E.__"Health plan" means a health plan providing prescription drug coverage as authorized under the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, Public Law 108-173.

F.__"Individual" means a natural person who is the subject of prescription drug information.

G.__"Pharmacy benefits manager" has the same meaning as in section 2699, subsection 1, paragraph F.

H.__"Prescription drug information" means information concerning prescription drugs as defined in Title 32, section 13702, subsection 24 and includes prescription drug orders as defined in Title 32, section 13702, subsection 25.

I. "Prescription drug information intermediary" means a person or entity that communicates, facilitates or participates in the exchange of prescription drug information regarding an individual.__"Prescription drug information intermediary" includes, but is not limited to, a pharmacy benefits manager, a health plan and an electronic transmission intermediary.

2.__Confidentiality of health care information.__A prescription drug information intermediary may not sell or exchange for value prescription drug information that identifies directly or indirectly the individual except if expressly permitted under section 1711-C, Title 24, Title 24-A or the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended.

3.__Enforcement.__A violation of this section is a violation of the Maine Unfair Trade Practices Act.

Sec. 2. 22 MRSA §2700-A, sub-§4, as enacted by PL 2005, c. 392, §1, is amended to read:

4. Fees. Beginning April 1, 2006, each manufacturer of prescription drugs that are provided to Maine residents through the MaineCare program under section 3174-G or the elderly low- cost drug program under section 254 shall pay a fee of $1,000 per calendar year to the department State. Fees collected under this subsection must be used to cover the cost of overseeing implementation of this section, including but not limited to maintaining links to publicly accessible websites to which