ROBERT L. EHRLICH, JR., Governor                           H.B. 363

BY adding to

Article—Health—General

Section 15-118.1

Annotated Code of Maryland

(2000 Replacement Volume and 2002 Supplement)

BY repealing and reenacting, with amendments,
Article—Health—General
Section 15-124 and 15-124.1
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

Preamble

WHEREAS, Unrestricted access to psychiatric medications is critical to the
successful treatment of mental illnesses and brain disorders; and

WHEREAS, The implementation of preferred drug lists, formularies, and prior
authorization programs in other states has been documented to result in a
deterioration of patient care and increased psychiatric hospitalization; and

WHEREAS, A cost containment program that results in increased
hospitalization will not save money for the State of Maryland but simply transfer
costs to other areas of the State budget; and

WHEREAS, The human costs of restricting access to psychiatric medications
far exceed the potential financial savings to the State of Maryland; and

WHEREAS, Legislation introduced during the 2002 Session of the Maryland
General Assembly prohibiting the Department of Health and Mental Hygiene from
establishing prior authorization requirements or restricting coverage for medications
used to treat mental illnesses and brain disorders in the Maryland Medical Assistance
Program passed the Maryland House of Delegates and the Senate of Maryland; now,
therefore,

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

Article - Health - General

15-101.

(a) In this title the following words have the meanings indicated.

(i) "Program" means the Maryland Medical Assistance Program.

15-118.1.

(A) (1) THIS SECTION DOES NOT APPLY TO DRUGS COVERED BY MANAGED
CARE ORGANIZATIONS UNDER § 15-103 OF THIS SUBTITLE.

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