LD 1890
pg. 2
Page 1 of 3 PUBLIC Law Chapter 667 Page 3 of 3
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LR 2650
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that result in a reduction in the ultimate cost to the purchaser.

 
3.__Description of methodology.__When reporting the average
wholesale price, wholesale acquisition cost, average manufacturer
price and best price, a manufacturer of prescription drugs
dispensed in this State shall also include a detailed description
of the methodologies by which the prices were calculated.

 
4.__Certification.__When a manufacturer of prescription drugs
dispensed in this State reports the average wholesale price,
wholesale acquisition cost, average manufacturer price or best
price, the president or chief executive officer of the
manufacturer shall certify to the department, on a form provided
by the commissioner, that the reported prices are accurate.

 
5.__Confidentiality.__Except as provided in this subsection,
all information provided to the commissioner by a manufacturer of
prescription drugs under this section is confidential and may not
be disclosed by any person or by the department to any person
without the consent of the manufacturer.__ Disclosure may be made
by the department to an entity providing services to the
department under this section.__Disclosure may be ordered by a
court for good cause shown or made in a court filing under seal
unless or until otherwise ordered by a court.__Nothing in this
subsection limits the Attorney General's use of civil
investigative demand authority under the Maine Unfair Trade
Practices Act to investigate violations of this section.

 
6.__Violation.__A violation of this section is a violation of
Title 5, section 207 and must be enforced by the Attorney General
pursuant to Title 5, section 209.

 
7.__Funding restriction.__The department's costs for
implementing this section must be met through the use of money

 
that the Attorney General has acquired as a result of consumer
protection litigation involving pharmaceutical pricing or
practices. General Fund funding may not be used for the purposes
of this section.

 
Sec. 2. Contingent effective date; delayed reporting. When the Attorney
General acquires funds as a result of consumer protection
litigation involving pharmaceutical pricing or practices and the
Attorney General designates these funds as being available for
the implementation of the Maine Revised Statutes, Title 22,
section 2698-B, the Attorney General shall submit a letter to the
Commissioner of Human Services that informs the commissioner of
these facts. That section of this Act that enacts Title 22,
section 2698-B takes effect 30 days after the commissioner
receives this letter, except that section 2698-B may not take


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