Issue Date: December 27, 2013
Volume 40 • Issue 26 • Pages 2183
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.03 Pharmacy Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-103.1, 15-105, and 15-118, Annotated Code of Maryland
Notice of Proposed Action
The Secretary of Health and Mental Hygiene proposes to amend Regulations .03 and .05 under COMAR 10.09.03 Pharmacy Services.
Statement of Purpose
The purpose of this action is to modify the current Medical Assistance pharmacy regulations to make them reflect current practice, and to incorporate recent recommendations by the Office of Attorney General.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to firstname.lastname@example.org, or fax to 410-767-6483. Comments will be accepted through January 27, 2014. A public hearing has not been scheduled.
.03 Conditions for Participation.
To participate in the Program, the provider shall:
A.–L. (text unchanged)
M. Reverse invoice charges for any prescription not picked up by the recipient or their designee within 14 days;
N. Maintain a record of a recipient or designee’s written authorization for automatic refill, if automatic refills are provided;
[M.] O.—[N.] P. (text unchanged)
A.—B. (text unchanged)
C. Limitations on Covered Services.
(1) (text unchanged)
(a)—(b) (text unchanged)
(c) The pharmacy may not automatically refill a prescription unless authorized in writing by the recipient or their designee.
(3)—(9) (text unchanged)
D.—F. (text unchanged)
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene