LD 554
pg. 5
Page 4 of 5 An Act To Protect Against Unfair Prescription Drug Practices LD 554 Title Page
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LR 1315
Item 1

 
SUMMARY

 
This bill specifies the fiduciary duties of pharmacy
benefits managers and the obligation to serve the covered
entities with whom they contract and the covered individuals
provided health care benefits by the covered entities. The
bill prohibits contractual terms that are inconsistent with
the pharmacy benefits manager's fiduciary duties. The bill
requires payment to a pharmacy benefits manager based on
volume of certain drugs or as a result of substitution of
drugs to be passed on to the covered entity or covered
individuals. The bill requires disclosure of financial terms
that apply between a pharmacy benefits manager and a
manufacturer or labeler. The bill requires consultation with
and agreement of the prescribing health professional or a
representative of that professional before a pharmacy benefits
manager may switch a prescription drug to be dispensed to a
covered individual. The bill prohibits agreements to waive
provisions of the law. Violations of the law are violations of
the Maine Unfair Trade Practices Act and are enforceable by
private action or the Attorney General.


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