A.__Conform to nationally accepted standards for a sound and adequate drug formulary system that promotes rational, clinically appropriate and safe access to medically necessary prescription drugs, ensures that members have timely and appropriate access to these drugs and does not discriminate based on disease or condition;

B.__Be structured to maintain at least the same therapeutic categories and pharmacological classes of drugs provided on the MaineCare preferred drug list in effect on July 1, 2005; and

C.__With respect to atypical antipsychotic drugs:

(1)__Ensure that atypical antipsychotic drugs remain available in the same manner as on July__1, 2005;

(2)__Adopt any clinical edits approved by the department's psychiatric work group; and

(3)__Conform to national standards for the prescribing of atypical antipsychotic drugs.

Sec. X-2. 22 MRSA §3174-M, sub-§2, as enacted by PL 1993, c. 410, Pt. I, §10, is repealed.

Sec. X-3. 22 MRSA §3174-M, sub-§2-A is enacted to read:

2-A.__Drug formulary committee.__As authorized by Section 1927 (d) (4) (A) of the federal Social Security Act, 42 United States Code, Section 1396r-8, the department shall develop a formulary using the department's MaineCare drug utilization review committee, except that the membership of the formulary committee must include pharmacists who are expert in pharmacotherapy for pediatric, geriatric and psychiatric populations.

A.__A vote of 2/3 of the members of the department's MaineCare drug utilization review committee present is required to add or delete a drug from the list of drugs that are subject to reimbursement and coverage under the MaineCare program.

B.__A determination under rules adopted pursuant to subsection 3 that a drug or category of drug is not covered by the MaineCare program is a final agency action subject to review under the Maine Administrative Procedure Act.