Opinion of the Court
Maine Can Begin Operating Its Prescription Drug Program
The Maine Rx program, enacted in 2000, is primarily intended to provide discounted prescription drugs to Maine’s uninsured citizens, but its coverage is open to all residents of the State. Under the program, Maine will attempt to negotiate rebates with drug manufacturers to fund the reduced price for drugs offered to Maine Rx participants. If a drug company does not enter into a rebate agreement, its Medicaid sales will be subjected to a "prior authorization" procedure. In this case, an association of nonresident drug manufacturers has challenged the constitutionality of the Maine Rx program, claiming that the program is preempted…
