S 4536 – New York

Status: In Process
Year Introduced: 2021
Link: https://www.nysenate.gov/legislation/bills/2021/S4536

Prohibits price gouging by manufacturers of prescription drugs. Section one adds a new Public Health Law § 276-a which would require any manufacturer of a brand or generic drug to notify the Commissioner of Health and the Drug Utilization Review Board (DURB) if they institute a wholesale acquisition cost increase of 100% or more within a 12 month period. Such notice must be provided not less than 30 days prior to instituting the increase and shall be provided on a form provided by the Commissioner and DURB. The Commissioner is authorized to require prior authorization effective as of the date of the price increase, until such time as a determination is made by the DURB as to whether the price increase was excessive. Should the DURB find that the price increase was excessive, they shall continue to require prior authorization, and may refer the matter to the Attorney General. In the event that the DURB does not find the price increase to be excessive, the DURB shall remove the prior authorization requirement.

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