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SENATE DOCKET, NO. 90 FILED ON: 1/10/2023
SENATE . . . . . . . . . . . . . . No. 714
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to pharmaceutical "gag clauses".
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2
SENATE DOCKET, NO. 90 FILED ON: 1/10/2023
SENATE . . . . . . . . . . . . . . No. 714
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 714) of Bruce E. Tarr for legislation
relative to pharmaceutical "gag clauses". Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 652 OF 2019-2020.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to pharmaceutical "gag clauses".
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Notwithstanding any general or special law to the contrary, no contract for
2pharmacy services between a health insurance carrier or pharmacy benefits manager and a
3pharmacy or pharmacist shall contain a provision prohibiting or penalizing a pharmacist’s
4disclosure to an insured individual purchasing a covered prescription medication of information
5regarding: (i) the cost of the prescription medication to the individual, and (ii) the availability of
6any equivalent medication or alternative methods of purchasing the prescription medication,
7including, but not limited to, paying a cash price, which may be less expensive than the cost of
8the prescription medication to the individual.
9 (b) No health insurance carrier or pharmacy benefits manager shall require an individual
10to make a payment at the point of sale for a covered prescription medication in an amount greater 2 of 2
11than the amount an individual would pay for the prescription medication if the individual
12purchased the prescription medication without using a health insurance plan.