAND DOLLARS FOR  THE
 FIRST  VIOLATION FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY NOTIFY
 THE ATTORNEY GENERAL PURSUANT TO THE REQUIREMENTS OF THIS SECTION AND NO
 LESS THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION  THEREAFTER  FOR  EACH
 DAY  SUCH  MANUFACTURER  FAILS  TO  PROPERLY NOTIFY THE ATTORNEY GENERAL
 PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
   4. THE ATTORNEY GENERAL IS AUTHORIZED TO PROMULGATE  RULES  AND  REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.