Maryland 2024 Regular Session

Maryland House Bill HB1085 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1085
6	6
7	7	HOUSE BILL 1085
8	8	J5, J1 EMERGENCY BILL 4lr1807
9	9	CF 4lr1810
10	10	By: Delegate Cullison
11	11	Introduced and read first time: February 7, 2024
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Insurance Administration – Mental Health Parity and Addiction 2
19	19	Equity Reporting Requirements – Revisions and Sunset Repeal 3
20	20
21	21	FOR the purpose of altering certain reporting requirements on health insurance carriers 4
22	22	relating to compliance with the federal Mental Health Parity and Addiction Equity 5
23	23	Act; altering requirements for certain analyses of nonquantitative treatment 6
24	24	limitations required of health insurance carriers; establishing certain remedies the 7
25	25	Maryland Insurance Commissioner may use to enforce compliance with the 8
26	26	reporting requirements; repealing the requirement that the Commissioner use a 9
27	27	certain form for the reporting requirements; repealing the termination date for the 10
28	28	reporting requirements; and generally relating to health insurance carriers and 11
29	29	mental health parity and addiction equity reporting. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Insurance 14
33	33	Section 15–144 15
34	34	Annotated Code of Maryland 16
35	35	(2017 Replacement Volume and 2023 Supplement) 17
36	36
37	37	BY repealing 18
38	38	Chapter 211 of the Acts of the General Assembly of 2020 19
39	39	Section 2 and 3 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Chapter 211 of the Acts of the General Assembly of 2020 22
43	43	Section 4 23
44	44
45	45	BY repealing 24
46	46	Chapter 212 of the Acts of the General Assembly of 2020 25
47	47	Section 2 and 3 26
48	48	2 HOUSE BILL 1085
49	49
50	50
51	51	BY repealing and reenacting, with amendments, 1
52	52	Chapter 212 of the Acts of the General Assembly of 2020 2
53	53	Section 4 3
54	54
55	55	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56	56	That the Laws of Maryland read as follows: 5
57	57
58	58	Article – Insurance 6
59	59
60	60	15–144. 7
61	61
62	62	(a) (1) In this section the following words have the meanings indicated. 8
63	63
64	64	(2) “Carrier” means: 9
65	65
66	66	(i) an insurer that holds a certificate of authority in the State and 10
67	67	provides health insurance in the State; 11
68	68
69	69	(ii) a health maintenance organization that is licensed to operate in 12
70	70	the State; 13
71	71
72	72	(iii) a nonprofit health service plan that is licensed to operate in the 14
73	73	State; or 15
74	74
75	75	(iv) any other person or organization that provides health benefit 16
76	76	plans subject to State insurance regulation. 17
77	77
78	78	(3) “Health benefit plan” means: 18
79	79
80	80	(i) for a large group or blanket plan, a health benefit plan as defined 19
81	81	in § 15–1401 of this title; 20
82	82
83	83	(ii) for a small group plan, a health benefit plan as defined in § 21
84	84	15–1201 of this title; 22
85	85
86	86	(iii) for an individual plan: 23
87	87
88	88	1. a health benefit plan as defined in § 15–1301(l) of this title; 24
89	89	or 25
90	90
91	91	2. an individual health benefit plan as defined in § 26
92	92	15–1301(o) of this title; 27
93	93
94	94	(iv) short–term limited duration insurance as defined in § 15–1301(s) 28
95	95	of this title; or 29
96	96
97	97	(v) a student health plan as defined in § 15–1318(a) of this title. 30 HOUSE BILL 1085 3
98	98
99	99
100	100
101	101	(4) “Medical/surgical benefits” has the meaning stated in 45 C.F.R. § 1
102	102	146.136(a) and 29 C.F.R. § 2590.712(a). 2
103	103
104	104	(5) “Mental health benefits” has the meaning stated in 45 C.F.R. § 3
105	105	146.136(a) and 29 C.F.R. § 2590.712(a). 4
106	106
107	107	(6) “Nonquantitative treatment limitation” means treatment limitations 5
108	108	as defined in 45 C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a). 6
109	109
110	110	(7) “Parity Act” means the Paul Wellstone and Pete Domenici Mental 7
111	111	Health Parity and Addiction Equity Act of 2008, AS AMENDED , and ITS IMPLEMENTING 8
112	112	REGULATIONS , INCLUDING 45 C.F.R. § 146.136 and 29 C.F.R. § 2590.712 AND ANY 9
113	113	OTHER RELATED REGULA TIONS FOUND IN THE CODE OF FEDERAL REGULATIONS . 10
114	114
115	115	(8) “Parity Act classification” means: 11
116	116
117	117	(i) inpatient in–network benefits; 12
118	118
119	119	(ii) inpatient out–of–network benefits; 13
120	120
121	121	(iii) outpatient in–network benefits; 14
122	122
123	123	(iv) outpatient out–of–network benefits; 15
124	124
125	125	(v) prescription drug benefits; and 16
126	126
127	127	(vi) emergency care benefits. 17
128	128
129	129	(9) “PRODUCT” HAS THE MEANING STAT ED IN § 15–1309(A)(3) OF 18
130	130	THIS TITLE. 19
131	131
132	132	[(9)] (10) “Substance use disorder benefits” has the meaning stated in 45 20
133	133	C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a). 21
134	134
135	135	(b) This section applies to a carrier that delivers or issues for delivery a health 22
136	136	benefit plan in the State. 23
137	137
138	138	(c) (1) On or before [March 1, 2022, and March 1, 2024] JULY 1, 2024, AND 24
139	139	EVERY 2 YEARS THEREAFTER , each carrier subject to this section shall[: 25
140	140
141	141	(i) identify the five health benefit plans with the highest enrollment 26
142	142	for each product offered by the carrier in the individual, small, and large group markets; 27
143	143	and 28
144	144	4 HOUSE BILL 1085
145	145
146	146
147	147	(ii)] submit a report to the Commissioner ON PRODUCTS 1
148	148	IDENTIFIED BY THE COMMISSIONER to demonstrate the carrier’s compliance with the 2
149	149	Parity Act. 3
150	150
151	151	(2) The report submitted under paragraph (1) of this subsection shall 4
152	152	include [the following information for the health benefit plans identified under item (1)(i) 5
153	153	of this subsection: 6
154	154
155	155	(i) a description of the process used to develop or select the medical 7
156	156	necessity criteria for mental health benefits and substance use disorder benefits and the 8
157	157	process used to develop or select the medical necessity criteria for medical and surgical 9
158	158	benefits; 10
159	159
160	160	(ii) for each Parity Act classification, identification of 11
161	161	nonquantitative treatment limitations that are applied to mental health benefits and 12
162	162	substance use disorder benefits and medical and surgical benefits; 13
163	163
164	164	(iii) identification of the description of the nonquantitative treatment 14
165	165	limitations identified under item (ii) of this paragraph in documents and instruments under 15
166	166	which the plan is established or operated; and 16
167	167
168	168	(iv)] the results of [the] A comparative analysis [as described under 17
169	169	subsections (d) and (e) of this section] CONDUCTED BY EACH CARRIER ON NO T LESS 18
170	170	THAN FOUR NONQUANT ITATIVE TREATMENT LIMITATION S SELECTED BY THE 19
171	171	COMMISSIONER IN ACCORDANCE WITH P ARAGRAPH (3) OF THIS SUBSECTION . 20
172	172
173	173	(3) IN SELECTING THE NONQ UANTITATIVE TREATMENT L IMITATIONS 21
174	174	REQUIRED TO BE INCLU DED IN EACH REPORTING PERIO D, THE COMMISSIONER : 22
175	175
176	176	(I) SHALL PRIORITIZE THE NONQUANTITATIVE TREATMENT 23
177	177	LIMITATIONS IDENTIFI ED BY THE COMMISSIONER AS HAVIN G THE GREATEST 24
178	178	IMPACT ON PATIENT AC CESS TO CARE; AND 25
179	179
180	180	(II) MAY TAKE INTO CONSID ERATION OTHER FACTOR S 26
181	181	DETERMINED RELE VANT BY THE COMMISSIONER , INCLUDING COMPLAINT TRENDS 27
182	182	AND WHETHER THE NONQUA NTITATIVE TREATMENT LIMITATION WAS SELEC TED 28
183	183	FOR A PREVIOUS REPORTING YEAR . 29
184	184
185	185	(d) (1) A carrier subject to this section shall conduct a comparative analysis 30
186	186	for the nonquantitative treatment limitations identified under subsection [(c)(2)(ii)] (C)(2) 31
187	187	of this section as nonquantitative treatment limitations are: 32
188	188
189	189	(i) written; and 33
190	190
191	191	(ii) in operation. 34 HOUSE BILL 1085 5
192	192
193	193
194	194
195	195	(2) The comparative analysis of the nonquantitative treatment limitations 1
196	196	identified under subsection [(c)(2)(ii)] (C)(2) of this section shall demonstrate that the 2
197	197	processes, strategies, evidentiary standards, or other factors used in applying [the medical 3
198	198	necessity criteria and] each SELECTED nonquantitative treatment limitation to mental 4
199	199	health benefits and substance use disorder benefits in each Parity Act classification are 5
200	200	comparable to, and are applied no more stringently than, the processes, strategies, 6
201	201	evidentiary standards, or other factors used in applying [the medical necessity criteria and] 7
202	202	each SELECTED nonquantitative treatment limitation to medical and surgical benefits 8
203	203	within the same Parity Act classification. 9
204	204
205	205	(3) REGARDLESS OF WHETHER IT WAS USED BEFORE T HE PARITY 10
206	206	ACT WAS ENACTED , A CARRIER SHALL PERFORM AND PROVIDE A COMPARATIV E 11
207	207	ANALYSIS FOR EACH PROCESS, STRATEGY, EVIDENTIARY STANDARD OR OTHER 12
208	208	FACTOR USED IN APPLYING A SELECTED NONQUANTITATIVE TREA TMENT 13
209	209	LIMITATION USED DURING A REPORT ING PERIOD AND REQUE STED BY THE 14
210	210	COMMISSIONER . 15
211	211
212	212	(e) In providing the analysis required under subsection (d) of this section, a 16
213	213	carrier shall: 17
214	214
215	215	(1) identify the factors used to determine that a nonquantitative treatment 18
216	216	limitation will apply to a benefit, including: 19
217	217
218	218	(i) the sources for the factors; 20
219	219
220	220	(ii) the factors that were considered but rejected; and 21
221	221
222	222	(iii) if a factor was given more weight than another, the reason for 22
223	223	the difference in weighting; 23
224	224
225	225	(2) identify and define the specific evidentiary standards used to define the 24
226	226	factors and any other evidence relied on in designing each nonquantitative treatment 25
227	227	limitation; 26
228	228
229	229	(3) include the results of the audits, reviews, and analyses performed on 27
230	230	the nonquantitative treatment limitations identified under subsection [(c)(2)(ii)] (C)(2) 28
231	231	AND (3) of this section to conduct the analysis required under subsection (d)(2) of this 29
232	232	section for the [plans] PRODUCTS as written; 30
233	233
234	234	(4) include the results of the audits, reviews, and analyses performed on 31
235	235	the nonquantitative treatment limitations identified under subsection [(c)(2)(ii)] (C)(2) 32
236	236	AND (3) of this section to conduct the analysis required under subsection (d)(2) of this 33
237	237	section for the [plans] PRODUCTS as in operation; 34
238	238	6 HOUSE BILL 1085
239	239
240	240
241	241	(5) identify the measures used to ensure comparable design and 1
242	242	application of nonquantitative treatment limitations that are implemented by the carrier 2
243	243	and any entity delegated by the carrier to manage mental health benefits, substance use 3
244	244	disorder benefits, or medical/surgical benefits on behalf of the carrier; 4
245	245
246	246	(6) disclose the specific findings and conclusions reached by the carrier that 5
247	247	indicate that the [health benefit plan] PRODUCT is in compliance with this section and the 6
248	248	Parity Act [and its implementing regulations, including 45 C.F.R. 146.136 and 29 C.F.R. 7
249	249	2590.712 and any other related federal regulations found in the Code of Federal 8
250	250	Regulations]; and 9
251	251
252	252	(7) identify the process used to comply with the Parity Act disclosure 10
253	253	requirements for mental health benefits, substance use disorder benefits, and 11
254	254	medical/surgical benefits, including: 12
255	255
256	256	(i) the criteria for a medical necessity determination; 13
257	257
258	258	(ii) reasons for a denial of benefits; and 14
259	259
260	260	(iii) in connection with a member’s request for group plan 15
261	261	information and for purposes of filing an internal coverage or grievance matter and appeals, 16
262	262	plan documents that contain information about processes, strategies, evidentiary 17
263	263	standards, and any other factors used to apply a nonquantitative treatment limitation. 18
264	264
265	265	[(f) On or before March 1, 2022, and March 1, 2024, each carrier subject to this 19
266	266	section shall submit a report for the health benefit plans identified under subsection (c)(1)(i) 20
267	267	of this section to the Commissioner on the following data for the immediately preceding 21
268	268	calendar year for mental health benefits, substance use disorder benefits, and 22
269	269	medical/surgical benefits by Parity Act classification: 23
270	270
271	271	(1) the frequency, reported by number and rate, with which the health 24
272	272	benefit plan received, approved, and denied prior authorization requests for mental health 25
273	273	benefits, substance use disorder benefits, and medical and surgical benefits in each Parity 26
274	274	Act classification during the immediately preceding calendar year; and 27
275	275
276	276	(2) the number of claims submitted for mental health benefits, substance 28
277	277	use disorder benefits, and medical and surgical benefits in each Parity Act classification 29
278	278	during the immediately preceding calendar year and the number and rates of, and reasons 30
279	279	for, denial of claims.] 31
280	280
281	281	(F) THE COMMISSIONER MAY DEVE LOP AND REQUIRE ADDI TIONAL 32
282	282	STANDARD IZED DATA SUBMISSION S TO EVALUATE A COMPARATIVE ANALYSIS OF 33
283	283	NONQUANTITATIVE TREA TMENT LIMITATIONS . 34
284	284
285	285	(g) The reports required under [subsections (c) and (f) of] this section shall: 35
286	286	HOUSE BILL 1085 7
287	287
288	288
289	289	(1) be submitted on a standard form THAT IS developed by the 1
290	290	Commissioner IN ACCORDANCE WITH C URRENT BEST PRACTICE S; 2
291	291
292	292	(2) be submitted by the carrier that issues or delivers the [health benefit 3
293	293	plan] PRODUCT; 4
294	294
295	295	(3) be prepared in coordination with any entity the carrier contracts with 5
296	296	to provide mental health benefits and substance use disorder benefits; 6
297	297
298	298	(4) contain a statement, signed by a corporate officer, attesting to the 7
299	299	accuracy of the information contained in the report; 8
300	300
301	301	(5) be available to plan members and the public on the carrier’s website in 9
302	302	a summary form that removes confidential or proprietary information and is developed by 10
303	303	the Commissioner [in accordance with subsection (m)(2) of this section]; and 11
304	304
305	305	(6) exclude any identifying information of any plan member. 12
306	306
307	307	(h) (1) A carrier submitting a report under [subsections (c) and (f) of] this 13
308	308	section may submit a written request to the Commissioner that disclosure of specific 14
309	309	information included in the report be denied under the Public Information Act and, if 15
310	310	submitting a request, shall: 16
311	311
312	312	(i) identify the particular information the disclosure of which the 17
313	313	carrier requests be denied; and 18
314	314
315	315	(ii) cite the statutory authority under the Public Information Act 19
316	316	that authorizes denial of access to the information. 20
317	317
318	318	(2) The Commissioner may review a request submitted under paragraph 21
319	319	(1) of this subsection on receipt of a request for access to the information under the Public 22
320	320	Information Act. 23
321	321
322	322	(3) The Commissioner may notify the carrier that submitted the request 24
323	323	under paragraph (1) of this subsection before granting access to information that was the 25
324	324	subject of the request. 26
325	325
326	326	(4) A carrier shall disclose to a member on request any plan information 27
327	327	contained in a report that is required to be disclosed to that member under federal or State 28
328	328	law. 29
329	329
330	330	(i) The Commissioner shall: 30
331	331
332	332	(1) review each report submitted in accordance with [subsections (c) and 31
333	333	(f) of] this section to assess each carrier’s compliance with the Parity Act; 32
334	334	8 HOUSE BILL 1085
335	335
336	336
337	337	(2) notify a carrier in writing of any noncompliance with the Parity Act 1
338	338	before issuing an administrative order; and 2
339	339
340	340	(3) within 90 days after the notice of noncompliance is issued, allow the 3
341	341	carrier to: 4
342	342
343	343	(i) submit a compliance plan to the Administration to comply with 5
344	344	the Parity Act; and 6
345	345
346	346	(ii) reprocess any claims that were improperly denied, in whole or in 7
347	347	part, because of the noncompliance. 8
348	348
349	349	(j) (1) If the Commissioner finds that the carrier failed to submit a complete 9
350	350	report required under [subsection (c) or (f) of] this section, the Commissioner may: 10
351	351
352	352	(I) TAKE ACTION AUTHORIZ ED UNDER PARAGRAPH (2) OF THIS 11
353	353	SUBSECTION; 12
354	354
355	355	(II) CHARGE THE CARRIER , IN ACCORDANCE WITH § 2–208 OF 13
356	356	THIS ARTICLE, FOR ANY ADDITIONAL E XPENSES INCURRED BY THE COMMISSIONER 14
357	357	AFTER THE COMMISSIONER DETERMIN ES THE INITIALLY SUBMITTED REPORT WAS 15
358	358	INCOMPLETE ; OR 16
359	359
360	360	(III) impose any penalty or take any action as authorized: 17
361	361
362	362	[(1)] 1. for an insurer, nonprofit health service plan, or any other 18
363	363	person subject to this section, under this article; or 19
364	364
365	365	[(2)] 2. for a health maintenance organization, under this article 20
366	366	or the Health – General Article. 21
367	367
368	368	(2) IF THE COMMISSIONER CANNOT M AKE A DETERMINATION THAT A 22
369	369	SPECIFIC CONDUCT OR PRACTICE IS COMPLIAN T WITH THE PARITY ACT BECAUSE 23
370	370	THE CARRIER FAILED T O PROVIDE A SUFFICIE NT COMPARATIVE ANALY SIS FOR A 24
371	371	NONQUANTITATIVE TREA TMENT LIMITATION , THE COMMISSIONER MAY : 25
372	372
373	373	(I) ISSUE AN ADMINISTRAT IVE ORDER REQUIRING THE 26
374	374	CARRIER OR AN ENTITY DELEGATED BY THE CAR RIER TO TAKE THE FOLLOWING 27
375	375	ACTION UNTIL THE COMMISSIONER CAN MAKE A DETERMINATION OF COMPLIANCE 28
376	376	WITH THE PARITY ACT: 29
377	377
378	378	1. MODIFY THE CONDUCT OR PRACT ICE AS SPECIFIED 30
379	379	BY THE COMMISSIONER ; 31
380	380
381	381	2. CEASE THE CONDUCT OR PRACTICE; OR 32 HOUSE BILL 1085 9
382	382
383	383
384	384
385	385	3. SUBMIT PERIODIC DATA RELATED TO THE CONDUCT 1
386	386	OR PRACTICE; OR 2
387	387
388	388	(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 3
389	389	REQUIRE THE CARRIER TO PERFORM A NEW COM PARATIVE ANALYSIS . 4
390	390
391	391	(3) THE COMMISSIONER MAY REQU IRE THE CARRIER TO E STABLISH 5
392	392	SPECIFIC QUANTITATIV E THRESHOLDS FOR EVIDE NTIARY STANDARDS AND 6
393	393	CONDUCT A NEW COMPARATIVE AN ALYSIS FOR A NONQUANTITATIVE TR EATMENT 7
394	394	LIMITATION IF THE COMMISSIONER DETERMIN ES A CARRIER FAILED TO PROVIDE A 8
395	395	SUFFICIENT COMPARATI VE ANALYSIS BECAUSE THE CARRIER DID NOT: 9
396	396
397	397	(I) USE APPLICABLE QUANT ITATIVE THRESHOLDS FOR THE 10
398	398	EVIDENTIARY STANDARD ; OR 11
399	399
400	400	(II) PROVIDE A SPECIFIC , DETAILED, AND REASONED 12
401	401	EXPLANATION OF HOW T HE CARRIER ENSURES T HE FACTORS FOR THE 13
402	402	NONQUANTITATIVE TREA TMENT LIMITATION ARE BEING APPLIED CO MPARABLY 14
403	403	AND NO MORE STRINGEN TLY TO MENTAL HEALTH AND SUBSTANCE USE DISORDER 15
404	404	SERVICES. 16
405	405
406	406	(k) If, as a result of the review required under subsection (i)(1) of this section, the 17
407	407	Commissioner finds that the carrier failed to comply with the provisions of the Parity Act, 18
408	408	and did not submit a compliance plan to adequately correct the noncompliance, the 19
409	409	Commissioner may: 20
410	410
411	411	(1) issue an administrative order that requires: 21
412	412
413	413	(i) the carrier or an entity delegated by the carrier to cease the 22
414	414	noncompliant conduct or practice; or 23
415	415
416	416	(ii) the carrier to provide a payment that has been denied improperly 24
417	417	because of the noncompliance; or 25
418	418
419	419	(2) impose any penalty or take any action as authorized: 26
420	420
421	421	(i) for an insurer, nonprofit health service plan, or any other person 27
422	422	subject to this section, under this article; or 28
423	423
424	424	(ii) for a health maintenance organization, under this article or the 29
425	425	Health – General Article. 30
426	426
427	427	(l) In determining an appropriate penalty under subsection (j) or (k) of this 31
428	428	section, the Commissioner shall consider the late filing of a report required under 32 10 HOUSE BILL 1085
429	429
430	430
431	431	[subsection (c) or (f) of] this section and any parity violation to be a serious violation with 1
432	432	a significantly deleterious effect on the public. 2
433	433
434	434	[(m) On or before December 31, 2021, the Commissioner shall create: 3
435	435
436	436	(1) a standard form for entities to submit the reports in accordance with 4
437	437	subsection (g)(1) of this section; and 5
438	438
439	439	(2) a summary form for entities to post to their websites in accordance with 6
440	440	subsection (g)(5) of this section.] 7
441	441
442	442	(M) ON OR BEFORE JANUARY 1, 2026, AND EVERY 2 YEARS THEREAFTER , 8
443	443	THE COMMISSIONER SHALL SU BMIT A REPORT TO THE GENERAL ASSEMBLY, IN 9
444	444	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THAT: 10
445	445
446	446	(1) SUMMARIZES THE FINDI NGS OF THE COMMISSIONER AFTER 11
447	447	REVIEWING THE REPORT S REQUIRED UNDER THIS SECTION; AND 12
448	448
449	449	(2) MAKES SPECIFIC RECOM MENDATIONS REGARDING : 13
450	450
451	451	(I) THE INFORMATION GAIN ED FROM THE REPORTS ; 14
452	452
453	453	(II) THE VALUE OF AND NEE D FOR ONGOING COMPLI ANCE AND 15
454	454	DATA REPORTING ; 16
455	455
456	456	(III) THE FREQUENCY OF REP ORTING IN SUBSEQUENT YEARS 17
457	457	AND WHETHER TO REPOR T ON AN ANNUAL OR BI ENNIAL BASIS; AND 18
458	458
459	459	(IV) BASED ON THE CARRIER REPORTS AND OTHER GU IDANCE 19
460	460	FROM FEDERAL REGULAT ORS AND OTHER STATES , ANY CHANGES IN THE 20
461	461	REPORTING AND DATA R EQUIREMENTS THAT SHO ULD BE IMPLEMENTED I N 21
462	462	SUBSEQUENT YEARS , INCLUDING FREQUENCY AND CONTENT AND WHET HER 22
463	463	ADDITIONAL NONQUANTI TATIVE TREATMENT LIM ITATIONS SHOULD BE I NCLUDED 23
464	464	IN THE REPORTING AND DATA REQUIREMENTS . 24
465	465
466	466	(n) [On or before December 31, 2021, the] THE Commissioner shall, in 25
467	467	consultation with interested stakeholders, adopt regulations to implement this section, 26
468	468	including to ensure uniform definitions and methodology for the reporting requirements 27
469	469	established under this section. 28
470	470
471	471	Chapter 211 of the Acts of 2020 29
472	472
473	473	[SECTION 2. AND BE IT FURTHER ENACTED, That the standard form the 30
474	474	Maryland Insurance Commissioner is required to develop under § 15–144(m)(1) of the 31
475	475	Insurance Article, as enacted by Section 1 of this Act, for the report required under § 32 HOUSE BILL 1085 11
476	476
477	477
478	478	15–144(c) of the Insurance Article, as enacted by Section 1 of this Act, shall be the National 1
479	479	Association of Insurance Commissioners’ Data Collection Tool for Mental Health Parity 2
480	480	Analysis, Nonquantitative Treatment Limitations and any ame ndments by the 3
481	481	Commissioner to the tool necessary to incorporate the requirements of § 15–144(c), (d), and 4
482	482	(e) of the Insurance Article, as enacted by Section 1 of this Act.] 5
483	483
484	484	[SECTION 3. AND BE IT FURTHER ENACTED, That the Maryland Insurance 6
485	485	Commissioner shall submit to the General Assembly an interim report on or before 7
486	486	December 1, 2023, and a final report on or before December 1, 2025, in accordance with § 8
487	487	2–1257 of the State Government Article, that: 9
488	488
489	489	(1) summarize the findings of the Commissioner after reviewing the 10
490	490	reports required under Section 1 of this Act; and 11
491	491
492	492	(2) make specific recommendations regarding: 12
493	493
494	494	(i) the information gained from the reports; 13
495	495
496	496	(ii) the value of and need for ongoing compliance and data reporting; 14
497	497
498	498	(iii) the frequency of reporting in subsequent years and whether to 15
499	499	report on an annual or biennial basis; and 16
500	500
501	501	(iv) based on the carrier reports and other guidance from federal 17
502	502	regulators and other states, any changes in the reporting and data requirements that 18
503	503	should be implemented in subsequent years, including frequency and content and whether 19
504	504	additional nonquantitative treatment limitations should be included in the reporting and 20
505	505	data requirements.] 21
506	506
507	507	SECTION 4. AND BE IT FURTHER ENACTED, Tha t this Act shall take effect 22
508	508	October 1, 2020. [It shall remain in effect for a period of 6 years and, at the end of 23
509	509	September 30, 2026, this Act, with no further action required by the General Assembly, 24
510	510	shall be abrogated and of no further force and effect.] 25
511	511
512	512	Chapter 212 of the Acts of 2020 26
513	513
514	514	[SECTION 2. AND BE IT FURTHER ENACTED, That the standard form the 27
515	515	Maryland Insurance Commissioner is required to develop under § 15–144(m)(1) of the 28
516	516	Insurance Article, as enacted by Section 1 of this Act, for the report required under § 29
517	517	15–144(c) of the Insurance Article, as enacted by Section 1 of this Act, shall be the National 30
518	518	Association of Insurance Commissioners’ Data Collection Tool for Mental Health Parity 31
519	519	Analysis, Nonquantitative Treatment Limitations and any amendments by the 32
520	520	Commissioner to the tool necessary to incorporate the requirements of § 15–144(c), (d), and 33
521	521	(e) of the Insurance Article, as enacted by Section 1 of this Act.] 34
522	522	12 HOUSE BILL 1085
523	523
524	524
525	525	[SECTION 3. AND BE IT FURTHER ENACTED, That the Maryland Insurance 1
526	526	Commissioner shall submit to the General Assembly an interim report on or before 2
527	527	December 1, 2023, and a final report on or before December 1, 2025, in accordance with § 3
528	528	2–1257 of the State Government Article, that: 4
529	529
530	530	(1) summarize the findings of the Commissioner after reviewing the 5
531	531	reports required under Section 1 of this Act; and 6
532	532
533	533	(2) make specific recommendations regarding: 7
534	534
535	535	(i) the information gained from the reports; 8
536	536
537	537	(ii) the value of and need for ongoing compliance and data reporting; 9
538	538
539	539	(iii) the frequency of reporting in subsequent years and whether to 10
540	540	report on an annual or biennial basis; and 11
541	541
542	542	(iv) based on the carrier reports and other guidance from federal 12
543	543	regulators and other states, any changes in the reporting and data requirements that 13
544	544	should be implemented in subsequent years, including frequency and content and whether 14
545	545	additional nonquantitative treatment limitations should be included in the reporting and 15
546	546	data requirements.] 16
547	547
548	548	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
549	549	October 1, 2020. [It shall remain in effect for a period of 6 years and, at the end of 18
550	550	September 30, 2026, this Act, with no further action required by the General Assembly, 19
551	551	shall be abrogated and of no further force and effect.] 20
552	552
553	553	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
554	554	measure, is necessary for the immediate preservation of the public health or safety, has 22
555	555	been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
556	556	each of the two Houses of the General Assembly, and shall take effect from the date it is 24
557	557	enacted. 25