An Act to Direct the
Maine Legislature, Session 132, LD 0697
Committee Amendment CA_A_S159 (Senate)
Amends: 5 MRSA §2041, 22 MRSA §8712

COMMITTEE AMENDMENT « A " to S,P. 314, L.D. 697, "An Act to Direct the
Maine Prescription Drug Affordability Board to Assess Strategies to Reduce Prescription
Drug Costs and to Take Steps to Implement Refcrence-based Pricing"
Amend the bill by striking out all of section 3 and inserting the following:
"See. 3. 5 MRSA §2041, sub-§10, as repealed and replaced by PL 2021, c, 293, Pt.
A, §5, is amended to read: , ... . ..; .
10. Advisory council. A -12-membw 13-member advisory council is established to
advise the board on establishing annual spending .targets pursuant to section 20fl2;
subsection 1 and determining mothodo for meeting thooo spending target's pursuant to
section 2042; subsection 3. The advisory council consists of:
A. The Governor or the governor's designee;
B. The Commissioner of Administrative and Financial Services or the commissioner's
designee;
C. The Commissioner of Corrections or (lie commissioner's designee;
D. The Commissioner of Health and Human Sei-vices or the commissioner's dcsignee;
E. The Attorney General or the Attorney General's designee;
F. The Executive Director of Employee Health and Benefits, within the Department
of Administrative and Financial Services, Bureau of Human Resources, or the
executive director's designee;
G. A representative from the Maine State Service Employees Association, appointed
by the Governor, based on a nomination by the association;
H. A representative from the Maine Education Association, appointed by the
Governor, based on a nomination by the association;
I. A representative from the Maine Municipal Association, appointed by the Governor,
based on a nomination by the association;
Page I . 132LR0293(02)
COMMITTEE AMENDMENT
^P COMMITTEE AMENDMENT "^-"lo S.P. 314. L.D. 697 ^S'/S^ }
J. A representative from the University of Maine System, appointed by the Governor,
based on a nomination by the system;
K, A representative from the Maine Community College System, appointed by the
Governor, based on a nomination by the system; a»4
L. A representative of consumer interests, appointed by the Governor, who serves a
3-year term?: and
M_A rei)resentative of health insurance carders.^^^^a^^^ Governor, who
serves a 3-year term.'
Amend the bill in section 5 in §2042 in subsection 2 in the first line (page 4, line 3 in
L.D.) by inserting after the following; "following" the following: 'prescription dmg
suendins"
Amend the bil! in section 5 in §2042 in subsection 2 by striking out all of paragraph A
(page 4, lines 5 to 19 in L.D.) and inserting the following:
'A. A.publie payer's prescription dii-ug spending data, which the 3rd party administrator
oi:-insum- feF-the-pyblio payor'o healtli plan shail provide to-the board on behalf-e^he
public pciyor upon request-notwithstanding any provision of law to the contrary,
includingr
(1) -Expenditures and utilization datn'for prosoription drugs for-eaeh-plan offered
byapublicpayor;
(•3-)-Theformulaiyfer-eQe}i-plati-&f'fer-ed-by-Q-publiopnyorandpresoi;iption"drugs
• eemmpn to ench formnlary; . .
(3) Pharmacy benefit management services nnd-otheradministrative expenses of
the prcscriptioH-drug- benefit- for enoh plan offorod by a publio'^ayoii;"and
(4) -Enrol lee-eost-sharing-foF-eaeh-plan offered by a public pnyor; and'
Amend the bill in section 5 in §2042 in subsection 2 in paragraph B in the first line
(page 4, line 20 in L.D.) by striking out the following:" 1683." and inserting the following:
11683T;and1
Amend the bill in section 5 in §2042 in subsection 2 by inserting after paragraph B the
following;
'C. Publicly available data that is available for purchase or for free.'
Amend the bill in section 5 in §2042 in subsection 2 in the first blocked paragraph in
the first line (page 4, line 21 in L.D.) by inserting before the following: "Prescription" the
following: 'If there is additional data required by the board and its staff that is not already
available pursuant to paraeraohs B and C. the board may recommend that the Maine Health
Data Oreanization adopt rules to collect additional Drescription drua spendine data,
mcludiufi data relating to the urescription drugs comm_Qnio_eac}i_formula_rv.1
Amend the bill by inserting after section 5 (lie following:
'See. 6. 22 MRSA §8712, sub-§6, as enacted by PL 2019,c, 471, §3, is amended
to read:
6. Data shared with Maine Prescription Drug Affordability Board. The
organization may share data collected under this chapter with the Maine Prescription Drug
Page2-132LR0293(02)
COMMITTEE AMENDMENT
2025-26
2.000
$189,497
$3,925
2026-27
2.000
$264,324
. $4,038
ff' COMMin'EE AMENDMENT " ft-" to S.P. 314, L.D. 697 (^- jC^i
Affordability Board, established under Title 5, section 12004-0, subsection 14-1, and its
staff as long as ciny data shared pursuant to this subsection is not further disseminated.'
Amend the bill by inserting after section 6 the following:
'See. 7. Appropriations and allocations. The following appropriations and
allocations are made.
OFFICE OF AFFORDABLE HEALTH CARE
Office of Affordable Health Care Z320
Initiative; Establishes and provides funding for one Public Service Manager III position
and one Comprehensive Health Planner II position to support the Maine Prescription Drug
Affordability Board with strategic direction, government and stakeholder relations,
research, writing and administrative work effective October I ,2025,
GENERAL FUND
POSITIONS - LEGISLATFVE COUNT
Personal Services
All Other
GENERAL FUND TOTAL $193,422 $268,362
Office of Affordable Health Care Z320
Initiative; Provides funding for subscriptions and contracts to be used to obtain commercial
dnig pricing data and for consulting services to support data analysis.
GENERAL FUND 2025-26 2026-27
AllOther $30,000 $30,000
, • . • •
GENERAL FUND TOTAL $30,000 $30,000
•• • . '
OFFICE OF AFFORDABLE HEALTH CARE
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $223,422 $298,362
DEPARTMENT TOTAL - ALL FUNDS $223,422 $298,362
Amend the bill by relettering or renumbering any nonconsccutive Part letter or section
number to read consecutively.
SUMMARY
This amendment is the majority report of the committee, The amendment makes the
following changes to the bill related to the provisions governing the Maine Prescription
Drug Affordability Board.
1. It adds a member representing health insurance carriers to the advisory council to
the Maine Prescription Drug Affordability Board.
COMMITTEE AMENDMENT
,? COMMITFEE AMENDMENT " /\" lo S.P. 314, L.D. 697 (^- I ^
2. It amends the provision in the bill relating to the consideration by the board of
prescription drug spending data to clarify that the board must use prescription drug
spending data from the Maine Health Data Organization and publicly available data
available for purchase or for fi-ee and, if there is additional prescription drug spending data
required by the board and its staff, the amendment authorizes the board to recommend that
the Maine Health Data Organization may collect this data by rule.
The amendment also makes a related change to the provisions governing the Maine
Health Data Organization to clarify that the Maine Health Data Organization may share
data widi board staff.
FISCAL NOTE REQUIRED
(See attached)
Piige4-132LR0293(02)
COMMITTEE AMENDMENT
Approved: 04/14/25 I^KI^-
LD 697 LR 293(02)
An Act to Direct the Maine Prescription Drug Affordability Board to Assess Strategies to Reduce
Prescription Drug Costs and to Take Steps to Implement Reference-based Pricing
Fiscal Note for Bill as Amended by Committee Amendment "/<P/<//
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $223,422 $298,362 $311,162 $321,582
Jppropriations/Allocations
General Fund $223,422 $298,362 $311,162 $321,582
Fiscal Detail mid Notes
This bill includes ongoing General Fund appropriations of $223,422 in fiscal year 2025-26 and $298,362 in fiscal year
2026-27 to the Office of Affordable Heath Care for one Public Service Manager III position, one Comprehensive
Health Planner II position, and related All Other costs to support the Prescription Drug Affordability Board with
strategic direction, administrative work, and subscriptions and contracts to be used to obtain conmiercial drug pricing
data and for consulting services to support data analysis effective October 1,2025,
LR0293(02) - Fiscal Note - Page 1 of 1