Kevin Concannon and G. Steven Rowe
Respondents
Andrew S. Hagler, Counsel of RecordTo help lower drug prices for the uninsured, the State of Maine devised a plan to use its drug-purchasing power under the Federal Medicaid program for poverty-level individuals to encourage pharmaceutical companies to provide rebates to lower the cost of their drugs in the State. If the companies did not opt to pay into the plan, their drugs would face prior authorization requirements from a State board any time a physician chose to prescribe them to a Medicaid patient. On August 10, 2000, one day before the law was set to go into effect, a…
