Amendment #542 to H4400

Pharmaceutical "Gag Clauses"

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren move to amend the bill by adding the following section:-

“SECTION XX. (a) Notwithstanding any general or special law to the contrary, no contract for pharmacy services between a health insurance carrier or pharmacy benefits manager and a pharmacy or pharmacist shall contain a provision prohibiting or penalizing a pharmacist’s disclosure to an insured individual purchasing a covered prescription medication of information regarding (i) the cost of the prescription medication to the individual, and (ii) the availability of any equivalent medication or alternative methods of purchasing the prescription medication, including, but not limited to, paying a cash price, which may be less expensive than the cost of the prescription medication to the individual.

(b) No health insurance carrier or pharmacy benefits manager shall require an individual to make a payment at the point of sale for a covered prescription medication in an amount greater than the amount an individual would pay for the prescription medication if the individual purchased the prescription medication without using a health insurance plan.”

Additional co-sponsor(s) added to Amendment #542 to H4400

Pharmaceutical "Gag Clauses"