|
Federal Government in accordance with 42 United States Code, | Section 1396r-8(b)(3). |
|
| | Sec. 2. 22 MRSA §2698-B, sub-§§2 and 3, as enacted by PL 2003, c. 667, | §1 and affected by §2, are repealed.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| | Sec. 4. 22 MRSA §2698-B, sub-§5, as enacted by PL 2003, c. 667, §1 and | affected by §2, is repealed and the following enacted in its | place: |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. |
|
| | 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 |
|
|