New York legislation · 2025-2026 General Assembly
New York S5939: Relates to payments by a pharmacy benefit manager to participating pharmacies
Status: Passed both chambers, June 5, 2026
Requires a pharmacy benefit manager to pay a participating pharmacy at minimum at the national average drug acquisition cost (NADAC) rate, or at the pharmacy acquisition cost rate if greater or there is not a NADAC rate, plus a professional dispensing fee that is at minimum the professional dispensing fee paid under the state medical assistance program.
What the bill says
An act to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies.
From the amended text, March 11, 2026:
AN ACT to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 280-a of the public health law is amended by adding two new paragraphs (j) and (k) to read as follows: (J) "PHARMACY ACQUISITION COST RATE" MEANS THE COST PAID BY A PARTICIPATING PHARMACY TO ACQUIRE GENERIC, BRAND NAME DRUGS, OR BIOLOGIC PRODUCTS, OR DRUGS PRODUCED THROUGH GENETIC TECHNOLOGY OR BIOPHARMACEUTICAL PROCESSES PURSUANT TO COST INVOICES FROM THE PHARMACY. (K) "NATIONAL AVERAGE DRUG ACQUISITION COST" MEANS THE MONTHLY SURVEY OF RETAIL PHARMACIES CONDUCTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO DETERMINE AVERAGE ACQUISITION COST FOR MEDICAID COVERED OUTPATIENT DRUGS. § 2. Subdivision 3 of section 280-a of the public health law, as amended by chapter 128 of the laws of 2022, is amended to read as matter in brackets [ ] is old law to be omitted. LBD01972-09-6 S. 5939--C 2 3. Prescriptions. (A) A pharmacy benefit manager may not substitute or cause the substituting of one prescription drug for another in dispensing a prescription, or alter or cause the altering of the terms of a prescription, except with the approval …
Sponsors
- James Skoufis (D, 42) · primary sponsor
- Joseph Addabbo (D, 15)
- Siela Bynoe (D, 6)
- Jeremy Cooney (D, 56)
- Patricia Fahy (D, 46)
- Nathalia Fernandez (D, 34)
- Patrick Gallivan (R, 60)
- Joseph Griffo (R, 53)
- Michelle Hinchey (D, 41)
- Robert Jackson (D, 31)
- John Liu (D, 16)
- Jack Martins (R, 7)
Latest actions
- : RETURNED TO SENATE
- : PASSED ASSEMBLY
- : ORDERED TO THIRD READING RULES CAL.483
- : SUBSTITUTED FOR A5882C
- : REFERRED TO WAYS AND MEANS
- : RETURNED TO ASSEMBLY
- : REPASSED SENATE
- : AMENDED ON THIRD READING 5939C
- : VOTE RECONSIDERED - RESTORED TO THIRD READING
- : RETURNED TO SENATE
Votes
- FLOOR Vote (May 28, 2026): 58 yea, 2 nay, passed
- FLOOR Vote (February 24, 2026): 55 yea, 1 nay, passed
- Senate Health Committee: COMMITTEE Vote (February 9, 2026): 14 yea, 0 nay, passed
- Senate Health Committee (February 9, 2026): 14 yea, 0 nay, passed
- FLOOR Vote (June 13, 2025): 57 yea, 2 nay, passed
- Senate Rules Committee: COMMITTEE Vote (June 12, 2025): 20 yea, 0 nay, passed
Subjects: Public Health Law
Common questions
- What is S5939?
- S5939 is a bill in the New York Legislature (2025-2026 General Assembly): Relates to payments by a pharmacy benefit manager to participating pharmacies.
- What does S5939 do?
- In its own words: An act to amend the public health law and the insurance law, in relation to payments by pharmacy benefit managers to participating pharmacies.
- What is the status of S5939?
- Passed both chambers as of June 5, 2026. Latest action: RETURNED TO SENATE (June 5, 2026).
- Who sponsored S5939?
- James Skoufis (D, 42), with 11 co-sponsors.
- Where is the official record for S5939?
- On the New York Legislature website: https://www.nysenate.gov/legislation/bills/2025/S5939
Source: official New York record. Tracked by Delilah, AI for legislation across all 50 states and Congress.