Ch. 797                                       LAWS OF MARYLAND

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2) "AUTHORIZED PRESCRIBER" MEANS ANY LICENSED
DENTIST, LICENSED PHYSICIAN, OR LICENSED PODIATRIST AUTHORIZED
UNDER THE HEALTH OCCUPATIONS ARTICLE TO PRESCRIBE A
PHARMACEUTICAL PRODUCT.

(3) "PHARMACEUTICAL PRODUCT" MEANS A DRUG OR A

MEDICINE THAT MAY BE PRESCRIBED BY AN AUTHORIZED PRESCRIBER.

(8) A CONTRACT OR POLICY ISSUED OR DELIVERED IN THIS STATE
TO AN EMPLOYER OR INDIVIDUAL BY AN INSURER OR NONPROFIT HEALTH
SERVICE PLAN THAT PROVIDES GROUP OR INDIVIDUAL HOSPITAL, MEDICAL,
OR SURGICAL BENEFITS AND THAT PROVIDES REIMBURSEMENT FOR ANY
PHARMACEUTICAL PRODUCT PRESCRIBED BY AN AUTHORIZED PRESCRIBER MAY
NOT ESTABLISH THE AMOUNT OF REIMBURSEMENT TO THE INSURED OR THE
INSURED'S BENEFICIARY, INCLUDING COPAYMENTS AND DEDUCTIBLES, ON
THE BASIS OF THE IDENTITY, THE PRACTICING SPECIALTY, OR THE
OCCUPATION OF THE AUTHORIZED PRESCRIBER.

(A) (C) AN INDIVIDUAL POLICY OR CONTRACT OR GROUP POLICY OR
CONTRACT ISSUED OR DELIVERED IN THIS STATE TO AN EMPLOYER BY A
NONPROFIT HEALTH PLAN OR INSURANCE COMPANY THAT PROVIDES BENEFITS
FOR PHARMACEUTICAL PRODUCTS MAY NOT IMPOSE A COPAYMENT,
DEDUCTIBLE, OR OTHER CONDITION ON AN INSURED OR CERTIFICATE
HOLDER UTILIZING THE SERVICES OF A COMMUNITY PHARMACY THAT IS NOT
IMPOSED ON AN INSURED OR CERTIFICATE HOLDER UTILIZING THE
SERVICES OF A MAIL ORDER PHARMACY, WHEN SUCH BENEFITS ARE
PROVIDED UNDER THE SAME PROGRAM, POLICY, OR CONTRACT.

(B) (D) THIS SECTION DOES NOT APPLY TO ANY POLICY OR
CONTRACT ISSUED TO AN EMPLOYER PURSUANT TO A COLLECTIVE
BARGAINING AGREEMENT.

(E) THE PROVISIONS OF §§ 354D, 470E, AND 477E OF THIS
ARTICLE DO NOT LIMIT THE AMOUNT OF REIMBURSEMENT PROVIDED UNDER
THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
apply to any contract or policy issued or renewed on or after
July 1, 1989.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

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