F.__A pharmacy benefits manager that derives any payment or benefit for the dispensation of prescription drugs within the State based on volume of sales for certain prescription drugs or classes or brands of drugs within the State shall pass that payment or benefit on in full to the covered entity or covered individuals.

G.__A pharmacy benefits manager shall disclose to the covered entity all financial terms and arrangements for remuneration of any kind that apply between the pharmacy benefits manager and any prescription drug manufacturer or labeler, including, without limitation, formulary management and drug-switch programs, educational support, claims processing and pharmacy network fees that are charged from retail pharmacies and data sales fees.

3.__Prohibition.__A pharmacy benefits manager may not in a contract with a covered entity or a prescription drug manufacturer or labeler accept or agree to an obligation that is inconsistent with the fiduciary duties imposed by subsection 2, ERISA or other state or federal law.

4.__Waiver prohibited.__Any agreement to waive the provisions of this section is against public policy and void.

5.__Enforcement.__A violation of this section is a violation of the Maine Unfair Trade Practices Act.__Compliance with this section may be enforced through private action or action by the Attorney General.

A.__A covered entity, covered individual or other person injured as a result of a violation of this section is eligible to bring a private action as a person pursuant to the Unfair Trade Practices Act.

B.__An action by the Attorney General pursuant to this subsection is subject to the provisions of this paragraph and the Maine Unfair Trade Practices Act.__Each violation of this section is a civil violation for which the Attorney General may obtain, in addition to other remedies, injunctive relief and a fine in an amount not to exceed $10,000 per violation, plus the costs of suit, including necessary and reasonable investigative costs, reasonable expert fees and reasonable attorney's fees.