P.R. Laws tit. 26, § 9051
(a) No pharmacy, pharmacy benefit manager (PBM), drug manufacturer or distributor, or health insurance organization or issuer shall encourage the practice or participate in incentives programs, or bonus programs or similar transactions directed to healthcare professionals in order to influence them, directly or indirectly, to write prescriptions, prescribe, dispense, or exchange certain bioequivalent drugs for a brand-name drug or vice versa.
(b) Healthcare professionals are hereby banned from receiving or participating in incentives or bonus programs, or other similar transactions, sponsored by a pharmacy, pharmacy benefit manager (PBM), drug manufacturer or distributor, or health insurance organization or issuer in order to influence healthcare professionals, directly or indirectly, to write prescriptions, prescribe, dispense, or exchange certain bioequivalent drugs for a brand-name drug or vice versa.
(c) Notwithstanding subsections (a) and (b) of this section, there shall be allowed the establishment of incentives or bonus programs, or other similar transactions based on the positive results achieved in the management or control of the clinical or health condition of covered persons or enrollees, in accordance with healthcare quality standards established by national organizations devoted to improve results in healthcare, such as the Healthcare Effectiveness Data and Information Set. These programs shall be implemented for the purpose of improving and obtaining optimum results in healthcare management and must meet the parameters that allow sufficient time to identify patterns in the results of the management or control of the clinical or health condition of covered persons or enrollees.
The persons or entities that establish incentives or bonus programs, or other similar transactions, shall submit them to the Commissioner within ninety (90) days before the effective date of such programs, so that the Commissioner may evaluate and approve the same in accordance with the provisions set forth herein. The Commissioner shall prescribe by regulations the criteria to be used to evaluate such programs. Such criteria shall take into account the healthcare quality standards established by the national organizations devoted to improve results in health care, such as the Healthcare Effectiveness Data and Information Set.
(d) The Commissioner may establish those rules and regulations deemed necessary to implement the provisions of this section.
(e) Any person who violates the provisions of this section, in addition to any other penalty established in this Code or the laws of the Government of Puerto Rico, shall be subject to a fine in an amount equal to three times the amount received or granted on account of incentives or bonuses.
History —Aug. 29, 2011, No. 194, § 4.110, eff. 180 days after Aug. 29, 2011.