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that result in a reduction in the ultimate cost to the purchaser. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 7.__Funding restriction.__The department's costs for | implementing this section must be met through the use of money |
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| 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. |
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| | 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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