Bill Text: NY S07762 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 7762 (Prior Session Legislation)

Introduced

Bill Title: Directs the department of health to perform bi-annual assessments of non-preferred drugs for recipients of medical assistance, and to issue annual reports to the legislature thereon.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-12 - REFERRED TO HEALTH [S07762 Detail]

Download: New_York-2015-S07762-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          7762
                    IN SENATE
                                      May 12, 2016
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law,  in  relation  to  directing  the
          department  of  health  to make bi-annual assessments of non-preferred
          drugs for recipients of medical assistance and  to  submit  an  annual
          report to the legislature thereon
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 272 of the public health law is amended by adding a
     2  new subdivision 15 to read as follows:
     3    15.(a) In Medicaid fee-for-service, the department shall make bi-annu-
     4  al assessments of non-preferred drugs in the best clinical interests  of
     5  New  York  Medicaid beneficiaries. Such department shall include, at the
     6  manufacturer's option, a non-preferred drug as a preferred drug when  at
     7  least  thirty-five  percent of prescriptions filled in that drug's class
     8  in the previous two quarters  were  for  a  non-preferred  drug  on  the
     9  preferred  drug  list, provided that the manufacturer of such previously
    10  non-preferred drug agrees to the rebate required under section  1927  of
    11  the  Social  Security  Act  and  an  additional supplemental rebate. The
    12  department and the manufacturer may negotiate  the  alternative  supple-
    13  mental  rebate. The previously non-preferred drug shall not be disadvan-
    14  taged, including but not limited  to  imposing  prior  authorization  or
    15  utilization  management  requirements,  relative  to the other preferred
    16  drugs in its class other than  what  is  required  by  the  FDA-approved
    17  label.
    18    (b)  The  department shall provide an annual report to the legislature
    19  that outlines, with respect to any drug class on the preferred drug list
    20  in which only a single therapeutic pathway, which  may  involve  one  or
    21  more drugs prescribed in combination for the same patient, is preferred,
    22  the  financial  impact  of the state's preferred drug list decision, the
    23  clinical evidence the state relied on in  establishing  preferences  for
    24  the class, and the clinical criteria that permit beneficiaries to access
    25  non-preferred drugs in such a class.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15444-02-6