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2005 LAWS OF MARYLAND
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Ch. 281
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(2) INDIVIDUALS WHO ARE DUALLY ELIGIBLE FOR MEDICARE AND
MEDICAID, OR MEDICARE AND THE MARYLAND PHARMACY ASSISTANCE PROGRAM,
MAY BE ENROLLED AUTOMATICALLY IN THE PROGRAM, PROVIDED THAT THEY MAY
ELECT TO OPT OUT OF THE PROGRAM.
(3) ENROLLMENT IN THE PROGRAM FOR INDIVIDUALS WHO ARE
DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID SHALL BEGIN NOT LATER THAN
THE DATE ON WHICH THE AUTO-ENROLLMENT PERIOD FOR THE FEDERAL
MEDICARE PART D PROGRAM BEGINS.
(4) THE DEPARTMENT SHALL DETERMINE THE PROCEDURES FOR
AUTOMATIC ENROLLMENT IN, AND ELECTION TO OPT OUT OF, THE PROGRAM.
(5) INDIVIDUALS WHO MEET THE ELIGIBILITY REQUIREMENTS OF
PARAGRAPH (1) OF THIS SUBSECTION BUT WHO ARE NOT DUALLY ELIGIBLE FOR
MEDICARE AND EITHER MEDICAID OR THE MARYLAND PHARMACY ASSISTANCE
PROGRAM MAY APPLY FOR ENROLLMENT IN THE MEDICARE OPTION PRESCRIPTION
DRUG PROGRAM BY SUBMITTING AN APPLICATION TO THE DEPARTMENT.
(F) THE DEPARTMENT MAY:
(1) ENTER INTO A CONTRACT WITH ONE OR MORE PRESCRIPTION DRUG
PLANS TO COORDINATE THE PRESCRIPTION DRUG BENEFITS PROVIDED UNDER THE
PROGRAM AND THE MEDICARE PART D PRESCRIPTION DRUG BENEFIT;
(2) REQUIRE A PHARMACEUTICAL MANUFACTURER TO PROVIDE
REBATES IN AN AMOUNT NOT LESS THAN THE REBATES PROVIDED TO THE
MEDICAID PROGRAM UNDER § 1927(C) OF TITLE XIX OF THE SOCIAL SECURITY ACT (42
U.S.C. § 1396R-8) AS A CONDITION OF THE PHARMACEUTICAL MANUFACTURER'S
PRODUCTS BEING AVAILABLE TO ENROLLEES;
(3) ENROLL ELIGIBLE INDIVIDUALS INTO A PRESCRIPTION DRUG PLAN
UNDER CONTRACT WITH THE DEPARTMENT, WITH AN OPT OUT PROVISION AT THE
INDIVIDUAL'S DISCRETION;
(4) SPECIFY PROCEDURES FOR INDIVIDUALS TO APPLY FOR
ENROLLMENT IN THE PROGRAM;
(5) CONTRACT WITH A PRIVATE ENTITY TO ASSIST IN ADMINISTRATION
OF THE PROGRAM OR NEGOTIATIONS WITH PRESCRIPTION DRUG PLANS; AND
(6) PAY ALL OR PART OF THE PREMIUMS, DEDUCTIBLES, COINSURANCE
PAYMENTS, AND COPAYMENTS REQUIRED UNDER THE MEDICARE PART D PROGRAM
FOR ENROLLEES.
(G) SUBJECT TO AVAILABLE FUNDS, THE PROGRAM ESTABLISHED UNDER
THIS SUBTITLE SHALL PROVIDE BENEFITS TO THE MAXIMUM NUMBER OF
INDIVIDUALS ELIGIBLE FOR ENROLLMENT IN THE PROGRAM.
(H) THE SECRETARY SHALL ADOPT REGULATIONS TO IMPLEMENT THE
PROGRAM.
- 1462 -
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