Resolve, ,Directing the Department of Health and Human Services To Limit Prescriptions for Narcotic Drugs under MaineCare without Prior Authorization
Maine Legislature, Session 124, LD 1354
Committee: Health and Human Services
Sponsors: MILLS

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No . .1354 
S.P.489 
In Senate, April 2, 2009 
, 
Resolve, ,Directing the Department of Health and Human Services 
To Limit Prescriptions for Narcotic Drugs under MaineCare 
without Prior Authorization 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printcli llll I'I!~ydl!li papc~ 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Preamble. Whereas, the proliferation and diversion of narcotic prescription drugs 
has become a significant public health problem to the people of Maine; and 
Whereas, over 150 people die each year in Maine from overdoses of narcotic drugs, 
many o{the drUgs paid for through MaineCare prescriptions; and 
'.- .. 
Whereas, the Department of Health and Human Services received reports of 343 
drug-affected babies born in 2008, most of the babies covered by MaineCare; and 
Whereas, the overuse and diversion of narcotic prescription drugs is a major cause 
of addiction, crime, domestic violence, child abuse and neglect, lost worker productivity 
and burdens on law enforcement and human service agencies; and' 
Whereas, narcotic prescription drugs can be bette! controlled if each patient must 
obtain such drugs through a single prescriber and a single dispenser; and 
, 
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Whereas, MaineCare'sexisting prior authorization system is available to impose 
just such necessary controls; now, therefore, be it 
Sec. 1. One prescriber. Resolved: That the Department of Health and Human 
Services shall amend its MaineCare benefits manual regarding, eligibility for 
reimbursement for narcotic prescription drugs to require that narcotic prescription drugs 
for each MaineCare patient be prescribed by a single medical provider unless prior 
authorization from the department is obtained for any 2nd or subsequent prescriber; and 
be it further 
Sec. 2. One dispenser. Resolved: That the Department of Health and Human 
Services shall amend its MaineCare benefits manual regarding eligibility' for 
reimbursement for narcotic prescription drugs ~o require that narcotic prescription drugs 
for each MaineCare .patient be dispensed by' only one pharmacy or drug dispenser at a 
time unless prior authorization from the department is obtained to provide narcotic 
prescription drugs through an alternative dispenser; and be it further 
' 
Sec. 3. Durational limits. 
Resolved: 
That the Department of Health' and 
Human Services shall amend its MaineCare benefits manual regarding eligibility for 
reimbursement (or narcotic prescription drugs to provide that narcotic prescription drugs 
for MaineCare patierits may neit be prescribed for the treatment of pain arising from a 
noncancerous or nonterminal condition beyond a period of 30 days except by prior 
authorization for each 30-day renewal; and be it further 
Sec. 4. Specialty management. Resolved: That the Department of Health and 
Human Services shall amend its MaineCare benefits manual regarding eligibility for 
reimbursement for narcotic prescription drugs to provide that narcotic prescription drugs 
for MaineCare patients may not be prescribed for the treatment of chronic pain arising 
from a noncancerous or nonterminal condition except by a physician recognized by 
MaineCare as having specialized training and expertise in managing patients suffering 
from chronic pain. 
Page I -124LR1539(Ol)-1 
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SUMMARY 
This resolve directs the Department of Health and Hum.an Services to: 
1. Require that narcotic prescription. drugs for each MaineCare patient be prescribed 
by a single medical provider unless prior authorization is obtained; 
2. Require that narcotic prescription drugs for each MaineCare patient be dispensed 
by only one pharmacy or drug dispenser at a time unless prior authorization is obtained; 
3. Require that narcotic prescription drugs for MaineCare patients not be prescribed 
for the treatment of pain arising from a noncancerous or nonterrninal condition beyond a: 
period of 30 days except by prior authorization; and 
4. Require that narcotic prescription drugs for MaineCare patients not be prescribed 
for the treatment of chronic pain arising from a noncancerous or nonterrninal condition 
except by a physician recognized by MaineCare as having specialized training and 
expertise in managing patients suffering from chronic pain.