New York S 9191: Provides limitations on overlapping control between insurance companies and pharmacy benefits managers and pharmacies

Status: REFERRED TO JUDICIARY (as of 2026-02-12)

State: New York · Session: 2025-2026 · Bill: S 9191

Sponsors: Michelle Hinchey

Bill Text

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S09191 Summary:

BILL NOS09191 

&nbsp

SAME ASSAME AS A09184

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §5-338, Gen Ob L

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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.

Go to top S09191 Actions:

BILL NOS09191 

&nbsp

02/12/2026REFERRED TO JUDICIARY

Go to topS09191 Committee&nbspVotes:

Go to topS09191 Floor&nbspVotes:

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

Go to topS09191 Text:

 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

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