Massachusetts Statutes

§ 4 — Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest

Massachusetts·Part I ADMINISTRATION OF THE GOVERNMENT·Title XXII CORPORATIONS·Ch. 176Y LICENSING AND REGULATION OF PHARMACY BENEFIT MANAGERS

[ 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

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