Ch. 173

1997 LAWS OF MARYLAND

(2) (i) 1. In this paragraph the following words have the meanings

indicated.

2. "Income disregard" means the exclusion of up to $1,000 of
annual income earned by an individual as a client of a sheltered workshop if the
individual's sole other income is derived from a Social Security payment.

3. "Sheltered workshop" means a workshop licensed by the
Developmental Disabilities Administration under Title 7, Subtitle 9 of the Health -
General Article.

(ii) For the purpose of paragraph (1) of this subsection, the Secretary

shall:

1. In order to determine eligibility for the Maryland Pharmacy
Assistance Program, deduct any income disregards from the countable gross income of a
unit that contains a disabled individual;

2. Define excluded assets;

3. Establish a family unit structure; and

4. Beginning July 1, 1985, increase annually at the time Social
Security benefits are increased, rounded to the next highest even $50 level, the income
level within which an individual is eligible for benefits under the Maryland Pharmacy
Assistance Program by the larger of:

A. The percentage by which benefits under Title II of the Social
Security Act (42 U.S.C. 401-433) are increased by the federal government due to
cost-of-living changes as that percentage is reported in the Federal Register pursuant to
42 U.S.C. 415(i)(2)(d) but not to exceed 8 percent; or

B. The dollar amount by which the medical assistance income
schedules are increased by the State.

(b) (1) (i) Reimbursement under the Maryland Pharmacy Assistance
Program shall be limited to maintenance drugs, anti-infectives, and AZT as specified in
regulations to be issued by the Secretary after consultation with the Maryland
Pharmacists Association.

(ii) 1. 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"
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.

(2) The reimbursement shall be up to the amount paid for the same items or
services under the pharmacy program of the Maryland Medical Assistance Program and
shall be subject to a copayment of not more than $5.00 for each covered item or service.

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