S5399 — Requires the commissioner of health to include in annual reports information regarding the cost and increase in cost of certain prescription drugs

Summary

Requires the commissioner of health to include in annual reports information regarding the cost and increase in cost of the ten prescription drugs on which the state expends the most money and which have had certain costs increased by fifty percent or more over the past five years or by ten percent or more during the previous calendar year.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 277 of the public health law.

• Section 277 of the public health law

  (e) (f) article → (i) a list of the ten prescription drugs on which the state expends the most money and for which the wholesale acquisition cost has increased by fifty percent or more over the past five years or by ten percent or more during the previous calendar year. The commissioner shall: include the percentage of the wholesale acquisition cost increase for each drug on the list; rank the drugs on the list from those with the largest increase in wholesale acquisition cost to those with the smallest increase; indicate whether each drug was included on the list based on its cost increase over the past five years or during the previ- ous calendar year, or both; and provide the state's total expenditure for each drug on the list during the most recent calendar year; and italics (ii) a list of the ten prescription drugs on which the state expends the most money and for which the cost to the state, net of rebates and other price concessions, has increased by fifty percent or more over the past five years or by ten percent or more during the previous calendar year. The commissioner shall rank the drugs on the list from those with the greatest increase in net cost to those with the smallest increase and indicate whether each drug was included on the list based on its cost increase over the past five years or during the previous calendar year, or both; and (iii) a manufacturer of a prescription drug that appears on a list as described in subparagraph (i) or (ii) of this paragraph shall submit to the commissioner a report that explains: (A) all material factors that have contributed to the wholesale acquisition cost increase for such drug including but not limited to materials and manufacturing costs, spending on research and development costs, spending on marketing and advertising, and spending on patient assistance programs; (B) the percentage of the total wholesale acquisition cost increase attributable to each factor; (C) an explanation of the role of each factor in contributing to the wholesale acquisition cost increase; (D) the total revenue and the net profit of the manufacturer for the most recent calendar year; and (E) any additional information the manufacturer chooses to provide related to drug pricing decisions; (e) (f) (g) title

  amended

Action History

1. January 07, 2026

   REFERRED TO HEALTH

2. February 21, 2025

   REFERRED TO HEALTH

Sponsors

• Jessica Scarcella-Spanton · Primary

Subjects