Whereas, persons with acquired immune deficiency syndrome and persons with severe and persistent mental illness who are enrolled in the MaineCare program have particular needs for prescription drugs for their complex medical conditions; and

Whereas, exemption from the MaineCare prior authorization process by July 1, 2004 will best serve the health of those persons and the State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Rulemaking. Resolved: That the Department of Human Services shall adopt rules to ensure access to life-sustaining pharmaceuticals for persons diagnosed with acquired immune deficiency syndrome or severe and persistent mental illness who are enrolled in the MaineCare program. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. The rules must provide for access beginning July 1, 2004 to certain drugs that have been prescribed by a person authorized to prescribe under the laws of this State, that access to be available without completion of a prior authorization process, as follows:

1. For persons with acquired immune deficiency syndrome, the rules must provide access to the prescribed drugs; and

2. For persons with severe and persistent mental illness, the rules must provide access as follows:

A. For a person who has been stabilized on a prescription drug or drugs while an inpatient in a hospital, the rules must provide access to that drug or those drugs when prescribed after discharge from the hospital;

B. For a person who has a diagnosis of bipolar disorder, the rules must provide access to the following prescribed drugs: Lamictal, Gabitril, Neurontin and Topamax;

C. For a person who has a diagnosis of bipolar disorder, schizophrenia or schizoaffective disorder, the rules must