1994

LAWS OF MARYLAND

Ch. 721

as follows:

Article 43 - Health

(a) (1) The [State Board] SECRETARY of Health
and Mental Hygiene shall [(1)] administer a program of
comprehensive medical and other care in the State [of
Maryland] for indigent and medically indigent persons, or
either of those classes[; for].

(2) FOR this purpose [the Board of Health
and Mental Hygiene is hereby authorized to] HE MAY
contract with insurance companies, nonprofit health
service plans, or with individuals, associations,
partnerships, incorporated or unincorporated groups of
physicians, chiropractors, dentists, podiatrists,
optometrists (as defined in § 372 of this article),
pharmacists, hospitals, nursing homes, nurses, opticians,
and other health practitioners duly licensed or certified
in this State who perform services upon the prescription
or referral of a physician, for the provision of care for
eligible persons[; contracts entered into by the Board].
THE CONTRACTS shall be for a one—year period and may be
renewed[; within]. WITHIN the provisions of the budget
the [Board is hereby] SECRETARY IS authorized to provide
FOR bedside nursing care for eligible persons.

[(2)](3) The [Board] SECRETARY of Health and
Mental Hygiene shall conduct and operate hospitals
established by law and placed under [the] HIS
jurisdiction [of the Board of Health and Mental Hygiene]
for the care of persons suffering from chronic diseases.

(4)    The State Department of Health AND
MENTAL HYGIENE and the physicians and pharmacists
services subcommittees of the Maryland medical assistance
program advisory committee shall meet jointly to
determine which drugs shall be listed in a formulary
system[; and after]. AFTER the meetings, the Department
shall publish the formulary, which shall include those
generic drugs having clinical equivalency. The above
subcommittees shall take due recognition of studies and
recommendations of the U.S. Food and Drug Administration
and shall consult with various schools of pharmacy and
any other medical and pharmacological experts as it shall
deem advisable.

(5)    The form used for prescribing drugs
under the medicaid program in Maryland shall include the
following statement: This prescription shall be filled by
a generic equivalent from the State [Health] Department
OF HEALTH AND MENTAL HYGIENE formulary, unless checked by
the prescribing physician.

(6)    Unless the prescriber indicates
otherwise on the form or on an attached signed