EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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HOUSE BILL 400
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CF SB 124
By: Delegates Woods, Alston, Guzzone, Harris, Henson, Hill, Ivey, S. Johnson,
Kaufman, Kerr, R. Lewis, J. Long, Martinez, McCaskill, Patterson,
Roberson, Roberts, Schmidt, Simmons, Simpson, Taveras, Taylor, Turner,
Valderrama, and White Holland
Introduced and read first time: January 18, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program and Health Insurance – Annual 2
Behavioral Health Wellness Visits – Coverage and Reimbursement 3
FOR the purpose of requiring the Maryland Medical Assistance Program and certain health 4
insurers, nonprofit health service plans, and health maintenance organizations to 5
provide coverage and certain reimbursement for annual behavioral health wellness 6
visits; and generally relating to coverage and reimbursement for behavioral health 7
care services. 8
BY adding to 9
Article – Health – General 10
Section 15–102.3(m) and 15–103(a)(2)(xxiv) 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 15–103(a)(1) 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Health – General 20
Section 15–103(a)(2)(xxii) and (xxiii) 21
Annotated Code of Maryland 22
(2023 Replacement Volume) 23
BY adding to 24 2 HOUSE BILL 400
Article – Insurance 1
Section 15–861 2
Annotated Code of Maryland 3
(2017 Replacement Volume and 2023 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Health – General 7
15–102.3. 8
(M) BEGINNING JULY 1, 2025, THE PROVISIONS OF § 15–861 OF THE 9
INSURANCE ARTICLE APPLY TO MANA GED CARE ORGANIZATIO NS IN THE SAME 10
MANNER THEY APPLY TO CARRIERS. 11
15–103. 12
(a) (1) The Secretary shall administer the Maryland Medical Assistance 13
Program. 14
(2) The Program: 15
(xxii) Beginning on January 1, 2024, shall provide gender–affirming 16
treatment in accordance with § 15–151 of this subtitle; [and] 17
(xxiii) Beginning on July 1, 2025, shall provide, subject to the 18
limitations of the State budget, and as permitted by federal law, coverage for biomarker 19
testing in accordance with § 15–859 of the Insurance Article; AND 20
(XXIV) BEGINNING ON JULY 1, 2025, SHALL PROVIDE 21
COVERAGE FOR ANNUAL BEHAVIORAL HEALTH WE LLNESS VISITS IN THE MANNER 22
DESCRIBED IN § 15–861 OF THE INSURANCE ARTICLE. 23
Article – Insurance 24
15–861. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “BEHAVIORAL HEALTH WEL LNESS VISIT” MEANS A CLINICAL 28
ENCOUNTER DURING WHI CH A HEALTH CARE PRA CTITIONER CONDUCTS A N 29
ASSESSMENT TO IDENTI FY WHETHER A PATIENT MEETS CRITERIA FOR A 30
PSYCHIATRIC OR SUBST ANCE USE DISORDER . 31 HOUSE BILL 400 3
(3) “HEALTH CARE PRACTITIO NER” MEANS AN INDIVIDUAL : 1
(I) WHO IS LICENSED , CERTIFIED, OR OTHERWISE AUTHORI ZED 2
UNDER THE HEALTH OCCUPATIONS ARTICLE TO PRACTICE A HEALTH OCCUPATION ; 3
AND 4
(II) WHOSE SCOPE OF PRACT ICE INCLUDES THE PRO VISION OF 5
MENTAL HEALTH AND SU BSTANCE USE DISORDER CARE SERVICES . 6
(B) THIS SECTION APPLIES TO: 7
(1) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 8
PROVIDE HOSPITAL , MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GROUPS 9
ON AN EXPENSE –INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR 10
CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE; AND 11
(2) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 12
HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS UNDER 13
CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE. 14
(C) (1) AN ENTITY SUBJECT TO THIS SECTION SHALL P ROVIDE 15
COVERAGE FOR AN ANNU AL BEHAVIORAL HEALTH WELLNESS VISIT , REGARDLESS 16
OF THE ASSESSMENT RE SULTING IN A BEHAVIO RAL HEALTH DIAGNOSIS . 17
(2) AN ENTITY SUBJECT TO THI S SECTION SHALL PROV IDE 18
REIMBURSEMENT FOR AN ANNUAL BEHAVIORAL HE ALTH WELLNESS VISIT ON THE 19
SAME BASIS AND AT TH E SAME RATE AS AN AS SESSMENT THAT RESULT S IN A 20
BEHAVIORAL HEALTH DI AGNOSIS. 21
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall apply to all 22
policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 23
after January 1, 2025. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
January 1, 2025. 26