A long acting reversible contraceptive that is prescribed to and obtained for a Medicaid recipient may be transferred to another Medicaid recipient if the long acting reversible contraceptive was not delivered to, implanted in, or used on the original Medicaid recipient to whom the long acting reversible contraceptive was prescribed. Before the long acting reversible contraceptive is transferred to another Medicaid recipient, the long acting reversible contraceptive must meet the following conditions:

1. (1) Be in the original, unopened package.
2. (2) Have been in the possession of the provider for at least twelve
3. (12) weeks. However, the requirement under this subdivision may be waived by the written consent of the original Medicaid recipient to whom the long acting reversible contraceptive was prescribed.
4. (3) Not have left the possession of the provider who originally prescribed the long acting reversible contraceptive.

5. (4) Be medically appropriate and not contraindicated for the

   Medicaid recipient to whom the long acting reversible contraceptive is being transferred.

As added by P.L.177-2023, SEC.1.