This has been an extremely busy session for Maine law makers and the government affairs people and lobbyists that follow the bills. For pharmacy, I would estimate this session has been as busy as all the previous three years combined. Both last and this week were good examples of that.
Public Hearings
On Wednesday, May 4th…also known as “Super Wednesday” to our pharmacy legislative group, eight (8) bills received a Public Hearing with six (6) of those bills directly or indirectly relating to pharmacy practice in Maine. I wrote and provided testimony on all six of the following bills:
LD612, “An Act to Provide Reimbursement for Medication Therapy Management Services” (Support)
Would allow pharmacists to charge for MTM services.
LD1116, “An Act to Restore Market-Based Competition for Pharmacy Benefit Management Services” (Opposed)
Would repeal Maine’s PBM regulatory law.
LD1364, “An Act to Improve the Quality and Reduce the Cost of Health Care” (Neither for nor against)
AKA the 340b bill…would allow 340b qualified pharmacies to provide drugs to certain medicaid patients on a
voluntary basis.
LD1406, “An Act Regarding the Scope of Services That May be Provided by Pharmacies Owned by Hospitals” (Opposed)
Testimony was provided on behalf of one client (not MPA or MSHP). The bill would allow hospital pharmcies, not licensed by the board of pharmacy, to service skilled nursing facilities owned by the hospitals.
LD1485, “An Act to Promote Transparency in the Medicaid Reimbursement Process” (Support)
This bill allows for a 60-day comment period when MAC prices would be changed, resulting in a reduction of reimbursement.
LD1487, “An Act to Assist Maine Pharmacies” (Support)
Basically a positive re-write of the Maine Pharmacy Practices Act…enhancing Maine’s PBM law. (Support)
Work Sessions
On the following Wednesday, May 11, Work Sessions were conducted on all pharmacy bills that were heard the week before. The results are as follows:
LD612, “An Act to Provide Reimbursement for Medication Therapy Management Services”
This bill will be “Carried Over” until the next legislative session in January…the committee feeling that it needed more information and statistics to move forward with the legislation.
LD1116, “An Act to Restore Market-Based Competition for Pharmacy Benefit Management Services” (Opposed)
The committee passed this bill much to our concern…repealing Maine’s PBM law (regulations) that had been in place since 2003.
LD1364, “An Act to Improve the Quality and Reduce the Cost of Health Care” (Neither for nor against)
This complex bill was also “Carried Over” to the next session…the committee feeling that it needed more information before moving ahead (or not) on this legislation.
LD1406, “An Act Regarding the Scope of Services That May be Provided by Pharmacies Owned by Hospitals” (Opposed)
The committee, after a lengthy discussion, voted a split decision (6-5) Aught Not to Pass the bill. Both the author of the bill and I were called up to provide additional infomation to the committee before their vote.
LD1485, “An Act to Promote Transparency in the Medicaid Reimbursement Process” (Support)
This bill was voted “Aught to Pass” as amended, allowing for a 17-day comment which was the result of a compromise with DHHS. All in all much better than we have now, no comment period where DHHS drops MAC prices any time.
LD1487, “An Act to Assist Maine Pharmacies” (Support)
The committee voted “Aught Not to Pass“, effectively wiping out the hope of any PBM regulation in Maine.
Summary
This was a day of mixed emotions for our pharmacy legislative group…two bills (LD612 and LD1364) carried over…wins on LD1406 and LD1485 and big disappointments on LD1116 and LD1487, the committee voting to support big, out-of-state corporations VS Maine pharmacy, something we did not think would happen in this session.
Respectfully submitted,
Bob Morrissette
Government Affairs Liaison





