On July 8, 2012, Massachusetts Governor Deval Patrick signed into law the fiscal year 2013 state budget (“Budget“), which included, among other things, amendments to the Massachusetts “all-payor” anti-kickback statute—Mass. Gen. Laws ch. 175H §3 (“Massachusetts Anti-Kickback Statute” or “Statute“). The Massachusetts Anti-Kickback Statute generally prohibits the solicitation of, and improper inducements for the use of, goods, facilities, services, or products for which payment is or may be made, in whole or in part, by a health care insurer. The changes effectuated by the Budget may have significant implications for pharmaceutical coupons/discount programs.
The Budget included an exception to the Statute for certain coupons. Specifically, the following language was added to the Statute: