Sections
Subchapter 1 Maine Rx Plus Program 2681 – 2682
Subchapter 1-A Prescription Drug Academic Detailing 2685
Subchapter 1-B Maximum Allowable Cost List 2687
Subchapter 2 Prescription Drug Price Reduction Act 2691 – 2694
Subchapter 3 Profiteering in Prescription Drugs 2697 – 2698

Terms Used In Maine Revised Statutes > Title 22 > Subtitle 2 > Part 5 > Chapter 603 - Prescription Drug Access

  • Academic detailing: means the provision of information regarding prescription drugs based on scientific and medical research, including information on therapeutic and cost-effective use of prescription drugs. See Maine Revised Statutes Title 22 Sec. 2685
  • Account: means any one of the 3 accounts created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
  • Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means :
A. See Maine Revised Statutes Title 24-A Sec. 5001
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the Maine Life and Health Insurance Guaranty Association created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Average final compensation: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Average wholesale price: means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally recognized drug pricing file. See Maine Revised Statutes Title 22 Sec. 2681
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the Manufactured Housing Board or its employees. See Maine Revised Statutes Title 10 Sec. 9061
  • Board of directors: means the board of directors of the association. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Certificate: means any certificate delivered or issued for delivery in this State under a group Medicare supplement policy. See Maine Revised Statutes Title 24-A Sec. 5001
  • Certificate form: means the form on which the certificate is delivered or issued for delivery by the issuer. See Maine Revised Statutes Title 24-A Sec. 5001
  • Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 9061
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Coordinated community program: means a system for providing all necessary social services in a manner designed to:
  • A. See Maine Revised Statutes Title 22 Sec. 5114
  • Covered drugs: means drugs that are on the MaineCare preferred drug list established and revised from time to time by the department pursuant to its authority to operate the MaineCare program. See Maine Revised Statutes Title 22 Sec. 2681
  • Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Department: means the Department of Professional and Financial Regulation or its employees. See Maine Revised Statutes Title 10 Sec. 9061
  • Dependent: A person dependent for support upon another.
  • Dirigo Health insurance: means the program of health coverage provided under Title 24-A, section 6910. See Maine Revised Statutes Title 22 Sec. 2685
  • Disabled: means that the member is mentally or physically incapacitated under the following conditions:
  • A. See Maine Revised Statutes Title 5 Sec. 18521
  • Distributor: means any person engaged in the sale and distribution of manufactured homes for resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Docket: A log containing brief entries of court proceedings.
  • Earnable compensation: includes :
    (1) Workers' compensation benefits;
    (2) Maintenance, if any;
    (3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
    (4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001
  • Elderly low-cost drug program: means the elderly low-cost drug program provided under section 254-D. See Maine Revised Statutes Title 22 Sec. 2685
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Federal manufactured home construction and safety standard: means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code § 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9002
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
  • 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. See Maine Revised Statutes Title 22 Sec. 2685
  • Impaired insurer: means a member insurer that, after the effective date of this section, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Insolvent insurer: means a member insurer that, after the effective date of this section, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Issuer: includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations and any other entity delivering or issuing for delivery in this State Medicare supplement policies or certificates. See Maine Revised Statutes Title 24-A Sec. 5001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2681
  • Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2697
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local district: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Maine Rx Plus Program: means the Maine Rx Plus Program established under section 2681. See Maine Revised Statutes Title 22 Sec. 2685
  • MaineCare program: means the MaineCare program administered under chapter 855. See Maine Revised Statutes Title 22 Sec. 2685
  • Manufactured housing: means for the purpose of this subchapter, a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9061
  • Manufacturer: means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. See Maine Revised Statutes Title 22 Sec. 2697
  • Manufacturer: means any person engaged in manufacturing or assembling manufactured homes, regardless of the destination of the homes, including any person engaged in importing homes for resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the Social Security Amendments of 1965, as amended. See Maine Revised Statutes Title 24-A Sec. 5001
  • Medicare supplement policy: means a group or individual policy of accident and sickness insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan or health maintenance organization other than a policy issued pursuant to a contract under the federal Social Security Act, 42 United States Code § 1395, et seq. See Maine Revised Statutes Title 24-A Sec. 5001
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Member insurer: means an insurer or health maintenance organization that is licensed or that holds a certificate of authority to transact in this State any kind of insurance, annuity or health maintenance organization business for which coverage is provided under section 4603 and includes an insurer or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include:
  • A. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3?A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 5 Sec. 17001
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open enrollment period: means the 6-month period beginning when an individual of any age first enrolls for benefits under Medicare Part B and the 6-month period beginning on the 65th birthday of an individual who has enrolled for benefits under Medicare Part B before turning 65 years of age. See Maine Revised Statutes Title 24-A Sec. 5001
  • Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002
  • Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity or voluntary organization. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Policy form: means the form on which the policy is delivered or issued for delivery by the issuer. See Maine Revised Statutes Title 24-A Sec. 5001
  • Premiums: means amounts or considerations by whatever name called received on covered policies or contracts less returned premiums, considerations and deposits and less dividends and experience credits. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Receivership court: means the court in the impaired or insolvent insurer's state having jurisdiction over the conservation, rehabilitation or liquidation of the insurer. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • retail pharmacy: means a retail pharmacy located in this State, or another business licensed to dispense prescription drugs in this State, that participates in the program. See Maine Revised Statutes Title 22 Sec. 2681
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Secondary discounted price: means the initial discounted price minus any further discounts paid for out of the fund. See Maine Revised Statutes Title 22 Sec. 2681
  • Secretary: means the Secretary of the United States Department of Housing and Urban Development. See Maine Revised Statutes Title 10 Sec. 9061
  • Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
  • Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Social services: means any of the following services that meet such standards as the commissioner may prescribe:
  • A. See Maine Revised Statutes Title 22 Sec. 5114
  • State: means a state, the District of Columbia, Puerto Rico or a United States possession, territory or protectorate. See Maine Revised Statutes Title 24-A Sec. 4605-A
  • State administrative agency: means the department that has been approved or conditionally approved to carry out the state plan for enforcement of the standards pursuant to section 623 of the Housing and Community Development Act of 1974, Public Law 93-383, 42 United States Code § 5422 and Title 24 of the Code of Federal Regulations, Part 3282, Subpart G. See Maine Revised Statutes Title 10 Sec. 9061
  • State employee health insurance program: means the state employee health insurance program provided under Title 5, section 285. See Maine Revised Statutes Title 22 Sec. 2685
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 5001
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Verdict: The decision of a petit jury or a judge.