EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 12, 2022
CHAPTER ______
AN ACT concerning 1
Pharmacists – Status as Health Care Providers and Study on Reimbursement 2
FOR the purpose of altering a certain definitions definition of “health care provider” to 3
include pharmacists for the purposes of provisions of law related to health care 4
malpractice claims, the destruction of medical records, and HIV testing; requiring 5
the Maryland Medical Assistance Program, the Maryland Children’s Health 6
Program, and certain insurers, nonprofit health service plans, and health 7
maintenance organizations to provide coverage for certain services rendered by a 8
licensed pharmacist if the coverage is provided for the same services rendered by any 9
other health care practitioner and the services are within the scope of practice of the 10
licensed pharmacist requiring the Maryland Insurance Commissioner to establish a 11
workgroup to identify options and requirements necessary for the reimbursement of 12
pharmacists and submit a report to certain committees on or before a certain date; 13
and generally relating to pharmacists. 14
BY repealing and reenacting, without amendments, 15
Article – Courts and Judicial Proceedings 16
Section 3–2A–01(a) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Courts and Judicial Proceedings 21
Section 3–2A–01(f)(1) 22
Annotated Code of Maryland 23 2 HOUSE BILL 1219
(2020 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Health – General 3
Section 4–403(a)(1)(xix) and (xx), 15–148(c), 18–336(a)(3), 18–337(a), and 4
18–338.2(a)(3) 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2021 Supplement) 7
BY adding to 8
Article – Health – General 9
Section 4–403(a)(1)(xxi) 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Health – General 14
Section 18–336(a)(1) and 18–338.2(a)(1) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Insurance 19
Section 15–716 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25
3–2A–01. 26
(a) In this subtitle the following terms have the meanings indicated unless the 27
context of their use requires otherwise. 28
(f) (1) “Health care provider” means a hospital, a related institution as defined 29
in § 19–301 of the Health – General Article, a medical day care center, a hospice care 30
program, an assisted living program, a freestanding ambulatory care facility as defined in 31
§ 19–3B–01 of the Health – General Article, a physician, an osteopath, an optometrist, a 32
chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, 33
a licensed certified social worker–clinical, [and] a physical therapist, AND A PHARMACIST , 34
licensed or authorized to provide one or more health care services in Maryland. 35
Article – Health – General 36
HOUSE BILL 1219 3
4–403. 1
(a) (1) In this section, a “health care provider” means: 2
(xix) A social worker; [and] 3
(xx) A speech–language pathologist; AND 4
(XXI) A PHARMACIST . 5
15–148. 6
(c) The Program and the Maryland Children’s Health Program shall provide 7
coverage for services[, to the same extent as services rendered by any other licensed health 8
care practitioner,] rendered to an enrollee by a licensed pharmacist [under] IN ANY 9
SETTING IF: 10
[(1) § 12–509 of the Health Occupations Article in administering 11
self–administered medications or maintenance injectable medications; or 12
(2) § 12–511 of the Health Occupations Article in screening an enrollee and 13
prescribing contraceptives for the enrollee.] 14
(1) THE PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM 15
PROVIDES COVERAGE FO R THE SAME SERVICES RENDERED BY ANY OTHE R 16
LICENSED HEALTH CARE PRACTITIONER ; AND 17
(2) THE SERVICES ARE W ITHIN THE SCOPE OF P RACTICE OF THE 18
LICENSED PHARMACIST . 19
18–336. 20
(a) (1) In this section the following words have the meanings indicated. 21
(3) “Health care provider” means a physician, nurse, PHARMACIST , or 22
designee of a health care facility. 23
18–337. 24
(a) In this section, “health care provider” means a physician, a physician’s 25
designee, A PHARMACIST , or a designee of a health care facility licensed or otherwise 26
authorized to provide health care services. 27
18–338.2. 28
(a) (1) In this section the following words have the meanings indicated. 29 4 HOUSE BILL 1219
(3) “Health care provider” means a physician, nurse, licensed direct–entry 1
midwife, PHARMACIST , or designee of a health care facility. 2
Article – Insurance 3
15–716. 4
(a) This section applies to individual, group, or blanket health insurance policies 5
and contracts delivered or issued for delivery in the State by insurers, nonprofit health 6
service plans, and health maintenance organizations [that provide coverage for patient 7
assessment regarding, and administration of, self–administered medications and 8
maintenance injectable medications]. 9
(b) An entity subject to this section shall provide coverage for services rendered 10
IN ANY SETTING by a licensed pharmacist [under § 12–509 of the Health Occupations 11
Article] to an individual who is covered under a policy or contract issued or delivered by 12
the entity, [to the same extent as] IF: 13
(1) COVERAGE IS PROVIDED UNDER THE POLICY OR CONTRACT FOR 14
THE SAME services rendered by any other licensed health care practitioner[, for patient 15
assessment regarding and in administering self–administered medications or maintenance 16
injectable medications]; AND 17
(2) THE SERVICES ARE WIT HIN THE SCOPE OF PRA CTICE OF THE 18
LICENSED PHARMACIST . 19
SECTION 2. AND BE IT FURTHER ENACTED, That, to implement § 15 –148(c) of 20
the Health – General Article as enacted by Section 1 of this Act, on or before January 1, 21
2023, the Department of Health shall apply for and obtain from the United States 22
Department of Health and Human Services any necessary amendments to or waivers for 23
the State Medical Assistance Program or the Maryland Children’s Health Program. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2022. 26
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Insurance 27
Commissioner shall: 28
(1) establish a workgroup with representatives of pharmacists, carriers, 29
managed care organizations, and other stakeholders, as appropriate, to identify options 30
and requirements necessary for the reimbursement of pharmacists who provide medical 31
services within their: 32
(i) scope of practice as provided for in Title 12 of the Health 33
Occupations Article; and 34 HOUSE BILL 1219 5
(ii) work setting; and 1
(2) on or before December 31, 2022, report to the Senate Finance 2
Committee and the House Health and Government Operations Committee, in accordance 3
with § 2–1257 of the State Government Article, on the Commissioner’s findings and 4
recommendations. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act sha ll take effect July 6
1, 2022. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.