New York Pharmacy Benefits Bureau Issues Third Request for Public Comments on the Reporting Requirements for PBMs under New York Law

Since being established in May 2022, New York’s Pharmacy Benefits Bureau (“Bureau”) has requested input from the public on three separate occasions regarding New York’s laws governing Pharmacy Benefit Managers (PBMs). The Bureau’s third and most recent request seeks additional Public Comments regarding PBMs in New York. The Bureau, as an Administrative Agency, is authorized to enact rules and regulations that could potentially benefit independent pharmacy providers, plan sponsors, and other stakeholders throughout New York (and beyond). This is the Bureau’s third request for public comments—the Bureau’s first request sought public comments on the duty, accountability, and transparency of PBMs to health plans under Public Health Law Section 280-a(2). The Bureau’s second request, which is still pending, seeks comments regarding the applicability of New York’s PBM laws to PBMs providing services to Medicare Part D plans. The Bureau’s third request for public comment once again provides another unique opportunity to offer guidance directly to the Bureau on important issues involving PBMs.

In its third request for Public Comments, the Bureau seeks input and information from the public on the reporting requirements for PBMs under New York Insurance Law Section 2904. More specifically, the Bureau has asked “the public to comment on any issues or concerns they believe are relevant or appropriate for [its] consideration[.]” The Bureau further notes that “written data, views, facts, and opinions addressing these subjects” can be submitted as part of any comments offered.  

The Bureau encourages any interested parties to submit any comments by August 5, 2022. If you would like to work with Frier Levitt to participate in this process, please contact us as soon as possible as there is limited time to prepare and submit a comment to the Bureau. 

This is another important opportunity to be a leader on important issues and offer unique insight and perspective on PBMs with the Bureau and participate in New York’s rulemaking process.


Frier Levitt represents thousands of pharmacies across the United States along with other industry stakeholders, and emphasizes PBM issues (including in New York), and has successfully taken on some of the most troubling PBM tactics including improper PBM audit and recoupment practices, PBM network access issues, DIR fees and PBM reimbursement issues. Our attorneys have extensive knowledge of all aspects of PBMs as they relate to their relationships with Payors and Pharmacies. Contact us to speak with an attorney about how Payors and Pharmacies can leverage the various laws and protections afforded to such entities, including the important PBM laws in New York.