APPROVED CHAPTER
JUNE 12, 2025 291
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 1038 - L.D. 1580
An Act to Prohibit Carriers and Pharmacy Benefits Managers from Using
Spread Pricing
Be it enacted by the People of the State of Maine as follows:
Sec. 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
following terms have the following meanings.
A. "Pharmacy benefits management fee" means a fee 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 actually
performed by the pharmacy benefits manager.
B. "Spread pricing" means any amount charged or claimed by a pharmacy benefits
manager in excess of the ingredient cost for a dispensed prescription drug plus the
dispensing fee paid directly or indirectly to any pharmacy or pharmacist on behalf of
the health plan, less any pharmacy benefits management fee.
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 This section is repealed January 1, 2031.
Page 1 - 132LR0984(03)
 Sec. 2. Application. This Act applies to contracts entered into or renewed on or after
January 1, 2026.
Page 2 - 132LR0984(03)