New York’s PBM Bureau Issues First Request for Comments and Data of 2024

Since being established in May 2022, New York’s Pharmacy Benefits Bureau (“Bureau”) has requested input from the public on multiple occasions regarding New York’s laws governing Pharmacy Benefit Managers (PBMs). The Bureau has now issued its first Request for Comments and Data of 2024. This most recent request seeks Public Comments and Data regarding PBMs, more specifically seeking information concerning “Market Conduct Practices by [PBMs] in New York State.” It is important to note that 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 request for public comment once again presents a unique opportunity to offer guidance directly to the Bureau on important issues involving PBMs.

This Request for Comments and Data on PBMs not only follows the Department of Financial Services (“DFS”) (the Department which oversees the Bureau) prior Requests, but also a the withdraw of previously proposed PBM rules and regulations, which the Department has referred to as “an initial set of PBM market conduct rules[.]” In introducing this Request for Comments and Data, the DFS and the Bureau commented that “as the [DFS] weighs the best options to address [PBM] issues, the [DFS] seeks public comments, evidence . . . and personal experiences from any interested parties . . . related to PBM conduct in New York State[.]” The topics the DFS seeks input on include:

  • Minimum Network Adequacy Requirements
  • Limits on Midyear Formulary Changes
  • Use of Drug Manufacturer Rebates
  • Aberrant Quantity/Product List Restrictions on Pharmacies

The DFS and Bureau will be accepting Comments and Data from interested parties and stakeholders until May 1, 2024. To participate in this process, contact Frier Levitt to learn how you can participate directly. Frier Levitt has prior experience submitting comments and data to the DFS and the Bureau and can assist interested parties and stakeholders in this process.

How Frier Levitt Can Help

Frier Levitt has represented thousands of pharmacies, pharmacists, and pharmacy technicians across the United States as well as various other providers and industry stakeholders with an emphasis on PBM issues as well as administrative agency actions including at federal and state levels. Frier Levitt has also been active in working with interested parties in stakeholders in the legislative process including at the state level in submitting comments to agencies who embark on the rulemaking process. Contact us to speak with an attorney to learn how Frier Levitt can assist with submitting comments on your behalf.