This subsection is repealed when subsection 7-A takes effect.

Sec. 6. 22 MRSA §2681, sub-§7-A is enacted to read:

7-A.__Action with regard to nonparticipating manufacturers and labelers.__The names of manufacturers and labelers who do and do not enter into rebate agreements pursuant to this subchapter are public information.__The department shall release this information to health care providers and the public on a regular basis and shall publicize participation by manufacturers and labelers that is of particular benefit to the public.__The department shall impose prior authorization requirements in the MaineCare program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and so long as the additional prior authorization requirements remain consistent with the goals of the MaineCare program and the requirements of the federal Social Security Act, Title 19.

This subsection takes effect on the date that the department begins offering prescription drug benefits under the program.

Sec. 7. 22 MRSA §2681, sub-§8, as enacted by PL 1999, c. 786, Pt. A, §3, is repealed.

Sec. 8. 22 MRSA §2681, sub-§9, as amended by PL 2001, c. 358, Pt. Q, §6, is amended to read:

9. Dedicated fund. The Maine Rx Plus Dedicated Fund, referred to in this section as the "fund," is established to receive revenue from manufacturers and labelers who pay rebates as provided in subsection 4 and any appropriations or allocations designated for the fund. The purposes of the fund are to: reimburse retail pharmacies for discounted prices provided to qualified residents pursuant to subsection 5; to reimburse the department for contracted services including pharmacy claims processing fees, administrative and associated computer costs, professional fees paid to participating retail pharmacies and other reasonable program costs; and to benefit the elderly