Sen. Donna Bailey effort to protect affordability and accessibility of health care in Maine signed by Governor
AUGUSTA – On Friday, June 20, “An Act to Protect Health Care for Rural and Underserved Areas by Prohibiting Discrimination by Participants in a Federal Drug Discount Program,” a bill championed by Sen. Donna Bailey, D-Saco, was signed by Gov. Janet Mills as part of the larger biennial budget bill. Originally introduced as LD 1018, the bill would preserve and protect the 340B Drug Pricing Program in Maine. 340B helps safety net providers — such as Federally Qualified Health Centers (FQHCs) and non-profit hospitals — purchase prescription drugs at a discounted price, offering cost savings that allow them to provide essential health care services at a lower cost to patients.
“Along with my bill to protect Mainers from the negative impact of medical debt on their consumer credit reports, which the Legislature passed and the Governor signed into law, this bill would help Mainers, especially in rural areas, continue to access affordable health care,” said Sen. Bailey. “For months, I have worked to protect this affordable prescription drug program from Big Pharma’s efforts to squeeze Maine families. Sending my bill to the Governor’s desk sends a strong message that the Legislature will stand up for Mainers’ health when greedy corporations try to raise our costs.”
As introduced, LD 1018 is a non-discrimination bill that would prohibit the pharmaceutical industry from forcing hospitals and FQHCs to enter into partnerships that do not offer the 340B program. The bill accomplishes this by:
- Prohibiting discrimination by manufacturers:
- Prohibiting discrimination by others such as carriers and pharmacy benefit managers (PBMs): and
- Giving enforcement responsibility to the Attorney General.
In testimony for the public hearing on the bill, Kristopher Ravin from Penobscot Community Health Care commented on the benefits of the 340B program for community health clinics: “In 2013, more than 1,300 patients at PCHC were prescribed chronic daily opioids, with an average dosage equivalent to 290 mg of morphine per day. Thanks to the savings generated by the 340B program, we were able to launch a comprehensive and compassionate tapering initiative. Over 1,000 patients were successfully tapered off opioids entirely. The number of patients receiving more than 100 mg of morphine equivalents per day was reduced to fewer than five. Simultaneously, we significantly expanded access to recovery services across our organization.”
Arkansas, Kansas, Louisiana, Maryland, Mississippi and West Virginia have already passed laws to protect access to the 340B program. Maine has 144 Federally Qualified Health Centers, with locations from Aroostook to York County.
During the work session, the Health Coverage, Insurance and Financial Services Committee slightly amended the bill to increase the transparency of the program.
LD 210, the legislation that makes up the second part of the biennial budget and includes Sen. Bailey’s bill, was signed by Gov. Janet Mills on Friday.
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