A 5733 (see companion bill S 2544) – New York

Status: Inactive / Dead
Year Introduced: 2017
Link: https://www.nysenate.gov/legislation/bills/2017/A5733

PRICE GOUGING: PRESCRIPTION DRUGS. If a drug manufacturer of a brand or generic drug, made available in New York, increases the wholesale acquisition cost (WAC) of a drug by a percent equal to or greater than one hundred percent at any one time or in the aggregate in any twelve month period, the manufacturer shall, not less than 30 days prior to instituting such increase, notify the commissioner and the drug utilization review board. Upon receipt of a price increase notification, the drug utilization review board shall review the price increase and make a determination as to whether the price increase is excessive. The attorney general may, upon referral from the drug utilization review board, apply to the courts for an order enjoining or restraining commission or continuance of the alleged unlawful acts. The court may impose a civil penalty in an amount not to exceed $25,000 and, where appropriate, order restitution to aggrieved consumers.

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