Sec. 9. 22 MRSA §2682, as amended by PL 2001, c. 471, Pt. E, §§5 to 7 and affected by §8, is further amended by repealing the section headnote and enacting the following in its place:

§2682.__Display of Maine Rx Plus Program participation information

Sec. 10. 22 MRSA §2693, sub-§1, ¶¶A and B, as enacted by PL 1999, c. 786, Pt. A, §3, are amended to read:

A. By July 1, 2002 2005, the department shall adopt rules establishing the procedures for adoption and periodic review of maximum retail prices, the procedures for establishing maximum retail prices for new prescription drugs and for reviewing maximum retail prices of selected drugs and the procedures for phasing out or terminating maximum retail prices. Prior to adopting rules pursuant to this paragraph, the commissioner shall consult with and consider the recommendations of the commission regarding the rules.

B. By January 5, 2003 2006, the commissioner shall determine whether the cost of prescription drugs provided to qualified residents under the Maine Rx Plus Program pursuant to subchapter I 1 is reasonably comparable to the lowest cost paid for the same drugs delivered or dispensed in the State. In making this determination the following provisions apply.

(1) The commissioner shall review prescription drug use in the Medicaid MaineCare program using data from the most recent 6-month period for which data is available.

(2) Using the data reviewed in subparagraph (1), the commissioner shall determine the 100 drugs for which the most units were provided and the 100 drugs for which the total cost was the highest.

(3) For each prescription drug listed in subparagraph (2), the commissioner shall determine the cost for each drug for qualified residents who are provided those drugs under the Maine Rx Plus Program on a certain date. The average cost for each such drug must be calculated.