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Maine Repeals Pharmaceutical Disclosure Requirements Related to Marketing Costs, Drug Pricing, and Clinical Trials

cmonfils | August 16, 2011

Epstein Becker Green

August 15, 2011 

by Sarah K. Giesting, Amy Dow, and Daniel G. Gottlieb

On July 8, 2011, Governor Paul LePage of Maine signed into law LD 719, “An Act to Make Certain Prescription Drug Disclosure Laws Consistent with Federal Law” (“LD 719”).  LD 719 repeals three statutes that require prescription drug manufacturers and labelers to disclose information related to clinical trials, ME. REV. STAT. ANN. tit. 22, § 2700-A (“§ 2700-A”); marketing costs, ME. REV. STAT. ANN. tit. 22, § 2698-A (“§ 2698-A”); and drug pricing, ME. REV. STAT. ANN. tit. 22, § 2698-B (“§ 2698-B”).  The repeal becomes effective on September 28, 2011.  This Client Alert discusses LD 719. 

Read the full alert online

Maine Revamps Its Health Insurance Laws

cmonfils | June 7, 2011

www.employeebenefitsupdate.com 

Friday, May 27, 2011 

Last week Maine Governor Paul LePage signed into law new legislation (L.D. 1333) intended to make sweeping changes to the Maine individual and small employer group health insurance markets.  Reasonable minds disagree on the efficacy (and desirability) of the law.  While many of the changes primarily affect those who obtain insurance on an individual basis (i.e., not through an employer), the new law does impact Maine employers that provide medical benefits to employees through group insurance contracts and, to a somewhat lesser degree, employers that provide medical benefits through self-funded arrangements. (more…)

State Health Care Reform Update – Maine

cmonfils | May 31, 2011

www.hr.cch.com 

CCH® BENEFITS — 05/25/11

Maine. The state is considering a proposal aimed at promoting the purchase of health insurance across state lines. Maine’s health insurance rates are among the highest in the country, and the proposal would allow Maine residents to purchase policies sold in other states where regulations are less burdensome and rates are lower. Opponents of the proposal argue that Maine residents who purchase insurance from other states would forfeit the consumer protections provided by the Maine, and would encourage young, healthy individuals to purchase coverage out-of-state, leaving older, sicker people behind to deal with even higher monthly premiums. For more information, visit http://www.maine.gov/legis/.

State Health Care Reform Update

Adam V. Russo | August 12, 2010

CCH® BENEFITS, www.hr.cch.com

California

The California Public Employee’s Retirement System (CalPERS) has approved an average increase of more than 9% in health premiums next year for state and local government workers. CalPERS blamed the rate increase on rising costs for hospital care, doctor visits, and prescriptions. The increase will mean higher premiums for public agencies and their 1.3 million employees, dependents, and retirees. For more information, visit http://www.calpers.ca.gov/. (more…)

Maine: PPACA

Adam V. Russo | June 28, 2010

Maine. The Maine Superior Court upheld a Maine official’s decision to deny a profit margin for a Wellpoint, Inc. unit in a health insurance rate request. Anthem Blue Cross and Blue Shield proposed a rate increase of 18.1%, but the state only allowed a 10.9% increase, which was the same increase allowed in 2009. The court noted that the approved 2009 rate for Anthem Blue Cross and Blue Shield’s individual health insurance line met the state’s legal standard and wasn’t inadequate. The 10.9% increase became effective on July 1, 2009. The ruling may resonate in other states where regulators are battling premium hikes. For more information, visit http://www.maine.gov/pfr/insurance/.

Maine Bureau of Insurance Rules

Adam V. Russo | February 26, 2010

Please click below to view bulletin.

Bulletin 371

From the Bench

Adam V. Russo | June 24, 2009

by John H. Eggertsen, Esq. and Michael Friedman, Esq. of SIIA, www.siia.org

I. District of Columbia’s Efforts to Regulate PBMs Preempted by ERISA
In their efforts to combat the ongoing initiatives on the part of several states to regulate the business activities of pharmacy benefit managers (“PBMs”), the PBMs recently won a skirmish. In Pharmaceutical Care Management Association v. District of Columbia, et al. 2009 WL 711771 (D.C.D.C.), a Federal District Court for the District of Columbia held that by regulating the relationship between PBMs and ERISA plans, the District of Columbia’s Access Rx Act of 2004 (the “Act”) “impermissibly intrudes upon a field exclusively reserved for federal regulation,” and thus, is preempted under ERISA. (more…)

Maine Eliminates Workers’ Compensation Reductions for Future Benefits From Any Tort Recovery by the Employee

Adam V. Russo | June 12, 2009

NASP, www.subrogation.org

On June 8, 2009, Maine’s Governor signed into law legislation to reverse the Maine Supreme Court’s decision in Legassie vs. Securities, Inc. See Maine Senate B. 500. The bill clarifies that there will be no reduction of future workers’ compensation benefits to an employee due to a lump sum settlement of a prior work related injury. The bill applies retroactively to all injuries including pending cases and those on appeal.
(more…)

Maine Anti-Subrogation Bill Barring Medical Payments Subrogation Becomes Law

Adam V. Russo | June 12, 2009

NASP, www.subrogation.org

On May 28, 2009 the Governor of Maine signed into law an anti-subrogation bill. See Maine House Bill 513. The new law provides that an insurance policy may not provide for subrogation or give priority to an insurer for payments made “for any hospital, nursing, medical or surgical services” or for any payments made under the med pay coverage when an insured is entitled to reimbursement from a third party. (more…)

Maine’s Workers’ Compensation Statute v. ERISA Policy

Adam V. Russo | July 1, 2008

Many involved in the administration of ERISA Plans do not realize that some state insurance law is preempted even when a fully insured ERISA Plan is involved.

In Spellman  v. United Parcel Service, 540 F. Supp.2d 237 (D.C. Maine 2008), the Court addressed an issue of enforcing Maine’s  workers’ compensation statutes with regards to health plans under ERISA. (more…)