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| Sec. 4. 22 MRSA §2681, sub-§§1, 2, 4, 5 and 6, as enacted by PL 1999, c. 786, | | Pt. A, §3, are amended to read: |
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| | | 1. Program goals. The Legislature finds that affordability | | is critical in providing access to prescription drugs for Maine | | residents. This subchapter is enacted by the Legislature to | enable the State to act as a pharmacy benefit manager in order | | take steps to make prescription drugs more affordable for | | qualified Maine residents, thereby increasing the overall health | | of Maine residents, promoting healthy communities and protecting | | the public health and welfare, and to integrate the program as | | part of any statewide program for the uninsured. It is not the | | intention of the State to discourage employers from offering or | | paying for prescription drug benefits for their employees or to | | replace employer-sponsored prescription drug benefit plans that | | provide benefits comparable to those made available to qualified | | Maine residents under this subchapter. |
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| | | 2. Definitions. As used in this subchapter, unless the | | context otherwise indicates, the following terms have the | | following meanings. |
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| | | A. "Average wholesale price" means the wholesale price | | charged on a specific commodity that is assigned by the drug | | manufacturer and is listed in a nationally recognized drug | | pricing file. |
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| | | A-1.__"Covered drugs" means drugs that are on the MaineCare | | preferred drug list established and revised from time to | | time by the department pursuant to its authority to operate | | the MaineCare program. |
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| | B. "Initial discounted price" for a drug means a price that | is less than or equal to the average wholesale price, minus | 6%, plus the dispensing fee provided under the Medicaid | program under this Title | | MaineCare participating retail pharmacies for that drug for | | MaineCare members. |
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| | | C. "Labeler" means an entity or person that receives | | prescription drugs from a manufacturer or wholesaler and | | repackages those drugs for later retail sale and that has a | | labeler code from the federal Food and Drug Administration | | under 21 Code of Federal Regulations, 207.20 (1999). |
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| | | D. "Participating retail pharmacy" or "retail pharmacy" means a | | retail pharmacy located in this State, or another business | | licensed to dispense prescription drugs in this |
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