Sec. 2. 22 MRSA §2698-B, sub-§§2 and 3, as enacted by PL 2003, c. 667, §1 and affected by §2, are repealed.

Sec. 3. 22 MRSA §2698-B, sub-§4, as enacted by PL 2003, c. 667, §1 and affected by §2, is amended to read:

4. Certification. When a manufacturer of prescription drugs dispensed in this State reports the average wholesale price, wholesale acquisition cost, average manufacturer price or best price, the president or chief executive officer an officer of the manufacturer or officer's delegate responsible for reporting Medicaid drug pricing information to the Federal Government shall certify to the department, on a form provided by the commissioner, that the reported prices are accurate are the same as those reported to the Federal Government as required by 42 United States Code, Section 1396r-8(b)(3) for the applicable rebate period.

Sec. 4. 22 MRSA §2698-B, sub-§5, as enacted by PL 2003, c. 667, §1 and affected by §2, is repealed and the following enacted in its place:

5.__Confidentiality; public information.__Notwithstanding any provision of law to the contrary, information submitted to the department pursuant to this section is confidential and is not a public record as defined in Title 1, section 402, subsection 3.__ Disclosure may be made by the department to an entity providing services to the department under this section; however, that disclosure does not change the confidential status of the information.__The information may be used by the entity only for the purpose specified by the department in its contract with the entity.__ Data compiled in aggregate form by the department for the purposes of reporting required by this section is a public record as defined in Title 1, section 402, subsection 3, as long as it does not reveal trade information that is protected by state or federal law.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill limits the pricing information that a manufacturer must report to the Department of Health and Human Services to average manufacturer price and best price as defined by federal law. It eliminates the instructions on calculating