Sen. Bailey introduces bill to increase access to mail-order prescription drugs

AUGUSTA — On Tuesday, Jan. 20, Sen. Donna Bailey, D-Saco, introduced legislation to increase access to prescriptions when mail-order prescription drugs arrive late or in an unusable condition. LD 2005, “An Act Regarding Mail Order Delivery of Prescription Drugs,” was the subject of a public hearing before the Legislature’s Health Coverage, Insurance and Financial Services Committee, which the senator chairs.

“Just last week, one of my Saco constituents contacted me and expressed their concerns about delays in delivery and missing pieces of mail from the United State Postal Service,” said Sen. Bailey. “She wasn’t the first, and she certainly won’t be the last. Out of all of these calls, I worry the most about my constituents who receive their prescription drugs — some of which really cannot risk being skipped for even a single dose — in the mail. With this bill, I hope to alleviate some of that stress and worry, ensuring that Mainers have access to their medications, regardless of whether or not the rest of the mail is on time.”

Mail-order pharmacies, which ship medication to patients’ homes, protect access to prescription drugs for Mainers who cannot pick up prescriptions in person at their local brick-and-mortar pharmacies or who live in pharmacy deserts. Sen. Bailey’s bill seeks to bolster those protections by ensuring mail-order pharmacy users are guaranteed access to a backup plan should their medications arrive damaged or dangerously late.

Recently, Washington State enacted a similar law. It requires that, if a covered person uses a mail-order pharmacy, the Pharmacy Benefits Manager (PBM) must allow for dispensing at a local network pharmacy if the mail-order is delayed by more than one day after the expected delivery date provided by the mail-order pharmacy — or if the order arrives in an unusable condition.

In the coming weeks, the Committee will conduct a work session on the bill.

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