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§ 21-2C-13. Process for setting upper payment limits for prescription drug products that lead t...

West's Annotated Code of MarylandHealth--GeneralEffective: April 11, 2023

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 2c. Prescription Drug Affordability Board (Refs & Annos)
Effective: April 11, 2023
MD Code, Health - General, § 21-2C-13
§ 21-2C-13. Process for setting upper payment limits for prescription drug products that lead to affordability challenges
Currentness
In general
(a) If, under § 21-2C-07 of this subtitle, the Board finds that it is in the best interest of the State to establish a process for setting upper payment limits for prescription drug products that it determines have led or will lead to an affordability challenge, the Board, in conjunction with the Stakeholder Council, shall draft a plan of action for implementing the process that includes the criteria the Board shall use to set upper payment limits.
Criteria for setting upper payment limits
(b) The criteria for setting upper payment limits shall include consideration of:
(1) The cost of administering the prescription drug product;
(2) The cost of delivering the prescription drug product to consumers; and
(3) Other relevant administrative costs related to the prescription drug product.
Process
(c) The process for setting upper payment limits shall:
(1) Prohibit the application of an upper payment limit for a prescription drug product that is on the federal Food and Drug Administration prescription drug shortage list; and
(2) Require the Board to:
(i) Monitor the availability of any prescription drug product for which it sets an upper payment limit; and
(ii) If there becomes a shortage of the prescription drug product in the State, reconsider or suspend the upper payment limit.
Approval of plan of action
(d)(1) If a plan of action is drafted under subsection (a) of this section, the Board shall submit the plan of action to the Legislative Policy Committee of the General Assembly, in accordance with § 2-1257 of the State Government Article, for its approval.
(2) The Legislative Policy Committee shall have 45 days to approve the plan of action.
(3) If the Legislative Policy Committee does not approve the plan of action, the Board shall submit the plan to the Governor and the Attorney General for approval.
(4) The Governor and the Attorney General shall have 45 days to approve the plan of action.
(5) The Board may not set upper payment limits unless the plan is approved, in accordance with this subsection, by:
(i) The Legislative Policy Committee; or
(ii) 1. The Governor; and
2. The Attorney General.

Credits

Added by Acts 2023, c. 39 § 1, eff. April 11, 2023; Acts 2023, c. 40, § 1, eff. April 11, 2023.
MD Code, Health - General, § 21-2C-13, MD HEALTH GEN § 21-2C-13
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.
End of Document