New York 2025-2026 Regular Session

New York Assembly Bill A09045

Introduced
9/5/25  
Refer
9/5/25  

Caption

Ensures reimbursement practices of pharmacy benefit managers do not allow for reimbursement of an amount less than the cost of procuring the drugs.

Impact

The potential impact of A09045 on state laws is significant as it would explicitly control how PBMs manage reimbursement. It aims to create a more level playing field for pharmacies by ensuring that they are compensated adequately for the drugs they dispense. Proponents of the bill argue that it will help small and independent pharmacies survive against larger chains and ensure that consumers can access medications at reasonable prices. The bill would also amend existing laws to require adjustments in reimbursement rates should certain conditions not be met by the PBMs, thus adding a layer of accountability.

Summary

Bill A09045 seeks to amend the public health law to establish guidelines around the reimbursement practices of pharmacy benefit managers (PBMs). The key objective of the bill is to ensure that reimbursements offered by PBMs do not fall below the cost incurred by pharmacies to procure the drugs. This aim is to foster fairer pricing practices that could ultimately benefit pharmacies and, by extension, consumers by ensuring more stable drug prices in the marketplace. By explicitly stating that reimbursements must match or exceed acquisition costs, the bill seeks to mitigate practices that could harm local pharmacies financially.

Conclusion

Ultimately, A09045 represents an effort to address longstanding issues concerning drug pricing and the role of PBMs in the healthcare system. If passed, state law will undergo a significant shift in how pharmacy reimbursements are handled, with the potential to improve the operational viability of local pharmacies while challenging the current practices of PBMs. The continued discourse surrounding this bill underscores the ongoing tensions in the healthcare landscape regarding cost containment and access to necessary medications.

Contention

Notable points of contention surrounding A09045 may involve the balance of power between PBMs and pharmacies. Critics of the bill, particularly those representing PBMs, might argue that the rigid standards for reimbursement could limit their flexibility in managing costs and negotiating prices. Additionally, there may be concerns that while the bill seeks to protect pharmacies, it could inadvertently lead to increased drug prices for consumers if PBMs pass on the costs of higher reimbursements in the form of elevated retail drug prices. Stakeholders from differing sides of the pharmaceutical industry could therefore be divided on the implications of the bill.

Companion Bills

NY S05719

Same As Ensures reimbursement practices of pharmacy benefit managers do not allow for reimbursement of an amount less than the cost of procuring the drugs.

Previously Filed As

NY S05719

Ensures reimbursement practices of pharmacy benefit managers do not allow for reimbursement of an amount less than the cost of procuring the drugs.

NY S05464

Amends provisions governing reimbursement practices of pharmacy benefit managers to ensure that pharmacies are not reimbursed an amount less than the cost of procuring the drugs.

NY H4488

Relative to pharmacy benefit managers reimbursements to pharmacies in the Commonwealth

NY H1330

Relative to pharmacy benefit managers reimbursements to pharmacies in the Commonwealth

NY LD180

An Act Regarding Reimbursements by Health Insurance Carriers or Pharmacy Benefits Managers to Pharmacies

NY SB252

Pharmacy Benefits Managers; providing a prescription reimbursement rate for independent pharmacies and regulating other practices

NY HB866

Prohibits pharmacy benefit managers and managed care plans from reducing pharmacy reimbursements (OR +$11,093,778 SG EX See Note)

NY HB1236

Provides relative to pharmacy benefit managers reimbursements (RE1 +$2,265,844 SG EX See Note)

NY SB1354

Relating to the minimum reimbursement amount for prescription drugs and devices to health benefit plan network pharmacists and pharmacies.

NY HB2978

Relating to the minimum reimbursement amount for prescription drugs and devices to health benefit plan network pharmacists and pharmacies.

Similar Bills

KS HB2551

Enacting the Kansas pharmacy services administrative organization act.

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.

MS HB558

Pharmacy services; prohibit insurers and PBMs from requiring persons to obtain exclusively through pharmacies that they own.

MS HB1125

Pharmacy services; prohibit insurers and PBMs from requiring persons to obtain exclusively through pharmacies that they own.

NJ S2345

"Patient and Provider Protection Act."

AR SB475

To Establish The Pharmacy Services Administrative Organization Act; And To Regulate Pharmacy Services Administrative Organizations.

AZ HB2429

Pharmacy benefits; pharmacy management networks

AZ HB2813

Pharmacy benefits; workers' compensation