Mass. Gen. Laws ch. 176Y, § 4 – Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest | Midpage
§ 4
Mass. Gen. Laws ch. 176Y, § 4
Payment to pharmacy benefit consultants or brokers prohibited; conflicts of interest
(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.