Ch. 270                                    2003 LAWS OF MARYLAND

3. "Sheltered workshop" means a workshop licensed by the
Developmental Disabilities Administration under Title 7, Subtitle 9 of this 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 may 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.

(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.

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