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2005 LAWS OF MARYLAND
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Ch. 281
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(5) Beginning April 1, 2003, the carrier required to offer the Short-Term
Prescription Drug Subsidy Plan under Title 15, Subtitle 6 of the Health - General
Article and the Senior Prescription Drug Program under Title 14, Subtitle 5 of the
Insurance Article shall subsidize the Plan and beginning July 1, 2003, the Program,
using the value of the carrier's premium tax exemption.
SECTION 4. AND BE IT FURTHER ENACTED, That:
(a) The Board of Directors of the Maryland Health Insurance Plan may
transfer automatically each individual enrolled in the Senior Prescription Drug
Program on December 31, 2005, into the Senior Prescription Drug Assistance
Program on the effective date of Section 1 of this Act.
(b) The Board of Directors of the Maryland Health Insurance Plan may assign
automatically and at random a Senior Prescription Drug Assistance Program enrollee
to a Medicare Part D plan if, on the effective date of Section 1 of this Act, the enrollee
has not selected a Medicare Part D plan or Medicare Advantage Plan.
SECTION 5. AND BE IT FURTHER ENACTED, That, notwithstanding the
effective date of the changes to the Senior Prescription Drug Program, as enacted by
Sections 1 and 3 of this Act, the Board of Directors of the Maryland Health Insurance
Plan, subject to the limitation on Program funding enacted by Section 1 of this Act,
may extend, for up to 60 days after the availability of prescription drug benefits
provided by Medicare Part D under Title XVIII of the Social Security Act, as emended,
until February 1, 2006, the full benefits of the Program, as the benefits existed prior
to the availability of prescription drug benefits provided by Medicare Part D, to
Program enrollees.
SECTION 6. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that the Medicare Option Prescription Drug Program established
under Section 3 of this Act be the payor of last resort and only cover costs for enrollees
that are not covered under Part D of the federal Medicare program.
SECTION 7. AND BE IT FURTHER ENACTED, That Sections 1 and 2 of this
Act shall take effect on the later of January 1, 2006 or the availability of prescription
drug benefits provided by Medicare Part D under Title XVIII of the Social Security
.. Act, as amended. The Secretary of Health and Mental Hygiene shall notify the
Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401 no
later than 15 days after the date prescription drug benefits provided by Medicare
Part D become available December 15, 2005, regarding the availability on January 1,
2006, of prescription drug benefits provided by Medicare Part D, and, if prescription
drug benefits provided by Medicare Part D are not available on January 1, 2006, the
Secretary of Health and Mental Hygiene shall notify the Department of Legislative
Services no later than 15 days before the prescription drug benefits are to become
available.
SECTION 2. 8. AND BE IT FURTHER ENACTED, That, except as provided in
Section 7 of this Act, this Act shall take effect July 1, 2005.
Approved May 10, 2005.
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