An Act to Prohibit
Maine Legislature, Session 132, LD 1580
Committee Amendment CA_A_H543 (House)
Amends: 24-A MRSA §4350-F

COMMITTEE AMENDMENT " f\ " to H,P. 1038, L,D. 1580, "An Act to Prohibit
Pharmacy Benefits Managers from Imposing Certain Fees and Pricing"
Amend the bill by striking out the title and substituting the following;
'An Act to Prohibit Carriers and Pharmacy Benefits Managers from Using Spread
Pricing'
Amend the bill by striking out everything after the enactmg clause and inserting the
following:
'See. 1. 24-A MRSA §4350-F is enacted to read:
§4350-F. Spread pricing prohibition
1. Definitions. As used in this section. unless the context otherwise indicates, the
fQllowing terms Jiaye the following meanings,
A. Pharmacy benefits manaeementfee" means _ajee^ that covers the cost of providing
one or more pharmacy benefits manager services, as described in section 4347.
subsection 17. and that does not exceed the value of the service or services achiallv
performed by the pharmacy benefits manafier,
B, "Spread oricine" means any amount chareed or claimed by a pharmacy benefits
manaeer in excess of the ineredient cost for a dispensed prescription drug plus the
dispensine fee paid directly or indirectly to any pharmacy or Dharmacist on behalf of
the health plan, less any pharmacy benefits management fee.
2. Spread pricine prohibited. A carrier or pharmacy benefits manager may not.
either directly or through an intermediary, aeent or affiliate. engage in. facilitate or enter
0 into a contract with another person mvolvine spread pricing in this State.
3. _Ajttnual certification ofcomoliance. BegmningLDecember 31, 2026 and annually
2 by December 31st thereafter, a earner, or a pharmacy benefits manager under contract with
a carrier, operating in the State shall certify to the superintendent that it has fully complied
with the requirements ofthissectionlbroughout the Brior calendar year. The certification
COMMITTEE AMENDMENT
ROS COMMITTEE AMENDMENT "A " to H.P. 1038, L.D. 1580
T\
must be signed by the chief executive officer or chief fmancial officer of the carrier or
pharmacy benefits manager,
4. Penalty. A violation of this section is subject to enforcement by the superintendent
pursuant to section 12-A.
5. Exemption. This section does not apply to the MameCare program.
6. Repeal. This section is repealed January 1. 2031.
Sec. 2. Application. This Act applies to contracts entered into or renewed on or after
January 1, 2026.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill and changes the title. The amendment prohibits so-
called spread pricing, which means amounts charged by a pharmacy benefits manager in
excess of the ingredient cost for a dispensed prescription drug and the dispensing fee paid
to the pharmacy or pharmacist less any pharmacy benefits management fee. The
amendment provides that this prohibition applies to contracts entered into or renewed on
or after January 1, 2026 and is repealed January 1,2031.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05/31/25
L-RL-
LD 1580 LR 984(02)
An Act to Prohibit Pharmacy Benefits Managers from Imposing Certain Fees and Pricing
Fiscal Note for Bill as Amended by Committee Amendment ^" ( \^-"'
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Correctional and Judicial Impact Statements
Tliis bill may increase the number of civil suits filed in the court system, The additional workload associated with the
minimal number of new cases filed in the court system does not require additional funding at this time. The collection
of additional filing fees -will increase General Fund revenue by minor amounts.
LR0984(02) - Fiscal Note - Page 1 of 1