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The 194th General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title XXII CORPORATIONS
  4. Chapter 176Y LICENSING AND REGULATION OF PHARMACY BENEFIT MANAGERS
  5. Section 4 Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest

Section 4

Section 4: Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest

[ Text of section added by 2024, 342, Sec. 37 effective April 8, 2025.]

  Section 4. (a) A pharmacy benefit manager shall not make payments to a pharmacy benefit consultant or broker whose services were obtained by a health benefit plan sponsor to work on the pharmacy benefit bidding or contracting process if the payment constitutes a conflict of interest, as determined by the commissioner. For purposes of this section, payments from a pharmacy benefit manager to a pharmacy benefit consultant or broker shall include, but not be limited to: (i) shared rebates from pharmaceutical manufacturers; (ii) per prescription fees; (iii) per member fees; (iv) referral fees; (v) bonuses; or (vi) any other financial arrangement the commissioner considers to be a conflict of interest.

  (b) The division shall adopt any written policies or procedures or promulgate regulations that the division determines are necessary to implement this section.