Sec. DDDD-1. 22 MRSA §3174-M, sub-§2-A, as enacted by PL 2005, c. 386, Pt. X, §3, is amended to read:
2-A. Drug formulary committee. As authorized by Section 1927 (d) (4) (A) of the federal Social Security Act, 42 United States Code, Section 1396r-8, the department
shallmay develop a formulary using the department's MaineCare drug utilization review committee, except that the membership of the formulary committee must include pharmacists who are expert in pharmacotherapy for pediatric, geriatric and psychiatric populations.
A. A vote of 2/3 of the members of the department's MaineCare drug utilization review committee present is required to add or delete a drug from the list of drugs that are subject to reimbursement and coverage under the MaineCare program.
B. A determination under rules adopted pursuant to subsection 3 that a drug or category of drug is not covered by the MaineCare program is a final agency action subject to review under the Maine Administrative Procedure Act.
Sec. DDDD-2. PL 2005, c. 386, Pt. X, §§6 and 7 are repealed.
Sec. DDDD-3. Retroactivity. This Part applies retroactively to June 13, 2005.
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