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ROBERT L. EHRLICH, JR., Governor
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Ch. 280
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Annotated Code of Maryland
(2004 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article—Courts and Judicial Proceedings
5-522.
(b) State personnel, as defined in § 12-101 of the State Government Article,
are immune from suit in courts of the State and from liability in tort for a tortious act
or omission that is within the scope of the public duties of the State personnel and is
made without malice or gross negligence, and for which the State or its units have
waived immunity under Title 12, Subtitle 1 of the State Government Article, even if
the damages exceed the limits of that waiver.
Article - Health - General
15-124.1.
(a) (1) In this section the following words have the meanings indicated:
(2) "Enrollee" means an individual who is enrolled in the Maryland
Pharmacy Discount Program.
(3) "Program" means the Maryland Pharmacy Discount Program
established under this section.
(b) There is a Maryland Pharmacy Discount Program within the Maryland
Medical Assistance Program.
(c) The purpose of the Program is to improve the health status of [Medicare
beneficiaries] LOWER-INCOME INDIVIDUALS WHO ARE NOT MEDICARE
BENEFICIARIES AND who lack prescription drug coverage by providing access to lower
cost, medically necessary, prescription drugs.
(d) The Program shall be administered and operated by the Department as
permitted by federal law or waiver.
(e) (1) The Program shall be open to [Medicare beneficiaries] INDIVIDUALS
WHO ARE NOT MEDICARE BENEFICIARIES, who lack other public or private
prescription drug coverage, AND WHO HAVE AN ANNUAL HOUSEHOLD INCOME BELOW
200% OF THE FEDERAL POVERTY LEVEL GUIDELINES.
(2) Notwithstanding paragraph (1) of this subsection, enrollment in the
Maryland Medbank Program established under § 15-124.2 of this subtitle or the
Maryland Pharmacy Assistance Program established under § 15-124 of this subtitle
does not disqualify an individual from being eligible for the Program.
(f) [(1)] Subject to subsection (g) of this section, an enrollee may purchase
medically necessary prescription drugs that are covered under the Maryland Medical
Assistance Program from any pharmacy that participates in the Maryland Medical
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