An Act To Amend the Dates for Implementation of the Maine Rx Program and the Prescription Drug Price Reduction Act LR0071(02)
Maine Legislature, Session 121, LD 1220
Committee Amendment CA_A_H447 (House)
Amends: 22 MRSA §2681, 22 MRSA §2693

COMMITTEE AMENDMENT " II. to H. P • 894, L. D . 
Act To Amend the Dates for Implementation of the 
and the Prescription Drug Price Reduction Act" 
1220, Bill, "An 
Maine Rx Program 
Amend the bill by inserting after the enacting clause and 
before the concept draft swnmary the following: 
'Sec. 1. 22 MRSA §2681, sub-§4, 1JC, as enac ted by PL 1999, c. 
786, Pt. A, §3, is amended to read: 
C. 
With respect to the rebate taking effect no later than 
Qe~eD&~-lr-~QQl January 1, 2005, the commissioner shall use 
the commissioner's best efforts to obtain an amount equal to 
or greater than the amount of any discount, rebate or price 
reduction for prescription drugs provided to the Federal 
Government. 
Sec. 2. 22 MRS A §2681, sub-§5, 1J1JB and C, as enacted by PL 
1999, c. 786, Pt. A, §3, are amended to read: 
B. 
Beginning JaBHa~y-lr-dQQl April 1, 2004, a participating 
retail pharmacy shall offer the initial discounted price. 
C. 
No 
later than 
participating retail 
discounted price. 
Qe~eser--lr--6991 
pharmacy 
shall 
January 1, 
offer 
the 
2005, 
a 
secondary 
Sec. 3. 22 MRSA §2693, sub-§I, 1J1JA and B, as enacted by PL 
1999, c. 786, Pt. A, §3, are amended to read: 
A. 
By JHly-..;!,--dQQd October 1, 2005, the department shall 
adopt rules establishing the procedures for adoption and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT • .;J. to H.P. 894, L.D. 1220 
periodic review of maximum retail prices, the procedures for 
establishing maximum 
retail prices for 
new 
prescription 
drugs and for reviewing maximum retail prices of selected 
drugs 
and the procedures for phasing out or terminating 
maximum retail prices. 
Prior to adopting rules pursuant to 
this paragraph, 
the commissioner shall consult with and 
consider the recommendations of the commission regarding the 
rules. 
B. 
By JaRaaFY-§T-~gg6 April 1, 2006, the commissioner shall 
determine whether the cost of prescription drugs provided to 
qualified residents under the Maine Rx Program pursuant to 
subchapter * .1 is reasonably comparable to the lowest cost 
paid for the 
same 
drugs delivered or dispensed in the 
State. 
In 
making 
this 
determination 
the 
following 
provisions apply. 
(1) 
The commissioner shall review prescription drug 
use in the Medicaid program using data from the most 
recent 6-month period for which data is available. 
(2) 
Using the data reviewed in subparagraph (1), the 
commissioner shall determine the 100 drugs for which 
the most units were provided and the 100 drugs for 
which the total cost was the highest. 
(3) 
For each prescription drug listed in subparagraph 
(2), the commissioner shall determine the cost for each 
drug for qualified residents provided those drugs under 
the Maine Rx Program on a certain date. 
The average 
cost for each such drug must be calculated. 
(4) 
For each prescription drug listed in subparagraph 
(2), the commissioner shall determine the lowest cost 
for each drug paid by any purchaser on the date that is 
used for subparagraph (3) delivered or dispensed in the 
State, 
taking into consideration the federal supply 
schedule and prices paid by pharmaceutical benefits 
managers and by large purchasers and excluding drugs 
purchased through the Maine Rx Program. 
The average 
cost for each such drug must be calculated. 
(5) 
If the average cost for one or more prescription 
drugs 
under 
the Maine 
Rx 
Program as 
determined in 
subparagraph (3) is not reasonably comparable to the 
average lowest cost for the same drug or drugs 
as 
determined in subparagraph (4), the commissioner shall 
establish 
maximum 
retail 
prices 
for 
any 
or 
all 
prescription 
drugs 
sold 
in 
the 
State. 
Maximum 
prescription 
drug 
prices 
established 
under 
this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 894, L.D. 1220 
subparagraph must take effect Jb1.ly--l-,--6GG;! October L 
2006. ' 
SUMMARY 
This 
amendment begins the discounts 
under the Maine 
Rx 
Program April 1, 2004 and extends the other dates in that program 
and 
the 
Prescription 
Drug 
Access 
Price 
Reduction 
Act 
correspondingly. 
FISCAL :-.IOTE RE(Jlll<.U) 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/05/03 ~aC!. 
Office of Fiscal and Program Review 
LD 1220 
An Act To Amend the Dates for Implementation of the Maine Rx 
Program and the Prescription Drug Price Reduction Act 
LR0071(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
The bill modifies the effective dates of the original MaineRx program. As a result of legal challenges, the MaineRx 
program has never been in operation. In the interim, the program's original start-up funding has been eliminated. . 
the Supreme Court rules in the State's favor (arguments heard 1122/03), with the amended effective dates, the progri:Un 
would need an alternative source of start-up funding. The bill does not include this funding. 
LR0071(2) - Fiscal Note - Page 1 of 1