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S3346Senate2015-2016 SessionSame asA676

Relates to establishing a pharmacy benefit manager contract appeals process

Sponsor Kemp HannonSD-6+18 co-sponsorsAffects Finance
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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History

  1. Signed chap.540
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.50
  6. Substituted for A676C
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 59–2
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.1273
Show 6 earlier actions
  1. Print number 3346b
  2. Amend and recommit to finance
  3. Reported and committed to finance
  4. Print number 3346a
  5. Amend and recommit to health
  6. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A676Assembly

Relates to establishing a pharmacy benefit manager contract appeals process

Assembly Floor Calendar · Sponsor Linda Rosenthal

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3346B

Title of bill

An act to amend the public health law, in relation to pharmacy benefit managers

Purpose

To requires contracts between pharmacy benefit managers and pharmacies to include a reasonable appeals process.

Summary of provisions

Section one adds a new § 280-a to the Public Health Law to require contracts between a pharmacy benefit manager (PBM) and a pharmacy, or a pharmacy's contract agent, to include a reasonable appeals process. Under the process, the right to appeal is limited to 30 days following the initial claim submission. The PBM must provide a phone number and email for processing the appeal, and must respond to an appeal within 7 business days. If the appeal is deemed valid, the price is adjusted for the appealing pharmacy effective the date of the original claim and, if warranted, the PBM shall update the maximum allowable cost for all similarly situated pharmacies. If the appeal is denied, the PBM shall identify a therapeutically equivalent drug that is available for purchase at an equal price.

Section two provides that this act shall take effect 90 days after enactment.

Justification

Pharmacy benefit managers (PBMs) are business entities that manage the pharmacy benefit for health plans, employers and other payers. Services include managing pharmacy networks by contracting with pharmacy providers, establishing reimbursement rates for brands and generics, paying pharmacies for submitted claims, managing formularies, establishing co-payment amounts and other services.

Contracts between PBMs and pharmacies include reimbursement policies. For brand drugs, contracts between pharmacies and PBMs refer to published pricing benchmarks such as Wholesaler Acquisition Cost and Average Wholesale Price. On the other hand, for generics PBM contracts refer to Maximum Allowable Cost (MAC). MAC price lists for generics are developed and managed by individual PBMs and are not included in with the contracts that are presented to pharmacies or their contracting agents. Since each patient's policy may be governed by a different MAC list that the pharmacist does not have access to, a pharmacy typically will not know the reimbursed amount of the drug prior to filling a prescription.

The recent unprecedented fluctuation in generic drug prices has generated significant attention and highlighted the need for this legislation. Under this legislation, contracts would be required to include a process by which a pharmacy can appeal a MAC price that is below its cost, with a reasonable timeline for both the pharmacy to appeal and for the PBM to respond. Similar legislation has been

enacted in 16 other states as well as the Medicare Part D policy scheduled to take effect in January, 2016.

Legislative history

Similar to S.7025-A of 2014

Fiscal implications

None.

Effective date

90 days after enactment

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.