Hamberger & Weiss LLP


Still No Word on Pharmacy Formulary

At the end of last year, the Board announced draft regulations for a proposed New York State Pharmacy Formulary. WCL §13-p, which became law in April 2017, required the Board to "establish a comprehensive prescription drug formulary on or before" 12/31/17. To date, we have only seen a draft formulary and the proposed rules published in December 2017. In February 2018, we published an extensive white paper with our summary and analysis of the proposed formulary and regulations. Among other things, we believed that the proposed pharmacy formulary would result in lower costs for employers and carriers.

The proposed formulary was supposed to become effective 7/1/18, but our review of the State Register shows that the proposed regulations were never finalized. The Board has been silent regarding the formulary and seemingly is violating its statutory requirement to “establish a comprehensive prescription drug formulary on or before” 12/31/17. WCL §13-p.

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