An Act Regarding Prescription Drug Information Intermediaries Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 22 MRSA §1711-E is enacted to read: §1711 E. Requirements for prescription drug information intermediaries 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Carrier" has the same meaning as in Title 24-A, section 4301-A, subsection 3. B. Electronic transmission intermediary" means an entity that provides the infrastructure that connects the computer systems or other electronic devices used by health care practitioners, health care facilities and pharmacy' benefit managers to carriers and agents and contractors of those carriers and agents in order to facilitate the secure transmission of an individual's prescription drug order, refill, authorization request, claim, payment or other prescription drug information. Page 1-LR3107(2) COMMITTEE AMENDME!\!T
Maine Legislature, Session 122, LD 1992
Committee Amendment CA_A_S549 (Senate)
Amends: 22 MRSA §1711-E, 22 MRSA §2700-A

COMMITTEE AMENDMENT "A" to S.P. 771, L.D. 1992, Bill, "An 
Act To Protect the Confidentiality of Prescription Information" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Regarding Prescription Drug Information Intermediaries' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 22 MRSA §1711-E is enacted to read: 
§1711 E. 
Requirements for prescription drug information 
intermediaries 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Carrier" has the same meaning as in Title 24-A, section 
4301-A, subsection 3. 
B. 
"Electronic transmission intermediary" means 
an entity 
that provides the infrastructure that connects the computer 
systems or other electronic devices used by health care 
practitioners, health care facilities and pharmacy' benefit 
managers to carriers and agents and contractors of those 
carriers 
and 
agents 
in order 
to 
facilitate 
the 
secure 
transmission of an individual's prescription drug order, 
refill, 
authorization 
request, 
claim, 
payment 
or 
other 
prescription drug information. 
COMMITTEE AMENDME!\!T 
COMMITTEE AMENDMENT '~" to S.P. 771, L.D. 1992 
C. 
"Health care facility" has 
the 
same meanings 
as in 
section 1711-C, subsection 1, paragraph D. 
D. 
"Health care practitioner" has the same meanings as in 
section 1711-C, subsection 1, paragraph F. 
E. 
"Health plan" means a health plan providing prescription 
drug 
coverage 
as 
authorized 
under 
the 
federal 
Medicare 
Prescription Drug, 
Improvement 
and 
Modernization 
Act 
of 
2003, Public Law 108-173. 
F. 
"Individual" means a natural person who is the subject 
of prescriptipn drug information. 
G. 
"Pharmacy benefits manager" has the same meaning as in 
section 2699, subsection 1, paragraph F. 
H. 
"Prescription 
drug 
information" 
means 
information 
concerning prescription 
drugs 
as 
defined 
in Title 
32, 
section 13702, subsection 24 and includes prescription drug 
orders as defined in Title 32, section 13702, subsection 25. 
I. 
"Prescription drug 
information 
intermediary" 
means 
a 
person 
or 
entity 
that 
communicates, 
facilitates 
or 
participates 
in 
the 
exchange 
of 
prescription 
drug 
information 
regarding 
an 
individual. 
"Prescription 
drug 
information intermediary" includes, but is not limited to, a 
pharmacy benefits manager, a health plan and an electronic 
transmission intermediary. 
2. 
Confidentiality 
of 
health 
care 
information. 
A 
prescription 
drug 
information 
intermediary 
may 
not 
sell 
or 
exchange for value prescription drug information that identifies 
directly 
or 
indirectly 
the 
individual 
except 
if 
expressly 
permitted under section 1711-C, Title 24, Title 24-A or the 
federal Health Insurance Portability and Accountability Act of 
1996, Public Law 104-191, as amended. 
3. 
Enforcement. 
A violation of this section is a violation 
of the Maine Unfair Trade Practices Act. 
Sec. 2. 22 MRSA §2700-A, sub-§4, as enacted by PL 2005, c. 
392, §1, is amended to read: 
4. 
Fees. 
Beginning April 1, 2006, each manufacturer of 
prescription drugs that are provided to Maine residents through 
the 
MaineCare 
program 
under 
section 
3174-G 
or 
the 
elderly 
low-cost drug program under section 254 shall pay a fee of $1,000 
per calendar year to the aeFa~tment State. 
Fees collected under 
this subsection must be used to cover the cost of overseeing 
COMMITTEE AMENDMEI'JT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 771, L.D. 1992 
implementation of this section, 
including but not limited to 
maintaining 
links 
to 
publicly 
accessible 
websites 
to 
which 
manufacturers 
are 
posting 
clinical 
trial 
information 
under 
subsection 3 and other relevant sites, assessing whether and the 
extent to which Maine residents have been harmed by the use of a 
particular drug and undertaking the public education initiative 
under subsection 5. 
Revenues received under this subsection must 
be deposited into an Other Special Revenue Funds account to be 
used for the purposes of this subsection.' 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
It 
prohibits 
a 
prescription 
drug 
information 
intermediary 
from 
selling 
or 
exchanging 
for 
value 
prescription 
drug 
information 
that 
identifies directly 
or 
indirectly 
an 
individual 
who 
is 
the 
subject of the prescription drug information. 
It designates a 
violation of this Act as a violation of the Maine Unfair Trade 
Practices Act. 
The amendment also requires drug manufacturers 
who pay the fee for state oversight of prescription drug and 
clinical trial information to pay that fee to the State. 
Current 
law requires that fee to be paid to the Department of Health and 
Human Services. 
The amendment does not change or add to the fee. 
COMMITTEE AMENDMl:rv I