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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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