An Act To Improve Oversight of Pharmaceutical Purchasing II
Maine Legislature, Session 124, LD 1339
Committee Amendment CA_A_H693 (House)
Amends: 22 MRSA §2699, 24-A MRSA §601, 24-A MRSA §1913

COMMITTEE AMENDMENT "A" to H.P. 940, L.D. 1339, Bill, "An Act To 
Improve Oversight of Pharmaceutical Purchasing" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §2699, sub-§4, as enacted by PL 2003, c. 456, § 1, is amended 
to read: 
4. Enforcement.' A violation of this section is a violation of the Maine Unfair Trade 
Practices Act, for which a fine of not more than $10,000 may be adjudged. Nothing in 
this section limits the authority of the Superintendent of Insurance under Title 24-A. 
Sec. 2. 22 MRSA §2699, sub-§6 is enacted to read: 
6. 
State contracts. 
The State Auditor shall work with the Department of 
Administrative and Financial Services and other state agencies that are covered entities, 
including, but not limited to, the group health plan established pursuant to Title 5, section 
285, that purchase prescription drugs to ensure compliance of a pharmacy benefits 
manager with the requirements of this section. 
The State Auditor shall develop 
appropriate audit procedures that may be used by the State to determine if a pharmacy 
benefits manager and a pharmacy benefits management contract entered into by the State 
meet the requirements of this section and other laws applicable to pharmacy benefits. 
Nothing in this subsection provides the State Auditor with authority over requirements in 
Title 24-A relating to pharmacy benefits managers. 
, 29 
Sec. 3. 24-A MRSA §601, sub-§28 is enacted to read: 
28. Pharmacy benefits manager. Pharmacy benefits manager registration fees may 
not exceed: 
A. Original issuance fee, $100; and 
B. Annual renewal fee, $100. 
Sec. 4. 24-A MRSA §1913 is enacted to read: 
Page I -124LRlS16(03)-1 
T 
COMMITTEE AMENDMENT 
COMM1TTEE AMENDMENT "A " 
to H.P. 940, L.D. 1339 
§1913. Registration of pharmacy benefits managers 
Beginning April 1, 2011, a person may not act as a pharmacy benefits manager as 
defined in Title 22, section 2699, subsection I, paragraph F in this State without first 
paying the registration fee required under section 601, subsection 28. The superintendent 
may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to 
administer and enforce the registration requirements of this section. The superintendent 
may enforce this section'under sections 220 and 223 and other provisions of this Title.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces 
I 0 
the bill. It requires pharmacy benefits managers to register with the Superintendent of 
Insurance beginning April 1, 2011, sets the registration fee at $100 and the annual 
renewal fee at $100 and gives to the superintendent rule-making authority and 
enforcement powers. 
It provides in the prescription drug practices law that the 
enforcement powers granted to the Attorney General do not I im it the authority of the 
IS 
Superintendent of Insurance under the Maine Revised Statutes, Title 24-A. It directs the 
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-------1-6----:-------State Auditorto-work-with --state-agencies--so-that -the--ageneies--may-ensure-that-the---- ---.. ,~-----,--
pharmacy benefits managers with which they do business comply with the requirements 
of existing state law. 
FISCAL ~OTE REQUIRED 
(See ~tt~,c~~~t 
COMMITTEE AMENDMENT 
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. Approved: 03/02/10 waC!. 
. LD 1339 
LR 1516(03) 
An Act To Improve Oversight of Pharmaceutical Purchasing 
Fiscal Note for Bill as Amended by Committee Amendment 4" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The additional costs to the Bureau of Insurance in the Department of Professional and Financial Regulation are 
expected to be minor and would be offset with registration fees authorized in the bill. The amount of revenue 
collected from these fees cannot be determined at this time but are expected to be minor. The additional costs to the 
Depal1ment of Audit and the Depal1ment of Administrative and Financial Services can be absorbed utilizing existing 
budgeted resources. 
LR 1516(03) - Fiscal Note - Page 1 of 1