An Act To Protect Consumers from Unfair Practices Related to Pharmacy Benefits Management
Sec. 1. 22 MRSA §1711-E, sub-§1, ¶G, as amended by PL 2011, c. 443, §1, is further amended to read:
Sec. 2. 22 MRSA §8702, sub-§8-B, as amended by PL 2011, c. 443, §3, is further amended to read:
Sec. 3. 24-A MRSA §601, sub-§28, as enacted by PL 2009, c. 581, §3, is repealed.
Sec. 4. 24-A MRSA §601, sub-§28-A is enacted to read:
Sec. 5. 24-A MRSA §1913, as repealed and replaced by PL 2011, c. 443, §4, is repealed.
Sec. 6. 24-A MRSA §4317, sub-§12, as enacted by PL 2015, c. 450, §1, is repealed.
Sec. 7. 24-A MRSA §4317, sub-§13, as enacted by PL 2017, c. 44, §1, is repealed.
Sec. 8. 24-A MRSA c. 56-C is enacted to read:
HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS
§ 4347. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 4348. Licensure of pharmacy benefits managers
Beginning January 1, 2020, a person may not act as a pharmacy benefits manager in this State without first obtaining a license from the superintendent in accordance with this section and paying the licensing fee required under section 601, subsection 28-A.
§ 4349. Oversight and contracting responsibilities
§ 4350. Prescription drug pricing; maximum allowable cost
§ 4350-A. Responsibility to use compensation for benefit of covered persons
§ 4350-B. Prescription drug formularies; pharmacy and therapeutics committee
§ 4350-C. Access to records; audits
§ 4350-D. Treatment of pharmacy benefits manager compensation
(1) The value of payments made by a carrier of a health plan to its pharmacy benefits manager; and
(2) The value of payments made by the pharmacy benefits manager to dispensing pharmacists for the provision of prescription drugs or pharmacy services with regard to pharmacy benefits covered by the health plan.
A carrier may claim only the amounts paid by the pharmacy benefits manager to a pharmacy or pharmacist as an incurred claim.
§ 4350-E. Effective date
This chapter takes effect January 1, 2020.
Sec. 9. Effective date. This Act takes effect January 1, 2020.