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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 1053
H.P. 682 House of Representatives, March 14, 2025
An Act to Ensure That Rebates from Prescription Drug
Manufacturers Are Passed on to Patients at Pharmacies
Received by the Clerk of the House on March 12, 2025. Referred to the Committee on
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by Senator ROTUNDO of Androscoggin and
Representatives: BECK of South Portland, KUHN of Falmouth, MACIAS of Topsham,
MURPHY of Scarborough, SALISBURY of Westbrook, SHAGOURY of Hallowell, TERRY
of Gorham, Senator: GROHOSKI of Hancock.
Page 1 - 132LR1522(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 24-A MRSA §4350-A, as enacted by PL 2019, c. 469, §8 and affected by
3 §9, is amended to read:
4§4350-A. Responsibility to use compensation for benefit of covered persons
51. Compensation used to reduce point-of-sale costs, or improve benefits or lower
6premiums. All compensation remitted by or on behalf of a pharmaceutical manufacturer,
7 developer or labeler, directly or indirectly, to a carrier, or to a pharmacy benefits manager
8 under contract with a carrier, related to its prescription drug benefits must be: remitted
9 directly to the covered person at the point of sale to reduce the out-of-pocket costs to the
10 covered person associated with a particular prescription drug. In implementing this
11 subsection, the superintendent may regulate a carrier or pharmacy benefits manager only
12 to the extent permitted by law.
13 A. Remitted directly to the covered person at the point of sale to reduce the out-of-
14 pocket cost to the covered person associated with a particular prescription drug; or
15 B. Remitted to, and retained by, the carrier. Compensation remitted to the carrier must
16 be applied by the carrier in its plan design and in future plan years to offset the premium
17 for covered persons.
182. Compliance. Beginning March 1, 2021 and annually thereafter Annually by March
19 1st, a carrier and a pharmacy benefits manager shall file with the superintendent a report in
20 the manner and form determined by the superintendent demonstrating how the carrier or
21 pharmacy benefits manager has complied with this section.
223. Enforcement. The superintendent may impose civil penalties and enforcement
23 actions pursuant to section 12-A on a carrier or pharmacy benefits manager that violates
24 this section.
254. Confidentiality. Information provided to the superintendent pursuant to this section
26 is confidential and may not be disclosed.
275. Federal drug discounts. This section may not be construed to affect discounts that
28 manufacturers must offer to covered entities or to apply to any covered entity under 42
29 United States Code, Section 256b.
30SUMMARY
31 This bill removes a provision that requires that compensation remitted by or on behalf
32 of a pharmaceutical manufacturer, developer or labeler to a pharmacy benefits manager be
33 remitted to the carrier if it is not remitted to the covered person. It retains the provision that
34 requires that the compensation be remitted to the covered person to reduce the out-of-
35 pocket costs associated with a prescription drug. It requires pharmacy benefits managers
36 to annually report compliance with this requirement to the Superintendent of Insurance. It
37 authorizes the superintendent to impose civil penalties and take enforcement action for
38 noncompliance by a carrier or pharmacy benefits manager. It designates the information
39 provided as confidential.
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