EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1219*
HOUSE BILL 1219
J2, J5, J1 2lr2020
By: Delegate Bhandari
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Pharmacists – Status as Health Care Providers and Reimbursement 2
FOR the purpose of altering certain definitions of “health care provider” to include 3
pharmacists for the purposes of provisions of law related to health care malpractice 4
claims, destruction of medical records, and HIV testing; requiring the Maryland 5
Medical Assistance Program, the Maryland Children’s Health Program, and certain 6
insurers, nonprofit health service plans, and health maintenance organizations to 7
provide coverage for certain services rendered by a licensed pharmacist if the 8
coverage is provided for the same services rendered by any other health care 9
practitioner and the services are within the scope of practice of the licensed 10
pharmacist; and generally relating to pharmacists. 11
BY repealing and reenacting, without amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–2A–01(a) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 3–2A–01(f)(1) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Health – General 23
Section 4–403(a)(1)(xix) and (xx), 15–148(c), 18–336(a)(3), 18–337(a), and 24
18–338.2(a)(3) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2021 Supplement) 27
2 HOUSE BILL 1219
BY adding to 1
Article – Health – General 2
Section 4–403(a)(1)(xxi) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Health – General 7
Section 18–336(a)(1) and 18–338.2(a)(1) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Insurance 12
Section 15–716 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
3–2A–01. 19
(a) In this subtitle the following terms have the meanings indicated unless the 20
context of their use requires otherwise. 21
(f) (1) “Health care provider” means a hospital, a related institution as defined 22
in § 19–301 of the Health – General Article, a medical day care center, a hospice care 23
program, an assisted living program, a freestanding ambulatory care facility as defined in 24
§ 19–3B–01 of the Health – General Article, a physician, an osteopath, an optometrist, a 25
chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, 26
a licensed certified social worker–clinical, [and] a physical therapist, AND A PHARMACIST , 27
licensed or authorized to provide one or more health care services in Maryland. 28
Article – Health – General 29
4–403. 30
(a) (1) In this section, a “health care provider” means: 31
(xix) A social worker; [and] 32
(xx) A speech–language pathologist; AND 33
(XXI) A PHARMACIST . 34 HOUSE BILL 1219 3
15–148. 1
(c) The Program and the Maryland Children’s Health Program shall provide 2
coverage for services[, to the same extent as services rendered by any other licensed health 3
care practitioner,] rendered to an enrollee by a licensed pharmacist [under] IN ANY 4
SETTING IF: 5
[(1) § 12–509 of the Health Occupations Article in administering 6
self–administered medications or maintenance injectable medications; or 7
(2) § 12–511 of the Health Occupations Article in screening an enrollee and 8
prescribing contraceptives for the enrollee.] 9
(1) THE PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM 10
PROVIDES COVERAGE FOR THE SAME SERVICE S RENDERED BY AN Y OTHER 11
LICENSED HEALTH CARE PRACTITIONER ; AND 12
(2) THE SERVICES ARE WITH IN THE SCOPE OF PRAC TICE OF THE 13
LICENSED PHARMACIST . 14
18–336. 15
(a) (1) In this section the following words have the meanings indicated. 16
(3) “Health care provider” means a physician, nurse, PHARMACIST , or 17
designee of a health care facility. 18
18–337. 19
(a) In this section, “health care provider” means a physician, a physician’s 20
designee, A PHARMACIST , or a designee of a health care facility licensed or otherwise 21
authorized to provide health care services. 22
18–338.2. 23
(a) (1) In this section the following words have the meanings indicated. 24
(3) “Health care provider” means a physician, nurse, licensed direct–entry 25
midwife, PHARMACIST , or designee of a health care facility. 26
Article – Insurance 27
15–716. 28
4 HOUSE BILL 1219
(a) This section applies to individual, group, or blanket health insurance policies 1
and contracts delivered or issued for delivery in the State by insurers, nonprofit health 2
service plans, and health maintenance organizations [that provide coverage for patient 3
assessment regarding, and administration of, self–administered medications and 4
maintenance injectable medications]. 5
(b) An entity subject to this section shall provide coverage for services rendered 6
IN ANY SETTING by a licensed pharmacist [under § 12–509 of the Health Occupations 7
Article] to an individual who is covered under a policy or contract issued or delivered by 8
the entity, [to the same extent as] IF: 9
(1) COVERAGE IS PROVIDED UNDER THE POLICY OR CONTRACT FOR 10
THE SAME services rendered by any other licensed health care practitioner[, for patient 11
assessment regarding and in administering self–administered medications or maintenance 12
injectable medications]; AND 13
(2) THE SERVICES ARE WITHIN THE SCOPE OF P RACTICE OF THE 14
LICENSED PHARMACIST . 15
SECTION 2. AND BE IT FURTHER ENACTED, That, to implement § 15–148(c) of 16
the Health – General Article as enacted by Section 1 of this Act, on or before January 1, 17
2023, the Department of Health shall apply for and obtain from the United States 18
Department of Health and Human Services any necessary amendments to or waivers for 19
the State Medical Assistance Program or the Maryland Children’s Health Program. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22