§ 22 §254-D — Elderly low-cost drug program

The Department of Health and Human Services may conduct the elderly low-cost drug program to provide low-cost prescription and nonprescription drugs, medication and medical supplies to disadvantaged, elderly and disabled individuals.
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Administration.
The commissioner shall provide sufficient personnel to ensure efficient administration of the program. The commissioner shall determine the extent and the magnitude of the program 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 or 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 department may establish priorities of coverage and cost-sharing with available funds. Funds appropriated from the General Fund to carry out the purposes of this section may not lapse but must carry from year to year.
3.
Applications.
The commissioner shall make available suitable applications for benefits under the program with instructions for applicants. Individuals who are eligible for benefits under both MaineCare and Medicare Part D may be deemed eligible for the program without the need for application.
4.
Conduct of program.
This subsection governs the conduct of the program, including the basic, supplemental and catastrophic components, by the department.
5.
Relationship to federal Medicare program.
To the extent permitted by federal law and to the extent that funds are available, the department may:
6.
Education, outreach and materials to increase access.
The department shall provide education and outreach services to applicants and enrollees in the program, MaineCare members and beneficiaries under Medicare Part D to increase access to needed prescription and nonprescription drugs and fully use other private, state and federal programs. The department shall provide materials, which must cover the availability of benefits and the application process and must include brochures, posters for pharmacies and flyers for pharmacists to distribute with prescription drug purchases.
7.
Rulemaking.
The commissioner may adopt rules to implement the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
8.
Emergency drug coverage.
The department shall provide emergency drug coverage to an enrollee when:

Legislative History

RR 2005, c. 1, §4 (COR). PL 2005, c. 401, §A2 (NEW). PL 2005, c. 519, §AAA1 (AMD). PL 2007, c. 240, Pt. RR, §1 (AMD). PL 2011, c. 657, Pt. HH, §1 (AMD). RR 2015, c. 1, §16 (COR). PL 2015, c. 267, Pt. TT, §1 (AMD). PL 2019, c. 343, Pt. ZZ, §1 (AMD). PL 2023, c. 412, Pt. EEEEE, §§1-3 (AMD).