N.Y. Comp. Codes R. & Regs. tit. 11 § 456.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 456.1 - Applicability and definitions

(a) Subject to the exclusions set forth in section 450.7 of this Title, this Part shall apply to any pharmacy contract signed, issued, assigned, renewed, extended, amended, or otherwise modified on or after July 1, 2025. Notwithstanding the foregoing, any provision in a pharmacy contract that conflicts with the provisions of this Part shall be deemed void and unenforceable on and after January 1, 2027.

(b) As used in this Part:

(1)Affiliated Pharmacy shall mean, for each pharmacy benefit manager, a pharmacy that controls, is controlled by, or under common control with such pharmacy benefit manager.

(2)Pharmacy shall mean a pharmacist or pharmacy licensed by the New York State Board of Pharmacy, or any agent or representative acting on behalf of the pharmacist or pharmacy who or that is physically located in this State or who or that is under contract with a pharmacy benefit manager to provide pharmacy services via the mail to covered individuals in this State.

(3)Pharmacy benefit manager shall have the same meaning as defined in Public Health Law section 280-a(1)(c) and shall include any representative, subcontractor, affiliate, subsidiary, or other individual or entity acting on behalf of a pharmacy benefit manager. A pharmacy benefit manager shall not include an affiliated pharmacy.

(4)Pharmacy Contract shall mean any agreement and any amendments or other information incorporated by reference into such agreement, including a pharmacy provider manual, entered into by a pharmacy benefit manager with a pharmacy or a pharmacy's contracting agent.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 456.1

Adopted New York State Register November 27, 2024/Volume XLVI, Issue 48, eff. 11/27/2024