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Maryland House Bill HB536

Maryland 2022 Regular Session

Maryland House Bill HB536 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 495
21
3-– 1 –
4-Chapter 495
5-(House Bill 536)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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+ *hb0536*
89
9-Maryland Insurance Commissioner – Authority – Federal Health Emergency
10+HOUSE BILL 536
11+J5, P1 EMERGENCY BILL 2lr1297
1012
11-FOR the purpose of requiring the Maryland Insurance Commissioner to adopt regulations
12-that may be applied when a certain national or public health emergency, that within
13-the Commissioner’s discretion affects the State, is issued by the President of the
14-United States or the Secretary of Health and Human Services; requiring that, for a
15-certain period of time after the termination of a national or public health emergency
16-due to the COVID–19 pandemic, a carrier that issues Medicare supplement policies
17-establish a special enrollment period for individuals enrolled in Medicare Part B and
18-the Maryland Medical Assistance Program who remain in the Program due to a
19-suspension of terminations by the Program during the state of emergency and are
20-not disenrolled until a certain period of time following the effective date of enrollment
21-in Medicare Part B; and generally relating to the authority of the Maryland
22-Insurance Commissioner during a federal health emergency.
13+By: Delegate Pendergrass
14+Introduced and read first time: January 21, 2022
15+Assigned to: Health and Government Operations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 26, 2022
2319
24-BY repealing and reenacting, with amendments,
25- Article – Insurance
26-Section 2–115
27- Annotated Code of Maryland
28- (2017 Replacement Volume and 2021 Supplement)
20+CHAPTER ______
2921
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
3223
33-Article – Insurance
24+Maryland Insurance Commissioner – Authority – Federal Health Emergency 2
3425
35-2–115.
26+FOR the purpose of requiring the Maryland Insurance Commissioner to adopt regulations 3
27+that may be applied when a certain national or public health emergency, that within 4
28+the Commissioner’s discretion affects the State, is issued by the President of the 5
29+United States or the Secretary of Health and Human Services; requiring that, for a 6
30+certain period of time after the termination of a national or public health emergency 7
31+due to the COVID–19 pandemic, a carrier that issues Medicare supplement policies 8
32+establish a special enrollment period for individuals enrolled in Medicare Part B and 9
33+the Maryland Medical Assistance Program who remain in the Program due to a 10
34+suspension of terminations by the Program during the state of emergency and are 11
35+not disenrolled until a certain period of time following the effective date of enrollment 12
36+in Medicare Part B; and generally relating to the authority of the Maryland 13
37+Insurance Commissioner during a federal health emergency. 14
3638
37- (a) The Commissioner shall adopt regulations that may be applied when:
39+BY repealing and reenacting, with amendments, 15
40+ Article – Insurance 16
41+Section 2–115 17
42+ Annotated Code of Maryland 18
43+ (2017 Replacement Volume and 2021 Supplement) 19
3844
39- (1) the Governor has declared a state of emergency for the State or an area
40-within the State under § 14–107 of the Public Safety Article; [or]
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
46+That the Laws of Maryland read as follows: 21
4147
42- (2) the President of the United States has issued a major disaster or
43-emergency declaration for the State or an area within the State under the federal Stafford
44-Act; OR
48+Article – Insurance 22 2 HOUSE BILL 536
4549
46- (3) A NATIONAL OR PUBLIC HEALTH EMERGENCY , THAT WITHIN THE
47-COMMISSIONER ’S DISCRETION AFFECTS THE STATE,:
48- Ch. 495 2022 LAWS OF MARYLAND
4950
50-– 2 –
51- (I) IS ISSUED:
5251
53- (I) 1. BY THE PRESIDENT OF THE UNITED STATES UNDER §
54-201, § 202(D), OR § 301 OF THE FEDERAL NATIONAL EMERGENCIES ACT; OR
52+2–115. 1
5553
56- (II) 2. BY THE SECRETARY OF HEALTH AND HUMAN
57-SERVICES UNDER THE FE DERAL PUBLIC HEALTH SERVICE ACT; AND
54+ (a) The Commissioner shall adopt regulations that may be applied when: 2
5855
59- (II) IS BASED ON A SERIOUS THREAT TO HE ALTH RESULTING
60-FROM THE EXISTENCE O F A DEADLY AGENT AS DEFINED IN § 14–3A–01 OF THE
61-PUBLIC SAFETY ARTICLE.
56+ (1) the Governor has declared a state of emergency for the State or an area 3
57+within the State under § 14–107 of the Public Safety Article; [or] 4
6258
63- (b) The regulations may:
59+ (2) the President of the United States has issued a major disaster or 5
60+emergency declaration for the State or an area within the State under the federal Stafford 6
61+Act; OR 7
6462
65- (1) apply to any person regulated by the Commissioner under this article
66-or Title 19, Subtitle 7 of the Health – General Article; and
63+ (3) A NATIONAL OR PUBLIC HEALTH EMERGENCY , THAT WITHIN THE 8
64+COMMISSIONER ’S DISCRETION AFFECTS THE STATE,: 9
6765
68- (2) address:
66+ (I) IS ISSUED: 10
6967
70- (i) submission of claims or proof of loss;
68+ (I) 1. BY THE PRESIDENT OF THE UNITED STATES UNDER § 11
69+201, § 202(D), OR § 301 OF THE FEDERAL NATIONAL EMERGENCIES ACT; OR 12
7170
72- (ii) grace periods for payment of premiums and performance of other
73-duties by insureds;
71+ (II) 2. BY THE SECRETARY OF HEALTH AND HUMAN 13
72+SERVICES UNDER THE FE DERAL PUBLIC HEALTH SERVICE ACT; AND 14
7473
75- (iii) temporary postponement of cancellations, nonrenewals,
76-premium increases, or policy modifications;
74+ (II) IS BASED ON A SERIO US THREAT TO HEALTH RESULTING 15
75+FROM THE EXISTENCE O F A DEADLY AGENT AS DEFINED IN § 14–3A–01 OF THE 16
76+PUBLIC SAFETY ARTICLE. 17
7777
78- (iv) procedures for obtaining nonelective health care services;
78+ (b) The regulations may: 18
7979
80- (v) time restrictions for filling or refilling prescription drugs;
80+ (1) apply to any person regulated by the Commissioner under this article 19
81+or Title 19, Subtitle 7 of the Health – General Article; and 20
8182
82- (vi) time frames applicable to an action by the Commissioner under
83-this article; and
83+ (2) address: 21
8484
85- (vii) any other activity necessary to protect the residents of the State.
85+ (i) submission of claims or proof of loss; 22
8686
87- (c) (1) To activate a regulation adopted under this section, the Commissioner
88-shall issue a bulletin specifying:
87+ (ii) grace periods for payment of premiums and performance of other 23
88+duties by insureds; 24
8989
90- (i) that the regulation is activated;
90+ (iii) temporary postponement of cancellations, nonrenewals, 25
91+premium increases, or policy modifications; 26
9192
92- (ii) the line or lines of business to which the regulation applies;
93+ (iv) procedures for obtaining nonelective health care services; 27
9394
94- (iii) the geographic areas to which the regulation applies; and
95- LAWRENCE J. HOGAN, JR., Governor Ch. 495
95+ (v) time restrictions for filling or refilling prescription drugs; 28
96+ HOUSE BILL 536 3
9697
97-– 3 –
98- (iv) the period of time for which the regulation applies.
9998
100- (2) (I) [A] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF
101-THIS PARAGRAPH , A regulation activated under paragraph (1) of this subsection may not
102-apply beyond the duration of, or the geographical area included within, the Governor’s or
103-President’s declaration of a state of emergency or disaster.
99+ (vi) time frames applicable to an action by the Commissioner under 1
100+this article; and 2
104101
105- (II) A REGULATION ACTIVATED UNDER PARAGRAPH (1) OF THIS
106-SUBSECTION IN RESPON SE TO A NATIONAL OR PUBLIC HEALTH EMERGE NCY
107-DESCRIBED IN SUBSECT ION (A)(3) OF THIS SECTION MAY NOT APPLY BEYOND THE
108-DURATION OF THE PRESIDENT’S OR SECRETARY OF HEALTH AND HUMAN
109-SERVICES’ DECLARATION OF A NAT IONAL OR PUBLIC HEAL TH EMERGENCY .
102+ (vii) any other activity necessary to protect the residents of the State. 3
110103
111- (3) The Commissioner:
104+ (c) (1) To activate a regulation adopted under this section, the Commissioner 4
105+shall issue a bulletin specifying: 5
112106
113- (i) shall provide a copy of the bulletin to the emergency contact
114-designated by the person subject to the bulletin; and
107+ (i) that the regulation is activated; 6
115108
116- (ii) may post a copy of the bulletin on the Administration’s Web site.
109+ (ii) the line or lines of business to which the regulation applies; 7
117110
118- SECTION 2. AND BE IT FURTHER ENACTED, That:
111+ (iii) the geographic areas to which the regulation applies; and 8
119112
120- (a) This section:
113+ (iv) the period of time for which the regulation applies. 9
121114
122- (1) prevails over any inconsistent provisions of COMAR 31.10.06.09–1; and
115+ (2) (I) [A] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 10
116+THIS PARAGRAPH , A regulation activated under paragraph (1) of this subsection may not 11
117+apply beyond the duration of, or the geographical area included within, the Governor’s or 12
118+President’s declaration of a state of emergency or disaster. 13
123119
124- (2) shall apply to any individual Medicare supplement policy and to any
125-group Medicare supplement policy issued to a group of which an individual has privileges
126-associated with group membership.
120+ (II) A REGULATIO N ACTIVATED UNDER PA RAGRAPH (1) OF THIS 14
121+SUBSECTION IN RESPON SE TO A NATIONAL OR PUBLIC HEALTH EMERGE NCY 15
122+DESCRIBED IN SUBSECT ION (A)(3) OF THIS SECTION MAY NOT APPLY BEYOND THE 16
123+DURATION OF THE PRESIDENT’S OR SECRETARY OF HEALTH AND HUMAN 17
124+SERVICES’ DECLARATI ON OF A NATIONAL OR PUBLIC HEALTH EMERGE NCY. 18
127125
128- (b) The definitions in § 15–901 of the Insurance Article shall apply to this section.
126+ (3) The Commissioner: 19
129127
130- (c) A carrier that issues Medicare supplement policies in the State shall issue any
131-Medicare supplement policy the carrier sells in the State to an individual eligible for
132-Medicare if the individual:
128+ (i) shall provide a copy of the bulletin to the emergency contact 20
129+designated by the person subject to the bulletin; and 21
133130
134- (1) is enrolled in Medicare Part B while enrolled in the Maryland Medical
135-Assistance Program;
131+ (ii) may post a copy of the bulletin on the Administration’s Web site. 22
136132
137- (2) remained in the Maryland Medical Assistance Program due to a
138-suspension of terminations by the Maryland Medical Assistance Program during a state of
139-emergency and was not disenrolled or terminated until at least 6 months following the
140-effective date of enrollment in Medicare Part B;
141- Ch. 495 2022 LAWS OF MARYLAND
133+ SECTION 2. AND BE IT FURTHER ENACTED, That: 23
142134
143-– 4 –
144- (3) applies for the Medicare supplement policy during the 63–day period
145-following the later of notice of termination or disenrollment or the date of termination from
146-the Maryland Medical Assistance Program; and
135+ (a) This section: 24
147136
148- (4) submits evidence of the date of termination or disenrollment from the
149-Maryland Medical Assistance Program with the application for a Medicare supplement
150-policy.
137+ (1) prevails over any inconsistent provisions of COMAR 31.10.06.09–1; and 25
151138
152- (d) With respect to an individual described in this section, a carrier may not:
139+ (2) shall apply to any individual Medicare supplement policy and to any 26
140+group Medicare supplement policy issued to a group of which an individual has privileges 27
141+associated with group membership. 28
153142
154- (1) deny or place a condition on the issuance or effectiveness of a Medicare
155-supplement policy that is offered and is available for issuance to new enrollees by the
156-carrier;
143+ (b) The definitions in § 15–901 of the Insurance Article shall apply to this section. 29
144+ 4 HOUSE BILL 536
157145
158- (2) discriminate in the pricing of a Medicare supplement policy because of
159-health status, claims experience, receipt of health care, or medical condition; or
160146
161- (3) impose an exclusion of benefits based on a preexisting condition under
162-a Medicare supplement policy.
147+ (c) A carrier that issues Medicare supplement policies in the State shall issue any 1
148+Medicare supplement policy the carrier sells in the State to an individual eligible for 2
149+Medicare if the individual: 3
163150
164- SECTION 3. AND BE IT FURTHER ENACTED, That this A ct is an emergency
165-measure, is necessary for the immediate preservation of the public health or safety, has
166-been passed by a yea and nay vote supported by three–fifths of all the members elected to
167-each of the two Houses of the General Assembly, and shall take effect from the date it is
168-enacted. Section 2 of this Act shall remain effective until 1 year after the termination of the
169-national emergency declared by the President of the United States under § 201, § 202(d),
170-or § 301 of the federal National Emergencies Act or the termination of the public health
171-emergency declared by the federal Department of Health and Human Services under the
172-federal Public Health Service Act due to the COVID–19 pandemic, whichever is later, and,
173-at that time, Section 2 of this Act, with no further action required by the General Assembly,
174-shall be abrogated and of no further force and effect.
151+ (1) is enrolled in Medicare Part B while enrolled in the Maryland Medical 4
152+Assistance Program; 5
175153
176-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
154+ (2) remained in the Maryland Medical Assistance Program due to a 6
155+suspension of terminations by the Maryland Medical Assistance Program during a state of 7
156+emergency and was not disenrolled or terminated until at least 6 months following the 8
157+effective date of enrollment in Medicare Part B; 9
158+
159+ (3) applies for the Medicare supplement policy during the 63–day period 10
160+following the later of notice of termination or disenrollment or the date of termination from 11
161+the Maryland Medical Assistance Program; and 12
162+
163+ (4) submits evidence of the date of termination or disenrollment from the 13
164+Maryland Medical Assistance Program with the application for a Medicare supplement 14
165+policy. 15
166+
167+ (d) With respect to an individual described in this section, a carrier may not: 16
168+
169+ (1) deny or place a condition on the issuance or effectiveness of a Medicare 17
170+supplement policy that is offered and is available for issuance to new enrollees by the 18
171+carrier; 19
172+
173+ (2) discriminate in the pricing of a Medicare supplement policy because of 20
174+health status, claims experience, receipt of health care, or medical condition; or 21
175+
176+ (3) impose an exclusion of benefits based on a preexisting condition under 22
177+a Medicare supplement policy. 23
178+
179+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 24
180+measure, is necessary for the immediate preservation of the public health or safety, has 25
181+been passed by a yea and nay vote supported by three–fifths of all the members elected to 26
182+each of the two Houses of the General Assembly, and shall take effect from the date it is 27
183+enacted. Section 2 of this Act shall remain effective until 1 year after the termination of the 28
184+national emergency declared by the President of the United States under § 201, § 202(d), 29
185+or § 301 of the federal National Emergencies Act or the termination of the public health 30
186+emergency declared by the federal Department of Health and Human Services under the 31
187+federal Public Health Service Act due to the COVID–19 pandemic, whichever is later, and, 32
188+at that time, Section 2 of this Act, with no further action required by the General Assembly, 33
189+shall be abrogated and of no further force and effect. 34
190+