S 5399: Requires the commissioner of health to include in annual reports information regarding the cost and increase in cost of the ten prescription drugs on which the state expends the most money and which have had certain costs increased by fifty percent or more over the past five years or by ten percent or more during the previous calendar year.

  
  STATE OF NEW YORK ________________________________________________________________________ 5399 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 the commissioner of health to include in annual reports information regarding the cost and increase in cost of certain prescription drugs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 277 of the public health law, as 2 amended by section 18 of part A of chapter 56 of the laws of 2013, is 3 amended to read as follows: 4 1. The commissioner, in consultation with the drug utilization review 5 board, shall undertake periodic reviews, at least annually, of the 6 preferred drug program which shall include consideration of: 7 (a) the volume of prior authorizations being handled, including data 8 on the number and characteristics of prior authorization requests for 9 particular prescription drugs; 10 (b) the quality of the program's responsiveness, including the quality 11 of the administrator's responsiveness; 12 (c) complaints received from patients and providers; 13 (d) (i) a list of the ten prescription drugs on which the state 14 expends the most money and for which the wholesale acquisition cost has 15 increased by fifty percent or more over the past five years or by ten 16 percent or more during the previous calendar year. The commissioner 17 shall: include the percentage of the wholesale acquisition cost increase 18 for each drug on the list; rank the drugs on the list from those with 19 the largest increase in wholesale acquisition cost to those with the 20 smallest increase; indicate whether each drug was included on the list 21 based on its cost increase over the past five years or during the previ- 22 ous calendar year, or both; and provide the state's total expenditure 23 for each drug on the list during the most recent calendar year; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00831-01-5 
 S. 5399 2 1 (ii) a list of the ten prescription drugs on which the state expends 2 the most money and for which the cost to the state, net of rebates and 3 other price concessions, has increased by fifty percent or more over the 4 past five years or by ten percent or more during the previous calendar 5 year. The commissioner shall rank the drugs on the list from those with 6 the greatest increase in net cost to those with the smallest increase 7 and indicate whether each drug was included on the list based on its 8 cost increase over the past five years or during the previous calendar 9 year, or both; and 10 (iii) a manufacturer of a prescription drug that appears on a list as 11 described in subparagraph (i) or (ii) of this paragraph shall submit to 12 the commissioner a report that explains: (A) all material factors that 13 have contributed to the wholesale acquisition cost increase for such 14 drug including but not limited to materials and manufacturing costs, 15 spending on research and development costs, spending on marketing and 16 advertising, and spending on patient assistance programs; (B) the 17 percentage of the total wholesale acquisition cost increase attributable 18 to each factor; (C) an explanation of the role of each factor in 19 contributing to the wholesale acquisition cost increase; (D) the total 20 revenue and the net profit of the manufacturer for the most recent 21 calendar year; and (E) any additional information the manufacturer 22 chooses to provide related to drug pricing decisions; 23 (e) the savings attributable to the state, and to each county and the 24 city of New York, due to the provisions of this article; 25 [(e)] (f) the aggregate amount of supplemental rebates received in the 26 previous fiscal year and in the current fiscal year, to date; and such 27 amounts are to be broken out by fiscal year and by month; 28 [(f)] (g) the education and outreach program established by section 29 two hundred seventy-six of this [article] title. 30 § 2. This act shall take effect immediately.