APPROVED CHAPTER
APRIL 14, 2022 606
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 520 - L.D. 1636
An Act To Determine Potential Savings in Prescription Drug Costs by Using
International Pricing
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA c. 1683, sub-c. 4 is enacted to read:
SUBCHAPTER 4
INTERNATIONAL REFERENCED RATE PRICING FOR PRESCRIPTION
DRUGS
§8741. International referenced rate pricing
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Manufacturer" has the same meaning as in section 8731, subsection 3.
B. "Prescription drug" has the same meaning as in section 8731, subsection 3-A.
C. "Referenced rate" means the maximum rate established using the wholesale
acquisition cost and other pricing data described in subsection 2, paragraph B.
D. "Wholesale acquisition cost" has the same meaning as in section 8731, subsection
6.
2. Referenced rates determined. The following provisions govern the determination
of referenced rates of prescription drugs.
A. Based on the payments reported in the organization's claims database, the
organization shall identify the 100 most costly prescription drugs and the 100 most
frequently prescribed prescription drugs in the State, the manufacturers of those drugs
and the average wholesale acquisition cost for each drug for the most current 12-month
period.
B. To the extent possible, the organization, in conjunction with the Maine Prescription
Drug Affordability Board established in Title 5, section 12004-G, subsection 14-I, shall
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 determine the referenced rate for each drug identified in paragraph A by comparing the
wholesale acquisition cost to the cost in official publications of the governments of the
Canadian provinces of Ontario, Quebec, British Columbia and Alberta. The referenced
rate for each prescription drug must be calculated as the lowest cost among the
resources described in this paragraph and the wholesale acquisition cost for the most
recent 12-month period. If a specific drug identified in paragraph A is not included
within the resources described in this paragraph, the organization shall use for the
purpose of determining the referenced rate the ceiling price for drugs as reported in
other official publications of the government of Canada.
C. For each drug identified in paragraph A, the organization shall determine the
potential savings that could be achieved by subjecting those drugs to the referenced
rate as calculated pursuant to paragraph B. The savings must be determined based on
the payments reported in the organization's claims database for the most current 12-
month period.
3. Reporting. By January 1, 2023, and annually thereafter, the organization shall
produce and post on its publicly accessible website a report including the information
required under subsection 2. The organization shall submit the report required by this
subsection to the Office of Affordable Health Care established in Title 5, section 3122, the
Maine Prescription Drug Affordability Board established in Title 5, section 12004-G,
subsection 14-I and the joint standing committee of the Legislature having jurisdiction over
health data reporting and prescription drug matters. The joint standing committee of the
Legislature having jurisdiction over health data reporting and prescription drug matters
may report out legislation based on the report to the first regular or second regular session
of the Legislature, depending on the year in which the report is submitted.
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