Maryland 2022 Regular Session

Maryland House Bill HB970 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 684
2	1
3		-	– 1 –
4		-	Chapter 684
5		-	(House Bill 970)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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	+	hb0970
8	9
9		-	Managed Care Organizations and Health Insurance Carriers – Prior
10		-	Authorization for HIV Postexposure Prophylaxis for Victims of Sexual Offenses
11		-	– Prohibition
	10	+	HOUSE BILL 970
	11	+	J5 2lr2306
	12	+	CF SB 787
	13	+	By: Delegate Kelly Delegates Kelly, Bagnall, Belcastro, Bhandari, Carr, Chisholm,
	14	+	Cullison, Hill, Johnson, Kaiser, Kerr, Kipke, Krebs, Landis, R. Lewis,
	15	+	Morgan, Reilly, Rosenberg, Saab, Sample–Hughes, Szeliga, and K. Young
	16	+	Introduced and read first time: February 10, 2022
	17	+	Assigned to: Health and Government Operations
	18	+	Committee Report: Favorable with amendments
	19	+	House action: Adopted
	20	+	Read second time: February 25, 2022
12	21
13		-	FOR the purpose of prohibiting managed care organizations and certain insurers, nonprofit
14		-	health service plans, and health maintenance organizations from applying a prior
15		-	authorization requirement for prescription drugs used as postexposure prophylaxis
16		-	for the prevention of HIV if the drug is prescribed to a victim of an alleged rape or
17		-	sexual offense for use in accordance with Centers for Disease Control and Prevention
18		-	guidelines; and generally relating to prescription drugs used as postexposure
19		-	prophylaxis for the prevention of HIV infection and prior authorizations.
	22	+	CHAPTER ______
20	23
21		-	BY repealing and reenacting, without amendments,
22		-	Article – Health – General
23		-	Section 15–103(a)(1)
24		-	Annotated Code of Maryland
25		-	(2019 Replacement Volume and 2021 Supplement)
	24	+	AN ACT concerning 1
26	25
27		-	BY adding to
28		-	Article – Health – General
29		-	Section 15–103(b)(31)
30		-	Annotated Code of Maryland
31		-	(2019 Replacement Volume and 2021 Supplement)
	26	+	Managed Care Organizations and Health Insurance Carriers – Prior 2
	27	+	Authorization for HIV Postexposure Prophylaxis for Victims of Sexual Offenses 3
	28	+	– Prohibition 4
32	29
33		-	BY adding to
34		-	Article – Insurance
35		-	Section 15–857
36		-	Annotated Code of Maryland
37		-	(2017 Replacement Volume and 2021 Supplement)
	30	+	FOR the purpose of prohibiting managed care organizations and certain insurers, nonprofit 5
	31	+	health service plans, and health maintenance organizations from applying a prior 6
	32	+	authorization requirement for prescription drugs used as postexposure prophylaxis 7
	33	+	for the prevention of HIV if the drug is prescribed to a victim of an alleged rape or 8
	34	+	sexual offense for use in accordance with Centers for Disease Control and Prevention 9
	35	+	guidelines; and generally relating to prescription drugs used as postexposure 10
	36	+	prophylaxis for the prevention of HIV infection and prior authorizations. 11
38	37
39		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40		-	That the Laws of Maryland read as follows:
	38	+	BY repealing and reenacting, without amendments, 12
	39	+	Article – Health – General 13
	40	+	Section 15–103(a)(1) 14
	41	+	Annotated Code of Maryland 15
	42	+	(2019 Replacement Volume and 2021 Supplement) 16
41	43
42		-	Article – Health – General
	44	+	BY adding to 17
	45	+	Article – Health – General 18
	46	+	Section 15–103(b)(31) 19
	47	+	Annotated Code of Maryland 20
	48	+	(2019 Replacement Volume and 2021 Supplement) 21 2 HOUSE BILL 970
43	49
44		-	15–103.
45	50
46		-	(a) (1) The Secretary shall administer the Maryland Medical Assistance
47		-	Program.
48		-	Ch. 684 2022 LAWS OF MARYLAND
49	51
50		-	– 2 –
51		-	(b) (31) A MANAGED CARE ORGANIZ ATION MAY NOT APPLY A PRIOR
52		-	AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS
53		-	POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE
54		-	PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL
55		-	OFFENSE FOR USE IN ACCORDANC E WITH CENTERS FOR DISEASE CONTROL AND
56		-	PREVENTION GUIDELINES .
	52	+	BY adding to 1
	53	+	Article – Insurance 2
	54	+	Section 15–857 3
	55	+	Annotated Code of Maryland 4
	56	+	(2017 Replacement Volume and 2021 Supplement) 5
57	57
58		-	Article – Insurance
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That the Laws of Maryland read as follows: 7
59	60
60		-	15–~~857.~~
	61	+	Article – Health – General 8
61	62
62		-	~~(A) (1) THIS SECTION APPLIES TO:~~
	63	+	15–103. 9
63	64
64		-	(I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT
65		-	PROVIDE COVERAGE FOR PRESCRIPTION DRUGS U NDER INDIVIDUAL, GROUP, OR
66		-	BLANKET HEALTH INSUR ANCE POLICIES OR CON TRACTS THAT ARE ISSU ED OR
67		-	DELIVERED IN THE STATE; AND
	65	+	(a) (1) The Secretary shall administer the Maryland Medical Assistance 10
	66	+	Program. 11
68	67
69		-	(II) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE
70		-	COVERAGE FOR PRESCRI PTION DRUGS UNDER IN DIVIDUAL OR GROUP CO NTRACTS
71		-	THAT ARE ISSUED OR DELIVERED IN THE STATE.
	68	+	(b) (31) A MANAGED CARE ORGANIZATION MAY NOT APPLY A PRIO R 12
	69	+	AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS 13
	70	+	POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE 14
	71	+	PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL 15
	72	+	OFFENSE FOR USE IN ACCORDANCE WITH CENTERS FOR DISEASE CONTROL AND 16
	73	+	PREVENTION GUIDELINES . 17
72	74
73		-	(2) AN INSURER, A NONPROFIT HEALTH S ERVICE PLAN, OR A HEALTH
74		-	MAINTENANCE ORGANIZA TION THAT PROVIDES C OVERAGE FOR PRESCRIP TION
75		-	DRUGS THROUGH A PHAR MACY BENEFITS MANAGE R IS SUBJECT TO THE
76		-	REQUIREMENTS OF THIS SECTION.
	75	+	Article – Insurance 18
77	76
78		-	(B) AN ENTITY SUBJECT TO TH IS SECTION MAY NOT A PPLY A PRIOR
79		-	AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS
80		-	POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE
81		-	PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL
82		-	OFFENSE FOR USE IN ACCORDANCE WITH CENTERS FOR DISEASE CONTROL AND
83		-	PREVENTION GUIDELINES .
	77	+	15–857. 19
84	78
85		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all
86		-	policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or
87		-	after January 1, 2023.
	79	+	(A) (1) THIS SECTION APPLIES TO: 20
88	80
89		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
90		-	January 1, 2023.
	81	+	(I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 21
	82	+	PROVIDE COVERAGE FOR PRESCRIPTION DRUGS U NDER INDIVIDUAL , GROUP, OR 22
	83	+	BLANKET HEALTH INSUR ANCE POLICIES OR CON TRACTS THAT ARE ISSU ED OR 23
	84	+	DELIVERED IN THE STATE; AND 24
91	85
92		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	86	+	(II) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 25
	87	+	COVERAGE FOR PRESCRI PTION DRUGS UNDER IN DIVIDUAL OR GROUP CO NTRACTS 26
	88	+	THAT ARE ISSUED OR D ELIVERED IN THE STATE. 27
	89	+
	90	+	(2) AN INSURER, A NONPROFIT HEALTH S ERVICE PLAN, OR A HEALTH 28
	91	+	MAINTENANCE ORGANIZA TION THAT PROVIDES C OVERAGE FOR PRESCRIP TION 29
	92	+	DRUGS THROUGH A PHAR MACY BENEFITS MANAGE R IS SUBJECT TO THE 30
	93	+	REQUIREMENTS OF THIS SECTION. 31
	94	+	HOUSE BILL 970 3
	95	+
	96	+
	97	+	(B) AN ENTITY SUBJECT TO THIS SECTION MAY NOT APPLY A PRIOR 1
	98	+	AUTHORIZATION REQUIR EMENT FOR A PRESCRIP TION DRUG USED AS 2
	99	+	POSTEXPOSURE PROPHYL AXIS FOR THE PREVENT ION OF HIV IF THE 3
	100	+	PRESCRIPTION DRUG IS PRESCRIBED TO A VICTIM OF AN AL LEGED RAPE OR SEXUAL 4
	101	+	OFFENSE FOR USE IN ACCORDANC E WITH CENTERS FOR DISEASE CONTROL AND 5
	102	+	PREVENTION GUIDELINES . 6
	103	+
	104	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all 7
	105	+	policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 8
	106	+	after January 1, 2023. 9
	107	+
	108	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
	109	+	January 1, 2023. 11
	110	+
	111	+
	112	+
	113	+
	114	+	Approved:
	115	+	________________________________________________________________________________
	116	+	Governor.
	117	+	________________________________________________________________________________
	118	+	Speaker of the House of Delegates.
	119	+	________________________________________________________________________________
	120	+	President of the Senate.