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PARRIS N. GLENDENING, Governor
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Ch. 439
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future physical health; or before an
abortion can be performed on the grounds
of mental health there must be
certification in writing by the physician or
surgeon that in his or her professional
judgment there exists medical evidence
that continuation of the pregnancy is
creating a serious effect on the woman's
present mental health and if carried to
term there is a substantial risk of a
serious or long lasting effect on the
woman's future mental health.
Further provided that the Department of
Health and Mental Hygiene shall require
co-payments of $2.09 per prescription
from all fee for service and managed care
enrollees who are not excluded from cost
sharing requirements by federal rules.
Further provided that the Department of
Health and Mental Hygiene shall require
pharmacy co-payments from all
fee-for-service and managed care
enrollees who are not excluded from cost
sharing requirements by federal rules. The
Department of Health and Mental Hygiene
shall implement a tiered co-payment
system which charges $1.00 for generic
drugs and $3.00 for brand-name drugs.
The Department of Health and Mental
Hygiene (DHMH) shall not implement any
other pharmacy cost containment
measures until:
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(1) DHMH has worked with
representatives of the pharmaceutical
and pharmacy industries, prescribers,
and patient advocates to identify cost
containment measures which will
produce savings of at least $12,500,000
in fiscal 2003; and
(2) DHMH submits a report on May 15,
2002 to the budget committees. House
Environmental Matters Committee, and
the Senate Finance Committee that
details the measures that will be
implemented and the projected cost
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- 3405 -
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