Chapter 10 - PRESCRIPTION DRUG DISCOUNT CARD ACT¶
§ 17-1001 Short title. This chapter shall be known and may be cited as the "Prescription Drug Discount Card Act."
§ 17-1002 Definitions. 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.
§ 17-1003 Prescription drug discount card program. 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.
§ 17-1004 Report. Not later than sixty days after the end of each twelve-month period during which the prescription drug discount card program has been in operation, the department shall provide the city council with a report regarding such program. Such report shall provide information regarding the operation of such program during the reporting period, including, but not limited to (i) the number of prescription drug discount card holders who used the prescription drug discount card at least once, (ii) the total cost savings to all card holders generated by the program, (iii) the average cost savings to a card holder per prescription, (iv) the source and method of cost savings under the program, (v) the major drug categories that are not discounted under the program and an explanation as to why such drugs are not listed, (vi) the drugs for which rebates are offered under the program, listed according to major drug category, (vii) the number of pharmacies participating in the program, and (viii) to the extent available, any costs incurred by pharmacies to participate in the program.
§ 17-1005 Implementation. The department may enter into contracts or agreements with third parties to implement the provisions of this chapter, including, but not limited to, developing and/or administering the prescription drug discount card program established pursuant to section 17-1003 of this chapter and collecting information required by section 17-1004 of this chapter.
§ 17-1006 Rules. The department may promulgate such rules as may be necessary to implement the provisions of this chapter.