PARRIS N. GLENDENING, Governor

Ch. 102

Program in writing of changes in the Pharmaceutical Benefit Program rules or
requirements at least 30 days before the change is effective.

(2)     Changes that require 30 days' advance written notice under paragraph
(1) of this subsection are:

(i) Exclusion of coverage for classes of drugs as specified by contract;

(ii) Changes in prior or preauthorization procedures; and

(iii) Selection of new prescription claims processors.

(3)     If the Maryland Pharmacy Assistance Program fails to provide advance
notice as required under paragraph (1) of this subsection, it shall honor and pay in full
any claim under the Program rules or requirements that existed before the change for 30
days after the postmarked date of the notice.

(4)     NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE NOTICE
REQUIREMENTS OF THIS SUBSECTION DO NOT APPLY TO THE ADDITION. OF NEW
GENERIC DRUGS AUTHORIZED UNDER § 12-508 OF THE HEALTH OCCUPATIONS
ARTICLE.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Health - General

15-124.

(b)     (1) (I) The Maryland Pharmacy Assistance Program shall reimburse
providers for those kinds of items and services that are covered by the pharmacy program
of the Maryland Medical Assistance Program.

(II) 1. However, for any drug on the Program's interchangeable
drug list, the Program shall reimburse providers in an amount not more than it would
reimburse for the drug's generic equivalent, unless the individual's physician states, in his
or her own handwriting, on the face of the prescription, that a specific brand is "medically
necessary" AND INCLUDES A MEDICAL REASON WHY THE GENERIC CANNOT BE USED
for the particular patient.

2. IF AN APPROPRIATE GENERIC DRUG IS NOT GENERALLY
AVAILABLE, THE DEPARTMENT MAY WAIVE THE REIMBURSEMENT REQUIREMENT
UNDER SUB-SUBPARAGRAPH 1 OF THIS SUBPARAGRAPH.

(c)     (1) [Unless] EXCEPT AS PROVIDED UNDER PARAGRAPH (4) OF THIS
SUBSECTION AND UNLESS the change is made by an emergency regulation, the Maryland
Pharmacy Assistance Program shall notify all pharmacies under contract with the
Program in writing of changes in the Pharmaceutical Benefit Program rules or
requirements at least 30 days before the change is effective.

(2) Changes that require 30 days' advance written notice under paragraph
(1) of this subsection are:

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