Maryland 2022 Regular Session

Maryland Senate Bill SB493 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 *sb0493*
66
77 SENATE BILL 493
88 J1 2lr1619
99 SB 522/21 – FIN CF 2lr1620
1010 By: Senators Pinsky, Lam, and Guzzone
1111 Introduced and read first time: January 27, 2022
1212 Assigned to: Finance
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Public Health – Commission on Universal Health Care 2
1919
2020 FOR the purpose of establishing the Commission on Universal Health Care to develop a 3
2121 plan for the State to establish a universal health care program to provide health 4
2222 benefits to all residents of the State through a single–payer system; requiring a 5
2323 member of the Commission to be subject to ethics laws and disclose certain other 6
2424 information related to ethics; prohibiting a member of the Commission from being 7
2525 held personally liable for actions taken as a member under certain circumstances; 8
2626 and generally relating to the Commission on Universal Health Care. 9
2727
2828 BY adding to 10
2929 Article – Health – General 11
3030 Section 13–4401 through 13–4403 to be under the new subtitle “Subtitle 44. 12
3131 Commission on Universal Health Care” 13
3232 Annotated Code of Maryland 14
3333 (2019 Replacement Volume and 2021 Supplement) 15
3434
3535 Preamble 16
3636
3737 WHEREAS, § 1332 of the federal Patient Protection and Affordable Care Act (ACA) 17
3838 allows states to request waivers of key provisions of health care reform, including the 18
3939 requirement to set up a health benefit exchange and provisions relating to premium credits 19
4040 and reduced cost sharing; and 20
4141
4242 WHEREAS, Under § 1332 of the ACA, a waiver for state innovation may be granted 21
4343 if it covers at least as many people as would be covered under the ACA and provides 22
4444 coverage that is at least as comprehensive and affordable, at no greater cost to the federal 23
4545 government; and 24
4646
4747 WHEREAS, If an approved waiver does not provide individuals or small businesses 25
4848 with premium tax credits or cost–sharing reductions, a state may receive the federal 26 2 SENATE BILL 493
4949
5050
5151 funding it would have received for these purposes to help implement its approved plan; and 1
5252
5353 WHEREAS, Extensive work has been done in other states, including New York, 2
5454 Washington, and Maine, developing plans and legislation for state–based universal health 3
5555 care, including funding mechanisms and financial analyses; and 4
5656
5757 WHEREAS, Multiple jurisdictions in Maryland, including Prince George’s County, 5
5858 Montgomery County, and Annapolis, have passed resolutions supporting universal health 6
5959 care, some of which specifically mention the creation of a Maryland Commission on 7
6060 Universal Health Care; and 8
6161
6262 WHEREAS, Maryland should seek to establish a health care program to contain 9
6363 costs and to provide comprehensive, affordable, and high–quality publicly financed health 10
6464 care coverage for all Maryland residents in a seamless manner regardless of income, assets, 11
6565 health status, or availability of other health care coverage; now, therefore, 12
6666
6767 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
6868 That the Laws of Maryland read as follows: 14
6969
7070 Article – Health – General 15
7171
7272 SUBTITLE 44. COMMISSION ON UNIVERSAL HEALTH CARE. 16
7373
7474 13–4401. 17
7575
7676 (A) IN THIS SUBTITLE THE FO LLOWING WORDS HAVE T HE MEANINGS 18
7777 INDICATED. 19
7878
7979 (B) “AFFILIATION” MEANS: 20
8080
8181 (1) A FINANCIAL INTEREST ; 21
8282
8383 (2) A POSITION OF GOVERNAN CE, INCLUDING MEMBERSHIP ON A 22
8484 BOARD OF DIRECTORS , REGARDLESS OF COMPEN SATION; 23
8585
8686 (3) A RELATIONSHIP THROUGH WHICH COMPENSATION I S RECEIVED; 24
8787 OR 25
8888
8989 (4) A RELATIONSHIP FOR THE PROVISION OF SERVICE S AS A 26
9090 REGULATED LOBBYIST . 27
9191
9292 (C) “COMMISSION” MEANS THE COMMISSION ON UNIVERSAL HEALTH 28
9393 CARE ESTABLISHED UNDE R § 13–4402 OF THIS SUBTITLE. 29
9494
9595 (D) “COMPENSATION ” HAS THE MEA NING STATED IN § 5–101 OF THE 30 SENATE BILL 493 3
9696
9797
9898 GENERAL PROVISIONS ARTICLE. 1
9999
100100 (E) (1) “EXCHANGE” MEANS THE MARYLAND HEALTH BENEFIT 2
101101 EXCHANGE, ESTABLISHED AS A PUB LIC CORPORATION UNDE R § 31–102 OF THE 3
102102 INSURANCE ARTICLE. 4
103103
104104 (2) “EXCHANGE” INCLUDES: 5
105105
106106 (I) THE INDIVIDUAL EXCHANGE; AND 6
107107
108108 (II) THE SMALL BUSINESS HEALTH OPTIONS PROGRAM 7
109109 (SHOP EXCHANGE). 8
110110
111111 (F) “FINANCIAL INTEREST ” HAS THE MEANING STAT ED IN § 9
112112 5–101 OF THE GENERAL PROVISIONS ARTICLE. 10
113113
114114 (G) “REGULATED LOBBYIST ” HAS THE MEANING STAT ED IN § 11
115115 5–101 OF THE GENERAL PROVISIONS ARTICLE. 12
116116
117117 13–4402. 13
118118
119119 (A) THERE IS A COMMISSION ON UNIVERSAL HEALTH CARE. 14
120120
121121 (B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 15
122122
123123 (1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE, AS AN EX 16
124124 OFFICIO MEMBER OF TH E COMMISSION; 17
125125
126126 (2) FOUR MEMBERS A PPOINTED BY THE GOVERNOR, WITH THE 18
127127 ADVICE AND CONSENT O F THE SENATE; 19
128128
129129 (3) THREE MEMBERS APPOINT ED BY THE PRESIDENT OF THE 20
130130 SENATE; AND 21
131131
132132 (4) THREE MEMBERS APPOINT ED BY THE SPEAKER OF THE HOUSE. 22
133133
134134 (C) FROM AMONG ITS MEMBER S, THE COMMISSION SHALL ELEC T A CHAIR 23
135135 AND VICE CHAIR. 24
136136
137137 (D) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMISSION. 25
138138
139139 (E) IN APPOINTING MEMBERS UNDER SUBSECTION (B) OF THIS SECTION , 26
140140 THE APPOINTING AUTHO RITY SHALL: 27 4 SENATE BILL 493
141141
142142
143143
144144 (1) ENSURE THAT THE APPOI NTEE HAS DEMONSTRATE D AND 1
145145 ACKNOWLEDGED EXPERTI SE IN HEALTH CARE ; 2
146146
147147 (2) CONSIDER THE EXPERTIS E OF THE OTHER MEMBE RS OF THE 3
148148 COMMISSION AND ATTEMP T TO MAKE APPOINTMEN TS SO THAT THE COMMISSION’S 4
149149 COMPOSITION REFLECTS A DIVERSITY OF EXPER TISE IN VARIOUS ASPE CTS OF 5
150150 HEALTH CARE ; AND 6
151151
152152 (3) CONSIDER THE CULTURAL, ETHNIC, AND GEOGRAPHICAL 7
153153 DIVERSITY OF THE STATE SO THAT THE COMMISSION’S COMPOSITION REFLEC TS 8
154154 THE COMMUNITIES OF T HE STATE. 9
155155
156156 (F) (1) A MEMBER OF THE COMMISSION, WITHIN THE 2–YEAR PERIOD 10
157157 IMMEDIATELY PRECEDIN G THE MEMBER ’S APPOINTMENT AND WH ILE SERVING ON 11
158158 THE COMMISSION, MAY NOT BE EMPLOYED , OR HAVE BEEN EMPLOYE D, IN ANY 12
159159 CAPACITY BY A CONSUL TANT TO A MEMBER OF THE BOARD OF DIRECTO RS OF OR 13
160160 OTHERWISE BE A REPRE SENTATIVE OF: 14
161161
162162 (I) A HEALTH CARE PROVIDER ; 15
163163
164164 (II) A HEALTH CARE FACILITY ; 16
165165
166166 (III) A HEALTH CLINIC ; 17
167167
168168 (IV) A PHARMACEUTICAL COMPA NY; 18
169169
170170 (V) A MEDICAL EQUIPMENT CO MPANY; OR 19
171171
172172 (VI) A CARRIER, AN INSURANCE PRODUCE R, A THIRD–PARTY 20
173173 ADMINISTRATOR , A MANAGED CARE ORGAN IZATION, OR ANY OTHER PERSON 21
174174 CONTRACTING DIRECTLY WITH THOSE PERSONS . 22
175175
176176 (2) A MEMBER OF THE COMMISSION MAY NOT BE A MEMBER, A BOARD 23
177177 MEMBER, OR AN EMPLOYEE OF A TRADE ASSOCIATION OF HEALTH CARE FACILITI ES, 24
178178 HEALTH CLINICS , HEALTH CARE PROVIDER S, CARRIERS, INSURANCE PRODUCERS , 25
179179 THIRD–PARTY ADMINISTRATORS , MANAGED CARE ORGANIZ ATIONS, OR ANY OTHER 26
180180 ASSOCIATION OF ENTIT IES IN A POSITION TO CONTRACT DIRECTLY WI TH THE 27
181181 COMMISSION UNLESS THE MEMBER OF THE COMMISSION: 28
182182
183183 (I) RECEIVES NO COMPENSAT ION FOR RENDERING SE RVICES 29
184184 AS A HEALTH CARE PRO VIDER; AND 30
185185 SENATE BILL 493 5
186186
187187
188188 (II) DOES NOT HAVE AN OWNE RSHIP INTEREST IN A HEALTH 1
189189 CARE PRACTICE . 2
190190
191191 (3) THE PROVISIONS IN THI S SUBSECTION MAY NOT BE CONSTRUED 3
192192 TO PROHIBIT A PHYSICIAN OR NURSE W HO DOES NOT SERVE AS A MEMBER OF A 4
193193 BOARD OF DIRECTORS F OR AN ENTITY LISTED IN PARAGRAPH (1) OF THIS 5
194194 SUBSECTION FROM SERV ING AS A MEMBER OF T HE COMMISSION. 6
195195
196196 (G) (1) THE COMMISSION SHALL DETE RMINE THE TIMES , PLACES, AND 7
197197 FREQUENCY OF ITS MEE TINGS. 8
198198
199199 (2) FIVE MEMBERS OF THE COMMISSION CONSTITUTE A QUORUM . 9
200200
201201 (3) ACTION BY THE COMMISSION REQUIRES T HE AFFIRMATIVE VOTE 10
202202 OF AT LEAST FIVE MEM BERS. 11
203203
204204 (H) A MEMBER OF THE COMMISSION: 12
205205
206206 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 13
207207 COMMISSION; BUT 14
208208
209209 (2) IS ENTITLED TO: 15
210210
211211 (I) A PER DIEM RATE AS PROVIDED IN THE STATE BUDGET FOR 16
212212 ATTENDING SCHEDULED MEETINGS OF THE COMMISSION; AND 17
213213
214214 (II) REIMBURSEMENT FOR EXP ENSES UNDER THE STANDARD 18
215215 STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 19
216216
217217 (I) A MEMBER OF THE COMMISSION SHALL PERF ORM THE MEMBER ’S 20
218218 DUTIES: 21
219219
220220 (1) IN GOOD FAITH; 22
221221
222222 (2) IN THE MANNER THE MEM BER REASONABLY BELIE VES TO BE IN 23
223223 THE BEST INTEREST OF THE STATE; AND 24
224224
225225 (3) WITHOUT INTENTIONAL O R RECKLESS DISREGARD OF THE CARE 25
226226 AN ORDINARILY PRUDEN T PERSON IN A LIKE P OSITION WOULD EX ERCISE UNDER 26
227227 SIMILAR CIRCUMSTANCE S. 27
228228
229229 (J) (1) (I) A MEMBER OF THE COMMISSION SHALL BE S UBJECT TO 28
230230 TITLE 5, SUBTITLES 1 THROUGH 7 OF THE GENERAL PROVISIONS ARTICLE. 29 6 SENATE BILL 493
231231
232232
233233
234234 (II) IN ADDITION TO THE DI SCLOSURE REQUIRED UN DER TITLE 1
235235 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE, A MEMBER OF THE 2
236236 COMMISSION SHALL DISC LOSE TO THE COMMISSION AND TO THE PUBLIC ANY 3
237237 RELATIONSHIP NOT ADD RESSED IN THE REQUIR ED FINANCIAL DISCLOS URE THAT 4
238238 THE MEMBER HAS WITH A HEALTH CARE PROVID ER, A HEALTH CLINIC , A 5
239239 PHARMACEUTICAL COMPA NY, A MEDICAL EQUIPMENT CO MPANY, A CARRIER, AN 6
240240 INSURANCE PRODUCER , A THIRD–PARTY ADMINISTRATOR , A MANAGED CARE 7
241241 ORGANIZATION , OR ANY OTHER ENTITY IN AN INDUSTRY INVOL VED IN MATTERS 8
242242 LIKELY TO COME BEFOR E THE COMMISSION. 9
243243
244244 (2) ON ALL MATTERS THAT C OME BEFORE THE COMMISSION, THE 10
245245 MEMBER SHALL : 11
246246
247247 (I) ADHERE STRICTLY TO TH E CONFLICT OF INTERE ST 12
248248 PROVISIONS UNDER TITLE 5, SUBTITLE 5 OF THE GENERAL PROVISIONS ARTICLE 13
249249 RELATING TO RESTRICT IONS ON PARTICIPATIO N, EMPLOYMENT , AND FINANCIAL 14
250250 INTERESTS; AND 15
251251
252252 (II) PROVIDE FULL DISCLOSU RE TO THE COMMISSION AND THE 16
253253 PUBLIC ON: 17
254254
255255 1. ANY MATTER THAT GIVES RISE TO A POTENTIAL 18
256256 CONFLICT OF INTEREST ; AND 19
257257
258258 2. THE MANNER IN WHICH T HE MEMBER WILL COMPL Y 20
259259 WITH THE PROVISIONS OF TITLE 5, SUBTITLE 5 OF THE GENERAL PROVISIONS 21
260260 ARTICLE TO AVOID ANY CONFLICT OF INTEREST OR APPEARANCE OF A C ONFLICT 22
261261 OF INTEREST. 23
262262
263263 (K) A MEMBER OF THE COMMISSION WHO PERFOR MS THE MEMBER ’S 24
264264 DUTIES IN ACCORDANCE WITH THE STANDARD ES TABLISHED UNDER SUBS ECTION 25
265265 (I) OF THIS SECTION MAY NOT BE PERSONALLY LI ABLE FOR ACTIONS TAK EN AS A 26
266266 MEMBER IF DONE IN GO OD FAITH, WITHOUT INTENT TO DE FRAUD, AND IN 27
267267 CONNECTION WITH THE ADMINISTRATION , MANAGEMENT , OR CONDUCT RELATED 28
268268 TO THIS SUBTITLE. 29
269269
270270 (L) A MEMBER OF THE COMMISSION MAY BE REM OVED FOR 30
271271 INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFORM THE DUTIES OF THE 31
272272 POSITION. 32
273273
274274 13–4403. 33
275275 SENATE BILL 493 7
276276
277277
278278 (A) THE COMMISSION SHALL DEVE LOP A PLAN FOR THE STATE TO 1
279279 ESTABLISH, ON OR BEFORE JULY 1, 2025, A UNIVERSAL HEALTH C ARE PROGRAM TO 2
280280 PROVIDE HEALTH BENEF ITS TO ALL RESIDENTS OF THE STATE THROUGH A 3
281281 SINGLE–PAYER SYSTEM . 4
282282
283283 (B) THE COMMISSION SHALL CONS IDER HOW TO: 5
284284
285285 (1) INCORPORATE HEALTH CA RE EQUITY AS A GOAL OF THE PLA N; 6
286286
287287 (2) REDUCE HEALTH CARE DI SPARITIES; AND 7
288288
289289 (3) INCREASE HEALTH CARE ACCESS , PARTICULARLY IN URBA N AND 8
290290 RURAL SETTINGS WITH LIMITED ACCESS. 9
291291
292292 (C) IN DEVELOPING THE PLA N, THE COMMISSION SHALL CONS IDER PLANS 10
293293 AND ANALYSES DONE IN OTHER STATES . 11
294294
295295 (D) THE HEALTH CARE PROGR AM SHALL BE DESIGNED TO: 12
296296
297297 (1) PROVIDE COMPREHENSIVE , AFFORDABLE , AND HIGH–QUALITY 13
298298 PUBLICLY FINANCED HE ALTH CARE COVERAGE F OR ALL RESIDENTS OF THE STATE 14
299299 IN A SEAMLESS AND EQ UITABLE MANNER , REGARDLESS OF INCOME , ASSETS, 15
300300 HEALTH STATUS , CITIZENSHIP OR IMMIG RATION STATUS , OR AVAILABILITY OF 16
301301 OTHER HEALTH CARE CO VERAGE; 17
302302
303303 (2) INCLUDE A BENEFIT PAC KAGE COVERING PRIMAR Y CARE, 18
304304 PREVENTIVE CARE , CHRONIC CARE , ACUTE EPISODIC CARE , REPRODUCTIVE CARE , 19
305305 INCLUDING PREGNANCY , BIRTH CONTROL , AND ABORTION SERVICE S, AND 20
306306 HOSPITAL SERVICES ; 21
307307
308308 (3) RECOMMEND HOW, TO THE MAXIMUM EXTENT A LLOWABLE 22
309309 UNDER FEDERAL LAW AN D WAIVERS FROM FEDER AL LAW, TO: 23
310310
311311 (I) ENSURE THAT ALL FEDER AL PAYMENTS PROVIDED IN THE 24
312312 STATE FOR HEALTH CARE SERVICES ARE PAID DI RECTLY TO THE HEALTH CARE 25
313313 PROGRAM; AND 26
314314
315315 (II) ASSUME RESPONSIBILIT Y FOR THE BENEFITS A ND 27
316316 SERVICES CURRENTLY P AID FOR AND PROVIDED UNDER STATE AND FEDERAL 28
317317 PROGRAMS, INCLUDING THE EXCHANGE, MEDICAID, AND MEDICARE; 29
318318
319319 (4) INCLUDE HEALTH CARE C OVERAGE PROVIDED : 30
320320 8 SENATE BILL 493
321321
322322
323323 (I) BY EMPLOYERS THAT CHO OSE TO PARTICIPATE ; AND 1
324324
325325 (II) TO STATE, COUNTY, AND MUNICIPAL EMPLOY EES; AND 2
326326
327327 (5) CONTAIN COSTS BY : 3
328328
329329 (I) PROVIDING INCENTIVES TO RESIDENTS TO AVOI D 4
330330 PREVENTABLE HEALTH C ONDITIONS, PROMOTE HEALTH , AND AVOID UNNECESSAR Y 5
331331 EMERGENCY ROOM VISIT S; 6
332332
333333 (II) ESTABLISHING INNOVATI VE PAYMENT ME CHANISMS TO 7
334334 HEALTH CARE PROFESSI ONALS, SUCH AS GLOBAL PAYME NTS; AND 8
335335
336336 (III) REDUCING UNNECESSARY ADMINISTRATIVE 9
337337 EXPENDITURES . 10
338338
339339 (E) THE PLAN SHALL INCLUD E: 11
340340
341341 (1) A TIMELINE FOR THE EST ABLISHMENT OF THE HE ALTH CARE 12
342342 PROGRAM; 13
343343
344344 (2) PLANS FOR TRANSITION TO THE HEALTH CARE P ROGRAM, 14
345345 INCLUDING: 15
346346
347347 (I) SUSPENDING OPERATIONS OF THE EXCHANGE TO ENABLE 16
348348 THE STATE TO RECEIVE THE APPROPRIATE FEDERAL FUND CONTRIBUTION IN LIEU 17
349349 OF THE FEDERAL PREMI UM TAX CREDITS , COST–SHARING SUBSIDIES , AND SMALL 18
350350 BUSINESS TAX CREDITS PROVIDED IN THE AFFORDABLE CARE ACT; 19
351351
352352 (II) HOW TO FULLY INTEGRAT E OR ALIGN MEDICAID, 20
353353 MEDICARE, PRIVATE INSURANCE , AND STATE, COUNTY, AND MUNICIPAL 21
354354 EMPLOYEES INTO OR WI TH THE HEALTH CARE P ROGRAM; AND 22
355355
356356 (III) A PLAN FOR TRANSITIO NING WORKERS DISPLAC ED BY 23
357357 CHANGES TO THE HEALT H CARE SYSTEM ; 24
358358
359359 (3) A PROPOSED OPERATING S TRUCTURE FOR THE HEA LTH CARE 25
360360 PROGRAM; 26
361361
362362 (4) COST PROJECTIONS FOR THE HEALTH CARE PROG RAM AND 27
363363 RECOMMENDATIONS FOR THE AMOUNTS AND MECH ANISMS NECESSARY TO FINANCE 28
364364 THE HEALTH CARE PROGRAM ; 29
365365 SENATE BILL 493 9
366366
367367
368368 (5) (I) A PROPOSED HEALTH BENE FIT PACKAGE TO BE OF FERED IN 1
369369 THE HEALTH CARE PROG RAM; AND 2
370370
371371 (II) AN ANALYSIS OF WHETHE R THE HEALTH CARE PR OGRAM 3
372372 SHOULD INCLUDE DENTA L, VISION, HEARING, AND LONG–TERM CARE BENEFITS ; 4
373373 AND 5
374374
375375 (6) RECOMMENDATIONS FOR LEGISL ATION REQUIRED TO ES TABLISH 6
376376 THE HEALTH CARE PROG RAM. 7
377377
378378 (F) THE COMMISSION SHALL SUBM IT TO THE GOVERNOR AND , IN 8
379379 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 9
380380 FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 10
381381 COMMITTEE: 11
382382
383383 (1) ON OR BEFORE JUNE 1, 2023, AN INTERIM PROGRESS REPORT ON 12
384384 THE DEVELOPMENT OF A PLAN TO ESTABLISH TH E HEALTH CARE PROGRA M; AND 13
385385
386386 (2) ON OR BEFORE OCTOBER 1, 2024, THE PLAN TO ESTABLIS H THE 14
387387 HEALTH CARE PROGRAM . 15
388388
389389 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 16
390390 1, 2022. It shall remain effective for a period of 4 years and 1 month and, at the end of June 17
391391 30, 2026, this Act, with no further action required by the General Assembly, shall be 18
392392 abrogated and of no further force and effect. 19
393393
394394