Representative Dwayne Prescott [Republican]
Waterboro ~ District 17
Towns in District: Waterboro and part of LymanWould be term limited: 2022
♦ Bills in the Second Reading
♦ Engrossed Bills
♦ Health Coverage, Insurance and Financial Services (Ranking Republican)
✉ P. O. Box 77
North Waterboro, Maine 04061
Return to a list of All Representatives
|Maine People's Alliance, Will of the Voters||0%|
|Maine People's Alliance, 2018||8%|
|Maine Conservation Voters, 2018||2 of 8|
|Maine Conservation Voters, 2017||2 of 7|
|Planned Parenthood Maine Action Fund, 2017||25%|
The graphs below are frequency histograms that show counts of the number of legislators with various scores, color coded by party. The "X" marks this legislator's score in that distribution of scores.
See "Explanations, Legislative scorecards" for the votes included on scorecards and links to sources.
|LD 49||An Act Regarding the Designation of Traumatic Brain Injury on Driver's Licenses and Nondriver Identification Cards||Status: Referred to Transportation Committee, Amended by Committee amendment H-519 and Senate amendment S-360, Enacted, Signed into law June 28, 2019|
This bill requires the Secretary of State, upon request, to issue a sticker to be placed on a person's driver's license or nondriver identification card to indicate that the person has a traumatic brain injury.
This amendment strikes and replaces the bill and:
This amendment removes the appropriations and allocations section.
LD 49 Chaptered Law
LD 49 Chaptered Law fiscal note
|LD 166||An Act To Protect Schoolchildren by Providing Additional Enforcement and Prevention Options for Unlawful Passing of a School Bus||Status: Referred to Transportation Committee, Amended by Committee amendment S-207, Enacted, Signed into law June 17, 2019|
This bill increases the penalty for overtaking a school bus when the bus has stopped with its red lights flashing from a $250 minimum fine to a $500 minimum fine for the first offense and increases the driver's license suspension from 30 days to 60 days for a 2nd offense.
This amendment replaces the bill and changes the title. Instead of increasing the penalty for the illegal passing of a school bus as in the bill, the amendment allows the State or a municipality to use a traffic surveillance camera mounted on a school bus to prove, enforce or open an investigation into a violation of illegally passing a school bus.
The amendment provides that information recorded by a traffic surveillance camera mounted on a school bus is confidential and may be used only to prove, enforce or open an investigation into a violation and may not be retained for more than 30 days unless it is used to open an investigation. It also clarifies that the penalty provision in statute regarding overtaking and passing school buses applies only to the passing or overtaking of a school bus.The amendment also allows school buses to be equipped with extended stop arms that when activated extend 3 to 6 feet outward from the left side of a school bus.
LD 166 Chaptered Law
LD 166 Chaptered Law fiscal note
|LD 251||An Act To Amend the Maine Condominium Act by Extending the Lien Period for Nonpayment of Assessments||Status: Referred to Judiciary Committee, Enacted, Signed into law March 14, 2019|
This bill extends the lien period for nonpayment of assessments under the Maine Condominium Act from 5 years to 6 years.
LD 251 Chaptered Law
LD 251 Chaptered Law fiscal note
|LD 260||An Act To Permit Disability Insurance To Be Offered through the Surplus Lines Market||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-7, Enacted as an emergency measure, Signed into law April 5, 2019|
This bill permits disability insurance to be offered through the surplus lines market in excess of policy limits available from an admitted insurer.
This amendment removes the restriction in the bill that would have limited the offer of disability insurance to only the excess of policy limits available from an admitted insurer. The amendment would allow a licensed producer to place disability insurance through the surplus lines market if coverage is not available from an admitted insurer.
LD 260 Chaptered Law
LD 260 Chaptered Law fiscal note
|LD 368||An Act To Redefine Geographic Association for Multiple-employer Welfare Arrangements||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-49, Enacted, Signed into law May 8, 2019|
This bill replaces the requirement that a multiple-employer welfare arrangement based on geographic association must be established by an association with a principal office in a location within a 40-mile radius of the principal place of business of eligible employers with a requirement that the arrangement must be established by an association with a principal office located in the State.
This amendment replaces the bill. The amendment repeals the provision authorizing a multiple-employer welfare arrangement based on geographic association and removes cross-references to that provision. The amendment authorizes a multiple-employer welfare arrangement by an association with employer members representing multiple trades, industries or professions. The amendment also restores the ability of the Superintendent of Insurance to authorize a separate community rate for fully insured association health plans for multiple employers.
LD 368 Chaptered Law
LD 368 Chaptered Law fiscal note
|LD 566||An Act To Protect Vulnerable Adults from Financial Exploitation||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Enacted, Signed into law April 2, 2019|
This bill requires reporting to the Securities Administrator within the Department of Professional and Financial Regulation, Office of Securities and the Department of Health and Human Services by qualified individuals who reasonably believe that financial exploitation of a vulnerable adult may have occurred, may have been attempted or is being attempted. It defines "qualified individual" to mean an agent, an investment adviser representative and a person who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser. The bill also:
LD 566 Chaptered Law
LD 566 Chaptered Law fiscal note
|LD 664||An Act To Organize Biannual County Meetings for Local School Boards||Status: Referred to Education and Cultural Affairs Committee, Dead, Joint rule 310.3, April 11, 2019|
This bill requires the State Board of Education to organize a biannual meeting in each county for the school boards in each county to engage in peer-to-peer discussions, develop new ideas and review proposed rule changes by the Department of Education and other policies and issues impacting school administrative units. Each school board may send up to 3 representatives, and the state board shall send at least one representative to the biannual county meeting. Costs for a biannual county meeting must be split between the state board and the school administrative units in that county.
|LD 1009||An Act To Provide Protections for Maine Patients Facing Step Therapy||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-432, Enacted, Signed into law June 13, 2019|
This bill requires health insurance carriers to establish a process for prescription drug step therapy exceptions.
This amendment conforms the timeline for responding to a request for a step therapy override exception determination with the existing timeline for prior authorization requests. The amendment clarifies the meaning of exigent circumstances and makes clear that a carrier is required to continue to provide access to the prescription drug subject to step therapy protocol during the consideration of a request for a step therapy override exception determination. The amendment also adds a definition of "stable on a prescription drug" and clarifies that the provisions do not prevent a carrier from requiring an enrollee to try an interchangeable biological product. The amendment also changes the allocation of a new section of the statutory provision to avoid a numbering problem.
LD 1009 Chaptered Law
LD 1009 Chaptered Law fiscal note
|LD 1044||An Act To Advance Children's Cancer Research in Maine||Status: Referred to Transportation Committee, Amended by Committee amendment H-441, Enacted, Signed into law June 20, 2019|
This bill creates the option for an individual to make a donation upon vehicle registration or renewal in support of children's cancer research and establishes the Maine Children's Cancer Research Fund for collection of the donations. All donations are transferred quarterly to an entity determined by the Secretary of State and must be used exclusively for children's cancer research.
This amendment replaces the bill and establishes the Maine Children's Cancer Research Fund administered by the Department of Health and Human Services to support children's cancer research. Amounts available in the fund must be used to provide grants and other funding to support children's cancer research provided by research facilities in Maine that operate children's cancer programs. The amendment also requires the inclusion of a check-off provision on Maine income tax forms for taxpayers who wish to contribute to the fund. The amendment also adds an appropriations and allocations section.
LD 1044 Chaptered Law
LD 1044 Chaptered Law fiscal note
|LD 1162||An Act To Further Expand Drug Price Transparency||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-252, Enacted, Signed into law June 24, 2019|
This bill requires that, if a prescription drug has a wholesale acquisition cost of more than $40 for a course of therapy and there is an increase in the wholesale acquisition cost of that prescription drug of more than 16%, including the proposed increase and the cumulative increases that occurred within the previous two calendar years prior to the current year, the manufacturer of the prescription drug must provide notice to certain registered purchasers.
Under current law the Maine Health Data Organization, referred to as the "organization," is required to collect and report information with regard to the 25 prescription drugs that are the most frequently prescribed in the State, the 25 costliest as determined by the total amount spent on those drugs in the State and the 25 drugs that have the highest year-over-year cost increases in total spending in the State. This bill requires the organization to post online a list of the identified prescription drugs, along with the corresponding wholesale acquisition cost and the percentage of wholesale acquisition cost increase, if applicable, for each identified prescription drug.
The bill directs the organization to develop a plan to collect data from manufacturers that will help explain how prescription drug prices are established. The organization is required to work with other state and national agencies and organizations to determine how to conduct the data collection. The organization is required to submit the plan as well as any recommendations for legislation to the joint standing committee of the Legislature having jurisdiction over judiciary matters by April 1, 2020. That committee may report out legislation to the First or Second Regular Session of the 130th Legislature.
Using the plan developed and reported to the Legislature, starting in 2021 the organization must require the manufacturer of each drug on the list to disclose drug production, research and development costs, marketing and advertising costs and actual costs paid by purchasers. The manufacturer must certify the accuracy of the information and provide it within 60 days after the information is requested by the organization. The organization is authorized to request additional information related to the required information.
The information that the manufacturers are directed to provide to the organization, unless the information is already publicly accessible or available or previously released in the public domain, must be held confidential at the request of the manufacturer. The organization may release information that was previously accessible or available or released in the public domain. The organization may release additional information as long as the information released is not a trade secret. The organization must treat the information as "Level II" information as required by rules that have already been adopted by the organization.
This amendment provides that the manufacturer may voluntarily provide any other information the manufacturer determines relevant to the increase in wholesale acquisition cost, including but not limited to information about all manufacturer-sponsored assistance programs for that drug in the previous year, including the terms of the programs, the total amount of financial assistance provided to residents of the State and the average amount of assistance per resident of the State for whom assistance was provided. This information is not considered confidential and the organization may release it, identifying both the manufacturer and the individual drug.
The organization is required to submit an annual report to the Legislature based on the list of up to 75 drugs and the wholesale acquisition cost information. The organization may include in the report recommendations for increasing prescription drug pricing transparency. Once the organization starts collecting information from manufacturers in 2021, the report must also include at least a summary of the manufacturer information. The organization is required to post the report online.
The bill provides that when a manufacturer violates the reporting requirements, the Board of Directors of the Maine Health Data Organization may impose a fine of not more than $10,000 per day after the deadline for reporting required information. If the manufacturer fails to pay a fine, or if an injunction is necessary, the board may refer the matter to the Attorney General. The Attorney General may bring an action in Superior Court for injunctive relief, enforcement of fines, costs, attorney's fees and any other appropriate remedy.
The legislation does not restrict the legal ability of a prescription drug manufacturer to change prices to the extent permitted under federal law.
The amendment requires prescription drug manufacturers to report annually to the Maine Health Data Organization no later than January 30, 2020 and annually thereafter, on prescription drug prices when the manufacturer has during the prior calendar year increased the wholesale acquisition cost of a brand-name drug by more than 20% per pricing unit, increased the wholesale acquisition cost of a generic drug that costs at least $10 per pricing unit by more than 20% per pricing unit or introduced a new drug for distribution in this State when the wholesale acquisition cost is greater than the amount that would cause the drug to be considered a specialty drug under the Medicare Part D program.
The amendment also requires prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers to provide pricing component data per pricing unit of a drug within 60 days of a request by the Maine Health Data Organization. The amendment defines "pricing component data" as data unique to each manufacturer, wholesale drug distributor or pharmacy benefits manager that evidences the cost to make a prescription drug available to consumers and the payments received by each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers, taking into account any price concessions, and that is measured uniformly among the entities, as determined by rules adopted by the organization.
The amendment provides that reported information is confidential, except that information may be shared in the aggregate and with the Department of Professional and Financial Regulation, Bureau of Insurance for enforcement purposes.Beginning November 1, 2020 and annually thereafter, the amendment requires the Maine Health Data Organization to produce and post on its publicly accessible website an annual report, including information developed from the notifications and disclosures received from prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers on trends in the cost of prescription drugs, an analysis of manufacturer prices and price increases, the major components of prescription drug pricing along the supply chain and the impacts on insurance premiums and cost sharing and other information the organization determines is relevant to providing greater consumer awareness of the factors contributing to the cost of prescription drugs in the State.
LD 1162 Chaptered Law
LD 1162 Chaptered Law fiscal note
|LD 1252||An Act Regarding Snowmobile Registration Fees||Status: Referred to Inland Fisheries and Wildlife Committee, Dead, Concurrence in Ought Not to Pass, May 23, 2019|
This bill requires an annual additional $30 snowmobile registration fee, unless the registrant can show proof of membership in a snowmobile club in the State. It specifies that for a resident family residing in the same household the additional fee is $30 for up to 4 snowmobiles. Lastly, it requires the transfer of $20 collected from this additional fee to the Snowmobile Trail Fund and the transfer of $10 collected from this additional fee to the Snowmobile Enforcement Fund.
|LD 1450||Resolve, To Mitigate the Increasing Waiting List for Services under the MaineCare Section 21 Waiver Program||Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019|
This resolve establishes a 2-year pilot project to provide housing to adults with intellectual disabilities or autism spectrum disorder who are on the waiting list for home and community-based benefits provided under the Department of Health and Human Services rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21. The pilot project must be modeled on a program operated in the Town of Kittery by A House for ME and must provide housing to 2 to 3 residents in each home and, with the assistance of community volunteers, assist those residents in becoming active, contributing members of the community.
|LD 1454||An Act Concerning Elections in Maine Congressional Districts||Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, May 16, 2019|
This bill provides that the voters of a congressional district must determine by referendum vote the method used in that congressional district to elect their Representative to Congress. The voters of a congressional district may choose to elect their Representative to Congress by plurality voting or by ranked-choice voting. The bill requires that such a referendum be held in each congressional district on a date established by the Secretary of State, but not later than 180 days after the effective date of the legislation.
|LD 1597||An Act To Provide a Sales Tax Exemption for Purchases Made by Nonprofit Seasonal Camps||Status: Referred to Taxation Committee, Engrossed in both chambers as amended by Committee amendment H-381, Enacted in both chambers June 4, 2019, Governor's action pending, Governor placed on hold, July 2, 2019|
This bill provides an exemption from the sales and use tax for purchases made by nonprofit organizations that operate seasonal campgrounds in Maine.
This amendment clarifies that the sales tax exemption applies to licensed nonprofit youth camps that are entitled to a property tax exemption. The amendment also adds an appropriations and allocations section.
LD 1597 Amendment H-381 fiscal note
|LD 1648||An Act To Improve Access to Experienced Primary Care Providers in Maine||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 23, 2019|
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to amend the laws regarding the supervision and duties of licensed physician assistants.
|LD 1666||An Act To Require Certain Health Care Providers To Provide Patients Detailed Information on the Risks Associated with the Use of Opioid Medications and Schedule II Drugs||Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 21, 2019|
This bill requires a health care provider who is a prescriber of any opioid medication or a medication that is a schedule II drug, before issuing an initial prescription and before issuing a 3rd prescription of an opioid medication or a medication that is a schedule II drug, to inform a patient of the risks of using the medication, the reason the medication is necessary and alternative treatments that may be available. It also requires the health care provider to include a note in the patient's medical record that the health care provider discussed the information with the patient.