Chapter 08. Maryland HIV Prevention Case Management Program
Regulation .01 Scope and Purpose.LinkCopy Citation
This chapter:
A.
Defines the Maryland AIDS Drug Assistance Program Fund;
B.
Sets forth the responsibilities of the Maryland Department of Health with respect to the Maryland AIDS Drug Assistance Program Fund; and
C.
Establishes eligibility criteria for receipt of HIV prevention and care services from the Fund.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acquired immunodeficiency syndrome (AIDS)” means the medical condition caused by the human immunodeficiency virus.
(2)
“Department” means the Maryland Department of Health.
(3)
“Fund” means the Maryland AIDS Assistance Program Fund.
(4)
“Human immunodeficiency virus (HIV)” means the virus that causes AIDS.
(5)
“Ryan White HIV/AIDS Program (RWHAP)” means the federal HIV/AIDS initiative administered by the U.S. Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), HIV/AIDS Bureau (HAB).
Regulation .03 Maryland AIDS Drug Assistance Program Fund.LinkCopy Citation
A.
The Maryland AIDS Drug Assistance Program Fund is a nonlapsing, special fund created by Health-General Article, §24-1801, Annotated Code of Maryland, for HIV treatment and care, which is generated from:
(1)
The 340B Drug Pricing Program and any supplemental rebate dollars; and
(2)
Interest earned on the balance of the Fund.
B.
The Department may only expend funds in accordance with Title 26 of the Public Health Service Act governing the allowable uses of RWHAP funds or to meet State-identified HIV priorities.
C.
The Department may make grant awards under the Fund.
D.
Any unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State.
E.
Money expended from the Fund is additive to, and is not intended to take the place of, funding that would otherwise be appropriated to the Department for HIV:
(1)
Surveillance;
(2)
Prevention;
(3)
Treatment; or
(4)
Care.
Regulation .04 Responsibilities of the Department.LinkCopy Citation
The Department:
A.
Shall administer the Fund; and
B.
May spend the Fund on statutorily permitted purposes under the RWHAP or State-identified HIV priorities.
Regulation .05 Eligibility Criteria.LinkCopy Citation
A.
The Fund shall be the reasonable payor of last resort for receipt of HIV prevention and care services; and
B.
Eligible individuals shall have exhausted all other potential payors, including but not limited to:
(1)
Third-party insurance;
(2)
Medicaid; and
(3)
Medicare.
Chapter annotations
Authority: : Health-General Article, §24-1801, Annotated Code of Maryland
History: Effective date: May 20, 2019 (46:10 Md. R. 490)
History: Regulations .01—.16 under Maryland HIV Prevention Case Management Program repealed and new Regulations .01—.05 under Maryland AIDS Drug Assistance Program Fund adopted effective December 25, 2023 (50:25 Md. R. 1088)