Whereas, the low-income citizens of the State are facing a lack of needed prescription drug services due to the high cost of such services; and

Whereas, the lack of such services poses a health threat to these citizens; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §254, first ¶, as amended by PL 1999, c. 401, Pt. KKK, §1 and affected by §10 and c. 531, Pt. F, §2, is further amended to read:

The As part of the Healthy Maine Prescription Program established under section 258, the Department of Human Services may conduct a program, referred to in this section as the "program," to provide low-cost prescription and nonprescription drugs, medication and medical supplies to disadvantaged, elderly and disabled individuals.

Sec. 2. 22 MRSA §254, sub-§4, as amended by PL 1993, c. 410, Pt. I, §4, is further amended to read:

4. Method of prescribing or ordering drugs. The method of prescribing or ordering these the drugs under subsection 1, which may include, but is not limited to, the use of standard or larger prescription refill sizes so as to minimize operational costs and to maximize economy. Unless the prescribing physician indicates otherwise, the use of generic or chemically equivalent drugs is required, provided that these drugs are of the same quality and have the same mode of delivery as is provided to the general public, consistent with good pharmaceutical practice. Each prescription filled must be for a supply of 90 days unless the prescribing physician or the recipient requests otherwise;

Sec. 3. 22 MRSA §254, sub-§4-A, as amended by PL 1999, c. 731, Pt. TT, §7, is further amended to read:

4-A. Payment for drugs provided. The commissioner may establish the amount of payment to be made by recipients toward