An Act To Ensure Disclosure of Prescription Drug Prices LR 2650(02)
Maine Legislature, Session 121, LD 1890
Committee Amendment CA_A_S496 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 736, L.D. 1890, 
Act To Ensure Disclosure of Prescription Drug Prices" 
Amend 
the 
bill 
in 
section 
in 
that part 
"§2698-B." in subsection 1 in the 2nd line (page 1, 
L.D.) by inserting after the following: 
"~" the 
'under a health program directed or administered by the 
Bill, "An 
designated 
line 8 in 
following: 
State' 
Further amend the bill in section 1 in that part designated 
"§2698-B." by inserting after subsection 4 the following: 
'5. 
Confidentiality. 
Except 
as 
provided 
in 
this 
subsection, all information provided to the commissioner by a 
manufacturer 
of 
prescription 
drugs 
under 
this 
section 
is 
confidential and may not be disclosed by any person or by the 
department 
to 
any 
person 
without 
the 
consent 
of 
the 
manufacturer. 
Disclosure may be made by the department to an 
entity providing services to the department under this section. 
Disclosure may be ordered by a court for good cause shown or made 
in a court filing under seal unless or until otherwise ordered by 
a 
court. 
Nothing 
in 
this 
subsection 
limits 
the 
Attorney 
General's use of civil investigative demand authority under the 
Maine Unfair Trade Practices Act to investigate violations of 
this section. 
6. 
Violation. 
A violation of this section is a violation 
of Title 5, section 207 and must be enforced by the Attorney 
General pursuant to Title 5, section 209. 
7. 
Funding 
restriction. 
The 
department's 
costs 
for 
implementing this section must be met through the use of money 
Page l-LR2650(2) 
COMMITTEE AMENDMENT 
ft.'" 
tv 
COMMITTEE AMENDMENT .. A, to S.P. 736, L.D. 1890 
that the Attorney General has acquired as a result of consumer 
protection 
litigation 
involving 
pharmaceutical 
pr~c~ng 
or 
practices. General Fund funding may not be used for the purposes 
of this section.' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. Contingent effective date; delayed reporting. 
When the 
Attorney 
General 
acquires 
funds 
as 
a 
result 
of 
consumer 
protection 
litigation 
involving 
pharmaceutical 
pricing 
or 
practices and the Attorney General designates these funds 
as 
being available for the implementation of the Maine 
Revised 
Statutes, Title 22, section 2698-B, the Attorney General shall 
submit 
a 
letter to the Commissioner of 
Human 
Services that 
informs the commissioner of these facts. 
That section of this 
Act that enacts Title 22, section 2698-B takes effect 30 days 
after the commissioner receives this letter, except that section 
2698-B may not take effect before January 1, 2005. 
Manufacturers 
of prescription drugs subject to the provisions of section 2698-B 
must begin the submission of quarterly reports as required by 
that section at the end of the first full calendar quarter after 
the effective date of section 2698-B.' 
SUMMARY 
This amendment is the majority report of the committee. 
It 
restricts 
application 
of 
the 
bill 
to 
manufacturers 
of 
prescription drugs dispensed in the State under a health program 
directed or administered by the State. 
It adds confidentiality 
language 
that 
prohibits 
disclosure 
of 
information 
by 
the 
department, 
with 
exceptions 
for 
certain 
court-related 
situations. 
The 
amendment 
adds 
enforcement 
under 
the 
Maine 
Unfair Trade Practices Act. 
The amendment prohibits the use of 
General Fund funds. 
The amendment delays the effective date of 
these provisions and the provisions of the bill until 30 days 
after the Commissioner of Human Services receives notice from the 
Attorney General that funds are available for the implementation 
of these provisions, except that the provisions may not take 
effect before January 1, 2005. 
FISCAL NOTE REQUIRED 
(See attached) 
COMM/rrEE AMENDMENT 
Approved: 04/01/04 ~ae 
Office of Fiscal and Program Review 
LD 1890 
An Act To Ensure Disclosure of Prescription Drug Prices 
LR 2650(02) 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Potential current biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system 
Fiscal Detail and Notes 
While the Department of Human Services is expected to incur additional costs in implementing this legislation, the 
bill does not allow the use of General Fund funding for these costs The additional workload will not begin until the 
Attorney General notifies the Department that additional funding is available and has been designated for this purpose. 
The revenue source identified in the bill is not a predictable source of funding, therefore collections cannot be 
estimated at this time. 
LR2650(2) - Fiscal Note - Page 1 of 1