New York A 6987: Requires covered entities report to the department of health regarding certain 340B drug discounts

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A06987 Summary:

BILL NOA06987A

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SAME ASSAME AS S08380-A

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SPONSORSeptimo

&nbsp

COSPNSRAlvarez, Tapia, Griffin, Bichotte Hermelyn, Reyes, Yeger, Hevesi, Stirpe

&nbsp

MLTSPNSR

&nbsp

Add §280-e, Pub Health L

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Requires covered entities report to the department of health regarding certain 340B drug discounts and what percentage of patients benefit from such discounts.

Go to top A06987 Actions:

BILL NOA06987A

&nbsp

03/18/2025referred to health

01/07/2026referred to health

05/06/2026amend and recommit to health

05/06/2026print number 6987a

Go to topA06987 Committee&nbspVotes:

Go to topA06987 Floor&nbspVotes:

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

Go to topA06987 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6987--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 18, 2025
 ___________

 Introduced by M. of A. SEPTIMO, ALVAREZ, TAPIA, GRIFFIN, BICHOTTE HERME-
 LYN, REYES, YEGER, HEVESI -- read once and referred to the Committee
 on Health -- recommitted to the Committee on Health in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law, in relation to requiring trans-
 parency requirements for certain 340B drugs

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

 1 Section 1. The public health law is amended by adding a new section
 2 280-e to read as follows:
 3 § 280-e. Accountability to safeguard benefits for vulnerable patients.
 4 1. For the purposes of this section, the following terms shall have the
 5 following meanings:
 6 (a) "340B drug" shall mean a covered outpatient drug, as defined by 42
 7 USC § 1396r-8(k)(2), that has been subject to any offer for reduced
 8 prices by a manufacturer pursuant to 42 USC § 256b(a)(1), and is
 9 purchased by a covered entity.
 10 (b) "340B profits" shall mean the difference between aggregated
 11 payments received from insurers, payors, or self-paying patients for all
 12 340B drugs and the aggregate acquisition cost pay for all 340B drugs.
 13 (c) "340B program" shall mean the federal drug pricing program
 14 described in 42 USC § 256b.
 15 (d) "Charity care" shall have the same meaning as ascribed to such
 16 term as is found in line twenty-three of the S-10 Medicare cost work-
 17 sheet or any successor form.
 18 (e) "Contract pharmacy" shall mean a pharmacy with which a covered
 19 entity has contracted to dispense 340B drugs on behalf of such covered
 20 entity to patients of such covered entity, whether distributed in
 21 person, via mail, or by other means.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10744-02-6

 A. 6987--A 2

 1 (f) "Covered entity" shall have the same meaning as under 42 USC §
 2 256b(a)(4). Provided, however, a covered entity shall not include a
 3 federally qualified health center.
 4 (g) "Low-income patient" shall mean a patient of a covered entity with
 5 a family income below two hundred percent of the federal poverty guide-
 6 lines.
 7 2. Beginning April first, two thousand twenty-seven, each covered
 8 entity shall report to the department with respect to such covered enti-
 9 ty and separately for each offsite outpatient facility associated with
 10 such covered entity, in a form and manner as determined by the depart-
 11 ment, the following information about the prior year:
 12 (a) Delineated by form of insurance or payor type, including but not
 13 limited to Medicaid, Medicare, commercial insurance, and uninsured to
 14 include:
 15 (i) aggregated acquisition costs paid for all 340B drugs;
 16 (ii) aggregated payments received from insurers, payors, and self-pay-
 17 ing patients for all 340B drugs;
 18 (iii) the total number of prescriptions and percentage of the covered
 19 entity's prescriptions that were filled with 340B drugs; and
 20 (iv) the percentage of patients served by a sliding fee scale for 340B
 21 drugs at the point of sale for low-income patients.
 22 (b) The total operating costs for such covered entity, and itemized
 23 costs for:
 24 (i) implementing direct pass through of 340B profits to patients in
 25