Perspective               

HHS Officials Hold up Fix to Health Maine Program

The Bush administration is stalling approval of a technical waiver that would allow the state of Maine to continue providing reduced prices on prescription drugs to over 100,000 low-income residents.

In December 2002, a federal appeals court outlawed the program in the face of a drug industry suit stating that the Bush administration had failed to issue written approval of the much-praised Maine program known as Healthy Maine. The program provides discount drugs to individuals who earn below 300 percent of the poverty rate, or $26,580, and do not quality for Medicaid.

State officials promptly contacted the Bush administration outlining three administrative fixes for the Department of Health and Human Services (HHS) that would allow Maine to quickly reinstate the Healthy Maine program. At a recent meeting, according to state officials, the Bush administration declined to approve any of the state's proposals. Instead HHS told Maine health officials to assess program spending at lower income cut-offs.

Like Maine, a number of other states have made efforts to control skyrocketing drug costs and imposed restrictions on pricing in the past few years. "The issue is becoming clearer," said Robert M. Hayes, president of the Medicare Rights Center. "Will the administration support consumer needs and state innovation, or will it continue to bend the public interest in favor of the drug industry?"

The Bush administration has joined the drug industry in asking the U.S. Supreme Court to outlaw another Maine program, Maine Rx, that would save consumers millions of dollars in prescription drug expenses. Lower appellate courts have already upheld theat program in the face of industry suits.

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