Ch. 232 1997 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article — Insurance

15-822.

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

(2) "AUTHORIZED PRESCRIBER" HAS THE MEANING STATED IN § 12-101
OF THE HEALTH OCCUPATIONS ARTICLE.

(3) "MAINTENANCE DRUG" MEANS A DRUG ANTICIPATED TO BE REQUIRED
FOR 6 MONTHS OR MORE TO TREAT A CHRONIC CONDITION.

(B) THIS SECTION APPLIES TO:

(1) INSURERS AND NONPROFIT HEALTH SERVICE PLANS THAT PROVIDE
COVERAGE FOR DRUGS UNDER HEALTH INSURANCE POLICIES OR CONTRACTS
THAT ARE DELIVERED OR ISSUED FOR DELIVERY IN THE STATE TO EMPLOYERS OR
INDIVIDUALS ON A GROUP OR INDIVIDUAL BASIS;

(2) HEALTH MAINTENANCE ORGANIZATIONS THAT PROVIDE
COVERAGE FOR DRUGS UNDER CONTRACTS THAT ARE DELIVERED OR ISSUED FOR
DELIVERY IN THE STATE TO EMPLOYERS OR INDIVIDUALS ON A GROUP OR
INDIVIDUAL BASIS; AND

(3) A HEALTH INSURANCE CONTRACT OR POLICY PROVIDES
COVERAGE FOR DRUGS THAT IS ISSUED TO A SMALL EMPLOYER UNDER SUBTITLE
12 OF THIS TITLE,

(C) THIS SECTION DOES NOT APPLY TO AN INSURED OR ENROLLEE WHO IS A
RESIDENT OF A LONG TERM CARE FACILITY OR RELATED INSTITUTION. RESIDENT
OF A NURSING HOME

(D) AN ENTITY SUBJECT TO THIS SECTION SHALL ALLOW AN INSURED OR
ENROLLEE, IF AUTHORIZED BY AN AUTHORIZED PRESCRIBER, TO RECEIVE UP TO A
100-DAY 90-DAY SUPPLY OF A MAINTENANCE DRUG IN A SINGLE DISPENSING OF
THE PRESCRIPTION.

(E) WHENEVER AN ENTITY SUBJECT TO THIS SECTION INCREASES THE
CO-PAYMENT FOR A SINGLE DISPENSING OF A PRESCRIPTION IN A SUPPLY IN EXCESS OF
30 DAYS, THE ENTITY SHALL ALSO PROPORTIONATELY INCREASE THE DISPENSING FEE
TO THE PHARMACIST FOR THE PRESCRIPTION.

Article - Health - General

19-706.

(N) THE PROVISIONS OF § 15-822 OF THE INSURANCE ARTICLE SHALL APPLY
TO HEALTH MAINTENANCE ORGANIZATIONS.

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