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An Act To Ensure the Safety of Children in the MaineCare Program Who Are Prescribed Antipsychotic Medications
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-QQ  is enacted to read:
§ 3174-QQ. Antipsychotic medication for children
Beginning January 1, 2012, the department shall provide coverage for antipsychotic medication to a MaineCare member who is a child in accordance with this section.
 
1.  Approved treatment.     Antipsychotic medication may be provided to a MaineCare member who is a child for a treatment that has been approved by the United States Department of Health and Human Services, Food and Drug Administration, when prescribed for a treatment approved by that agency. A health care provider who prescribes an antipsychotic medication under this subsection shall document in the child's health care record the child's diagnosis, the prescribed medication, dosage and length of treatment and the regimen that the health care provider will follow to monitor the drug's effectiveness and possible side effects.
 
2.  Off-label treatment.     Antipsychotic medication may be provided to a MaineCare member who is a child for a treatment that has not been approved by the United States Department of Health and Human Services, Food and Drug Administration, when prescribed in accordance with this subsection. A health care provider who prescribes an antipsychotic medication under this subsection shall document in the child's health care record:
 
A.  The child's clearly defined symptoms and diagnosis; the prescribed medication, dosage and length of treatment; the treatment goals; and the use of behavioral therapies, nonpharmacological interventions and other prescription medications; and
 
B.  The regimen that the health care provider will follow to monitor effectiveness and possible side effects, which must include a follow-up appointment within 3 months and regular biannual or more frequent monitoring of the drug's effectiveness and possible side effects and of the child's response to treatment.
 
3.  Rulemaking.     The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill provides specific requirements for the provision of antipsychotic medications to children in the MaineCare program. It provides for uses approved and for uses not approved by the United States Department of Health and Human Services, Food and Drug Administration. It provides for documentation in the child's health care record and for monitoring for effectiveness and side effects. It directs the Department of Health and Human Services to adopt routine technical rules to implement the new requirements.