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PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 589
S.P. 771 - L.D. 1992

An Act Regarding Prescription Drug Information Intermediaries

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §1711-E is enacted to read:

§1711-E.      Requirements for prescription drug information intermediaries

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Confidentiality of health care information. A prescription drug information intermediary may not sell or exchange for value prescription drug information that identifies directly or indirectly the individual except if expressly permitted under section 1711-C, Title 24, Title 24-A or the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended.

     3. Enforcement. A violation of this section is a violation of the Maine Unfair Trade Practices Act.

     Sec. 2. 22 MRSA §2700-A, sub-§4, as enacted by PL 2005, c. 392, §1, is amended to read:

     4. Fees. Beginning April 1, 2006, each manufacturer of prescription drugs that are provided to Maine residents through the MaineCare program under section 3174-G or the elderly low-cost drug program under section 254 shall pay a fee of $1,000 per calendar year to the department State. Fees collected under this subsection must be used to cover the cost of overseeing implementation of this section, including but not limited to maintaining links to publicly accessible websites to which manufacturers are posting clinical trial information under subsection 3 and other relevant sites, assessing whether and the extent to which Maine residents have been harmed by the use of a particular drug and undertaking the public education initiative under subsection 5. Revenues received under this subsection must be deposited into an Other Special Revenue Funds account to be used for the purposes of this subsection.

Effective August 23, 2006.

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