Maine Official Says ‘Politics’ at Play in Bush Administration Position on PhRMA Suit Against Maine Rx

Maine Department of Human Services Commissioner Kevin Concannon on Oct. 1 said that political considerations prompted the U.S. Department of Justice to file a brief with the Supreme Court last month in opposition to Maine Rx, a program that would allow the state to serve as a pharmacy benefit manager for 325,000 residents without prescription drug coverage, the Portland Press Herald reports (Weinstein, Portland Press Herald, 10/2). Under the program, enacted by the state Legislature in 2000 but not in effect, Maine would negotiate with pharmaceutical companies for rebates on prescription drugs equal to or larger than those set by federal law for the Medicaid program. The state would pass the rebate to pharmacies, which would offer a discount to Maine Rx enrollees. In 2000, the Pharmaceutical Research and Manufacturers of America filed a lawsuit against Concannon and Maine Rx. PhRMA v. Concannon alleges that the program violates federal Medicaid law and interstate commerce laws. A federal district court in Maine ruled in favor of PhRMA, but the 1st U.S. Circuit Court of Appeals in Boston overturned the decision in May 2001 (Kaiser Daily Health Policy Report, 9/23). At the time, U.S. Solicitor General Theodore Olson recommended that the Supreme Court not hear an appeal of the case, which would have allowed the state to implement the program (Portland Press Herald, 10/2). However, the Supreme Court in June accepted the case. In a brief filed with the court on Sept. 20, the Justice Department questioned the legality of Maine Rx, which the brief said does not target low-income or elderly residents or those with other requirements for help with the cost of prescription drugs (Kaiser Daily Health Policy Report, 9/23). "For some reason, the same solicitor general who said to the Supreme Court, 'We don't think you should take the case' now is siding with PhRMA," Concannon said, adding, "I can't help but wonder, were there politics in this?" (Portland Press Herald, 10/2).

'Disappointment' from Senate Candidates
In related news, candidates in Maine's U.S. Senate race on Tuesday expressed "disappointment" that the Justice Department opposes Maine Rx, the AP/Bangor Daily News reports. Former state Sen. Chellie Pingree (D), who sponsored the Maine Rx law, criticized the Bush administration for "siding with big drug companies over Maine's seniors and families who would benefit from lower cost prescription drugs" (Adams, AP/Bangor Daily News, 10/2). Pingree added that the program "has broad support in our state and in Congress, and yet PhRMA ... and the Bush administration are joining forces to effectively block this innovative solution to control drug costs." Sen. Susan Collins (R-Maine) said, "I have long believed that states are the laboratories for change in administering innovative programs. Last October, I wrote to the Justice Department urging that Maine Rx be allowed to go forward. The recent brief filed by Olson is disappointing and it is my hope that the full court will allow Maine the latitude it needs to execute" the program (Portland Press Herald, 10/2).