The Republican says he’ll close the pharmacy he owns in Oakland.

AUGUSTA (AP) – Five Republican legislators told Gov. John Baldacci on Wednesday that the state should consider a settlement in its case against Robert Nutting, a fellow GOP lawmaker whose pharmacy’s Medicaid payments have been called into question.

The central Maine lawmakers said in a letter to the Democratic governor that a settlement with Rep. Robert Nutting, who owns True’s Pharmacy in Oakland, is “the reasonable course of action in this case.”

The Department of Human Services says Nutting owes at least $876,000 for overbilling state and federal Medicaid programs over five years.

Nutting says the state’s calculations are in error, that his only mistake was an incorrect interpretation of the billing rules, and that he owes only $563,000.

In August, Nutting announced that he intends to close True’s Pharmacy for good on Sept. 26 if no settlement is reached with the state.

Nutting “has agreed to make amends. It is time for the Department of Human Services to meet him halfway,” says the letter signed by Reps. Julie O’Brien of Augusta, Earle McCormick of West Gardiner, Ken Fletcher of Winslow, Maitland Richardson of Skowhegan and William Browne of Vassalboro.

Baldacci spokesman Doug Dunbar said the governor appreciated hearing the legislators’ concerns, but he is barred by state law from getting involved in an ongoing administrative process.

DHS spokesman Newell Augur said he had not seen the letter to Baldacci, but the department does not dispute that a settlement might be the best approach.

“The fact remains that True’s needs to produce the invoices that document that they purchased the goods that they billed the MaineCare program and Maine taxpayers for,” Augur said.

The state Medicaid program is now known as MaineCare.

The letter to Baldacci said the administration has made it a priority to support small Maine businesses, and adds that state officials “must also have a cooperative attitude that leads to commonsense solutions when regulatory or reporting issues arise.”

Because of an “apparent unwillingness” of DHS to reach a settlement with Nutting, “a valued small business that provides good paying jobs and important health care services in a small Maine town is about to close its doors forever. This is simply unacceptable.”

AP-ES-09-03-03 1804EDT