MD SB773

Insurers, health maintenance organizations, and pharmacy benefits managers must count discounts, financial assistance payments, product vouchers, and other third-party payments toward an enrollee's deductible, copayment, coinsurance, and out-of-pocket maximum for covered prescription drugs

The requirement applies to drugs without a generic equivalent or interchangeable biosimilar, or to brand-name drugs obtained through prior authorization, step therapy, or appeals processes

Entities providing financial assistance must notify enrollees within 7 days of the maximum dollar amount and expiration date of the assistance; violations constitute Consumer Protection Act violations (charitable organizations are exempt)

Insurers and PBMs are prohibited from altering coverage terms or benefit design based on the availability of third-party financial assistance for prescription drugs

Takes effect January 1, 2026 for new or renewed policies, with an automatic sunset on July 1, 2029; the deductible counting requirement does not apply to high-deductible health plans under IRS Section 223