Section 2-705 – Procedure
(a) Not less than 15 calendar days before commencement of an audit by the Inspector General under this subtitle, the Inspector General shall give to the provider written notice of the audit, including: (1) The statistically valid sampling methodology to be used; (2) The name, contact information, and credentials of each individual conducting the audit, including the individual […]
Section 2-601 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Claim” means a request or demand, under a contract or otherwise, for money or other property, whether or not the State has title to the money or property, that is: (i) Presented through a State health plan or a State health program to an officer, employee, […]
Section 2-801 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Essential off–patent or generic drug” means any prescription drug: (i) For which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, § 351 of the federal Public Health Service Act, and federal patent law have expired; (ii) 1. That appears on the […]
Section 2-602 – False or Fraudulent Claims
(a) A person may not: (1) Knowingly present or cause to be presented a false or fraudulent claim for payment or approval; (2) Knowingly make, use, or cause to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspire to commit a violation under this subtitle; (4) Have possession, custody, or control […]
Section 2-802 – Price Gouging Prohibited
(a) A manufacturer or wholesale distributor may not engage in price gouging in the sale of an essential off–patent or generic drug. (b) It is not a violation of subsection (a) of this section for a wholesale distributor to increase the price of an essential off–patent or generic drug if the price increase is directly attributable to […]
Section 2-603 – Civil Action
(a) If the State finds that a person has violated or is violating § 2–602(a) of this subtitle, the State may file a civil action in a court of competent jurisdiction within the State against the person. (b) In filing a civil action under this section, the State may seek: (1) The penalties provided under § 2–602(b) of […]
Section 2-803 – General Consideration
(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: (1) The price increase, by itself or in combination with other price increases: (i) Would result in an increase of 50% or more in the wholesale acquisition cost of the drug within the […]
Section 2-604 – Private Cause of Action
(a) (1) (i) A person may file a civil action on behalf of the person and the State in a court of competent jurisdiction within the State against a person who has acted or is acting in violation of § 2–602(a) of this subtitle. (ii) A civil action filed under subparagraph (i) of this paragraph shall be brought in […]
Section 2-605 – Private Cause of Action — Award
(a) (1) If the State intervenes and proceeds with an action filed under § 2–604 of this subtitle and the State prevails, the court shall award the person initiating the action an amount that is: (i) Not less than 15% and not more than 25% of the proceeds of the action or settlement of the claim; and (ii) Proportional […]
Section 2-606 – Private Cause of Action — Restrictions
(a) No court in this State shall have jurisdiction over an action filed under § 2–604 of this subtitle against any member of the Legislative Branch or the Judiciary of the State, any member of the Governor’s Executive Council, the Attorney General, the Comptroller, or the State Treasurer if the action is based on evidence or […]