In this subtitle the following words have the meanings indicated. “Essential off–patent or generic drug” means any prescription drug: 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; That appears on the Model List of Essential Medicines most recently adopted by the World Health Organization; or That has been designated by the Secretary as an essential medicine due to its efficacy in treating a life–threatening health condition or a chronic health condition that substantially impairs an individual’s ability to engage in activities of daily living; That is actively manufactured and marketed for sale in the United States by three or fewer manufacturers; and That is made available for sale in the State. “Essential off–patent or generic drug” includes any drug–device combination product used for the delivery of a drug 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. “Price gouging” means an unconscionable increase in the price of a prescription drug. “State health plan” has the meaning stated in § 2–601 of this title. “State health program” has the meaning stated in § 2–601 of this title. “Unconscionable increase” means an increase in the price of a prescription drug that: Is excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health; and Results in consumers for whom the drug has been prescribed having no meaningful choice about whether to purchase the drug at an excessive price because of: The importance of the drug to their health; and Insufficient competition in the market for the drug. “Wholesale acquisition cost” has the meaning stated in 42 U.S.C. § 1395w–3a.