Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/019.
This chapter shall be known and may be cited as the "Prescription Drug Discount Card Act."
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/019.
When used in this chapter, the term "rebate" shall mean a refund of a certain portion of the wholesale price of a drug based on a negotiated agreement between a drug manufacturer and any administrator of the prescription drug discount card program created pursuant to this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/019.
a. The department shall develop a prescription drug discount card program which shall be made available to all New York city residents, regardless of age, income, immigration status or health insurance coverage status, for the purpose of providing all New York city residents with a prescription drug discount card which may be used to buy prescription drugs at reduced prices at participating pharmacies. Such prescription drug discount card program shall enable each user of such program to purchase at a reduced price from a pharmacy that participates in the program any prescription drug that is eligible for a discount through such program. The prescription drug discount card program shall allow users to purchase a drug at the lower of either the drug price available through the prescription drug discount card program or the pharmacy's customary and usual price. Any prescription drug discount card issued pursuant to this section may not be utilized in conjunction with another type of prescription drug discount card for the same transaction.
b. Nothing in this chapter shall be construed to provide any governmental entity other than the department with access to any individually identifiable information regarding users of the prescription drug discount card program established pursuant to this section. The department shall keep confidential all information concerning the identity of users of the program and the drugs that such users purchase through the program. The department may use such information solely to conduct epidemiological and health planning studies and to provide general information to users about the drugs such users are taking, the conditions for which such users are taking the drugs and other services of the department or the city of New York related to such conditions.
c. No administrator of the prescription drug discount card program shall provide the prescription drug discount card developed pursuant to this section to any resident of the city of New York unless such administrator ensures that a portion of any rebate payments received from drug manufacturers is distributed to users of such program, including pharmacies participating in the program.
d. Any duly licensed pharmacy willing to comply with the terms and conditions of the prescription drug discount card program shall be permitted to participate in the program.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/019.
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