Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 09, 2025 |
print number 5882b |
Jun 09, 2025 |
amend and recommit to health print number 5882a |
Jun 09, 2025 |
amend and recommit to health |
Feb 24, 2025 |
referred to health |
Assembly Bill A5882B
2025-2026 Legislative Session
Sponsored By
MCDONALD
Current Bill Status - In Assembly 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
Actions
Bill Amendments
co-Sponsors
Carrie Woerner
Paula Bologna
Landon C. Dais
Judy Griffin
multi-Sponsors
Dana Levenberg
2025-A5882 - Details
2025-A5882 - Summary
Requires a pharmacy benefit manager to pay a participating pharmacy at minimum at the national average drug acquisition cost (NADAC) rate, or at the pharmacy acquisition cost rate if greater or there is not a NADAC rate, plus a professional dispensing fee that is at minimum the professional dispensing fee paid under the state medical assistance program.
2025-A5882 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5882 2025-2026 Regular Sessions I N A S S E M B L Y February 24, 2025 ___________ Introduced by M. of A. McDONALD, WOERNER -- read once and referred to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 280-a of the public health law is amended by adding two new paragraphs (j) and (k) to read as follows: (J) "PHARMACY ACQUISITION COST RATE" MEANS THE COST PAID BY A PARTIC- IPATING PHARMACY TO ACQUIRE GENERIC, BRAND NAME DRUGS, OR BIOLOGIC PRODUCTS, OR DRUGS PRODUCED THROUGH GENETIC TECHNOLOGY OR BIOPHARMACEU- TICAL PROCESSES PURSUANT TO COST INVOICES FROM THE PHARMACY. (K) "NATIONAL AVERAGE DRUG ACQUISITION COST" MEANS THE MONTHLY SURVEY OF RETAIL PHARMACIES CONDUCTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO DETERMINE AVERAGE ACQUISITION COST FOR MEDI- CAID COVERED OUTPATIENT DRUGS. § 2. Subdivision 3 of section 280-a of the public health law, as amended by chapter 128 of the laws of 2022, is amended to read as follows: 3. Prescriptions. (A) A pharmacy benefit manager may not substitute or cause the substituting of one prescription drug for another in dispens- ing a prescription, or alter or cause the altering of the terms of a prescription, except with the approval of the prescriber or as explicit- ly required or permitted by law, including regulations of the department of financial services or the department of health. The superintendent and commissioner, in coordination with each other, are authorized to promulgate regulations to determine when substitution of prescription drugs may be required or permitted. (B) TO THE EXTENT PERMITTED UNDER FEDERAL LAW, A PHARMACY BENEFIT MANAGER SHALL PAY A PARTICIPATING PHARMACY AT MINIMUM AT THE NATIONAL AVERAGE DRUG ACQUISITION COST (NADAC) RATE OR AT THE PHARMACY ACQUISI- TION COST RATE IF GREATER OR THERE IS NOT A NADAC RATE, PLUS A PROFES- SIONAL DISPENSING FEE THAT IS AT MINIMUM THE PROFESSIONAL DISPENSING FEE PAID UNDER THE STATE MEDICAL ASSISTANCE PROGRAM. FOR GENERIC, BRAND NAME
co-Sponsors
Carrie Woerner
Paula Bologna
Landon C. Dais
Judy Griffin
multi-Sponsors
Dana Levenberg
2025-A5882A - Details
2025-A5882A - Summary
Requires a pharmacy benefit manager to pay a participating pharmacy at minimum at the national average drug acquisition cost (NADAC) rate, or at the pharmacy acquisition cost rate if greater or there is not a NADAC rate, plus a professional dispensing fee that is at minimum the professional dispensing fee paid under the state medical assistance program.
2025-A5882A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5882--A 2025-2026 Regular Sessions I N A S S E M B L Y February 24, 2025 ___________ Introduced by M. of A. McDONALD, WOERNER, BOLOGNA, DAIS, GRIFFIN, HEVE- SI, STIRPE, LEE, KAY, BRABENEC, BUTTENSCHON, SHIMSKY, GLICK, McMAHON, MANKTELOW, ANGELINO, K. BROWN, BLANKENBUSH, ROMERO, OTIS, PAULIN, DINOWITZ, SOLAGES, SAYEGH, GALLAHAN, JONES, SIMONE, ALVAREZ, RAJKUMAR, REYES, BURDICK, LASHER, LUPARDO, BARRETT, RA, ROSENTHAL, SIMON, McDO- NOUGH, BENEDETTO, ZACCARO, DeSTEFANO, BLUMENCRANZ -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 280-a of the public health law is amended by adding two new paragraphs (j) and (k) to read as follows: (J) "PHARMACY ACQUISITION COST RATE" MEANS THE COST PAID BY A PARTIC- IPATING PHARMACY TO ACQUIRE GENERIC, BRAND NAME DRUGS, OR BIOLOGIC PRODUCTS, OR DRUGS PRODUCED THROUGH GENETIC TECHNOLOGY OR BIOPHARMACEU- TICAL PROCESSES PURSUANT TO COST INVOICES FROM THE PHARMACY. (K) "NATIONAL AVERAGE DRUG ACQUISITION COST" MEANS THE MONTHLY SURVEY OF RETAIL PHARMACIES CONDUCTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO DETERMINE AVERAGE ACQUISITION COST FOR MEDI- CAID COVERED OUTPATIENT DRUGS. § 2. Subdivision 3 of section 280-a of the public health law, as amended by chapter 128 of the laws of 2022, is amended to read as follows: 3. Prescriptions. (A) A pharmacy benefit manager may not substitute or cause the substituting of one prescription drug for another in dispens- ing a prescription, or alter or cause the altering of the terms of a prescription, except with the approval of the prescriber or as explicit- ly required or permitted by law, including regulations of the department EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01972-06-5
co-Sponsors
Carrie Woerner
Paula Bologna
Landon C. Dais
Judy Griffin
multi-Sponsors
Dana Levenberg
2025-A5882B (ACTIVE) - Details
2025-A5882B (ACTIVE) - Summary
Requires a pharmacy benefit manager to pay a participating pharmacy at minimum at the national average drug acquisition cost (NADAC) rate, or at the pharmacy acquisition cost rate if greater or there is not a NADAC rate, plus a professional dispensing fee that is at minimum the professional dispensing fee paid under the state medical assistance program.
2025-A5882B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5882--B 2025-2026 Regular Sessions I N A S S E M B L Y February 24, 2025 ___________ Introduced by M. of A. McDONALD, WOERNER, BOLOGNA, DAIS, GRIFFIN, HEVE- SI, STIRPE, LEE, KAY, BRABENEC, BUTTENSCHON, SHIMSKY, GLICK, McMAHON, MANKTELOW, ANGELINO, K. BROWN, BLANKENBUSH, ROMERO, OTIS, PAULIN, DINOWITZ, SOLAGES, SAYEGH, GALLAHAN, JONES, SIMONE, ALVAREZ, RAJKUMAR, REYES, BURDICK, LASHER, LUPARDO, BARRETT, RA, ROSENTHAL, SIMON, McDO- NOUGH, BENEDETTO, ZACCARO, DeSTEFANO, BLUMENCRANZ -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 280-a of the public health law is amended by adding two new paragraphs (j) and (k) to read as follows: (J) "PHARMACY ACQUISITION COST RATE" MEANS THE COST PAID BY A PARTIC- IPATING PHARMACY TO ACQUIRE GENERIC, BRAND NAME DRUGS, OR BIOLOGIC PRODUCTS, OR DRUGS PRODUCED THROUGH GENETIC TECHNOLOGY OR BIOPHARMACEU- TICAL PROCESSES PURSUANT TO COST INVOICES FROM THE PHARMACY. (K) "NATIONAL AVERAGE DRUG ACQUISITION COST" MEANS THE MONTHLY SURVEY OF RETAIL PHARMACIES CONDUCTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO DETERMINE AVERAGE ACQUISITION COST FOR MEDI- CAID COVERED OUTPATIENT DRUGS. § 2. Subdivision 3 of section 280-a of the public health law, as amended by chapter 128 of the laws of 2022, is amended to read as follows: 3. Prescriptions. (A) A pharmacy benefit manager may not substitute or cause the substituting of one prescription drug for another in dispens- ing a prescription, or alter or cause the altering of the terms of a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01972-08-5
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