Maine Revised Statutes Title 24-A. Maine Insurance Code § 4350-F. Spread pricing prohibition

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2. Spread pricing prohibited. A carrier or pharmacy benefits manager may not, either directly or through an intermediary, agent or affiliate, engage in, facilitate or enter into a contract with another person involving spread pricing in this State.

3. Annual certification of compliance. Beginning December 31, 2026 and annually by December 31st thereafter, a carrier, 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 of this section throughout the prior calendar year. The certification must be signed by the chief executive officer or chief financial 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 MaineCare program.

6. Repeal. This section is repealed January 1, 2031.