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

1. Quarterly report. A manufacturer of prescription drugs dispensed in this State under a health program directed or administered by the State shall, on a quarterly basis, report by National Drug Code the following pharmaceutical pricing criteria to the commissioner for each of its drugs:

A. The average wholesale price;

B. The wholesale acquisition cost;

C. The average manufacturer price as defined in 42 United States Code, Section 1396r-8(k); and

D. The best price as defined in Section 1927 of the Social Security Act, 42 United States Code, Section 1396r- 8(c)(1)(C) as in effect on January 1, 2005.

The pricing information required under this subsection is for drugs defined under the Medicaid drug rebate program.

Sec. 2. 22 MRSA §2698-B, sub-§2, as enacted by PL 2003, c. 667, §1 and affected by §2, is repealed.

Sec. 3. 22 MRSA §2698-B, sub-§§3, 4 and 5, as enacted by PL 2003, c. 667, §1 and affected by §2, are amended to read:

3. Description of methodology. When reporting the average wholesale price, wholesale acquisition cost, average manufacturer price and best price, a manufacturer of prescription drugs dispensed in this State shall also include a detailed description of the methodologies by which the prices were calculated summary of its methodology.__The department may accept the standards of the national drug rebate agreement entered into by the federal Department of Health and Human Services and Section 1927 of the Social Security Act, 42 United States Code, Section 1396r- 8(c)(1)(C) for reporting pricing methodology or may adopt its own standards by rule.

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 or chief officer of the manufacturer or an employee of the manufacturer in a position that reports directly to the chief executive officer or chief financial officer who has been delegated authority to