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HARRY HUGHES, Governor
705
without substantive change from former Article
43, § 789(e), the third sentence of § 785(a), and
the first sentence of § 788.
In the introductory clause of subsection (a) of
this section, the word "incurred" is substituted
for "certified", for clarity.
Also in the introductory clause of subsection (a)
of this section, the word "medical" which
formerly modified "treatment", is deleted in
light of its ambiguity, since "medical" may be
interpreted, narrowly, to refer only to treatment
given by a physician or, broadly, to include
treatment given by any health care provider.
This deletion conforms to the practice of the
Commission to pay for treatment not provided
directly by a physician.
In subsection (a)(1) of this section, the phrase
"certified dialysis or transplant center" is
substituted for "approved facility" to conform to
§ 13-309 of this subtitle, which provides for
certification of centers.
In subsection (a)(2) of this section, the
reference to approval "by ... the Commission" is
added to conform to current practice. See also §
13-307(d) of this subtitle, under which the
Commission may adopt rules and regulations for
this approval.
Also in subsection (a)(2) of this section, the
former reference to the District of Columbia is
deleted as unnecessary in light of the use of the
defined term "state".
In subsection (a)(3) of this section, reference
to approval "by the Commission" is added for
clarity. As to distribution of hemodialysis
drugs and devices directly to home dialysis
patients, see HO § 12-603.
In subsection (b) of this section, the reference
to a "facility or program that is not certified
or otherwise approved" is substituted for "any
uncertified center", to conform to subsection (a)
of this section, which authorizes payments for
treatment at certain "uncertified" centers and in
certain programs.
In subsection (c) of this section, reference to
the "Secretary" is substituted for "kidney
disease program" to conform to § 13-308(2) of
this subtitle, under which the Secretary
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