New York S 1913: Relates to establishing the "340B prescription drug anti-discrimination act"

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S01913 Summary:

BILL NOS01913 

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SAME ASSAME AS A06222

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SPONSORRIVERA

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COSPNSRADDABBO, BASKIN, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GONZALEZ, HARCKHAM, HINCHEY,
 JACKSON, KRUEGER, MAY, RAMOS, RYAN C, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB, ZELLNER

&nbsp

MLTSPNSR

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Add §280-d, Pub Health L

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Relates to establishing the "340B prescription drug anti-discrimination act"; prohibits pharmaceutical manufacturers and pharmacy benefit managers from discriminating against covered entities and New York state pharmacies based on participation in the drug discount program authorized by section 340B of the federal public health service act.

Go to top S01913 Actions:

BILL NOS01913 

&nbsp

01/14/2025REFERRED TO HEALTH

02/04/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO HEALTH

01/27/2026REPORTED AND COMMITTED TO FINANCE

03/24/20261ST REPORT CAL.595

03/25/20262ND REPORT CAL.

03/26/2026ADVANCED TO THIRD READING 

06/04/2026PASSED SENATE

06/04/2026DELIVERED TO ASSEMBLY

06/05/2026referred to health

Go to topS01913 Committee&nbspVotes:

Go to topS01913 Floor&nbspVotes:

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

Go to topS01913 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1913

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sens. RIVERA, COMRIE, FERNANDEZ, JACKSON, KRUEGER, RAMOS
 -- 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 establishing the
 340B prescription drug anti-discrimination act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "340B prescription drug anti-discrimination act".
 3 § 2. The public health law is amended by adding a new section 280-d to
 4 read as follows:
 5 § 280-d. Prescription drug discrimination prohibited. 1. Definitions.
 6 (a) "340B program" shall mean the drug discount program authorized by
 7 section 340B of the federal public health service act (42 U.S.C. §
 8 256b).
 9 (b) "Covered entity" shall have the same meaning as is set forth in
 10 section 340B(a)(4) of the federal public health service act (42 U.S.C. §
 11 256b).
 12 (c) "Contract pharmacy" shall include New York state pharmacies that
 13 receive drugs purchased under a contract pharmacy arrangement with a
 14 covered entity.
 15 (d) "Dispensing" shall include a pharmacy's entire distribution proc-
 16 ess, including, but not limited to, the ordering, purchasing, deliver-
 17 ing, receipt, and sale of drugs.
 18 (e) "Pharmacy" shall have the same meaning as is set forth in section
 19 sixty-eight hundred two of the education law.
 20 2. Prohibition of discriminatory practice. No pharmaceutical manufac-
 21 turer, pharmacy benefit manager, outsourcing facility, or third-party
 22 logistics provider shall directly or indirectly:
 23 (a) deny, prohibit, condition, or otherwise limit the dispensing of
 24 drugs from a covered entity or contract pharmacy, other than such limi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03887-02-5

 S. 1913 2

 1 tations explicitly identified or explicitly authorized either under
 2 section 340B of the federal public health service act (42 U.S.C. §
 3 256b), or any regulations promulgated pursuant to such statute;
 4 (b) deny access to drugs manufactured by a pharmaceutical manufacturer
 5 to a covered entity or contract pharmacy based on such covered entity's
 6 or contract pharmacy's participation in the 340B program; or
 7 (c) impose requirements, exclusions, reimbursement terms, fees,
 8 audits, claim identification, or other conditions on a covered entity or
 9 contract pharmacy that differ from the requirements, exclusions,
 10 reimbursement terms, fees, audits, claim identification, or other condi-
 11 tions applied to entities that do not participate in the 340B program,
 12 other than such limitations explicitly identified or explicitly author-
 13 ized either under section 340B of the federal public health service act
 14 (42 U.S.C. § 256b), or any regulations p