NY Pharmacy Benefits Bureau Issues Second Request for Public Comments on the Applicability of New York Laws to PBMs Providing Services to Medicare Part D Plans

The New York State Department of Financial Services’ recently established Pharmacy Benefits Bureau (“Bureau”) has requested additional Public Comments regarding Pharmacy Benefit Managers (“PBMs”) in New York. The Bureau, as an Administrative Agency, has the authority to enact rules and regulations that could potentially benefit independent pharmacy providers, plan sponsors, and other interested stakeholders throughout New York (and beyond). This is the Bureau’s second 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 for public comment provides another unique opportunity to offer guidance to the Bureau on important issues involving PBMs.

The Bureau seeks input and information from the public on whether and how the Bureau should implement and enforce New York’s PBM laws on PBMs when the PBM is providing services to Medicare Part D plans based on the legal doctrine of preemption. Because of preemption, there are instances where certain state laws may not be enforceable in an area that is governed by federal law—this is an important but also complex issue. In this instance, the Bureau is acting prudently to ensure that as it engages in the process of administrative rulemaking, it implements rules that will be enforceable, and not preempted, including as it relates to PBMs providing services to Medicare Part D Plans.  

The Bureau encourages any interested parties to comment on any issues or concerns relevant or appropriate for their consideration and to submit written data, views, facts, and opinions addressing the issues by August 1, 2022. If you would like to work with Frier Levitt to participate in this process, please contact the firm 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. Frier Levitt has extensive knowledge of all aspects of PBMs as it relates to their relationships with Payors and Pharmacies including pronounced experience in the Medicare space. Contact us today 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 now in effect in New York.