Section 21-2C-16 – Board and Stakeholder Council Report and Recommendation Concerning Upper Payment Limits
On or before December 1, 2023, the Board, in consultation with the Stakeholder Council, shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on: (1) The legality, obstacles, and benefits of setting upper payment limits on all purchases and payor […]
Section 21-2C-01 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Biologic” means a drug that is produced or distributed in accordance with a biologics license application approved under 42 C.F.R. § 447.502. (c) “Biosimilar” means a drug that is produced or distributed in accordance with a biologics license application approved under 42 U.S.C. § 262(k)(3). (d) “Board” […]
Section 21-301 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Bottled water” means any water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. (2) “Bottled water” does not include: (i) Soft drinks; or (ii) A beverage that is labeled “club soda” or “seltzer water”. (b–1) “Cottage food […]
Section 21-2C-02 – Prescription Drug Affordability Board
(a) (1) There is a Prescription Drug Affordability Board. (2) (i) The Board is a body politic and corporate and is an instrumentality of the State. (ii) The Board is an independent unit of State government. (iii) The exercise by the Board of its authority under this subtitle is an essential governmental function. (b) The purpose of the Board is to protect […]
Section 21-2C-03 – Membership
(a) (1) The Board consists of the following members, who must have expertise in health care economics or clinical medicine: (i) One member appointed by the Governor; (ii) One member appointed by the President of the Senate; (iii) One member appointed by the Speaker of the House of Delegates; (iv) One member appointed by the Attorney General; and (v) One member appointed […]
Section 21-2C-04 – Prescription Drug Affordability Stakeholder Council
(a) There is a Prescription Drug Affordability Stakeholder Council. (b) The purpose of the Stakeholder Council is to provide stakeholder input to assist the Board in making decisions as required under this subtitle. (c) (1) The Stakeholder Council consists of 26 members appointed in accordance with this subsection. (2) The Speaker of the House of Delegates shall appoint: (i) One representative […]
Section 21-2C-05 – Disclosure of Conflicts of Interest
(a) (1) A conflict of interest shall be disclosed: (i) By the Board when hiring Board staff; (ii) By the appointing authority when appointing members and alternate members to the Board and members to the Stakeholder Council; and (iii) By the Board, when a member of the Board is recused in any final decision resulting from a review of a […]
Section 21-2C-06 – Acceptance of Gratuities Prohibited
Members and alternate members of the Board, Board staff, and third–party contractors may not accept any gift or donation of services or property that indicates a potential conflict of interest or has the appearance of biasing the work of the Board.
Section 21-2C-07 – Study and Report — Pharmaceutical Distribution and Payment System in State; Policy Options Used in Other States and Countries
On or before December 31, 2021, the Board, in consultation with the Stakeholder Council, shall: (1) Study: (i) The entire pharmaceutical distribution and payment system in the State; and (ii) Policy options being used in other states and countries to lower the list price of pharmaceuticals, including: 1. Setting upper payment limits; 2. Using a reverse auction marketplace; and 3. Implementing […]
Section 21-2C-08 – Collection, Review, and Use of Transparency Data for Prescription Drug Products
(a) On or before December 31, 2021, the Board shall: (1) Collect and review publicly available information regarding prescription drug product manufacturers, health insurance carriers, health maintenance organizations, managed care organizations, wholesale distributors, and pharmacy benefits managers; and (2) (i) Identify states that require reporting on the cost of prescription drug products; and (ii) Initiate a process of entering into […]