MD
Maryland House Bill HB1219

Maryland 2022 Regular Session

Maryland House Bill HB1219 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 371
21
3-– 1 –
4-Chapter 371
5-(House Bill 1219)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1219*
89
9-Pharmacists – Status as Health Care Providers and Study on Reimbursement
10+HOUSE BILL 1219
11+J2, J5, J1 2lr2020
1012
11-FOR the purpose of altering a certain definitions definition of “health care provider” to
12-include pharmacists for the purposes of provisions of law related to health care
13-malpractice claims, the destruction of medical records, and HIV testing; requiring
14-the Maryland Medical Assistance Program, the Marylan d Children’s Health
15-Program, and certain insurers, nonprofit health service plans, and health
16-maintenance organizations to provide coverage for certain services rendered by a
17-licensed pharmacist if the coverage is provided for the same services rendered by any
18-other health care practitioner and the services are within the scope of practice of the
19-licensed pharmacist requiring the Maryland Insurance Commissioner to establish a
20-workgroup to identify options and requirements necessary for the reimbursement of
21-pharmacists and submit a report to certain committees on or before a certain date;
22-and generally relating to pharmacists.
13+By: Delegate Bhandari
14+Introduced and read first time: February 11, 2022
15+Assigned to: Health and Government Operations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 12, 2022
2319
24-BY repealing and reenacting, without amendments,
25- Article – Courts and Judicial Proceedings
26-Section 3–2A–01(a)
27- Annotated Code of Maryland
28- (2020 Replacement Volume and 2021 Supplement)
20+CHAPTER ______
2921
30-BY repealing and reenacting, with amendments,
31- Article – Courts and Judicial Proceedings
32-Section 3–2A–01(f)(1)
33- Annotated Code of Maryland
34- (2020 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
3523
36-BY repealing and reenacting, with amendments,
37- Article – Health – General
38-Section 4–403(a)(1)(xix) and (xx), 15–148(c), 18–336(a)(3), 18–337(a), and
39-18–338.2(a)(3)
40- Annotated Code of Maryland
41- (2019 Replacement Volume and 2021 Supplement)
24+Pharmacists – Status as Health Care Providers and Study on Reimbursement 2
4225
43-BY adding to
44- Article – Health – General
45-Section 4–403(a)(1)(xxi)
46- Annotated Code of Maryland
47- (2019 Replacement Volume and 2021 Supplement)
26+FOR the purpose of altering a certain definitions definition of “health care provider” to 3
27+include pharmacists for the purposes of provisions of law related to health care 4
28+malpractice claims, the destruction of medical records, and HIV testing; requiring 5
29+the Maryland Medical Assistance Program, the Maryland Children’s Health 6
30+Program, and certain insurers, nonprofit health service plans, and health 7
31+maintenance organizations to provide coverage for certain services rendered by a 8
32+licensed pharmacist if the coverage is provided for the same services rendered by any 9
33+other health care practitioner and the services are within the scope of practice of the 10
34+licensed pharmacist requiring the Maryland Insurance Commissioner to establish a 11
35+workgroup to identify options and requirements necessary for the reimbursement of 12
36+pharmacists and submit a report to certain committees on or before a certain date; 13
37+and generally relating to pharmacists. 14
4838
49-BY repealing and reenacting, without amendments, Ch. 371 2022 LAWS OF MARYLAND
39+BY repealing and reenacting, without amendments, 15
40+ Article – Courts and Judicial Proceedings 16
41+Section 3–2A–01(a) 17
42+ Annotated Code of Maryland 18
43+ (2020 Replacement Volume and 2021 Supplement) 19
5044
51-– 2 –
52- Article – Health – General
53-Section 18–336(a)(1) and 18–338.2(a)(1)
54- Annotated Code of Maryland
55- (2019 Replacement Volume and 2021 Supplement)
45+BY repealing and reenacting, with amendments, 20
46+ Article – Courts and Judicial Proceedings 21
47+Section 3–2A–01(f)(1) 22
48+ Annotated Code of Maryland 23 2 HOUSE BILL 1219
5649
57-BY repealing and reenacting, with amendments,
58- Article – Insurance
59-Section 15–716
60- Annotated Code of Maryland
61- (2017 Replacement Volume and 2021 Supplement)
6250
63- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
64-That the Laws of Maryland read as follows:
51+ (2020 Replacement Volume and 2021 Supplement) 1
6552
66-Article – Courts and Judicial Proceedings
53+BY repealing and reenacting, with amendments, 2
54+ Article – Health – General 3
55+Section 4–403(a)(1)(xix) and (xx), 15–148(c), 18–336(a)(3), 18–337(a), and 4
56+18–338.2(a)(3) 5
57+ Annotated Code of Maryland 6
58+ (2019 Replacement Volume and 2021 Supplement) 7
6759
68-3–2A–01.
60+BY adding to 8
61+ Article – Health – General 9
62+Section 4–403(a)(1)(xxi) 10
63+ Annotated Code of Maryland 11
64+ (2019 Replacement Volume and 2021 Supplement) 12
6965
70- (a) In this subtitle the following terms have the meanings indicated unless the
71-context of their use requires otherwise.
66+BY repealing and reenacting, without amendments, 13
67+ Article – Health – General 14
68+Section 18–336(a)(1) and 18–338.2(a)(1) 15
69+ Annotated Code of Maryland 16
70+ (2019 Replacement Volume and 2021 Supplement) 17
7271
73- (f) (1) “Health care provider” means a hospital, a related institution as defined
74-in § 19–301 of the Health – General Article, a medical day care center, a hospice care
75-program, an assisted living program, a freestanding ambulatory care facility as defined in
76-§ 19–3B–01 of the Health – General Article, a physician, an osteopath, an optometrist, a
77-chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist,
78-a licensed certified social worker–clinical, [and] a physical therapist, AND A PHARMACIST ,
79-licensed or authorized to provide one or more health care services in Maryland.
72+BY repealing and reenacting, with amendments, 18
73+ Article – Insurance 19
74+Section 15–716 20
75+ Annotated Code of Maryland 21
76+ (2017 Replacement Volume and 2021 Supplement) 22
8077
81-Article – Health – General
78+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
79+That the Laws of Maryland read as follows: 24
8280
83-4–403.
81+Article – Courts and Judicial Proceedings 25
8482
85- (a) (1) In this section, a “health care provider” means:
83+3–2A–01. 26
8684
87- (xix) A social worker; [and]
85+ (a) In this subtitle the following terms have the meanings indicated unless the 27
86+context of their use requires otherwise. 28
8887
89- (xx) A speech–language pathologist; AND
88+ (f) (1) “Health care provider” means a hospital, a related institution as defined 29
89+in § 19–301 of the Health – General Article, a medical day care center, a hospice care 30
90+program, an assisted living program, a freestanding ambulatory care facility as defined in 31
91+§ 19–3B–01 of the Health – General Article, a physician, an osteopath, an optometrist, a 32
92+chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, 33
93+a licensed certified social worker–clinical, [and] a physical therapist, AND A PHARMACIST , 34
94+licensed or authorized to provide one or more health care services in Maryland. 35
9095
91- (XXI) A PHARMACIST .
96+Article – Health – General 36
97+ HOUSE BILL 1219 3
9298
93-15–148.
9499
95- (c) The Program and the Maryland Children’s Health Program shall provide
96-coverage for services[, to the same extent as services rendered by any other licensed health LAWRENCE J. HOGAN, JR., Governor Ch. 371
100+4–403. 1
97101
98-– 3 –
99-care practitioner,] rendered to an enrollee by a licensed pharmacist [under] IN ANY
100-SETTING IF:
102+ (a) (1) In this section, a “health care provider” means: 2
101103
102- [(1) § 12–509 of the Health Occupations Article in administering
103-self–administered medications or maintenance injectable medications; or
104+ (xix) A social worker; [and] 3
104105
105- (2) § 12–511 of the Health Occupations Article in screening an enrollee and
106-prescribing contraceptives for the enrollee.]
106+ (xx) A speech–language pathologist; AND 4
107107
108- (1) THE PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM
109-PROVIDES COVERAGE FO R THE SAME SERVICES RENDERED BY ANY OTHE R
110-LICENSED HEALTH CARE PRACTITIONER ; AND
108+ (XXI) A PHARMACIST . 5
111109
112- (2) THE SERVICES ARE W ITHIN THE SCOPE OF P RACTICE OF THE
113-LICENSED PHARMACIST .
110+15–148. 6
114111
115-18–336.
112+ (c) The Program and the Maryland Children’s Health Program shall provide 7
113+coverage for services[, to the same extent as services rendered by any other licensed health 8
114+care practitioner,] rendered to an enrollee by a licensed pharmacist [under] IN ANY 9
115+SETTING IF: 10
116116
117- (a) (1) In this section the following words have the meanings indicated.
117+ [(1) § 12–509 of the Health Occupations Article in administering 11
118+self–administered medications or maintenance injectable medications; or 12
118119
119- (3) “Health care provider” means a physician, nurse, PHARMACIST , or
120-designee of a health care facility.
120+ (2) § 12–511 of the Health Occupations Article in screening an enrollee and 13
121+prescribing contraceptives for the enrollee.] 14
121122
122-18–337.
123+ (1) THE PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM 15
124+PROVIDES COVERAGE FO R THE SAME SERVICES RENDERED BY ANY OTHE R 16
125+LICENSED HEALTH CARE PRACTITIONER ; AND 17
123126
124- (a) In this section, “health care provider” means a physician, a physician’s
125-designee, A PHARMACIST , or a designee of a health care facility licensed or otherwise
126-authorized to provide health care services.
127+ (2) THE SERVICES ARE W ITHIN THE SCOPE OF P RACTICE OF THE 18
128+LICENSED PHARMACIST . 19
127129
128-18–338.2.
130+18–336. 20
129131
130- (a) (1) In this section the following words have the meanings indicated.
132+ (a) (1) In this section the following words have the meanings indicated. 21
131133
132- (3) “Health care provider” means a physician, nurse, licensed direct–entry
133-midwife, PHARMACIST , or designee of a health care facility.
134+ (3) “Health care provider” means a physician, nurse, PHARMACIST , or 22
135+designee of a health care facility. 23
134136
135-Article – Insurance
137+18–337. 24
136138
137-15–716.
139+ (a) In this section, “health care provider” means a physician, a physician’s 25
140+designee, A PHARMACIST , or a designee of a health care facility licensed or otherwise 26
141+authorized to provide health care services. 27
138142
139- (a) This section applies to individual, group, or blanket health insurance policies
140-and contracts delivered or issued for delivery in the State by insurers, nonprofit health
141-service plans, and health maintenance organizations [that provide coverage for patient
142-assessment regarding, and administration of, self–administered medications and
143-maintenance injectable medications]. Ch. 371 2022 LAWS OF MARYLAND
143+18–338.2. 28
144144
145-– 4 –
145+ (a) (1) In this section the following words have the meanings indicated. 29 4 HOUSE BILL 1219
146146
147- (b) An entity subject to this section shall provide coverage for services rendered
148-IN ANY SETTING by a licensed pharmacist [under § 12–509 of the Health Occupations
149-Article] to an individual who is covered under a policy or contract issued or delivered by
150-the entity, [to the same extent as] IF:
151147
152- (1) COVERAGE IS PROVIDED UNDER THE POLICY OR CONTRACT FOR
153-THE SAME services rendered by any other licensed health care practitioner[, for patient
154-assessment regarding and in administering self–administered medications or maintenance
155-injectable medications]; AND
156148
157- (2) THE SERVICES ARE WIT HIN THE SCOPE OF PRA CTICE OF THE
158-LICENSED PHARMACIST .
149+ (3) “Health care provider” means a physician, nurse, licensed direct–entry 1
150+midwife, PHARMACIST , or designee of a health care facility. 2
159151
160- SECTION 2. AND BE IT FURTHER ENACTED, Tha t, to implement § 15–148(c) of
161-the Health – General Article as enacted by Section 1 of this Act, on or before January 1,
162-2023, the Department of Health shall apply for and obtain from the United States
163-Department of Health and Human Services any necessary amendments to or waivers for
164-the State Medical Assistance Program or the Maryland Children’s Health Program.
152+Article – Insurance 3
165153
166- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
167-October 1, 2022.
154+15–716. 4
168155
169- SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Insurance
170-Commissioner shall:
156+ (a) This section applies to individual, group, or blanket health insurance policies 5
157+and contracts delivered or issued for delivery in the State by insurers, nonprofit health 6
158+service plans, and health maintenance organizations [that provide coverage for patient 7
159+assessment regarding, and administration of, self–administered medications and 8
160+maintenance injectable medications]. 9
171161
172- (1) establish a workgroup with representatives of pharmacists, carriers,
173-managed care organizations, and other stakeholders, as appropriate, to identify options
174-and requirements necessary for the reimbursement of pharmacists who provide medical
175-services within their:
162+ (b) An entity subject to this section shall provide coverage for services rendered 10
163+IN ANY SETTING by a licensed pharmacist [under § 12–509 of the Health Occupations 11
164+Article] to an individual who is covered under a policy or contract issued or delivered by 12
165+the entity, [to the same extent as] IF: 13
176166
177- (i) scope of practice as provided for in Title 12 of the Health
178-Occupations Article; and
167+ (1) COVERAGE IS PROVIDED UNDER THE POLICY OR CONTRACT FOR 14
168+THE SAME services rendered by any other licensed health care practitioner[, for patient 15
169+assessment regarding and in administering self–administered medications or maintenance 16
170+injectable medications]; AND 17
179171
180- (ii) work setting; and
172+ (2) THE SERVICES ARE WIT HIN THE SCOPE OF PRA CTICE OF THE 18
173+LICENSED PHARMACIST . 19
181174
182- (2) on or before December 31, 2022, report to the Senate Finance
183-Committee and the House Health and Government Operations Committee, in accordance
184-with § 2–1257 of the State Government Article, on the Commissioner’s findings and
185-recommendations.
175+ SECTION 2. AND BE IT FURTHER ENACTED, That, to implement § 15 –148(c) of 20
176+the Health – General Article as enacted by Section 1 of this Act, on or before January 1, 21
177+2023, the Department of Health shall apply for and obtain from the United States 22
178+Department of Health and Human Services any necessary amendments to or waivers for 23
179+the State Medical Assistance Program or the Maryland Children’s Health Program. 24
186180
187- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
188-1, 2022.
181+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
182+October 1, 2022. 26
189183
190-Approved by the Governor, May 16, 2022.
184+ SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Insurance 27
185+Commissioner shall: 28
186+
187+ (1) establish a workgroup with representatives of pharmacists, carriers, 29
188+managed care organizations, and other stakeholders, as appropriate, to identify options 30
189+and requirements necessary for the reimbursement of pharmacists who provide medical 31
190+services within their: 32
191+
192+ (i) scope of practice as provided for in Title 12 of the Health 33
193+Occupations Article; and 34 HOUSE BILL 1219 5
194+
195+
196+
197+ (ii) work setting; and 1
198+
199+ (2) on or before December 31, 2022, report to the Senate Finance 2
200+Committee and the House Health and Government Operations Committee, in accordance 3
201+with § 2–1257 of the State Government Article, on the Commissioner’s findings and 4
202+recommendations. 5
203+
204+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act sha ll take effect July 6
205+1, 2022. 7
206+
207+
208+
209+
210+Approved:
211+________________________________________________________________________________
212+ Governor.
213+________________________________________________________________________________
214+ Speaker of the House of Delegates.
215+________________________________________________________________________________
216+ President of the Senate.