Maryland 2022 Regular Session

Maryland House Bill HB610 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0610*
66
77 HOUSE BILL 610
88 J1 2lr1620
99 HB 470/21 – HGO CF SB 493
1010 By: Delegates Ruth, Bagnall, Bartlett, Belcastro, C. Branch, Bridges,
1111 Charkoudian, Ebersole, W. Fisher, Foley, Forbes, Fraser–Hidalgo, Guyton,
1212 Henson, Howell, R. Jones, Lehman, Moon, Palakovich Carr, Solomon,
1313 Stewart, Terrasa, Toles, Wilkins, and Williams
1414 Introduced and read first time: January 31, 2022
1515 Assigned to: Health and Government Operations
1616
1717 A BILL ENTITLED
1818
1919 AN ACT concerning 1
2020
2121 Public Health – Commission on Universal Health Care 2
2222
2323 FOR the purpose of establishing the Commission on Universal Health Care to develop a 3
2424 plan for the State to establish a universal health care program to provide health 4
2525 benefits to all residents of the State through a single–payer system; requiring a 5
2626 member of the Commission to be subject to ethics laws and disclose certain other 6
2727 information related to ethics; prohibiting a member of the Commission from being 7
2828 held personally liable for actions taken as a member under certain circumstances; 8
2929 and generally relating to the Commission on Universal Health Care. 9
3030
3131 BY adding to 10
3232 Article – Health – General 11
3333 Section 13–4401 through 13–4403 to be under the new subtitle “Subtitle 44. 12
3434 Commission on Universal Health Care” 13
3535 Annotated Code of Maryland 14
3636 (2019 Replacement Volume and 2021 Supplement) 15
3737
3838 Preamble 16
3939
4040 WHEREAS, § 1332 of the federal Patient Protection and Affordable Care Act (ACA) 17
4141 allows states to request waivers of key provisions of health care reform, including the 18
4242 requirement to set up a health benefit exchange and provisions relating to premium credits 19
4343 and reduced cost sharing; and 20
4444
4545 WHEREAS, Under § 1332 of the ACA, a waiver for state innovation may be granted 21
4646 if it covers at least as many people as would be covered under the ACA and provides 22
4747 coverage that is at least as comprehensive and affordable, at no greater cost to the federal 23
4848 government; and 24 2 HOUSE BILL 610
4949
5050
5151
5252 WHEREAS, If an approved waiver does not provide individuals or small businesses 1
5353 with premium tax credits or cost–sharing reductions, a state may receive the federal 2
5454 funding it would have received for these purposes to help implement its approved plan; and 3
5555
5656 WHEREAS, Extensive work has been done in other states, including New York, 4
5757 Washington, and Maine, developing plans and legislation for state–based universal health 5
5858 care, including funding mechanisms and financial analyses; and 6
5959
6060 WHEREAS, Multiple jurisdictions in Maryland, including Prince George’s County, 7
6161 Montgomery County, and An napolis, have passed resolutions supporting universal 8
6262 healthcare, some of which specifically mention the creation of a Maryland Commission on 9
6363 Universal Health Care; and 10
6464
6565 WHEREAS, Maryland should seek to establish a health care program to contain 11
6666 costs and to provide comprehensive, affordable, and high–quality publicly financed health 12
6767 care coverage for all Maryland residents in a seamless manner regardless of income, assets, 13
6868 health status, or availability of other health care coverage; now, therefore, 14
6969
7070 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
7171 That the Laws of Maryland read as follows: 16
7272
7373 Article – Health – General 17
7474
7575 SUBTITLE 44. COMMISSION ON UNIVERSAL HEALTH CARE. 18
7676
7777 13–4401. 19
7878
7979 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
8080 INDICATED. 21
8181
8282 (B) “AFFILIATION” MEANS: 22
8383
8484 (1) A FINANCIAL INTEREST ; 23
8585
8686 (2) A POSITION OF GOVERNAN CE, INCLUDING MEMBERSHIP ON A 24
8787 BOARD OF DIRECTORS , REGARDLESS OF COMPEN SATION; 25
8888
8989 (3) A RELATIONSHIP THROUGH WHICH COMPENSATION I S RECEIVED; 26
9090 OR 27
9191
9292 (4) A RELATIONSHIP FOR THE PROVISI ON OF SERVICES AS A 28
9393 REGULATED LOBBYIST . 29
9494
9595 (C) “COMMISSION” MEANS THE COMMISSION ON UNIVERSAL HEALTH 30 HOUSE BILL 610 3
9696
9797
9898 CARE ESTABLISHED UNDE R § 13–4402 OF THIS SUBTITLE. 1
9999
100100 (D) “COMPENSATION ” HAS THE MEANING STAT ED IN § 5–101 OF THE 2
101101 GENERAL PROVISIONS ARTICLE. 3
102102
103103 (E) (1) “EXCHANGE” MEANS THE MARYLAND HEALTH BENEFIT 4
104104 EXCHANGE, ESTABLISHED AS A PUB LIC CORPORATION UNDE R § 31–102 OF THE 5
105105 INSURANCE ARTICLE. 6
106106
107107 (2) “EXCHANGE” INCLUDES: 7
108108
109109 (I) THE INDIVIDUAL EXCHANGE; AND 8
110110
111111 (II) THE SMALL BUSINESS HEALTH OPTIONS PROGRAM 9
112112 (SHOP EXCHANGE). 10
113113
114114 (F) “FINANCIAL INTEREST ” HAS THE MEANING STAT ED IN § 11
115115 5–101 OF THE GENERAL PROVISIONS ARTICLE. 12
116116
117117 (G) “REGULATED LOBBYIST ” HAS THE MEANING STAT ED IN § 13
118118 5–101 OF THE GENERAL PROVISIONS ARTICLE. 14
119119
120120 13–4402. 15
121121
122122 (A) THERE IS A COMMISSION ON UNIVERSAL HEALTH CARE. 16
123123
124124 (B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 17
125125
126126 (1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE, AS AN EX 18
127127 OFFICIO MEMBER OF TH E COMMISSION; 19
128128
129129 (2) FOUR MEMBERS APPOINTE D BY THE GOVERNOR, WITH THE 20
130130 ADVICE AND CO NSENT OF THE SENATE; 21
131131
132132 (3) THREE MEMBERS APPOINT ED BY THE PRESIDENT OF THE 22
133133 SENATE; AND 23
134134
135135 (4) THREE MEMBERS APPOINT ED BY THE SPEAKER OF THE HOUSE. 24
136136
137137 (C) FROM AMONG ITS MEMBER S, THE COMMISSION SHALL ELEC T A CHAIR 25
138138 AND VICE CHAIR. 26
139139
140140 (D) THE DEPARTMENT SHALL PROVIDE STAFF FOR TH E COMMISSION. 27 4 HOUSE BILL 610
141141
142142
143143
144144 (E) IN APPOINTING MEMBERS UNDER SUBSECTION (B) OF THIS SECTION , 1
145145 THE APPOINTING AUTHO RITY SHALL: 2
146146
147147 (1) ENSURE THAT THE APPOI NTEE HAS DEMONSTRATE D AND 3
148148 ACKNOWLEDGED EXPERTI SE IN HEALTH CARE ; 4
149149
150150 (2) CONSIDER THE EXPERTIS E OF THE OTHER MEMBERS OF THE 5
151151 COMMISSION AND ATTEMP T TO MAKE APPOINTMEN TS SO THAT THE COMMISSION’S 6
152152 COMPOSITION REFLECTS A DIVERSITY OF EXPER TISE IN VARIOUS ASPE CTS OF 7
153153 HEALTH CARE ; AND 8
154154
155155 (3) CONSIDER THE CULTURAL , ETHNIC, AND GEOGRAPHICAL 9
156156 DIVERSITY OF THE STATE SO THAT THE COMMISSION’S COMPOSITION REFLEC TS 10
157157 THE COMMUNITIES OF T HE STATE. 11
158158
159159 (F) (1) A MEMBER OF THE COMMISSION, WITHIN THE 2–YEAR PERIOD 12
160160 IMMEDIATELY PRECEDIN G THE MEMBER ’S APPOINTMENT AND WH ILE SERVING ON 13
161161 THE COMMISSION, MAY NOT BE EMPLOYED , OR HAVE BEEN EMPLOYED , IN ANY 14
162162 CAPACITY BY A CONSUL TANT TO A MEMBER OF THE BOARD OF DIRECTO RS OF OR 15
163163 OTHERWISE BE A REPRE SENTATIVE OF: 16
164164
165165 (I) A HEALTH CARE PROVIDER ; 17
166166
167167 (II) A HEALTH CARE FACILITY ; 18
168168
169169 (III) A HEALTH CLINIC ; 19
170170
171171 (IV) A PHARMACEUTICAL COMPA NY; 20
172172
173173 (V) A MEDICAL EQUIPMENT CO MPANY; OR 21
174174
175175 (VI) A CARRIER, AN INSURANCE PRODUCE R, A THIRD–PARTY 22
176176 ADMINISTRATOR , A MANAGED CARE ORGAN IZATION, OR ANY OTHER PERSON 23
177177 CONTRACTING DIRECTLY WITH THOSE PERSONS . 24
178178
179179 (2) A MEMBER OF THE COMMISSION MAY NOT BE A MEMBER, A BOARD 25
180180 MEMBER, OR AN EMPLOYEE OF A TRADE ASSOCIATION OF HEALTH CARE FACILITI ES, 26
181181 HEALTH CLINICS , HEALTH CARE PROVIDER S, CARRIERS, INSURANCE PRODUCERS , 27
182182 THIRD–PARTY ADMINISTRATORS , MANAGED CARE ORGANIZ ATIONS, OR ANY OTHER 28
183183 ASSOCIATION OF ENTIT IES IN A POSITION TO CONTRACT DIRECTLY WITH THE 29
184184 COMMISSION UNLESS THE MEMBER OF THE COMMISSION: 30
185185 HOUSE BILL 610 5
186186
187187
188188 (I) RECEIVES NO COMPENSAT ION FOR RENDERING SE RVICES 1
189189 AS A HEALTH CARE PRO VIDER; AND 2
190190
191191 (II) DOES NOT HAVE AN OWNE RSHIP INTEREST IN A HEALTH 3
192192 CARE PRACTICE . 4
193193
194194 (3) THE PROVISIONS IN THIS SUBSECT ION MAY NOT BE CONST RUED 5
195195 TO PROHIBIT A PHYSIC IAN OR NURSE WHO DOE S NOT SERVE AS A MEM BER OF A 6
196196 BOARD OF DIRECTORS F OR AN ENTITY LISTED IN PARAGRAPH (1) OF THIS 7
197197 SUBSECTION FROM SERV ING AS A MEMBER OF T HE COMMISSION. 8
198198
199199 (G) (1) THE COMMISSION SHALL DETERMINE THE TIMES, PLACES, AND 9
200200 FREQUENCY OF ITS MEE TINGS. 10
201201
202202 (2) FIVE MEMBERS OF THE COMMISSION CONSTITUTE A QUORUM. 11
203203
204204 (3) ACTION BY THE COMMISSION REQUIRES T HE AFFIRMATIVE VOTE 12
205205 OF AT LEAST FIVE MEM BERS. 13
206206
207207 (H) A MEMBER OF THE COMMISSION: 14
208208
209209 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 15
210210 COMMISSION; BUT 16
211211
212212 (2) IS ENTITLED TO: 17
213213
214214 (I) A PER DIEM RATE AS PRO VIDED IN THE STATE BUDGET FOR 18
215215 ATTENDING SCHEDULED MEETINGS OF THE COMMISSION; AND 19
216216
217217 (II) REIMBURSEMENT FOR EXP ENSES UNDER THE STANDARD 20
218218 STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 21
219219
220220 (I) A MEMBER OF THE COMMISSION SHALL PERF ORM THE MEMBER ’S 22
221221 DUTIES: 23
222222
223223 (1) IN GOOD FAITH; 24
224224
225225 (2) IN THE MANNER THE MEM BER REASONABLY BELIE VES TO BE IN 25
226226 THE BEST INTEREST OF THE STATE; AND 26
227227
228228 (3) WITHOUT INTENTIONAL O R RECKLESS DISREGARD OF THE CARE 27
229229 AN ORDINARILY PRUDEN T PERSON IN A LIKE P OSITION WOULD EXERCI SE UNDER 28
230230 SIMILAR CIRCUMSTANCE S. 29 6 HOUSE BILL 610
231231
232232
233233
234234 (J) (1) (I) A MEMBER OF THE COMMISSION SHALL BE S UBJECT TO 1
235235 TITLE 5, SUBTITLES 1 THROUGH 7 OF THE GENERAL PROVISIONS ARTICLE. 2
236236
237237 (II) IN ADDITION TO THE DI SCLOSURE REQUIRED UN DER TITLE 3
238238 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE, A MEMBER OF THE 4
239239 COMMISSION SHALL DISC LOSE TO THE COMMISSION AND TO THE PUBLIC ANY 5
240240 RELATIONSHIP NOT ADD RESSED IN THE REQUIR ED FINANCIAL DISCLOSURE THAT 6
241241 THE MEMBER HAS WITH A HEALTH CARE PROVID ER, A HEALTH CLINIC , A 7
242242 PHARMACEUTICAL COMPA NY, A MEDICAL EQUIPMENT COMPANY, A CARRIER, AN 8
243243 INSURANCE PRODUCER , A THIRD–PARTY ADMINISTRATOR , A MANAGED CARE 9
244244 ORGANIZATION , OR ANY OTHER ENTITY IN AN INDUSTRY INVOLVED IN MATTERS 10
245245 LIKELY TO COME BEFOR E THE COMMISSION. 11
246246
247247 (2) ON ALL MATTERS THAT C OME BEFORE THE COMMISSION, THE 12
248248 MEMBER SHALL : 13
249249
250250 (I) ADHERE STRICTLY TO TH E CONFLICT OF INTERE ST 14
251251 PROVISIONS UNDER TITLE 5, SUBTITLE 5 OF THE GENERAL PROVISIONS ARTICLE 15
252252 RELATING TO RESTRICT IONS ON PARTICIPATIO N, EMPLOYMENT , AND FINANCIAL 16
253253 INTERESTS; AND 17
254254
255255 (II) PROVIDE FULL DISCLOSU RE TO THE COMMISSION AND THE 18
256256 PUBLIC ON: 19
257257
258258 1. ANY MATTER THAT GIVES RISE TO A POTENTIAL 20
259259 CONFLICT OF INTEREST ; AND 21
260260
261261 2. THE MANNER IN WHICH THE MEMBER WILL COMPLY 22
262262 WITH THE PROVISIONS OF TITLE 5, SUBTITLE 5 OF THE GENERAL PROVISIONS 23
263263 ARTICLE TO AVOID ANY CONFLICT OF INTEREST OR APPEARANCE OF A C ONFLICT 24
264264 OF INTEREST. 25
265265
266266 (K) A MEMBER OF THE COMMISSION WHO PERFOR MS THE MEMBER ’S 26
267267 DUTIES IN ACCORDANCE WITH T HE STANDARD ESTABLIS HED UNDER SUBSECTION 27
268268 (I) OF THIS SECTION MAY NOT BE PERSONALLY LI ABLE FOR ACTIONS TAK EN AS A 28
269269 MEMBER IF DONE IN GO OD FAITH, WITHOUT INTENT TO DE FRAUD, AND IN 29
270270 CONNECTION WITH THE ADMINISTRATION , MANAGEMENT , OR CONDUCT RELATED 30
271271 TO THIS SUBTITLE. 31
272272
273273 (L) A MEMBER OF THE COMMISSION MAY BE REM OVED FOR 32
274274 INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE 33
275275 POSITION. 34 HOUSE BILL 610 7
276276
277277
278278
279279 13–4403. 1
280280
281281 (A) THE COMMISSION SHALL DEVE LOP A PLAN FOR THE STATE TO 2
282282 ESTABLISH, ON OR BEFORE JULY 1, 2025, A UNIVERSAL HEALTH C ARE PROGRAM TO 3
283283 PROVIDE HEALTH BENEF ITS TO ALL RESIDENTS OF THE STATE THROUGH A 4
284284 SINGLE–PAYER SYSTEM . 5
285285
286286 (B) THE COMMISSION SHALL CONS IDER HOW TO: 6
287287
288288 (1) INCORPORATE HEALTH CA RE EQUITY AS A GOAL OF THE PLAN; 7
289289
290290 (2) REDUCE HEALTH C ARE DISPARITIES; AND 8
291291
292292 (3) INCREASE HEALTH CARE ACCESS, PARTICULARLY IN URBA N AND 9
293293 RURAL SETTINGS WITH LIMITED ACCESS . 10
294294
295295 (C) IN DEVELOPING THE PLA N, THE COMMISSION SHALL CONS IDER PLANS 11
296296 AND ANALYSES DONE IN OTHER STATES . 12
297297
298298 (D) THE HEALTH CARE PROGR AM SHALL BE DESIGNED TO : 13
299299
300300 (1) PROVIDE COMPREHENSIVE , AFFORDABLE , AND HIGH–QUALITY 14
301301 PUBLICLY FINANCED HE ALTH CARE COVERAGE F OR ALL RESIDENTS OF THE STATE 15
302302 IN A SEAMLESS AND EQ UITABLE MANNER , REGARDLESS OF INCOME , ASSETS, 16
303303 HEALTH STATUS , CITIZENSHIP OR IMMIG RATION STATUS, OR AVAILABILITY OF 17
304304 OTHER HEALTH CARE CO VERAGE; 18
305305
306306 (2) INCLUDE A BENEFIT PAC KAGE COVERING PRIMAR Y CARE, 19
307307 PREVENTIVE CARE , CHRONIC CARE , ACUTE EPISODIC CARE , REPRODUCTIVE CARE , 20
308308 INCLUDING PREGNANCY , BIRTH CONTROL , AND ABORTION SERVICE S, AND 21
309309 HOSPITAL SER VICES; 22
310310
311311 (3) RECOMMEND HOW , TO THE MAXIMUM EXTEN T ALLOWABLE 23
312312 UNDER FEDERAL LAW AN D WAIVERS FROM FEDER AL LAW, TO: 24
313313
314314 (I) ENSURE THAT ALL FEDER AL PAYMENTS PROVIDED IN THE 25
315315 STATE FOR HEALTH CARE SERVICES ARE PAID DI RECTLY TO THE HEALTH CARE 26
316316 PROGRAM; AND 27
317317
318318 (II) ASSUME RESPONSIBILITY FOR THE BENEFITS AND 28
319319 SERVICES CURRENTLY P AID FOR AND PROVIDED UNDER STATE AND FEDERAL 29
320320 PROGRAMS, INCLUDING THE EXCHANGE, MEDICAID, AND MEDICARE; 30 8 HOUSE BILL 610
321321
322322
323323
324324 (4) INCLUDE HEALTH CARE C OVERAGE PROVIDED : 1
325325
326326 (I) BY EMPLOYERS THAT CHO OSE TO PARTICIPATE; AND 2
327327
328328 (II) TO STATE, COUNTY, AND MUNICIPAL EMPLOY EES; AND 3
329329
330330 (5) CONTAIN COSTS BY : 4
331331
332332 (I) PROVIDING INCENTIVES TO RESIDENTS TO AVOI D 5
333333 PREVENTABLE HEALTH C ONDITIONS, PROMOTE HEALTH , AND AVOID UNNECESSAR Y 6
334334 EMERGENCY ROOM VISIT S; 7
335335
336336 (II) ESTABLISHING INNOVATIVE PAYMEN T MECHANISMS TO 8
337337 HEALTH CARE PROFESSI ONALS, SUCH AS GLOBAL PAYME NTS; AND 9
338338
339339 (III) REDUCING UNNECESSARY ADMINISTRATIVE 10
340340 EXPENDITURES . 11
341341
342342 (E) THE PLAN SHALL INCLUD E: 12
343343
344344 (1) A TIMELINE FOR THE EST ABLISHMENT OF THE HE ALTH CARE 13
345345 PROGRAM; 14
346346
347347 (2) PLANS FOR TRANSITION TO THE HEALTH CARE P ROGRAM, 15
348348 INCLUDING: 16
349349
350350 (I) SUSPENDING OPERATIONS OF THE EXCHANGE TO ENABLE 17
351351 THE STATE TO RECEIVE THE APPROPRIATE FEDERAL FUND CONTRIBUTION IN LIEU 18
352352 OF THE FEDERAL PREMI UM TAX CREDITS , COST–SHARING SUBSIDIES , AND SMALL 19
353353 BUSINESS TAX CREDITS PROVIDED IN THE AFFORDABLE CARE ACT; 20
354354
355355 (II) HOW TO FULLY INTEGRAT E OR ALIGN MEDICAID, 21
356356 MEDICARE, PRIVATE INSURANCE , AND STATE, COUNTY, AND MUNICIPAL 22
357357 EMPLOYEES INTO OR WI TH THE HEALTH CARE P ROGRAM; AND 23
358358
359359 (III) A PLAN FOR TRANSITI ONING WORKERS DISPLA CED BY 24
360360 CHANGES TO THE HEALT H CARE SYSTEM ; 25
361361
362362 (3) A PROPOSED OPERATING S TRUCTURE FOR THE HEA LTH CARE 26
363363 PROGRAM; 27
364364
365365 (4) COST PROJECTIONS FOR THE HEALTH CARE PROG RAM AND 28 HOUSE BILL 610 9
366366
367367
368368 RECOMMENDATIONS FOR THE AMOUNTS AND MECH ANISMS NECESSARY TO FINANCE 1
369369 THE HEALTH CARE PROGRA M; 2
370370
371371 (5) (I) A PROPOSED HEALTH BENE FIT PACKAGE TO BE OF FERED IN 3
372372 THE HEALTH CARE PROG RAM; AND 4
373373
374374 (II) AN ANALYSIS OF WHETHE R THE HEALTH CARE PR OGRAM 5
375375 SHOULD INCLUDE DENTA L, VISION, HEARING, AND LONG–TERM CARE BENEFITS ; 6
376376 AND 7
377377
378378 (6) RECOMMENDATIONS FOR LEGIS LATION REQUIRED TO E STABLISH 8
379379 THE HEALTH CARE PROG RAM. 9
380380
381381 (F) THE COMMISSION SHALL SUBM IT TO THE GOVERNOR AND , IN 10
382382 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 11
383383 FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 12
384384 COMMITTEE: 13
385385
386386 (1) ON OR BEFORE JUNE 1, 2023, AN INTERIM PROGRESS REPORT ON 14
387387 THE DEVELOPMENT OF A PLAN TO ESTABLISH TH E HEALTH CARE PROGRA M; AND 15
388388
389389 (2) ON OR BEFORE OCTOBER 1, 2024, THE PLAN TO ESTABLIS H THE 16
390390 HEALTH CARE PROGRAM . 17
391391
392392 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 18
393393 1, 2022. It shall remain effective for a period of 4 years and 1 month and, at the end of June 19
394394 30, 2026, this Act, with no further action required by the General Assembly, shall be 20
395395 abrogated and of no further force and effect. 21
396396
397397
398398