New York S 5399: Requires the commissioner of health to include in annual reports information regarding the cost and increase in cost of certain prescription drugs

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S05399 Summary:

BILL NOS05399 

&nbsp

SAME ASSAME AS A00115

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §277, Pub Health L

&nbsp

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.

Go to top S05399 Actions:

BILL NOS05399 

&nbsp

02/21/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05399 Committee&nbspVotes:

Go to topS05399 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05399 Text:

 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 ea