PARRIS N. GLENDENING, Governor

Ch. 173

(c) (1) 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:

(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.

(d) (1) The Secretary shall adopt rules and regulations that authorize the
denial, restriction, or termination of eligibility for recipients who have abused benefits
under the Maryland Pharmacy Assistance Program.

(2) As a condition of participation, the Department may require Maryland
Pharmacy Assistance Program participants to apply for eligibility in the Maryland
Medical Assistance Program within 60 days of notification to dc so by the Department.

(3) The rules and regulations shall require that the recipient be given notice
and an opportunity for a hearing before eligibility may be denied, restricted, or
terminated under this subsection.

Chapter 401 of the Acts or 1991, as amended by Chapter 98 of the Acts of 1993 and

Chapter 573 of the Acts of 1995

SECTION 3. AND BE IT FURTHER ENACTED, Thai this Act is an emergency
measure, is necessary for the immediate preservation of public health and safety, has
been passed by the yea and nay vote supported by three-fifths of the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted. [At the end of June 30, 1997, with no further action required by the General
Assembly, this Act shall be abrogated and of no further force and effect.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1997.

Approved April 29, 1997.

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