An Act To Improve Access to Affordable Prescription Drugs
Maine Legislature, Session 122, LD 1324
Committee Amendment CA_A_H571 (House)
Amends: 5 MRSA §2031

COMMITTEE AMENDMENT "A" to H.P. 923, L.D. 1324, Bill, "An 
Act To Improve Access to Affordable Prescription Drugs" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5 MRSA §2031, sub-§§1 and 4, as enacted by PL 2005, c. 
12, Pt. PP, §l, are amended to read: 
1. 
Council established. The Pharmaceutical Cost Management 
Council, 
referred to 
in this 
chapter 
as 
"the council," 
is 
established and consists of 
Be--meFe--~aaB 15 voting members 
appointed by the Governor as follows: 
A. 
The 
Commissioner 
of 
Administrative 
and 
Financial 
Services or the commissioner's designee; 
B. 
The Commissioner of Health and Human Services or the 
commissioner's designee; 
C. 
The 
Executive Director of the Workers' 
Compensation 
Board or the executive director's designee; 
D. 
One 
representative of private payors 
who 
join the 
council; 
Page l-LR1608(2) 
COMMITTEE AMENDMENT 
",,, 
COMMITTEE AMENDMENT A 
.. to H.P. 923, L.D. 1324 
E. 
One 
er-;no.t"~-Hlel'R13ers member from each of the following 
publicly funded groups: 
(1) 
The 
Maine 
state 
employees 
health 
insurance 
program, one member representing labor and one member 
representing management; 
(2) 
The University of Maine System; and 
(3) 
The Maine Community College System; 
F. 
The director of the Governor's Office of Health Policy 
and Finance or the director's designee or the director of a 
successor agency; 
G. 
Q"ser 
Ilm 
public 
purchasers 
not 
listed 
aboveT 
RepreseRtat~ves--e~--M~Rieipa*--er--ee~Rey--~everameRes T--ese 
Ma~Re--i4~eat~eR--Assee~a~~eR~S--8eRe'~6S--6r~S6T--6se--MaiRe 
SeAee*-~-AsseeiaeieR~s-~4t~-er~s"-~-priva~e 
p~resasers-Hlay-~~~~~~-~~~~aaG~~-~e-par~ieipa~e 
iR-saviR~s-eppere~Ri~ies; 
H. 
A health care provider; aRe 
I. 
A clinical pharmacistT: and 
J. 
Three consumers of health care services. one of whom 
represents 
a 
statewide 
organization 
that 
advocates 
for 
enrollees in a publicly funded health program that includes 
comprehensive prescription drug benefits. 
P~B*ie Representatives of municipal or county governments. the 
Maine Education Association's benefits trust. the Maine School 
Management 
Association's 
benefits 
trust 
and 
other 
public 
purchasers not 
e~serwise listed in this subsection and private 
purchasers may 
be 
allowed to 
Jo~n the council as 
nonvoting 
members and to participate in savings opportunities. 
4. 
Duties 
of 
council. 
The 
council 
shall 
make 
recommendations 
to 
public 
purchasers 
regarding 
the 
joint 
purchasing of pharmaceuticals with the State in order to reduce 
costs for all participating parties and maximize 
savings by 
pooling purchasing power, 
but not to fundamentally alter the 
independent nature of any of the health plans involved in the 
council. 
The council shall coordinate and exchange information 
among state agencies. stakeholder groUps. 
advisory committees. 
organizations and task forces looking into options for reducing 
the cost of prescription drug benefits. 
Any joint purchasing 
effort must ensure that: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to H.P. 923, L.D. 1324 
A. 
Each of the participating plans retains its distinct 
nature, with members of each plan maintaining their current 
medical coverage and participating organizations retaining 
current 
contracts, 
except 
for 
amendments 
required 
to 
implement the joint pharmaceutical purchasing effort; 
B. 
The members of participating plans have open access to 
all prescription drugs, as medically needed. 
The council 
shall design and implement a 3-tiered pharmaceutical benefit; 
C. 
Full 
coverage 
of certain drugs 
is 
contingent 
upon 
satisfaction of clinical criteria; 
D. 
A preferred drug list identifies clinically efficacious 
high-quality 
prescription 
drugs 
that 
are 
also 
cost-effective: these drugs may not require prior approval. 
The preferred drug list must to the extent possible be based 
on MaineCare' s preferred drug list and must be advised by 
MaineCare's clinical drug utilization committee; 
E. 
Administrative 
efficiencies 
are 
realized 
by 
pooled 
purchasing; clinically efficacious, cost-effective drugs are 
preferred; 
and rebates are negotiated on behalf of the 
entire group; 
F. 
Reimbursement 
for prescription 
capped at maximum 
allowable costs 
price, whichever is lower: 
generic 
or the 
drugs 
aFe 
MaineCare 
is 
bid 
G. 
Incentives may be implemented 
orderL 
and 
community 
pharmacies 
opportunity to provide medications 
mail-order pharmacies; and 
to reward the use of mail 
w~~~--ae are 
given 
the 
under the same terms as 
H. 
All participating plans share in the savings realized 
through the pooled purchasing effort. 
Sec. 2. Report. 
By February 1, 2006, the Pharmaceutical Cost 
Management Council established in the Maine Revised Statutes, 
Title 
5, 
section 
2031 
shall 
report 
to 
the 
joint 
standing 
committee of the Legislature having jurisdiction over health and 
human services matters 
regarding its work 
and findings 
with 
regard to cost containme,nt tools, including, but not limited to, 
academic detailing and evidence-based prescribing.' 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
It 
amends 
the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 923, L.D. 1324 
Pharmaceutical Cost Management Council to add 3 consumer members, 
changes the parameters of the council to duties and adds to those 
duties coordinating and exchanging information and examining cost 
containment tools and reporting to the joint standing committee 
of the Legislature having jurisdiction over health and human 
services matters by February 1, 2006. 
FISCAL ~OTE REQ"CIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/26105 ~ae 
LD 1324 
LR 1608(02) 
An Act To Improve Access to Affordable Prescription Drugs 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services can be absorbed by the department utilizing 
existing resources. 
LR1608(2) - Fiscal Note - Page 1 of 1