Sec. 4. 22 MRSA §254, sub-§4-C is enacted to read:

4-C.__Appeals.__The eligibility determination made by the department based on information provided by the State Tax Assessor pursuant to Title 36, section 6162-B is final, subject to appeal in accordance with the appeal process established in the Medicaid program;

Sec. 5. 22 MRSA §258 is enacted to read:

§258.__Healthy Maine Prescription Program

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Elderly low-cost drug program" means the program established as part of the Healthy Maine Prescription Program pursuant to section 254.

B.__"Prescription program" means the Healthy Maine Prescription Program established in this section.

2.__Program established.__The Healthy Maine Prescription Program is established as the Medicaid prescription drug discount program authorized pursuant to 42 United States Code, Section

1315, as amended, and the waiver project authorized under that section.

3.__Administration; components.__The department shall administer the prescription program.__The elderly low-cost drug program is a component of the prescription program.

4.__Benefit eligibility.__Benefits are subject to the following provisions.

A.__An individual enrolled in both the elderly low-cost drug program and the prescription program is eligible for the more generous discount authorized under either program in the event overlapping benefits exist.

B.__If a drug rebate is paid for any prescription under the prescription program, a rebate is not due under the elderly low-cost drug program.

C.__The department shall issue a single certificate for eligibility to an individual who is eligible for both the benefit under the elderly low-cost drug program and the benefit under the prescription program.

5.__Copayments.__Notwithstanding section 3173-C, a beneficiary of the prescription program shall make the copayments authorized under the prescription program and the elderly low-cost drug program.

6.__Report.__On or before January 15th each year, the department shall report to the Legislature on the prescription program.

7.__Rules.__The department shall adopt rules to implement this section.__Rules adopted pursuant to this section are__routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 6. 36 MRSA §191, sub-§2, ¶X, as amended by PL 1999, c. 708, §15, is further amended to read:

X. The disclosure to the Department of Human Services, Bureau of Medical Services of information relating to the administration of the elderly low cost low-cost drug program and the Healthy Maine Prescription Program established under Title 22, section 258; and

Sec. 7. 36 MRSA § 6162-B, sub-§2, as amended by PL 1999, c. 707, §2, is further amended to read:

2. Limitation. An individual does not qualify under this program if that individual receives state supplemental income benefits or full Medicaid pharmaceutical benefits.

Sec. 8. 36 MRSA §6162-B, sub-§3, as enacted by PL 1999, c. 401, Pt. KKK, §5 and affected §10 and c. 531. Pt. F, §2, is repealed.

Sec. 9. Emergency rule-making authority. The Department of Human Services shall engage in emergency rulemaking under the Maine Administrative Procedure Act in order to implement the Healthy Maine Prescription Program authorized in this Act on or before July 1, 2001.

Sec. 10. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.

2001-02 2002-03

HUMAN SERVICES, DEPARTMENT OF

Bureau of Family Independence -

Regional

Positions (4.000) (4.000)

Personal Services $141,061 $146,703

All Other 163,485 163,485

________ ________

TOTAL $304,546 $310,188

Provides for the allocation of federal matching funds for the establishment of 2 Clerk Typist II positions and 2 Eligibility Specialist positions for the Healthy Maine Prescription Program.

Bureau of Medical Services

Positions (6.000) (6.000)

Personal Services $200,198 $209,306

All Other 393,738 425,954

________ ________

TOTAL $593,936 $635,260

Provides for the allocation of funds for the establishment of 4 Clerk Typist III positions; one Medical Care Coordinator position; and one Social Services Program Manager position for the Healthy Maine Prescription Program.

Medical Care - Payments to Providers

All Other $2,675,272 $4,613,243

__________ __________

TOTAL $2,675,272 $4,613,243

Provides for the allocation of funds for payments to pharmacy providers under the Healthy Maine Prescription Program.

HUMAN SERVICES, DEPARTMENT OF __________ __________

TOTAL $3,573,754 $5,558,691

Sec. 11. Allocation. The following funds are allocated from Federal Expenditures Funds to carry out the purposes of this Act.

2001-02 2002-03

HUMAN SERVICES, DEPARTMENT OF

Bureau of Family Independence -

Regional

Positions (4.000) (4.000)

Personal Services $141,061 $146,703

All Other 163,485 163,485

________ ________

TOTAL $304,546 $310,188

Provides for the allocation of federal matching funds for the establishment of 2 Clerk Typist II positions and 2 Eligibility Specialist positions for the Healthy Maine Prescription Program.

Bureau of Medical Services

Positions (5.000) (5.000)

Personal Services $200,198 $209,306

All Other 811,213 907,862

__________ __________

TOTAL $1,011,411 $1,117,168

Provides for the allocation of federal matching funds for the establishment of one Medical Care Coordinator position; 2 Provider Relations Specialist positions; one Financial Analyst position; and one Social Services Program Specialist II position for the Healthy Maine Prescription Program.

Medical Care - Payments to

Providers

All Other $5,302,280 $9,190,597

__________ __________

TOTAL $5,302,280 $9,190,597

Provides for the allocation of federal matching funds for payments to pharmacy providers under the Healthy Maine Prescription Program.

DEPARTMENT OF HUMAN SERVICES __________ __________

TOTAL $6,618,237 $10,617,953

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill requires the Department of Human Services to implement the Healthy Maine Prescription Program as the Medicaid prescription drug discount program authorized by federal law. The elderly low-cost drug program is made part of the Healthy Maine Prescription Program.