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ROBERT L. EHRLICH, JR, Governor Ch. 282
Chapter 153 of the Acts of 2002
SECTION 13. AND BE IT FURTHER ENACTED, That:
(1) No later than June 1, 2003, the Secretary of Health and Mental Hygiene
and the carrier that is required to offer the Short-Term Prescription Drug Subsidy
Plan under Title 15, Subtitle 6 of the Health - General Article shall transfer all Plan
records, data, and other information necessary to operate and administer the Senior
Prescription Drug Program established under this Act to the Board of the Maryland
Health Insurance Plan.
(2) Each individual enrolled in the Short-Term Prescription Drug Subsidy
Plan, established under Title 15, Subtitle 6 of the Health - General Article, on June
30, 2003 shall, at the option of the enrollee and subject to the payment of all necessary
premiums and copayments, be automatically enrolled in the Senior Prescription Drug
Program established under this Act.
(3) It is the intent of the General Assembly that the transition of enrollees
from the Short-Term Prescription Drug Subsidy Plan to the Senior Prescription Drug
Program be accomplished without interruption of benefits for enrollees.
(4) Benefits shall be offered to enrollees through the Senior Prescription Drug
Program established under Title 14, Subtitle 5, Part II of the Insurance Article
beginning July 1, 2003. [On the earlier of the] AT THE end of June 30, 2005 2007, [or
the availability of comparable prescription drug benefits provided by Medicare under
Title XVIII of the Social Security Act, as amended, with no further action required by
the General Assembly,] the Senior Prescription Drug Program established under
Title 14, Subtitle 5, Part II, as amended, shall be abrogated and of no further force
and effect. [If comparable prescription drug benefits are provided by Medicare under
Title XVIII of the Social Security Act, the Secretary of Health and Mental Hygiene
shall notify the Department of Legislative Services, 90 State Circle, Annapolis,
Maryland 21401 no later than 90 days before the prescription drug benefits are to be
provided.]
(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 or Medicare Advantage Plan.
- 1477 -
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