LAWRENCE J. HOGAN, JR., Governor Ch. 371
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Chapter 371
(House Bill 1219)
AN ACT concerning
Pharmacists – Status as Health Care Providers and Study on Reimbursement
FOR the purpose of altering a certain definitions definition of “health care provider” to
include pharmacists for the purposes of provisions of law related to health care
malpractice claims, the destruction of medical records, and HIV testing; requiring
the Maryland Medical Assistance Program, the Marylan d Children’s Health
Program, and certain insurers, nonprofit health service plans, and health
maintenance organizations to provide coverage for certain services rendered by a
licensed pharmacist if the coverage is provided for the same services rendered by any
other health care practitioner and the services are within the scope of practice of the
licensed pharmacist requiring the Maryland Insurance Commissioner to establish a
workgroup to identify options and requirements necessary for the reimbursement of
pharmacists and submit a report to certain committees on or before a certain date;
and generally relating to pharmacists.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–2A–01(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–2A–01(f)(1)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 4–403(a)(1)(xix) and (xx), 15–148(c), 18–336(a)(3), 18–337(a), and
18–338.2(a)(3)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Health – General
Section 4–403(a)(1)(xxi)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments, Ch. 371 2022 LAWS OF MARYLAND
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Article – Health – General
Section 18–336(a)(1) and 18–338.2(a)(1)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Insurance
Section 15–716
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–2A–01.
(a) In this subtitle the following terms have the meanings indicated unless the
context of their use requires otherwise.
(f) (1) “Health care provider” means a hospital, a related institution as defined
in § 19–301 of the Health – General Article, a medical day care center, a hospice care
program, an assisted living program, a freestanding ambulatory care facility as defined in
§ 19–3B–01 of the Health – General Article, a physician, an osteopath, an optometrist, a
chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist,
a licensed certified social worker–clinical, [and] a physical therapist, AND A PHARMACIST ,
licensed or authorized to provide one or more health care services in Maryland.
Article – Health – General
4–403.
(a) (1) In this section, a “health care provider” means:
(xix) A social worker; [and]
(xx) A speech–language pathologist; AND
(XXI) A PHARMACIST .
15–148.
(c) The Program and the Maryland Children’s Health Program shall provide
coverage for services[, to the same extent as services rendered by any other licensed health LAWRENCE J. HOGAN, JR., Governor Ch. 371
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care practitioner,] rendered to an enrollee by a licensed pharmacist [under] IN ANY
SETTING IF:
[(1) § 12–509 of the Health Occupations Article in administering
self–administered medications or maintenance injectable medications; or
(2) § 12–511 of the Health Occupations Article in screening an enrollee and
prescribing contraceptives for the enrollee.]
(1) THE PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM
PROVIDES COVERAGE FO R THE SAME SERVICES RENDERED BY ANY OTHE R
LICENSED HEALTH CARE PRACTITIONER ; AND
(2) THE SERVICES ARE W ITHIN THE SCOPE OF P RACTICE OF THE
LICENSED PHARMACIST .
18–336.
(a) (1) In this section the following words have the meanings indicated.
(3) “Health care provider” means a physician, nurse, PHARMACIST , or
designee of a health care facility.
18–337.
(a) In this section, “health care provider” means a physician, a physician’s
designee, A PHARMACIST , or a designee of a health care facility licensed or otherwise
authorized to provide health care services.
18–338.2.
(a) (1) In this section the following words have the meanings indicated.
(3) “Health care provider” means a physician, nurse, licensed direct–entry
midwife, PHARMACIST , or designee of a health care facility.
Article – Insurance
15–716.
(a) This section applies to individual, group, or blanket health insurance policies
and contracts delivered or issued for delivery in the State by insurers, nonprofit health
service plans, and health maintenance organizations [that provide coverage for patient
assessment regarding, and administration of, self–administered medications and
maintenance injectable medications]. Ch. 371 2022 LAWS OF MARYLAND
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(b) An entity subject to this section shall provide coverage for services rendered
IN ANY SETTING by a licensed pharmacist [under § 12–509 of the Health Occupations
Article] to an individual who is covered under a policy or contract issued or delivered by
the entity, [to the same extent as] IF:
(1) COVERAGE IS PROVIDED UNDER THE POLICY OR CONTRACT FOR
THE SAME services rendered by any other licensed health care practitioner[, for patient
assessment regarding and in administering self–administered medications or maintenance
injectable medications]; AND
(2) THE SERVICES ARE WIT HIN THE SCOPE OF PRA CTICE OF THE
LICENSED PHARMACIST .
SECTION 2. AND BE IT FURTHER ENACTED, Tha t, to implement § 15–148(c) of
the Health – General Article as enacted by Section 1 of this Act, on or before January 1,
2023, the Department of Health shall apply for and obtain from the United States
Department of Health and Human Services any necessary amendments to or waivers for
the State Medical Assistance Program or the Maryland Children’s Health Program.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Insurance
Commissioner shall:
(1) establish a workgroup with representatives of pharmacists, carriers,
managed care organizations, and other stakeholders, as appropriate, to identify options
and requirements necessary for the reimbursement of pharmacists who provide medical
services within their:
(i) scope of practice as provided for in Title 12 of the Health
Occupations Article; and
(ii) work setting; and
(2) on or before December 31, 2022, report to the Senate Finance
Committee and the House Health and Government Operations Committee, in accordance
with § 2–1257 of the State Government Article, on the Commissioner’s findings and
recommendations.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.