Section 17-1001
§ 17-1001 Short title. This chapter shall be known and may be cited as
the "Prescription Drug Discount Card Act."
Section 17-1002
§ 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.
Section 17-1003
§ 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.
Section 17-1004
§ 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.
Section 17-1005
§ 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.
Section 17-1006
§ 17-1006 Rules. The department may promulgate such rules as may be
necessary to implement the provisions of this chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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