Sec. 1. 5 MRSA §12004-G, sub-§14-D is enacted to read:

14-D. Drug Expenses 22 MRSA

Human Utilization Only §400-C

Services Review

Board

Sec. 2. 22 MRSA c. 108 is enacted to read:

CHAPTER 108

MEDICAID DRUG UTILIZATION AND

PRIOR AUTHORIZATION

§400-A.__General

The Legislature recognizes that outpatient prescription drugs are an essential component of patient care.__A formulary, prior authorization process or treatment protocol pertaining to a state Medicaid program, chapter 855, the elderly low-cost drug program, section 254 or any other state medical assistance program may not be used to make coverage and payment decisions relating to a practitioner's lawful use of prescription drugs unless it meets the requirements of this chapter.__Any rules adopted before or after the effective date of this chapter by the Department of Human Services are void to the extent that they are inconsistent with this chapter.

§400-B.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Board.__"Board" means the Drug Utilization Review Board established under section 400-C.

2.__Committee.__"Committee" means the Pharmacy and Therapeutics Committee established under section 400-E.

3.__Compendia.__"Compendia" for a drug means the "American Hospital Formulary Services Drug Information," or its successor, the "United States Pharmacopeia - Drug Information," or its successor, peer-reviewed medical literature and clinical information submitted to a state Medicaid agency by the pharmaceutical research company that developed the drug and that is registered with the Federal Food and Drug Administration as the drug distributor.