An Act To Fund Opioid Treatment by Establishing an Excise Tax on o Manufacturers of Opioids
Maine Legislature, Session 129, LD 1362
Committee Amendment CA_A-HA_A_H629 (House)

HOUSE AMENDMENT " A" to COMMITTEE AMENDMENT "A" to H.P. 984, 
L.D. 1362, Bill, "An Act To Fund Opioid Treatment by Establishing an Excise Tax on 
o 
Manufacturers of Opioids" 
Amend the amendment in section 1 by striking out all of subsections 3 and 4 (page 1, 
lines 27 to 34 and page 2, lines 1 to 19 in amendment) and inserting the following: 
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13. Report. Beginning in 2021, by April 1st of each calendar year. a manufacturer 
subject to the tax unde1' Title 36, section 4941 shall report to the department in a form 
determined by the depa11ment information on opioids made by the manufacturer subject 
to the tax that were distributed in the State in the previous calendar year. 
4. Rules. The department. in consultation with the Maine Board of Pharmacy under 
Title 32. section 13711. shall adont rules to can:y out the purposes of this section. Except 
as provided in subsection 3, rules adopted under this subsection are routine technical rules 
as defmed in chapter 375, subchapter 2-A.1 
Amend the amendment in section 2 in §4941 in subsection l by inserting at the end 
the following: 
1F. "Unit" means a single finished dosage form of an opioid, such as a pill. tablet, 
capsule, suppository. transdermal patch. buocal film. milliliter of liquid, milligram of 
topical preparation or any other form of opioid. 
0. 
11Wholesale acquisition cost
means the manufacturer's list price for an opioid unit 
to a wholesaler or direct pul'Chaser in the United States, not including prompt pay or 
other discounts, rebates or reductions in price. for the most recent month for which 
the information is available. as reported in wholesale price guides or other 
publications of drug or biological pricing data.• 
Amend the amendment in section 2 in §4941 in subsection 2 by striking out all of 
paragraphs A and B (page 3, lines 9 and 10 in amendment) and inserting the following: 
'A. $0.0025 per morphine milligram equivalent if the wholesale acquisition cost is 
less than 50¢: and 
B. $0.015 per morphine milligram equivalent if the wholesale acquisition cost is 50¢ 
ormore.1 
Pagel· 129LR1952(04)-1 
HOUSE AMENDMENT 
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HOUSE AMENDMENT •A "to COMMITTEE AMENDMENT "A" to H.P. 984, L.D. 1362 
Amend the amendment by striking out all of section 3 and inserting the following: 
'Sec. 3. Annual report; confidential information. By January 1, 2020, the 
Depatiment of Health and Human Services shall adopt major substantive 1'Ules pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2~A identifying the 
information that must be provided in the annual report required under Title 5, section 
20010, subsection 3 and shall consider whether any of the infonnation required in the 
1·eport should be considered confidential under the Freedom of Access Act because it is 
proprietary or for other reasons. If the department recommends the collection of 
information that it recommends should be considered confidential, it shall submit those 
recommendations to the Legislatul.'e at the same time as the provisionally adopted major 
substantive rules are submitted under Title 5, section 8072, subsection 2. The joint 
standing committee of the Legislature having jurisdiction over the proposed rule may 
submit a bill to the Second Regulat• Session of the !29th Legislature relating to 
confidentiality of information required under the report that is the subject of the 
provisionally adopted rules.' 
Amend the amendment by relettering or renumbel.'ing any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment to the committee amendment strikes the list of infonnation that must 
be reported annually by a manufacturer of opioids to the Department of Health and 
Human Services and substitutes a requirement that the department adopt major 
substantive rules establishing the inf01mation that must be reported. The amendment also 
provides a different method of determining the products subject to the 2 levels of tax 
specified in the committee amendment and changes elements of the calculation of the 
rates. 
SPONSORED BY:~ 
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(R•prcsentativeO• ~ 
TOWN: Saco 
HOUSE AMENDMENT