Bill Text: NY A06461 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the adjustment of the dispensing fees for multiple source covered drugs by the department of health and the pharmacy advisory committee.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A06461 Detail]

Download: New_York-2015-A06461-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6461
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2015
                                      ___________
       Introduced by M. of A. ENGLEBRIGHT, CAHILL, JAFFEE, ROSENTHAL, DINOWITZ,
         BENEDETTO,  PERRY, GUNTHER, ROBINSON, COLTON, GALEF -- Multi-Sponsored
         by -- M. of A. ABBATE, BRENNAN, COOK, PEOPLES-STOKES -- read once  and
         referred to the Committee on Health
       AN  ACT  to amend the elder law and the social services law, in relation
         to payments for multiple source prescription drugs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subparagraph  2  of  paragraph  (a) of subdivision 1 of
    2  section 250 of the elder law, as amended by section  18  of  part  T  of
    3  chapter 56 of the laws of 2012, is amended to read as follows:
    4    (2) The upper limit, if any, set by the centers for medicare and medi-
    5  caid services for such multiple source drug AND THE DEPARTMENT OF HEALTH
    6  TOGETHER WITH THE PHARMACY ADVISORY COMMITTEE SHALL DETERMINE THE IMPACT
    7  OF  SUCH  UPPER  LIMIT  PAYMENTS FOR DRUGS IMPLEMENTED UNDER THE DEFICIT
    8  REDUCTION ACT OF 2005 AND SHALL REPORT TO THE DIRECTOR OF  THE  DIVISION
    9  OF  THE  BUDGET, SECRETARY OF THE SENATE FINANCE COMMITTEE AND SECRETARY
   10  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH IMPACT AND SHALL ADJUST
   11  PHARMACY DISPENSING FEES  FOR  MULTIPLE  SOURCE  PRESCRIPTION  DRUGS  TO
   12  COMPENSATE FOR ANY REDUCTION AS A RESULT OF THE UPPER LIMITS IMPLEMENTED
   13  UNDER  THE DEFICIT REDUCTION ACT OF 2005 AT SUCH TIME THAT THE NEW UPPER
   14  LIMITS ARE IMPLEMENTED, or
   15    S 2. Subparagraph (i) of paragraph (b) of  subdivision  9  of  section
   16  367-a  of  the social services law, as amended by section 2 of part C of
   17  chapter 60 of the laws of 2014, is amended to read as follows:
   18    (i) if the drug dispensed is a multiple source prescription  drug  for
   19  which  an  upper  limit has been set by the federal centers for medicare
   20  and medicaid services, the lower of: (A) an amount equal to the specific
   21  upper  limit  set  by  such  federal  agency  for  the  multiple  source
   22  prescription  drug;  (B)  the estimated acquisition cost of such drug to
   23  pharmacies which, for purposes of  this  subparagraph,  shall  mean  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10024-01-5
       A. 6461                             2
    1  average wholesale price of a prescription drug based on the package size
    2  dispensed  from,  as  reported  by the prescription drug pricing service
    3  used by the department, less twenty-five percent thereof; (C) the  maxi-
    4  mum  acquisition  cost, if any, established pursuant to paragraph (e) of
    5  this subdivision, provided that the methodology used by  the  department
    6  to establish a maximum acquisition cost shall not include average acqui-
    7  sition cost as determined by department surveys; [or] (D) the dispensing
    8  pharmacy's  usual  and customary price charged to the general public; OR
    9  (E) THE AVERAGE ACQUISITION COST IF AVAILABLE,  AND  THE  DEPARTMENT  OF
   10  HEALTH TOGETHER WITH THE PHARMACY ADVISORY COMMITTEE SHALL DETERMINE THE
   11  IMPACT  OF  SUCH  UPPER  LIMIT  PAYMENTS FOR DRUGS IMPLEMENTED UNDER THE
   12  DEFICIT REDUCTION ACT OF 2005 AND SHALL REPORT TO THE  DIRECTOR  OF  THE
   13  DIVISION  OF  THE  BUDGET, SECRETARY OF THE SENATE FINANCE COMMITTEE AND
   14  SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON  SUCH  IMPACT  AND
   15  SHALL  ADJUST  PHARMACY DISPENSING FEES FOR MULTIPLE SOURCE PRESCRIPTION
   16  DRUGS TO COMPENSATE FOR ANY REDUCTION AS A RESULT OF  THE  UPPER  LIMITS
   17  IMPLEMENTED  UNDER  THE  DEFICIT REDUCTION ACT OF 2005 AT SUCH TIME THAT
   18  THE NEW UPPER LIMITS ARE IMPLEMENTED; and
   19    S 3. This act shall take effect immediately  provided,  however,  that
   20  the  amendments to subdivision 9 of section 367-a of the social services
   21  law, made by section two of this act, shall not  affect  the  expiration
   22  and reversion of such subdivision pursuant to section 4 of chapter 19 of
   23  the laws of 1998, as amended, and shall be deemed to expire therewith.