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LAWS OF MAINE
First Special Session of the 118th

Resolves

CHAPTER 71

H.P. 122 - L.D. 146

Resolve, to Establish the Commission to Study the Use of Pharmaceuticals in Long-term Care Settings

     Sec. 1. Commission established. Resolved: That the Commission to Study the Use of Pharmaceuticals in Long-term Care Settings, referred to in this resolve as the "commission," is established; and be it further

     Sec. 2. Commission membership. Resolved: That the commission consists of the following 10 members:

     1. One pharmacist representing long-term care pharmacy providers;

     2. One long-term care pharmacist;

     3. One pharmacist representing a retail pharmacy;

     4. One pharmacist, or a designee, from within the Department of Human Services with expertise in Medicaid reimbursement;

     5. Two members of the Joint Standing Committee on Health and Human Services and one other Legislator;

     6. One member representing persons receiving long-term care;

     7. One physician with experience in long-term care; and

     8. One registered nurse with experience in long-term care.

     The members of the commission are appointed jointly by the Governor, the President of the Senate and the Speaker of the House; and be it further

     Sec. 3. Appointments; meetings. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council upon making their appointments. When the appointment of all members is complete, the chair of the Legislative Council shall call and convene the first meeting of the commission within 14 days after all appointments are made. The commission shall select a chair from among its legislative members; and be it further

     Sec. 4. Duties. Resolved: That the commission shall examine the use of pharmaceuticals in long-term care settings. Specifically, the commission shall examine the following:

     1. The reimbursement formulas given to long-term care pharmacy providers including fees for service and capitation rates for services;

     2. The payment of a consulting fee to providers of long-term care pharmacy services and whether there is an inherent conflict of interest between providing consulting and dispensing services;

     3. The determination of new rules pertaining to dispensing pharmaceuticals in long-term care facilities, such as minimum supply, and fees charged for the same medication dispensed in the same month;

     4. Conflict of interest created by concurrent ownership of long-term care facilities and of pharmacies or other related health care providers that provide services to residents;

     5. Whether there is a practice of overprescribing in long-term care facilities; and

     6. Whether there are potential cost savings and other benefits from more efficient patterns of stocking standard, nonchargeable medical supplies; and be it further

     Sec. 5. Staff assistance. Resolved: That the commission shall request staff and clerical assistance from the Legislative Council; and be it further

     Sec. 6. Report. Resolved: That, no later than January 1, 1998, the commission shall submit a report, together with any necessary implementing legislation, to the Joint Standing Committee on Health and Human Services with a copy to the Executive Director of the Legislative Council. If the commission requires an extension, it may apply to the Legislative Council, which may grant the extension; and be it further

     Sec. 7. Reimbursement and compensation. Resolved: That the commission members who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2 and expenses for attendance at meetings of the commission. Other members are not entitled to compensation; and be it further

     Sec. 8. Meetings. Resolved: That the commission may meet up to 3 times; and be it further

     Sec. 9. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.

1997-98

LEGISLATURE

Commission to Study the Use of Pharmaceuticals in Long-term Care Settings

Provides funds for the per diem and expenses of members of the commission who are Legislators and miscellaneous costs, including printing, of the Commission to Study the Use of Pharmaceuticals in Long-term Care Settings.

Effective September 19, 1997, unless otherwise indicated.

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