| This bill specifies the fiduciary duties of pharmacy |
benefits managers and the obligation to serve the covered |
entities with whom they contract and the covered individuals |
provided health care benefits by the covered entities. The |
bill prohibits contractual terms that are inconsistent with |
the pharmacy benefits manager's fiduciary duties. The bill |
requires payment to a pharmacy benefits manager based on |
volume of certain drugs or as a result of substitution of |
drugs to be passed on to the covered entity or covered |
individuals. The bill requires disclosure of financial terms |
that apply between a pharmacy benefits manager and a |
manufacturer or labeler. The bill requires consultation with |
and agreement of the prescribing health professional or a |
representative of that professional before a pharmacy benefits |
manager may switch a prescription drug to be dispensed to a |
covered individual. The bill prohibits agreements to waive |
provisions of the law. Violations of the law are violations of |
the Maine Unfair Trade Practices Act and are enforceable by |
private action or the Attorney General. |