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Ch. 365 2005 LAWS OF MARYLAND
(3) (I) "NICOTINE REPLACEMENT THERAPY" MEANS A PRODUCT THAT:
1. IS USED TO DELIVER NICOTINE TO AN INDIVIDUAL
ATTEMPTING TO CEASE THE USE OF TOBACCO PRODUCTS; AND
2. IS OBTAINED UNDER A PRESCRIPTION WRITTEN BY AN
AUTHORIZED PRESCRIBER.
(II) "NICOTINE REPLACEMENT THERAPY" INCLUDES GUM,
LOZENGES, NASAL SPRAYS, INHALERS, AND TRANSDERMAL PATCHES DOES NOT
INCLUDE ANY OVER-THE-COUNTER PRODUCT THAT MAY BE OBTAINED WITHOUT A
PRESCRIPTION.
(4) "TOBACCO PRODUCT" HAS THE MEANING STATED IN § 10-101 OF THE
CRIMINAL LAW ARTICLE.
(B) (1) THIS SUBSECTION APPLIES TO:
(I) INSURERS AND NONPROFIT HEALTH SERVICE PLANS THAT
PROVIDE COVERAGE FOR PRESCRIPTION DRUGS TO INDIVIDUALS OR GROUPS UNDER
HEALTH INSURANCE POLICIES OR CONTRACTS THAT ARE ISSUED OR DELIVERED IN
THE STATE; AND
(II) HEALTH MAINTENANCE ORGANIZATIONS THAT PROVIDE
COVERAGE FOR PRESCRIPTION DRUGS TO INDIVIDUALS OR GROUPS UNDER
CONTRACTS THAT ARE ISSUED OR DELIVERED IN THE STATE.
(2) AN ENTITY SUBJECT TO THIS SUBSECTION SHALL PROVIDE
COVERAGE FOR:
(I) EXCEPT FOR A DRUG THAT MAY BE OBTAINED
OVER-THE-COUNTER WITHOUT A PRESCRIPTION, ANY DRUG THAT:
1. IS APPROVED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION AS AN AID FOR THE CESSATION OF THE USE OF TOBACCO
PRODUCTS; AND
2. IS OBTAINED UNDER A PRESCRIPTION WRITTEN BY AN
AUTHORIZED PRESCRIBER; AND
(II) TWO 90-DAY COURSES OF NICOTINE REPLACEMENT THERAPY
DURING EACH 12-MONTH PERIOD POLICY YEAR.
(3) AN ENTITY SUBJECT TO THIS SUBSECTION MAY NOT IMPOSE A
DIFFERENT COPAYMENT OR COINSURANCE REQUIREMENT FOR A DRUG OR
NICOTINE REPLACEMENT THERAPY PROVIDED UNDER PARAGRAPH (2) OF THIS
SUBSECTION THAN IS IMPOSED FOR ANY OTHER COMPARABLE PRESCRIPTION.
(C) (1) THIS SUBSECTION APPLIES TO:
(I) INSURERS AND NONPROFIT HEALTH SERVICE PLANS THAT
PROVIDE HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GROUPS
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