Chapter 93A of the General Laws is hereby amended by adding the following section:-
Section 12.(a) For the purposes of bringing an action pursuant to section 11 it shall be an unfair and deceptive trade practice for a health insurance issuer doing business in the commonwealth pursuant to the general laws or a pharmacy benefit manager to directly or indirectly charge or hold a pharmacist or pharmacy responsible for any fee related to a claim: (i) that is not apparent at the time of claim processing; (ii) that is not reported on the remittance advice of an adjudicated claim; or (iii) after the initial claim is adjudicated.
(b) For the purposes of this section, "pharmacy benefit manager" means a person, other than a pharmacy or pharmacist, who acts as an administrator in connection with pharmacy benefits or administers the (i) prescription drug, prescription device or pharmacist services or (ii) prescription drug and device and pharmacist services portion of a health benefit plan on behalf of plan sponsors as provided for in the general laws.
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