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Home » US Law » 2022 Maryland Statutes » Health - General » Title 2 - Maryland Department of Health » Subtitle 8 - Prohibition Against Price Gouging for Essential Off-Patent or Generic Drugs

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 2-802 – 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 2-803 – 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 […]