S 437: Requires a weekly update of the department of health's prescription drug retail price list.

  
  STATE OF NEW YORK ________________________________________________________________________ 437 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. MYRIE -- 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 requiring a weekly update of the prescription drug retail price list The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 278 of the public health law, as 2 renumbered by section 1-a of part B of chapter 447 of the laws of 2012 3 and as amended by section 16 of part B of chapter 58 of the laws of 4 2007, is amended to read as follows: 5 2. The department shall extract pharmacy retail price information, 6 showing the actual price to be paid to the pharmacy by a retail purchas- 7 er for any listed drug at the listed dosage, from usual and customary 8 price data collected by the medical assistance program under title elev- 9 en of article five of the social services law. Provided, however, that 10 any pharmacy participating in the medical assistance program shall 11 provide the usual and customary price data for the one hundred fifty 12 most frequently prescribed drugs under section sixty-eight hundred twen- 13 ty-six of the education law to the department through the same mechanism 14 that the usual and customary price data is received under the medical 15 assistance program. If the department is unable to process such data, 16 the pharmacy shall fax or electronically transmit to the department the 17 usual and customary price data for the one hundred fifty most frequently 18 prescribed drugs under section sixty-eight hundred twenty-six of the 19 education law. The prescription drug retail price list database shall be 20 subject to and conform with applicable state and federal requirements, 21 including those concerning privacy, confidentiality and use of informa- 22 tion. The commissioner shall seek a waiver of any federal requirement 23 necessary for development and implementation of the database under this 24 section. Upon implementation of this system, this section shall apply in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01736-01-5 
 S. 437 2 1 place of any inconsistent provision of section sixty-eight hundred twen- 2 ty-six of the education law. The prescription drug retail price list 3 database on the department's website shall list a pharmacy's price 4 information extracted under this subdivision as the pharmacy's retail 5 price for each drug. The department shall update the prescription drug 6 retail price list at least weekly using the most recent retail price for 7 each drug for each pharmacy [as reasonably practicable]. 8 § 2. This act shall take effect immediately.