TO GOVERNOR ANDREW CUOMO FROM PHARMACISTS UNITED FOR TRUTH AND TRANSPARENCY ON YOUR RECENT VETO OF THE NEW YORK PBM LICENSURE BILL:
By vetoing S6531, the PBM Licensure Bill:
To hold drug manufacturers “accountable” but not the middlemen who extort rebates for drug placement on formularies, and exploit pharmacies by holding them to the terms of impossible, “take it or leave it” contracts that result in the loss of pharmacy small businesses and creates pharmacy deserts statewide, is unconscionable.
You had six months to deliberate on this bill. The fact that you issued an opinion on ERISA preemption that goes against that of your own Attorney General who before the Supreme Court in 2018 filed a brief as amici curiae stating that ERISA preemption “..threatens to interfere with States’ ability to exercise their long-standing authority to regulate PBM conduct..”, and that you chose to wait until the very last moment - and in the quiet hours of the Christmas holiday - to release your decision invalidates your claim of pharmaceutical sector regulation as a priority of your administration.
Governor Cuomo, patients and pharmacies across the country looked to you to take the lead in drug pricing reform. Your decision to side with the PBM middlemen is disappointing and misguided.