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Senate bill · S1913 (2025-26)

Relates to establishing the "340B prescription drug anti-discrimination act"

New York State Senate

Same as A6222, the matching bill in the Assembly.

Latest action Jun 5, 2026

Sponsor: Gustavo Rivera (State Senator, District 33, Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 19, 2026. About our data

Summary

Relates to establishing the "340B prescription drug anti-discrimination act"; prohibits pharmaceutical manufacturers and pharmacy benefit managers from discriminating against covered entities and New York state pharmacies based on participation in the drug discount program authorized by section 340B of the federal public health service act.

Summary from NY Open Legislation. How we handle summaries

Amends the Public Health Law.

Purpose, from the sponsor's memo

Section 1 provides the short title for this act to be known as the "340B prescription drug anti-discrimination act." Section 2 amends Public Health Law by adding a new section 280-d, as it relates to prescription drug discrimination prohibitions, to prohibit a pharmaceutical manufacturer, pharmacy benefit manager, outsourcing facility, or third-party logistics provider from directly or indirectly inserting additional requirements or burdens, or from restricting the utilization of contract pharmacies by covered entities under the 340B program. It provides the Commissioner of Health (COH) with the enforce- ment authority to impose civil monetary penalties on any entity found in violation and directs the COH to refer any matters in which a civil monetary penalty is imposed to the State Education Department and the Office of the Attorney General for review. Section 3 provides a severability clause. Section 4 provides an immediate effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate.

Your position on this bill

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Cosponsors

The sponsor's argument

Why Gustavo Rivera says this is needed

The 340B prescription drug anti-discrimination act seeks to prevent discriminatory practices targeting healthcare providers in New York who participate in the federal 340B program. Established by Congress to support providers serving vulnerable populations, the 340B program mandates drug manufacturers to provide discounts on outpatient drugs to clinics, hospitals, and health systems catering to low-income, rural, and medically underserved patients. By leveraging these discounts, safe- ty-net providers can extend their resources to reach more eligible patients and offer comprehensive services. However, in recent years, some pharmaceutical companies and pharmacy benefit managers have imposed restrictions and requirements on New York's 340B covered entities, thus depriving them of essential cost savings. Such actions not only discriminate against these entities but also hinder their ability to provide comprehensive care to their communities. With the implementation of the Medicaid pharmacy carve-out, New York's 340B providers face substantial losses in savings. Despite this, many continue to rely on the 340B program to save on pharmaceutical purchases for other payers, such as commercial health insurers and Medicare. However, both the pharmaceutical industry and pharmacy benefit managers have engaged in practices aimed at weakening the 340B program, including denying required discounts, imposing labor-intensive requirements, and refusing to distribute 340B drugs to hospital and contract pharmacies. These practices redirect savings intended for serving vulnerable commu- nities towards corporate profit margins. This bill aims to prohibit such discriminatory practices and ensure that the savings from the 340B program remain available to safety-net health- care providers in New York State. By safeguarding the integrity of the 3408 program, this legislation preserves vital resources for healthcare providers serving vulnerable populations, ultimately promoting equitable access to essential healthcare services across the state. The bill establishes enforcement mechanisms, including civil monetary penalties for violations, to uphold these protections and maintain the integrity of the 340B program in New York State.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 4, 2026Result: passed

    (48) (12) (0) (3)
  • Vote: Committee vote · Finance

    Senate FinanceMar 24, 2026Result: passed

    (22) (0) (0) (0)
  • Vote: Committee vote · Health

    Senate HealthJan 27, 2026Result: passed

    (14) (0) (0) (1)
  • Vote: Committee vote · Health

    Senate HealthFeb 4, 2025Result: passed

    (14) (1) (0) (0)

Full history

  1. Jun 5, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  2. Jun 4, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  3. Jun 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Mar 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Mar 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (7 earlier events)
  1. Mar 24, 2026

    1ST Report CAL.595

    1ST REPORT CAL.595

    NY Senate

  2. Jan 27, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  5. Feb 27, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  6. Feb 4, 2025

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  7. Jan 14, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

Read the record