Resolve, Regarding Legislative Review of Portions of Chapter 104: Maine State Services Manual, Section 8, Wholesale Prescription Drug Importation Program, a Major Substantive Rule of the Department of Health and Human Services
Maine Legislature, Session 129, LD 2080
Committee Amendment CA_A_H715 (House)

COMMITTEE AMENDMENT "A" to H.P. 1481, L.D. 2080, "Resolve, Regarding 
Legislative Review of Portions of Chapter 104: Maine State Services Manual, Section 8, 
Wholesale Prescription Drug Importation Program, a Major Substantive Rule of the 
Department of Health and Human Services" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 104: 
Maine State Services Manual, Section 8, Wholesale Prescription Drug Importation 
Program, a provisionally adopted major substantive rule of the Department of Health and 
Human Services that has been submitted to the Legislature for review pursuant to the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the 
following changes are made. 
1. The rule must be amended in Section 8.01 in the last sentence to provide that the 
department shall submit an application no later than May 1, 2020, and, if the federal rule 
is not finalized prior to May 1, 2020, that the department shall submit a subsequent or 
revised application as soon as practicable after finalization of the federal rule. 
2. The rule must be amended in Section 8.02 by amending the time allowed for input 
from between January 1, 2020 and July 1, 2020 to between Januruy 1, 2020 and March 
16, 2020 and to allow for additional input from stakeholders as necessary after the federal 
rule is finalized. 
3. The rule must be amended in Section 8.03 to require the department, following the 
conclusion of the stakeholder input process and as required by Title 5, section 2042, to 
submit an application to the United States Department of Health and Human Services to 
establish a state importation program no later than May 1, 2020. The rule must be 
amended to also require that, if the final federal rule is not released before May 1, 2020, 
the department shall submit a subsequent or revised application to establish a state 
importation program as soon as is practicable after the release of the final federal rule. 
The rule must be amended to also require that, if the department determines further 
rulemaking is necessary to implement the requirements of the program design, additional 
rules will be proposed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1481, L.D. 2080 
The Department of Health and Human Services is not required to hold hearings or 
undertake further proceedings prior to the final adoption of the rule in accordance with 
this section. 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment provides that final adoption of portions of Chapter 104: Maine State 
Services Manual, Section 8, Wholesale Prescription Drug Importation Program, a 
provisionally adopted major substantive rule of the Department of Health and Human 
Services, is authorized only if the department incorporates certain specific amendments to 
the rule prior to final adoption. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/25/20 :Wac 
LD 2080 
LR 3189(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 104: Maine State Services Manual, 
Section 8, Wholesale Prescription Drug Importation Program, a Major Substantive Rule of the 
Department of Health and Human Services 
Fiscal Note for Bill as Amended by Committee Amendment it' {J-1 _, 7 J 5) 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR3 l 89(02) - Fiscal Note - Page 1 of 1