An Act To Make Emergency Changes to Recent Law
Maine Legislature, Session 121, LD 1897
Senate Amendment SA_A_S416 (Senate)
Amends: 22 MRSA §2699

SENATE AMENDMENT "It" to H.P. 1404, L.D. 1897, Bill, "An Act 
To Make Emergency Changes to Recent Law" 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 22 MRSA §2699, sub-§2, 1I1ID and G, as enacted by PL 
2003, c. 456, §l, are amended to read: 
D. 
A pharmacy benefits manager shall provide to a covered 
entity all financial and utilization information requested 
by the covered entity relating to the provision of benefits 
to covered individuals through that covered entity and all 
financial and utilization information relating to services 
to 
that 
covered 
entity. 
A 
pharmacy 
benefits 
manager 
providing information under this paragraph may 
designate 
that material as confidential. 
Information designated as 
confidential by a pharmacy benefits manager and provided to 
a covered entity under this paragraph may not be disclosed 
by the covered entity to any person without the consent of 
the pharmacy benefits manager, except that disclosure may be 
maae--4B--~--~~--~~~-~---&G&-~~~--YBfaiF--±Faae 
PFae~iees-A€~-~-~~~~~~-~~-Ae~-eF ordered by a 
court of this State for good cause shown or made in a court 
filing under seal unless or until otherwise ordered by a 
~. Nothing 
in 
this 
paragraph 
limits 
the 
Attorney 
General's use of civil investigative demand authority under 
the 
Maine 
Unfair 
Trade 
Practices 
Act 
to 
investigate 
violations of this section. 
Page l-LR2694(4) 
SENATE AMENDMENT 
u.i 
'Ii 
C 
SENATE AMENDMENT ,A " to H.P. 1404, L.D. 1897 
G. 
A pharmacy benefits 
manager 
shall disclose 
to 
the 
covered entity all financial 
terms 
and 
arrangements for 
remuneration of any kind that apply between the pharmacy 
benefits manager and any prescription drug manufacturer or 
labeler, including, without limitation, formulary management 
and 
drug-switch 
programs, 
educational 
support, 
claims 
processing and pharmacy network fees that are charged from 
retail pharmacies and data sales fees. 
A pharmacy benefits 
manager 
providing 
information 
under 
this 
paragraph 
may 
designate 
that 
material 
as 
confidential. 
Information 
designated as confidential by a pharmacy benefits manager 
and provided to a covered entity under this paragraph may 
not be disclosed by the covered entity to any person without 
the consent of the pharmacy benefits manager. except that, 
disclosure may be ordered by a court of this State for good 
cause shown or made in a court filing under seal unless or 
until 
otherwise 
ordered 
by 
a 
court. 
Nothing 
in this 
paragraph 
limits 
the 
Attorney 
General's 
use 
of 
civil 
investigative demand authority under the Maine Unfair Trade 
Practices Act to investigate violations of this section. 
Sec. 8. 22 MRSA §2699, sub-§5 is enacted to read: 
5. 
A2Plication. 
This section applies to contracts executed 
or renewed on or after September 13. 2003. 
For the purposes of 
this subsection. a contract executed pursuant to a memorandum of 
agreement executed prior to September 13. 2003 is deemed to have 
been executed prior to September 13. 2003 even if the contract 
was executed after that date. 
Sec. 9. Retroactivity. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 22, section 2699, subsection 2, 
paragraphs D and G and enact Title 22, section 2699, subsection 5 
apply retroactively to September 13, 2003.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This 
amendment 
clarifies 
that 
documents 
that 
pharmacy 
benefits managers are routinely required to provide to covered 
entities may be designated confidential by the pharmacy benefits 
managers and must be treated as such by the covered entity. 
These reporting requirements are routine reporting requirements 
and are not intended to displace the rules of discovery in the 
context of litigation. 
It is made expressly clear that the 
SENATE AMENDMENT 
Gf 
.. 
~ 
SENATE AMENDMENT .. A 
.. to H.P. 1404, L.D. 1897 
confidentiality of 
these 
documents 
as 
between 
the 
pharmacy 
benefits managers and the covered entities does not affect the 
Attorney General's ability to investigate under the Maine Unfair 
Trade 
Practices 
Act. 
The 
confidentiality 
of 
the 
Attorney 
General's 
investigations 
is 
governed 
by 
the 
Maine 
Revised 
Statutes, Title 5, section 211. 
The 
new pharmacy benefits management 
law was enacted by 
Public Law 2003, chapter 456. 
It took effect as nonemergency 
legislation on September 13, 2003. 
This amendment clarifies that 
the new law applies to contracts executed or renewed on or after 
September 13, 2003. 
A contract executed pursuant to a memorandum 
of agreement that was executed prior to September 13, 
2003 is 
deemed a contract executed prior to September 13, 2003 even if 
the contract itself was executed at a later date. 
COUNTY: 
Cumberland 
SENATE AMENDMENT