Amendment #16 to H4891

PBM Non Compliance Penalties

Mr. Robertson of Tewksbury moves to amend the amendment in section 36 by striking paragraphs (a) and (b) in lines 1017- 1024 and replacing it with the following new language:-

(a) A pharmacy benefit manager shall be subject to a surcharge payable to the division equal to 10 per cent of the aggregate dollar amount of reimbursements paid by the pharmacy benefit manager or carrier to pharmacies in the previous contract year for prescription drugs in the commonwealth if the pharmacy benefit manager: (i) engages in spread pricing; or (ii) imposes point-of-sale fees or retroactive fees.

(b) A pharmacy benefit manager subject to enforcement action by the division for a violation of this section shall, upon the filing of a written request with the division, be afforded an adjudicatory hearing pursuant to chapter 30A.