Section 4: Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest
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/ma/part-i/title-xxii/chapter-176y/4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.