958 C.M.R. 9.04 – Pharmaceutical Benefit Manager Assessment

(1) General. The Commission shall establish an assessment on all Pharmaceutical Benefit Managers licensed pursuant to M.G.L. c. 176Y.
(2) Claims Subject to Assessment. Claims paid for Massachusetts residents for the most recent calendar year, as reported to the Division pursuant to M.G.L. c. 176Y or the Center pursuant to M.G.L. c. 12C or any regulations promulgated thereunder, are subject to assessment.
(3) Calculation of the Pharmaceutical Benefit Manager Assessment Percentage. Using the best information available as determined by the Commission, the Commission shall calculate each Pharmaceutical Benefit Manager Assessment Percentage by dividing an individual Pharmaceutical Benefit Manager's Claims Subject to Assessment during the last Fiscal Year for which complete data was received by the Division or the Center by the total of all such claims paid by all Pharmaceutical Benefit Managers reported to the Division or the Center.
(4) Pharmaceutical Benefit Manager Liability. The assessment liability for each Pharmaceutical Benefit Manager is the product of
1. (a) the Pharmaceutical Benefit Manager Assessment Percentage, as defined in 958 CMR 9.04(3), and
2. (b) 10 % of Commission Expenses.
(5) Payment Process.
1. (a) Unless otherwise specified by the Commission, each Pharmaceutical Benefit Manager shall make a preliminary payment to the Commission on October 1st of each year in an amount equal to one-half of the Pharmaceutical Benefit Manager's previous year's total assessment.
2. (b) Each Pharmaceutical Benefit Manager shall pay, within 30 days' notice from the Commission, the balance of its total assessment.
3. (c) The Commission shall, using the best information available as determined by the Commission, adjust the assessment to account for any variation in actual Commission Expenses.
4. (d) All assessment payments must be payable to the Commonwealth of Massachusetts in United States dollars and drawn on a United States bank