“(C) A person or entity shall be deemed to be a fiduciary with respect to a group health plan for the purposes of this Act if the person or entity—

“(i) maintains for the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage a prescription drug provider network or prescription drug formulary through the purchase of prescription drugs from a drug manufacturer, distributor, wholesaler, rebate aggregator, group purchasing organization, or any associated third party; or

“(ii) engages in, on behalf of, or in connection with, the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage—

“(I) the negotiation or aggregation of rebates, fees, discounts, or other price concessions for prescription drugs;

“(II) the processing and payment of claims for prescription drugs; or

“(III) the performance of utilization review and management for prescription drugs on behalf of a group health plan.”.

“(CC) Pharmacy benefit management services provided to a covered plan, for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd), including the establishment and maintenance of a prescription drug provider network or prescription drug formulary or through the purchase of prescription drugs from a drug manufacturer, distributor, wholesaler, rebate aggregator, group purchasing organization, or any associated third party for the covered plan.

“(DD) Third party administrative services provided to a covered plan, for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd), including establishing and maintaining a network of medical providers, adjudicating or processing health claims, maintaining records, and negotiating reimbursement rates for the covered plan.”.

“(2) Except as provided in subsection (b)(2), no person or entity deemed to be a fiduciary under section 3(21)(C) may be indemnified, directly or indirectly, or otherwise relieved from liability for any responsibility, obligation, or duty of such person or entity under this part.

“(3) Any provision of contract in violation of paragraph (2) shall be void as against public policy.”.

“(C) A person or entity shall be deemed to be a fiduciary with respect to a group health plan for the purposes of this Act if the person or entity—

“(i) maintains for the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage a prescription drug provider network or prescription drug formulary through the purchase of prescription drugs from a drug manufacturer, distributor, wholesaler, rebate aggregator, group purchasing organization, or any associated third party; or

“(ii) engages in, on behalf of, or in connection with, the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage—

“(I) the negotiation or aggregation of rebates, fees, discounts, or other price concessions for prescription drugs;

“(II) the processing and payment of claims for prescription drugs; or

“(III) the performance of utilization review and management for prescription drugs on behalf of a group health plan.”.

“(CC) Pharmacy benefit management services provided to a covered plan, for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd), including the establishment and maintenance of a prescription drug provider network or prescription drug formulary or through the purchase of prescription drugs from a drug manufacturer, distributor, wholesaler, rebate aggregator, group purchasing organization, or any associated third party for the covered plan.

“(DD) Third party administrative services provided to a covered plan, for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd), including establishing and maintaining a network of medical providers, adjudicating or processing health claims, maintaining records, and negotiating reimbursement rates for the covered plan.”.

“(2) Except as provided in subsection (b)(2), no person or entity deemed to be a fiduciary under section 3(21)(C) may be indemnified, directly or indirectly, or otherwise relieved from liability for any responsibility, obligation, or duty of such person or entity under this part.

“(3) Any provision of contract in violation of paragraph (2) shall be void as against public policy.”.