Chapter 175H of the General Laws is hereby amended by inserting after section 3 the following section:-

Section 3A. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Copay assistance program”, a type of financial assistance program that helps patients pay for their out-of-pocket costs related to healthcare services.

“Department”, the department of public health pursuant to chapter 111.

(b) Notwithstanding any general or special law to the contrary, a copay assistance program offered by manufacturers of both branded and generic medications shall be permitted for all residents of the commonwealth, subject to the following conditions:

(1) Copay assistance programs shall be made available to all patients prescribed the medication, regardless of the insurance status of the patient, unless otherwise prohibited by federal law.

(2) Manufacturers offering copay assistance programs shall notify the department the availability of such programs, including detailed program descriptions and eligibility criteria.

(3) The department shall ensure that information regarding copay assistance programs are readily available to the public and healthcare providers.

(4) Manufacturers of generic medications and their suppliers shall not be subject to any fines or penalties for participating in the copay assistance program.