Sec. 1. 22 MRSA §254, as amended by PL 2001, c. 293, §§1 to 4; c. 405, §1 and affected by §3; and amended by c. 439, Pt. HH, §§1 to 3 and affected by §4, is further amended to read:

§254. Elderly low-cost drug program

As part of the Healthy Maine Prescription Program established under section 258, the Department of Human Services may conduct a program, referred to in this section as the "program," to provide low-cost prescription and nonprescription drugs, medication and medical supplies to disadvantaged, elderly and disabled individuals.

The commissioner shall provide for sufficient personnel to ensure efficient administration of the program. The extent and the magnitude of the program must be determined by the commissioner on the basis of the calculated need of the recipient population and the available funds. The department may not spend more on this program than is available through appropriations from the General Fund, dedicated revenue, federal or other grants and other established and committed funding sources. The commissioner may accept, for the purposes of carrying out this program, federal funds appropriated under any federal law relating to the furnishing of free or low-cost drugs to disadvantaged, elderly and disabled individuals and may take such action as is necessary for the purposes of carrying out that federal law and may accept from any other agency of government, individual, group or corporation such funds as may be available to carry out this chapter.

The commissioner shall make available suitable applications with instructions for applicants.

The commissioner may adopt rules relating to the conduct of this program. These rules must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, and must be related to the following aspects of this program:

1. Prescription and nonprescription drugs. The kinds of prescription and nonprescription drugs, medications and medical supplies that may be made available through the operation of this program. Drugs and medications must be provided for the conditions and illnesses provided in this subsection.

A. The basic component of the program must provide drugs and medications for cardiac conditions and high blood pressure, diabetes, arthritis, anticoagulation, hyperlipidemia, osteoporosis, chronic obstructive pulmonary