An Act To Ensure the Choice of a Pharmacy for Injured Employees under the Workers' Compensation Act of 1992
Maine Legislature, Session 126, LD 1376
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PATRICK, CAMPBELL, CAIN, CLEVELAND, GOODALL, JACKSON, TUTTLE, GILBERT, HAMANN, MASTRACCIO
Amends: 39-A MRSA §206

Legislative Document 
No. 1376 
S.P. 483 
In Senate, April 9, 2013 
An Act To Ensure the Choice of a Pharmacy for Injured Employees 
under the Workers' Compensation Act of 1992 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative CAMPBELL of Newfield and 
Senators: CAIN of Penobscot, CLEVELAND of Androscoggin, GOODALL of Sagadahoc, 
JACKSON of Aroostook, TUTTLE of York, Representatives: GILBERT of Jay, HAMANN of 
South Portland, MASTRACCIO of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  39-A MRSA §206, sub-§11, as amended by PL 2007, c. 695, Pt. B, §24, 
is further amended to read: 
11.  Generic drugs.  Providers shall prescribe generic drugs whenever medically 
acceptable for the treatment of an injury or disease for which compensation is claimed.  
An employee shall purchase generic drugs for the treatment of an injury or disease for 
which compensation is claimed if the prescribing provider indicates that generic drugs 
may be used and if generic drugs are available at the time and place of purchase under 
subsection 11-A.  If an employee purchases a nongeneric drug when the prescribing 
provider has indicated that a generic drug may be used and a generic drug is available at 
the time and place of purchase, the insurer or self-insurer is required to reimburse the 
employee for the cost of the generic drug only, pursuant to subsection 11-A, paragraph B.  
For purposes of this section subsection, "generic drug" has the same meaning found in 
Title 32, section 13702-A, subsection 14. 
Sec. 2.  39-A MRSA §206, sub-§11-A is enacted to read: 
11-A.  Pharmacy choice.  An employee who has been prescribed drugs for the 
treatment of an injury or disease for which compensation is claimed has the right to select 
the provider, pharmacy or pharmacist for dispensing and filling the prescription for the 
drugs.  The insurer or self-insurer shall reimburse the prescribing provider, pharmacy or 
pharmacist pursuant to a formula based on the average wholesale price of the drugs as 
reported by a nationally recognized pharmaceutical price guide or other publication of 
pharmaceutical pricing data in effect on the day the prescription is dispensed.  The 
formula for reimbursing a provider, pharmacy or pharmacist for drugs under this section 
is: 
A.  For generic drugs, the reimbursement amount is the average wholesale price per 
unit multiplied by the total number of units multiplied by 1.25, plus a $4.00 
dispensing fee; and 
B.  For brand-name drugs, the reimbursement amount is the average wholesale price 
per unit multiplied by the total number of units multiplied by 1.09, plus a $4.00 
dispensing fee. 
For purposes of this subsection, "drug" has the same meaning as in Title 32, section 
13702-A, subsection 11 and "generic drug" has the same meaning as in Title 32, section 
13702-A, subsection 14. 
SUMMARY 
This bill gives an injured employee the right under the Maine Workers' 
Compensation Act of 1992 to choose the provider, pharmacy or pharmacist to dispense 
any drugs or medication prescribed to treat the injury or disease for which compensation 
is claimed and sets formulas for reimbursement under the Maine Workers' Compensation 
Act of 1992 for generic and brand-name drugs or medications.