An Act to Increase Transparency Regarding Certain Drug Pricing Programs
Maine Legislature, Session 131, LD 1395
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TIPPING, BAILEY, MATHIESON, MORRIS, SKOLD
Amends: 22 MRSA §1728

Legislative Document
No. 1395
S.P. 562
In Senate, March 28, 2023
An Act to Increase Transparency Regarding Certain Drug Pricing 
Programs
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Senator: BAILEY of York, Representatives: MATHIESON of Kittery, 
MORRIS of Turner, SKOLD of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1728 is enacted to read:
§1728.  Prescription drug transparency report
Beginning January 1, 2024, each hospital participating in the federal drug program 
under section 340b of the federal Public Health Service Act, 42 United States Code, Section 
256b shall provide an annual report to the Maine Health Data Organization. The Maine 
Health Data Organization shall post the report on a publicly accessible website. For the 
purposes of this section, "hospital" has the same meaning as in section 1843, subsection 4. 
Each hospital shall report in a standardized format specified by the Maine Health Data 
Organization and include the following in the report:
1.  Hospital data.  Hospital data separated by the hospital and each off-site clinic 
facility associated with the hospital including, but not limited to:
A.  Total annual revenue from drugs purchased under the 340b program less the 
aggregate annual acquisition costs for these drugs;
B.  Dispensing fees paid to contract pharmacies that the hospital contracts with to 
provide services associated with participation in the 340b program;
C.  Patient mix by payment source including, but not limited to, Medicare, the 
MaineCare program, private insurance and uninsured;
D.  Costs incurred for charity care; and
E.  Percentage of total revenue less discounts from infusion or injection of 
physician-administered drugs purchased through the 340b program, including any 
associated items or services provided as part of administering these drugs;
2.  Drug data.  Drug data for each hospital and the off-site clinic facility associated 
with the hospital from each dispensing site including:
A.  Name of the drug;
B.  National drug code;
C.  Acquisition cost;
D.  Type of account through which the drug was purchased and the associated 340b 
identification number, such as wholesaler, direct from the manufacturer or 
consignment;
E.  Quantity;
F.  Payer source including, but not limited to, Medicare and the MaineCare program, 
and primary, secondary or tertiary source;
G.  Date of prescription;
H.  Location where the 340b drug was administered or dispensed;
I.  Date the drug was administered or dispensed; and
J.  Compensation received from the sale of the 340b drug, including ingredient cost, 
dispensing fee and other compensation; and
3.  Contracting and vendor data.  Contracting and vendor data separated by the 
hospital and each off-site clinic facility associated with the hospital including, but not 
limited to:
A.  The names of all 3rd-party vendors, including split billing vendors and contract 
pharmacies that the hospital contracts with to provide services associated with 
participation in the 340b program;
B.  List the self-negotiated contracts for individual entities and integrated delivery 
networks, including pharmacy benefits manager costs, insurance carriers and employer 
self-funded plans;
C.  Split billing vendor information, if used by the hospital, and total amounts paid for 
split billing services; and
D.  Grantee contract information and compensation paid.
4.  Reporting.  The Maine Health Data Organization shall produce and post on its 
publicly accessible website a report that includes a summary of the aggregate information 
received from hospitals and off-site clinic facilities associated with the hospital required to 
report under subsections 1 and 2. The Maine Health Data Organization shall submit the 
report required by this subsection to the Office of Affordable Health Care, the Maine 
Prescription Drug Affordability Board and the joint standing committee of the Legislature 
having jurisdiction over health data reporting and prescription drug matters.
SUMMARY
This bill requires each hospital to provide an annual report to the Maine Health Data 
Organization with hospital data, drug data and contracting and vendor data related to its 
participation in the federal 340b drug pricing program. The Maine Health Data 
Organization must post the report on a publicly accessible website.