An Act To Guarantee Access to Medically Necessary Medications during the Implementation of the Medicare Part D Prescription Drug Program
Maine Legislature, Session 122, LD 1959
Committee: Health and Human Services
Sponsors: BRENNAN, PINGREE, BRYANT, DAMON, EDMONDS, MAYO, ROTUNDO, BRAUTIGAM, CUMMINGS, PERRY, RICHARDSON

Legislative Document 
No. 1959 
S.P.753 
In Senate, January 10,2006 
An Act To Guarantee Access to Medically Necessary Medications 
during the Implementation of the Medicare Part D Prescription 
Drug Program 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative PINGREE of North Haven and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRYANT of Oxford, DAMON of Hancock, President EDMONDS of Cumberland, 
MAYO of Sagadahoc, ROTUNDO of Androscoggin, Representatives: BRAUTIGAM of 
Falmouth, BRYANT of Windham, CUMMINGS of Portland, PERRY of Calais, Speaker 
RICHARDSON of Brunswick. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Medicare Part D prescription drug program poses for many seniors 
and persons with disabilities great difficulties in evaluating the best drug program and in 
completing enrollment and placing them at risk of losing adequate drug coverage and 
endangering their health; and 
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 enacted by the People of the State of Maine as follows: 
Sec. 1. Report. The Department of Health and Human Services shall report 2 
weeks after the effective date of this Act and bimonthly thereafter during the. Second 
Regular Session of the I22nd Legislature and the First Regular Session of the I23rd 
Legislature with a final report due January 30, 2007 on the status of implementation of 
the Medicare Part D prescription drug program to the joint standing committee of the 
Legislature having jurisdiction over health matters. 
The reports must include a 
comprehensive analysis of the status of participants enrolled in the program, including the 
number of telephone calls for assistance received by the department from persons needing 
assistance in enrolling in Medicare Part D, the number of calls from persons who are 
unable to access necessary prescription drugs that they were previously able to access 
through other means, the number of persons enrolled in Medicare Part D prescription 
drug plans and other information quantifying the problems encountered by persons and, 
to the extent possible, pharmacies and other entities distributing needed medications 
during the implementation of the Medicare Part D prescription drug program. 
Sec. 2. Medicare Part D emergency fund. The Department of Health and 
Human Services shall establish an emergency fund to provide 90 days, beginning January 
1, 2006, of continued coverage of drugs currently provided through MaineCare or the 
elderly low-cost drug program under the Maine Revised Statutes, Title 22, section 254-D 
for persons who were not able to enroll in a Medicare Part D prescription drug plan prior 
to January 1, 2006 and for those persons who enrolled in a plan but are not able to access 
the coverage for reasons beyond their control. The fund must also provide coverage for 
individuals for drugs currently provided through MaineCare or the elderly low-cost drug 
program but that are not covered by the Medicare Part D prescription drug plan in which 
they are enrolled. 
Sec. 3. Federal State Pharmacy Assistance Program. The Department of 
Health and Human Services shall study all options available for using the federal State 
Pharmacy Assistance Program to supplement coverage to Medicare Part D participants 
who would otherwise be eligible for MaineCare or the elderly low-cost drug program 
under the Maine Revised Statutes, Title 22, section 254-D to assist with lapses in 
coverage, such as the deductible or the doughnut hole. The Department of Health and 
Human Services shall submit its findings to the Joint Standing Committee on Health and 
Human Services by April 1,2006. The report must include details on how recipients may 
utilize the federal State Pharmacy Assistance Program and any prescription drug discount 
Page I - 122LR2629(1)-1 
programs and how costs associated with those programs are applied to the deductible and 
doughnut hole. 
Sec. 4. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Medical Care - Payments to Providers 
Initiative: Provides additional resources for outreach to persons eligible for benefits under 
the Medicare Part D prescription drug program and prescription drug benefits under the 
MaineCare program under the Maine Revised Statutes, Title 22, section 3174-G or 
waivers obtained by the State under the MaineCare program. These resources will be 
used to help link people to the appropriate prescription drug coverage to prevent their 
being put at risk and to enable them to obtain medically necessary prescription drugs in a 
timely manner. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2005-06 
$200,000 
$200,000 
2006-07 
$200,000 
$200,000 
Medical Care - Payments to Providers 
Initiative: Provides additional resources for outreach to persons eligible for benefits under 
the Medicare Part D prescription drug program and prescription drug benefits under the 
MaineCare program under the Maine Revised Statutes, Title 22, section 3174-G or 
waivers obtained by the State under the MaineCare program. These resources will be 
used to help link people to the appropriate prescription drug coverage to prevent their 
being put at risk and to enable them to obtain medically necessary prescription drugs in a 
timely manner. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Elderly Low-cost Drug Program 
2005-06 
$356,000 
$356,000 
2006-07 
$356,000 
$356,000 
Initiative: Provides additional resources for outreach to persons eligible for benefits under 
the Medicare Part D prescription drug program and prescription drug benefits under the 
elderly low-cost drug program under the Maine Revised Statutes, Title 22, section 254-D. 
These resources will be used to help link people to the appropriate prescription drug 
coverage to prevent their being put at risk and to enable them to obtain medically 
necessary prescription drugs in a timely manner. 
GENERAL FUND 
2005-06 
2006-07 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
DEPARTMENT TOTAL - ALL FUNDS 
$400,000 
$400,000 
2005-06 
$600,000 
$356,000 
$956,000 
$400,000 
$400,000 
2006-07 
$600,000 
$356,000 
$956,000 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
This bill directs the Department of Health and Human Services to report 2 weeks 
after the effective date of this bill and thereafter bimonthly until January 30, 2007 on the 
status of implementation of the Medicare Part D prescription drug program to the joint 
standing committee of the Legislature having jurisdiction over health matters. 
The 
reports must include a comprehensive analysis of the status of participants enrolled in the 
program, including the number of telephone calls received by the department from 
persons needing assistance in enrolling in Medicare Part D, the number of calls from 
persons who are unable to access necessary prescription drugs that they were previously 
able to access through other means, the number of persons enrolled in Medicare Part D 
prescription drug plans and other information quantifying the problems encountered by 
persons and, to the extent possible, pharmacies and other entities distributing needed 
medications during the implementation of the Medicare Part D prescription drug 
program. 
This bill contains appropriations and allocations for outreach under the 
MaineCare program and the elderly low-cost drug program. The appropriations are for 
$200,000 for each year for Medicaid seed money and $400,000 for each year for the 
elderly low-cost drug program. The allocations are for federal matching funds to match 
the Medicaid seed funds. All funding is for outreach to link eligible persons with the 
appropriate Medicare Part D prescription drug plans. 
The bill also directs the Department of Health and Human Services to establish a 
Medicare Part D emergency fund that will provide 90 days from January 1, 2006 of 
continued coverage of drugs that are currently provided through MaineCare or the elderly 
low-cost drug program. 
The bill also directs the Department of Health and Human 
Services to study all options available for using the federal State Pharmacy Assistance 
Program and to present its results to the Joint Standing Committee on Health and Human 
Services by April 1,2006.