Resolve, To Ensure Access to Life-sustaining Pharmaceuticals
Maine Legislature, Session 121, LD 1811
Committee: Health and Human Services
Sponsors: DUDLEY, BRENNAN, EARLE, PARADIS, WALCOTT, HALL

12lst MAINE LEGISLATURE 
Legislative Document 
No. ISH 
H.P.1333 
House of Representatives, December 22, 2003 
Resolve, To Ensure Access to Life-sustaining Pharmaceuticals 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17,2003. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by Senator BRENNAN of Cumberland and 
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frl.1JJti£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati ves: CRAVEN of Lewiston, EARLE of Damariscotta, PARADIS of Frenchville, 
WALCOTT of Lewiston, Senator: HALL of Lincoln. 
Printed on recycled paper 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
resolves 
of 
the 
until 
days 
after 
and 
Whereas, persons with acquired immune deficiency syndrome 
and persons with severe and persistent mental illness who are 
enrolled in the MaineCare 
program have particular 
needs 
for 
prescription drugs for their complex medical conditions; and 
Whereas, exemption from 
process by July 1, 
2004 will 
persons and the State; and 
the MaineCare prior authorization 
best serve the health of those 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Rulemaking. Resolved: 
That the Department of Human 
Services shall adopt rules to ensure access to life-sustaining 
pharmaceuticals 
for 
persons 
diagnosed 
with 
acquired 
immune 
deficiency syndrome or severe and persistent mental illness who 
are enrolled in the MaineCare program. 
Rules adopted pursuant to 
this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A. The rules 
must provide for access beginning July 1, 2004 to certain drugs 
that have been prescribed by a person authorized to prescribe 
under the laws of this State, that access to be available without 
completion of a prior authorization process, as follows: 
1. 
For persons with acquired immune deficiency syndrome, 
the rules must provide access to the prescribed drugs; and 
2. 
For persons with severe and persistent mental illness, 
the rules must provide access as follows: 
A. 
For a person who has been stabilized on a prescription 
drug or drugs while an inpatient in a hospital, the rules 
must 
provide 
access 
to 
that 
drug 
or 
those 
drugs 
when 
prescribed after discharge from the hospital; 
B. 
For a person who has a diagnosis of bipolar disorder, 
the rules must provide access to the following prescribed 
drugs: Lamictal, Gabitril, Neurontin and Topamax; 
C. 
For a person who has a diagnosis of bipolar disorder, 
schizophrenia or schizoaffective disorder, the rules must 
Page l-LR2556(1) 
provide access to the following prescribed drugs: Seroquel, 
Risperidone, Geodon, Zyprexa and Abilify; and 
D. 
For a 
prescribed 
drugs. 
person whose medical condition 
drugs, 
the rules must provide 
is stabilized on 
access to those 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve directs the Department of Human Services to 
adopt 
rules 
for 
the 
MaineCare 
program to provide access 
to 
certain prescribed drugs, without requiring completion of a prior 
authorization 
process, 
for 
persons 
with 
acquired 
immune 
deficiency 
syndrome 
and 
for 
persons with certain severe 
and 
persistent mental illnesses.