§ 2-803. Notification of price increase to Attorney General; procedures
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Health - General, § 2-803
§ 2-803. Notification of price increase to Attorney General; procedures
(a) The Maryland Medical Assistance Program may notify the Attorney General of any increase in the price of an essential off-patent or generic drug when:
(b) On request of the Attorney General, the manufacturer of an essential off-patent or generic drug identified in a notice under subsection (a) of this section, within 45 days after the request, shall submit a statement to the Attorney General:
(c) The Attorney General may require a manufacturer or a wholesale distributor to produce any records or other documents that may be relevant to a determination of whether a violation of this subtitle has occurred.
(d) On petition of the Attorney General and subject to subsection (e) of this section, a circuit court may issue an order:
(4) Requiring a manufacturer that has engaged in price gouging in the sale of an essential off-patent or generic drug to make the drug available to participants in any State health plan or State health program for a period of up to 1 year at the price at which the drug was made available to participants in the State health plan or State health program immediately prior to the manufacturer's violation of this subtitle; and
(e) The Attorney General may not bring an action for a remedy under subsection (d)(2) through (5) of this section unless the Attorney General has provided the manufacturer or wholesale distributor an opportunity to meet with the Attorney General to offer a justification for the increase in the price of the essential off-patent or generic drug.
(f) Any information provided by a manufacturer or a wholesale distributor to the Attorney General under subsections (b) and (c) of this section shall be considered confidential commercial information for purposes of § 4-335 of the General Provisions Article unless the confidentiality of the information is waived by the manufacturer or wholesale distributor.
Credits
Added by Acts 2017, c. 818, § 1, eff. Oct. 1, 2017.
MD Code, Health - General, § 2-803, MD HEALTH GEN § 2-803
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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