PART B

Sec. B-1. 22 MRSA §§3174-HH and 3174-II are enacted to read:

§3174-HH.__Coordination of services

For the purposes of maximizing coverage for prescription drugs for members who are enrolled in the MaineCare program, the department may provide prescription drug services for MaineCare members through the elderly low-cost drug program established under section 254-D.

§3174-II.__Relationship to federal Medicare program

1.__Authorization.__To the extent permitted by federal law, with regard to the Medicare Part D benefit established in the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, the department may:

A.__Serve as an authorized representative for MaineCare members for the purpose of enrollment into a Medicare Part D plan;

B.__Apply for Medicare Part D benefits and subsidies on behalf of MaineCare members;

C.__Establish rules by which MaineCare members may opt out of the procedures under paragraphs A and B;

D.__At its discretion, file exceptions and appeals on behalf of MaineCare members who are beneficiaries under Medicare Part D.__The department may identify a designee for this function; and

E.__Identify objective criteria for evaluating Medicare Part D plans for the purposes of assisting or enrolling MaineCare members in Medicare Part D plans.

PART C

Sec. C-1. 22 MRSA §254-A, as amended by PL 2001, c. 691, §2 and affected by §6, is repealed.

Sec. C-2. 22 MRSA §258, sub-§1, ķA, as enacted by PL 2001, c. 293, §5, is amended to read: