LD 554
pg. 4
Page 3 of 4 PUBLIC Law Chapter 456 LD 554 Title Page
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LR 1315
Item 1

 
obtain the approval of the prescribing health
professional or that person's authorized representative
after disclosing to the covered individual and the
covered entity the cost of both drugs and any benefit or
payment directly or indirectly accruing to the pharmacy
benefits manager as a result of the substitution.

 
(3)__The pharmacy benefits manager shall transfer in
full to the covered entity any benefit or payment
received in any form by the pharmacy benefits manager
as a result of a prescription drug substitution under
subparagraph (1) or (2).

 
F.__A pharmacy benefits manager that derives any payment or
benefit for the dispensation of prescription drugs within
the State based on volume of sales for certain prescription
drugs or classes or brands of drugs within the State shall
pass that payment or benefit on in full to the covered
entity.

 
G.__A pharmacy benefits manager shall disclose to the
covered entity all financial terms and arrangements for
remuneration of any kind that apply between the pharmacy
benefits manager and any prescription drug manufacturer or
labeler, including, without limitation, formulary management
and drug-switch programs, educational support, claims
processing and pharmacy network fees that are charged from
retail pharmacies and data sales fees.

 
3.__Compliance.__Compliance with the requirements of this
section is required in all contracts for pharmacy benefits
management entered into in this State or by a covered entity in
this State.

 
4.__Enforcement.__A violation of this section is a violation of
the Maine Unfair Trade Practices Act, for which a fine of not more than
$10,000 may be adjudged.


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