S 9191: Provides limitations on overlapping control between insurance companies and pharmacy benefits managers and pharmacies; requires divestment of the interest in one or more insurance companies and pharmacy benefits managers; prohibits insurance companies, pharmacies, and pharmacy benefit managers found in violation of such provisions from receiving payment from certain state programs.

  
  STATE OF NEW YORK ________________________________________________________________________ 9191  IN SENATE February 12, 2026 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to providing limitations on overlapping control between insurance companies and pharmacy benefits managers and pharmacies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general obligations law is amended by adding a new 2 section 5-338 to read as follows: 3 § 5-338. Conflicting pharmacy ownership. 1. As used in this section: 4 (a) "Pharmacy" has the meaning set forth in section thirty-three 5 hundred two of the public health law. 6 (b) "Pharmacy benefit manager" means a third-party administrator that 7 manages prescription drug programs for health plans, negotiating costs 8 and ensuring access to medications. 9 (c) "Indirect control" means any agreement, arrangement, contract, 10 ownership stake, or other relationship that gives an owner or operator 11 of a pharmacy the ability to influence or direct the operations of any 12 insurance company or pharmacy benefits manager in the state. 13 2. It shall be unlawful for any person or entity to directly or indi- 14 rectly own, operate, control, or direct the operation of the whole or 15 any part of an insurance company and/or a pharmacy benefit manager 16 and/or a pharmacy or any combination thereof. 17 3. Not later than three years after the effective date of this 18 section, any person or entity in violation of subdivision two of this 19 section shall divest from such pharmacy, insurance company, and/or phar- 20 macy benefit manager. 21 4. The attorney general may bring a civil action against any person or 22 entity that violates this section and may recover the following: 23 (a) a civil penalty of ten thousand dollars per day for a violation of 24 this section; and 25 (b) costs and reasonable attorneys' fees. 26 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13807-04-5