E. The department shall collect utilization data from the participating retail pharmacies submitting claims necessary to calculate the amount of the rebate from the manufacturer or labeler. The department shall protect the confidentiality of all information subject to confidentiality protection under state or federal law, rule or regulation.

F.__The department shall conduct ongoing quality assurance activities similar to those used in the MaineCare program.

Sec. 5. 22 MRSA §2681, sub-§7, as enacted by PL 1999, c. 786, Pt. A, §3 and amended by PL 2001, c. 405, §2 and affected by §3, is repealed and the following enacted in its place:

7.__Action with regard to nonparticipating manufacturers and labelers.__The names of manufacturers and labelers who do not enter into rebate agreements pursuant to this subchapter are public information.__The department shall release this information to health care providers and the public.__The department shall impose prior authorization requirements in the MaineCare program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and so long as the additional prior authorization requirements remain consistent with the goals of the MaineCare program and the requirements of the federal Social Security Act, Title 19.

This subsection is repealed when subsection 7-A takes effect.

Sec. 6. 22 MRSA §2681, sub-§7-A is enacted to read:

7-A.__Action with regard to nonparticipating manufacturers and labelers.__The names of manufacturers and labelers who do and do not enter into rebate agreements pursuant to this subchapter are public information.__The department shall release this information to health care providers and the public on a regular basis and shall publicize participation by manufacturers and labelers that is of particular benefit to the public.__The department shall impose prior authorization requirements in the MaineCare program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and so long as the additional prior authorization requirements remain consistent with the goals of the MaineCare program and the requirements of the federal Social Security Act, Title 19.