NY Pub Health L § 278 (2021)
2021 New York Laws PBH - Public Health Article 2-A - Prescription Drugs Title 2 - Prescription Drugs; Various Provisions 278 - Prescription Drug Retail Price Lists.

§  278.  Prescription drug retail price lists. 1. The department shall   make prescription drug retail price lists of pharmacies, with  the  name   and  address  of each pharmacy, available to the public in a database on   its website at all times. The website shall enable consumers  to  search   the  database  for drug retail prices of pharmacies selected by zip code   of the  pharmacy  and  other  appropriate  factors,  including  enabling   consumers  to  display and compare prices for one or more selected drugs   as well as for the full list. The  website  shall  enable  consumers  to   download  and print displayed information. The website shall accommodate   reasonably anticipated and  actual  public  use  of  the  database.  The   database  shall display drug retail prices for the compendium of the one   hundred  fifty  most  frequently  prescribed  drugs  received   by   the   department  from  the  department of education under section sixty-eight   hundred twenty-six of the education law.2. The department shall extract  pharmacy  retail  price  information,   showing  the  actual  price  to  be  paid  to  the  pharmacy by a retail   purchaser for any listed drug at  the  listed  dosage,  from  usual  and   customary  price  data collected by the medical assistance program under   title eleven of article five  of  the  social  services  law.  Provided,   however,  that  any  pharmacy  participating  in  the medical assistance   program shall provide the usual and customary price  data  for  the  one   hundred fifty most frequently prescribed drugs under section sixty-eight   hundred  twenty-six  of  the education law to the department through the   same mechanism that the usual and customary price data is received under   the medical assistance program. If the department is unable  to  process   such  data,  the  pharmacy  shall  fax or electronically transmit to the   department the usual and customary price data for the one hundred  fifty   most  frequently  prescribed  drugs  under  section  sixty-eight hundred   twenty-six of the education law. The prescription drug retail price list   database shall be subject to  and  conform  with  applicable  state  and   federal    requirements,    including    those    concerning    privacy,   confidentiality and use of information. The commissioner  shall  seek  a   waiver   of  any  federal  requirement  necessary  for  development  and   implementation of the database under this section.  Upon  implementation   of  this  system,  this section shall apply in place of any inconsistent   provision of section sixty-eight hundred  twenty-six  of  the  education   law.   The   prescription   drug  retail  price  list  database  on  the   department's website shall list a pharmacy's price information extracted   under this subdivision as the pharmacy's retail price for each drug. The   department shall update the prescription drug retail price list at least   weekly using the most  recent  retail  price  for  each  drug  for  each   pharmacy as reasonably practicable.2-a. Pharmacies which do not provide usual and customary price data in   the  manner  specified in subdivision two of this section shall transmit   the drug retail price list  compiled  pursuant  to  section  sixty-eight   hundred  twenty-six  of  the education law to the department in a manner   and frequency prescribed by the  department  and  the  department  shall   extract  the  usual  and customary price data information from such drug   retail price  list;  provided  that  the  commissioner  may  exempt  any   category  of  pharmacy  not  required  to  compile such list pursuant to   section sixty-eight hundred twenty-six of the education law.3.  The  prescription  drug  retail  price  list   database   on   the   department's   website  shall  contain  an  advisory  statement  by  the   department alerting consumers of the need  to  tell  their  health  care   practitioner and pharmacist about all the medications they may be taking   and  to ask them how to avoid harmful interactions between the drugs, if   any. A  pharmacy  may  submit  to  the  department  a  brief  statement,   acceptable  to  the  department,  to  be  included  on  the  website  in    conjunction  with  the  pharmacy's  prescription   drug   retail   price   information: (a) concerning discounts from its listed retail prices that   may  be available to consumers and (b) any limitations that the pharmacy   may have as to what group or groups of customers it serves.4.  In  developing and implementing the prescription drug retail price   list database system, the department may  seek  and  shall  receive  the   assistance of the departments of education and law.5.   The   commissioner  shall  provide  an  interim  progress  report   concerning efforts to develop and implement the  database  system  under   this  section not later than January thirty-first, two thousand six. The   report shall include a  projected  completion  date,  a  description  of   obstacles  to development and implementation of the database system, and   an estimate of the costs to complete the implementation of the  database   system.6.  As used in this section, "pharmacy" means any place in which drugs   or prescriptions are possessed for the purpose of retailing, or in which   drugs or prescriptions are retailed, or in which drugs or  prescriptions   are by advertising or otherwise offered for sale at retail.