6. Operation of program. The requirements of this subsection apply to participating retail pharmacies.

A. The Maine Board of Pharmacy shall adopt rules requiring disclosure by participating retail pharmacies to qualified residents of the amount of savings provided as a result of the program. The rules must consider and protect information that is proprietary in nature. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.

B. The department may not impose transaction charges under this program on retail pharmacies that submit claims or receive payments under the program.

C. A participating retail pharmacy shall submit claims to the department to verify the amount charged to qualified residents under subsection 5.

D. On a weekly or biweekly basis, the department must reimburse a participating retail pharmacy for the difference between the initial discounted price and the secondary discounted prices price provided to qualified residents under subsection 5 and professional fees, which must be set by the commissioner. The amount of the initial professional fee must be set at $3 per prescription.

E. The department shall collect utilization data from the participating retail pharmacies submitting claims necessary to calculate the amount of the rebate from the manufacturer or labeler. The department shall protect the confidentiality of all information subject to confidentiality protection under state or federal law, rule or regulation.

F.__The department shall conduct ongoing quality assurance activities similar to those used in the MaineCare program.

Sec. 5. 22 MRSA §2681, sub-§7, as enacted by PL 1999, c. 786, Pt. A, §3 and amended by PL 2001, c. 405, §2 and affected by §3, is repealed and the following enacted in its place:

7.__Action with regard to nonparticipating manufacturers and labelers.__The names of manufacturers and labelers who do not