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Amend the amendment by inserting after the title the following:
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Amend the bill by inserting before section 1 the following:
‘Sec. 1.  5 MRSA §1816-B  is enacted to read:
§ 1816-B. Award of pharmacy benefits management contracts
A state agency, public instrumentality, quasi-municipal corporation or other public entity may not contract for pharmacy benefits management services with a health maintenance organization established under Title 24-A, section 4203, a pharmacy benefits manager registered with the Department of Professional and Financial Regulation, Bureau of Insurance under Title 24-A, section 1913 or any other entity for the purpose of management of pharmacy benefits provided by the state agency, public instrumentality, quasi-municipal corporation or other public entity if the health maintenance organization, pharmacy benefits manager or entity that manages pharmacy benefits has in the 3 years prior to the date of the contract, in connection with a bid, proposal or contract with a governmental entity:
 
1.  Misrepresentation or fraud.     Made a misrepresentation of a material fact or committed fraud;
 
2.  Conviction.     Been convicted of a violation of state or federal law; or
 
3.  Assessment of penalty or fine.     Been assessed a penalty or fine of $500,000 or more in a state or federal administrative proceeding.
 
SUMMARY
This amendment amends Committee Amendment "A". This amendment prohibits a state agency, public instrumentality, quasi-municipal corporation or other public entity from contracting for pharmacy services with an entity that has, within the prior 3 years, misrepresented a material fact or committed fraud, been convicted of a violation of state or federal law or been assessed a penalty or fine of $500,000 or more.