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Maine Repeals Aggregate Spend Laws
As previously reported in the MediSpend blog (see here), on February 18, 2011, a bill was submitted (House Paper No. 530) to "Make Certain Prescription Drug Disclosure Laws Consistent with Federal Law." Specifically, House Paper No. 530 sought to repeal 22 MRSA §2698-A which established the requirement for pharmaceutical manufacturers to report marketing costs, including certain expenditures on health care providers.
On June 29, 2011 the Maine legislature passed House Paper No. 530 which was subsequently signed into law by Governor LePage on July 8, 2011 effectively repealing Maine’s aggregate spend reporting requirements (22 MRSA §2698-A).
The bottom line for pharmaceutical companies is that they are no longer required to report marketing costs (22 MRSA §2698-A), price disclosure (22 MRSA §2698B) and the disclosure of clinical trials (22 MRSA § 2700-A) to the State of Maine.
However, with the Federal "Sunshine Act" becoming a reality in less than 180 days, pharmaceutical and medical device companies will still need to track, aggegate, and report certain spending in Maine, as well as all other states, to be in compliance.
Stay tuned to the MediSpend blog and Legislative Watch for further updates on this evolving regulatory landscape.