Assembly Bill A6713

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6713
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2025
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to transparency in retail prices of prescription drugs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  public health law is amended by adding a new section
 278-b to read as follows:
   § 278-B. PRESCRIPTION DRUG PRICE TRANSPARENCY.  1.  AS  USED  IN  THIS
 SECTION,  "RETAIL PRICE" SHALL MEAN THE PRICE AT WHICH A PARTICULAR DRUG
 IS SOLD NOTWITHSTANDING THE COST AN INDIVIDUAL WOULD PAY  AFTER  PHARMA-
 CEUTICAL INSURANCE PRICING IS CALCULATED.
   2.   EVERY   RECIPIENT   OF   A  PHARMACEUTICAL  PRODUCT  PURSUANT  TO
 PRESCRIPTION VIA  MAIL  ORDER  OR  OTHER  CONVENTIONAL  MEANS  SHALL  BE
 PROVIDED WITH THE RETAIL PRICE OF SUCH PRESCRIPTION IN WRITING OR TRANS-
 MITTED  SUCH  IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED TO SMS
 OR E-MAIL PRIOR TO BEING CHARGED FOR SUCH PRESCRIPTION.
   3. A PHARMACY THAT RECEIVES AN ELECTRONIC PRESCRIPTION SHALL,  AT  THE
 TIME  THE  PRESCRIPTION  IS  DISPENSED,  PROVIDE THE RETAIL PRICE OF THE
 PRESCRIPTION IN WRITING  OR  TRANSMIT  SUCH  IN  AN  ELECTRONIC  FORMAT,
 INCLUDING,  BUT  NOT LIMITED TO SMS OR E-MAIL DIRECTLY TO THE PATIENT OR
 THE PERSON MAKING THE REQUEST ON BEHALF OF THE PATIENT.
   4. THE PRICE TRANSPARENCY REQUIRED  PURSUANT  TO  THIS  SECTION  SHALL
 APPLY  TO ALL NEW PRESCRIPTIONS WRITTEN AFTER THE EFFECTIVE DATE OF THIS
 SECTION; PROVIDED, HOWEVER, THAT  ANY  INDIVIDUAL  WHO  REQUESTS  RETAIL
 PRICE  INFORMATION  ABOUT  A  PRESCRIPTION ORIGINALLY WRITTEN BEFORE THE
 ENACTMENT OF THIS SECTION SHALL BE PROVIDED  WITH  SUCH  INFORMATION  IN
 WRITTEN  OR  ELECTRONIC  FORM  AS  DESCRIBED  IN SUBDIVISION TWO OF THIS
 SECTION.
   § 2. Section 6810 of the education law is  amended  by  adding  a  new
 subdivision 10-b to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09531-01-5
              

 A. 6713                             2
 
   10-B.  A  PHARMACY  SHALL,  AT  THE  TIME A PRESCRIPTION IS DISPENSED,
 PROVIDE THE RETAIL PRICE OF THE PRESCRIPTION IN WRITING OR TRANSMIT SUCH
 IN AN ELECTRONIC FORMAT, INCLUDING, BUT NOT LIMITED  TO  SMS  OR  E-MAIL
 DIRECTLY  TO  THE  PATIENT OR THE PERSON MAKING THE REQUEST ON BEHALF OF
 THE  PATIENT  IN  ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-EIGHT-B OF
 THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.