EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*hb0970*
HOUSE BILL 970
J5 2lr2306
CF SB 787
By: Delegate Kelly Delegates Kelly, Bagnall, Belcastro, Bhandari, Carr, Chisholm,
Cullison, Hill, Johnson, Kaiser, Kerr, Kipke, Krebs, Landis, R. Lewis,
Morgan, Reilly, Rosenberg, Saab, Sample–Hughes, Szeliga, and K. Young
Introduced and read first time: February 10, 2022
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2022
CHAPTER ______
AN ACT concerning 1
Managed Care Organizations and Health Insurance Carriers – Prior 2
Authorization for HIV Postexposure Prophylaxis for Victims of Sexual Offenses 3
– Prohibition 4
FOR the purpose of prohibiting managed care organizations and certain insurers, nonprofit 5
health service plans, and health maintenance organizations from applying a prior 6
authorization requirement for prescription drugs used as postexposure prophylaxis 7
for the prevention of HIV if the drug is prescribed to a victim of an alleged rape or 8
sexual offense for use in accordance with Centers for Disease Control and Prevention 9
guidelines; and generally relating to prescription drugs used as postexposure 10
prophylaxis for the prevention of HIV infection and prior authorizations. 11
BY repealing and reenacting, without amendments, 12
Article – Health – General 13
Section 15–103(a)(1) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Health – General 18
Section 15–103(b)(31) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21 2 HOUSE BILL 970
BY adding to 1
Article – Insurance 2
Section 15–857 3
Annotated Code of Maryland 4
(2017 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
15–103. 9
(a) (1) The Secretary shall administer the Maryland Medical Assistance 10
Program. 11
(b) (31) A MANAGED CARE ORGANIZATION MAY NOT APPLY A PRIO R 12
AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS 13
POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE 14
PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL 15
OFFENSE FOR USE IN ACCORDANCE WITH CENTERS FOR DISEASE CONTROL AND 16
PREVENTION GUIDELINES . 17
Article – Insurance 18
15–857. 19
(A) (1) THIS SECTION APPLIES TO: 20
(I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 21
PROVIDE COVERAGE FOR PRESCRIPTION DRUGS U NDER INDIVIDUAL , GROUP, OR 22
BLANKET HEALTH INSUR ANCE POLICIES OR CON TRACTS THAT ARE ISSU ED OR 23
DELIVERED IN THE STATE; AND 24
(II) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 25
COVERAGE FOR PRESCRI PTION DRUGS UNDER IN DIVIDUAL OR GROUP CO NTRACTS 26
THAT ARE ISSUED OR D ELIVERED IN THE STATE. 27
(2) AN INSURER, A NONPROFIT HEALTH S ERVICE PLAN, OR A HEALTH 28
MAINTENANCE ORGANIZA TION THAT PROVIDES C OVERAGE FOR PRESCRIP TION 29
DRUGS THROUGH A PHAR MACY BENEFITS MANAGE R IS SUBJECT TO THE 30
REQUIREMENTS OF THIS SECTION. 31
HOUSE BILL 970 3
(B) AN ENTITY SUBJECT TO THIS SECTION MAY NOT APPLY A PRIOR 1
AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS 2
POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE 3
PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL 4
OFFENSE FOR USE IN ACCORDANC E WITH CENTERS FOR DISEASE CONTROL AND 5
PREVENTION GUIDELINES . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all 7
policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 8
after January 1, 2023. 9
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
January 1, 2023. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.