ROBERT L. EHRLICH, JR., Governor                                Ch. 4

(4)      LONG-TERM CARE PROVIDERS;

(5)      MANAGED CARE ORGANIZATIONS;

(6)      ACUTE CARE PROVIDERS;

(7)      LAY CARE GIVERS;

(8)      ADVOCATES FOR WAIVER-ELIGIBLE CANDIDATES; AND

(9)      CONSUMERS.

(P) IN DEVELOPING THE WAIVER APPLICATION UNDER THIS SECTION, THE
DEPARTMENT SHALL:

(1) DETERMINE WHETHER IT IS IN THE BEST INTEREST OF WAIVER
ENROLLEES TO PROVIDE FOR A STANDARD PRESCRIPTION DRUG FORMULARY AND
DRUG UTILIZATION REVIEW FOR MEDICALLY NECESSARY DRUGS FOR WAIVER AND
NONWAIVER RECIPIENTS IN NURSING HOMES; AND

(2) CONSIDER MAINTAINING THE SAME NURSING HOME PRESCRIPTION
DRUG BENEFIT AND UTILIZATION REVIEW FOR ALL NURSING HOME RESIDENTS
UNTIL FEDERAL IMPLEMENTATION OF THE MEDICARE PRESCRIPTION DRUG,
IMPROVEMENT, AND MODERNIZATION ACT OF 2003.

(P) (Q) THE DEPARTMENT SHALL OBTAIN LEGISLATIVE APPROVAL, PRIOR
TO APPLYING TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR ANY
WAIVER UNDER § 1115 OR § 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT THE
WAIVER UNDER THIS SECTION, SUBMIT THE PROPOSED WAIVER TO THE
LEGISLATIVE POLICY COMMITTEE FOR ITS REVIEW AND COMMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That, in developing the
requirements for certification under § 15-141(k) of the Health - General Article, as
enacted by Section 1 of this Act, the Department of Health and Mental Hygiene shall
study ways to provide incentives for community care organizations that are locally
owned, controlled, and operated, and shall report to the Senate Finance Committee
and the House Health and Government Operations Committee, in accordance with §
2-1246 of the State Government Article, on or before September 30, 2004.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That the Department of
Health and Mental Hygiene and the Department of Aging shall develop a plan to
assist local area agencies on aging under § 15-132(l) of the Health—General Article,
as added by this Act, in recruiting staff, assisting with enrollment services, and
monitoring providers, and for updating the provider system to account for differences
in provider size and type. The Department shall report its findings and
recommendations to the Governor and, subject to § 2-1246 of the State Government
Article, to the Senate Finance Committee and the House Health and Government
Operations Committee on or before December 1, 2004 shall annually report to the
General Assembly beginning on December 1, 2004, in accordance with § 2-1246 of the
State Government Article, on the status of the program developed under § 15-141 of
the Health - General Article as enacted by this Act.

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