An Act To Establish Necessary MaineCare Pharmacy Incentives
Maine Legislature, Session 123, LD 0405
Committee Amendment CA_A_H859 (House)
Amends: 22 MRSA §3194

COMMITTEE AMENDMENT ,1\" to H.P. 321, L.D. 405, Bill, "An Act To 
Establish Necessary MaineCare Pharmacy Incentives" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding MaineCare Pharmacy Professional Fees' 
Further amend the bill by striking out everything after the title and before the 
summary and inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3194 is enacted to read: 
§3194. Report on cost of dispensing medication 
The Office of MaineCare Services within the department shall biennially review and 
report to the joint standing committee of the Legislature having iurisdiction over health 
and human services matters and the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs regarding the cost of dispensing a 
medication in the State. 
By July 1 st of each even-numbered year, the Office of 
MaineCare Services shall consider adjusting, through MaineCare rule amendment, the 
MaineCare pharmacy professional fee to reflect the cost of dispensing a medication in the 
State. 
Sec. 2. MaineCare pharmacy professional fees. The Department of Health 
and Human Services, Office of MaineCare Services shall: 
1. After implementation by the federal Centers for Medicare and Medicaid Services 
of the federal regulations setting new average manufacturer-price-based federal upper 
limits pursuant to the federal Deficit Reduction Act of 2005, review the projected impact 
of those regulations for fiscal years 2007-08 and 2008-09 on MaineCare pharmacy 
reimbursement for mUltiple source drugs_ 
Within 90 days of implementation, the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 321, L.D. 405 
department shall report on the review to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters; and 
2. Within 15 days of the department's submitting the report under subsection 1 to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, adopt emergency rules that use any savings accruing to the MaineCare 
program from the new average manufacturer-price-based federal upper limits to adjust 
the professional fee paid to licensed pharmacies for dispensing multiple source drugs to 
MaineCare members. The purpose of this adjustment is to compensate pharmacies in the 
State for reimbursement projected to be lost throughout fiscal years 2007-08 and 2008-09 
as a result of the new federal upper limits on MaineCare payments to pharmacies for 
multiple source drugs.' 
SUMMARY 
This amendment replaces the bill. It provides a process for determining the cost of 
dispensing a medication under the MaineCare program, for reporting that information to 
legislative committees and for raising the professional fee paid to pharmacies for 
dispensing medications. 
It requires the Department of Health and Human Services, 
Office of MaineCare Services to consider adjusting the fee every 2 years. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/26/08 
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LD405 
LR 1614(02) 
An Act To Establish Necessary MaineCare Pharmacy Incentives 
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 Office of Maine Care Services in the Department of Health and Human Services can be 
absorbed by the office utilizing existing budgeted resources. Assumes language requiring the Office of MaineCare 
Services to consider adjusting the MaineCare pharmacy fee is permissive and that the office would not increase the fee 
unless it could do so within existing budgeted resources or requested additional resources to fund the increase. 
LR1614(02) - Fiscal Note - Page 1 of 1