Sec. 31.10.48.03. Submission Requirements

A. Pursuant to the requirements of Insurance Article, §15-1628(b), Annotated Code of Maryland, a filing entity shall submit to the Commissioner all participating pharmacy contracts and amendments to contracts.

B. Unless it is disapproved by the Commissioner, a filing entity may not use a contract or amendment to a contract unless:

(1) It has been filed with the Commissioner and 30 days have passed since the filing was acknowledged by the Commissioner in writing as having been received; or

(2) Subject to the filing corrections under §C of this regulation, a filing entity receives written notice that the contract or amendment to a contract may be used in Maryland and at least 30 days have passed since the initial filing was acknowledged by the Commissioner in writing as having been received.

C. A filing entity that receives written notice from the Commissioner that its contract or amendment to a contract contains defects and is disapproved may resubmit the filing indicating the corrections made.

D. Except under the circumstances in §C of this regulation, a filing entity may not file a contract or amendment that has been previously disapproved by the Commissioner.

E. Nothing in this regulation shortens the time period for notice under Insurance Article, §15-1628(a), Annotated Code of Maryland, which requires a PBM to provide at least 30 working days’ notice before any contract change.

F. The filing shall include a cover letter which includes the following:

(1) A list of the contracts and amendments included in the submission; and

(2) A brief description of the purpose of each contract and amendment included in the submission.

G. Each page of a contract or amendment shall be identified by a form number which is unique to that form. This number shall be printed in the lower left-hand corner of the first page, and no other number shall appear in close proximity to the form number.

H. A filing made under this chapter shall include a signed certification from a responsible officer of the filing entity that, to the best of the officer’s knowledge and belief, the contracts and amendments comply with applicable statutes and regulations.

I. A PBM may not file a contract or amendment before the PBM has successfully registered as a PBM with the Commissioner.