Ch. 35

1997 LAWS OF MARYLAND

(2) THE PANEL CONSISTS OF:

(I) THREE MEDICAL ONCOLOGISTS CHOSEN BY THE STATE
MEDICAL ONCOLOGY ASSOCIATION;

(II) TWO SPECIALISTS IN THE MANAGEMENT OF AIDS PATIENTS
CHOSEN BY THE STATE AIDS MEDICAL PROVIDER ORGANIZATIONS;

(III) ONE SPECIALIST IN HEART DISEASE APPOINTED BY THE
UNIVERSITY OF MARYLAND MEDICAL SYSTEM; AND

(IV) ONE PHYSICIAN CHOSEN BY THE MEDICAL AND CHIRURGICAL

FACULTY.

(3) THE PANEL SHALL MAKE RECOMMENDATIONS PERIODICALLY AND
WHENEVER THE SECRETARY OF HEALTH AND MENTAL HYGIENE IS NOTIFIED OF A
PARTICULAR DISPUTE ABOUT PAYMENT FOR AN OFF-LABEL USE OF A DRUG.

(4) WITHIN 30 DAYS AFTER THE PANEL'S RECOMMENDATIONS, THE
SECRETARY SHALL SUBMIT A WRITTEN REPORT ON THE RECOMMENDATIONS TO
THE COMMISSIONER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 490AA.

In subsection (c)(1) of this section, the reference to "a contract issued by" a
health maintenance organization is added to clarify the applicability of
subsection (c) of this section.

In subsection (c)(2) of this section, the reference to excluding coverage of a
drug for an "off-label use" of the drug is substituted for the former reference
to excluding coverage of a drug for "a particular indication on the ground that
the drug has not been approved by the federal Food and Drug Administration
for that indication" for brevity and to use the defined term. Consequently, the
former reference to a drug recognized for treatment "of the indication" is
deleted as surplusage.

In subsection (e)(2)(iv) of this section, the reference to the "Medical and
Chirurgical Faculty" is substituted for the former reference to the "State
Medical Association" to reflect the current name of the organization.

In subsection (e)(3) of this section, the reference to making recommendations
whenever the Secretary of Health and Mental Hygiene "is notified of a
particular dispute is substituted for the former reference to making
recommendations whenever a particular dispute "is brought to" the Secretary
of Health and Mental Hygiene for clarity.

In subsection (e)(4) of this section, the reference to the panel's
"recommendations" is substituted for the former reference to the panel's
"decision" for consistency within subsection (e) of this section.

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