CHAPTER 29
S.P. 249 - L.D. 711
Resolve, To Lower the Costs of Prescription Drugs through the Use of the Federal Public Health Service Act
Sec. 1. Study and report. Resolved: That the Department of Human Services shall study and by January 1, 2004 shall provide a report to the Joint Standing Committee on Health and Human Services on the feasibility of providing discounted prescription drugs to Maine's most vulnerable patient populations through the use of Section 340B of the federal Public Health Service Act, 42 United States Code, Section 256b (1999), referred to in this resolve as "Section 340B." The department shall work with other state agencies, representatives of state employees and representatives of health care providers and facilities in the State to provide the following information:
1. Covered entities. A description of all health care providers and facilities in the State potentially eligible for designation as "covered entities" under Section 340B, including without limitation all hospitals eligible as disproportionate share hospitals; recipients of grants from the United States Public Health Service; federally qualified health centers; federally qualified look-alikes; state-operated AIDS drug assistance programs; Ryan White CARE Act Title I, Title II and Title III programs; tuberculosis, black lung, family planning and sexually transmitted disease clinics; hemophilia treatment centers; public housing primary care clinics; and clinics for homeless people;
2. Potential applications and benefits. A listing of potential applications of Section 340B and the potential benefits to public, private and 3rd-party payors for prescription drugs, including without limitation:
A. Application to inmates and employees in youth correctional facilities, county jails and state prisons;
B. Maximizing the use of Section 340B within state-funded managed care plans;
C. Including Section 340B providers in state bulk purchasing initiatives; and
D. Utilizing sole source contracts with Section 340B providers to furnish high-cost chronic care drugs;
3. Section 340B discounts. Discounts available through Section 340B contracts, including estimated costs savings to the State as a result of retail mark-up avoidance, negotiated subceiling prices and coordination with the MaineCare program in order to minimize costs to the program and to other purchasers of prescription drugs; and
4. Identification of resources. The resources available to potential applicants for designation as covered entities for the application process, establishing a Section 340B program, restructuring the health care system or other methods of lowering the cost of prescription drugs. The resources must include state and federal agencies and private philanthropic grants to be used for the purposes of this section; and be it further
Sec. 2. Report out legislation. Resolved: That the Joint Standing Committee on Health and Human Services may report out legislation to the Second Regular Session of the 121st Legislature regarding use in the State of Section 340B, restructuring the health care system or other methods of lowering the cost of prescription drugs.
Effective September 13, 2003, unless otherwise indicated.
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