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.
Italics indicate opposite chamber/conference committee amendments.
*sb0594*
SENATE BILL 594
J1 (4lr2165)
ENROLLED BILL
— Finance/Health and Government Operations —
Introduced by Senator Hershey
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Maryland Medical Assistance Program – Coverage for the Treatment of Obesity 2
– Required Study 3
FOR the purpose of requiring the Maryland Department of Health to study the impact of 4
requiring the Maryland Medical Assistance Program to provide comprehensive 5
coverage for the treatment of obesity; and generally relating to a study of coverage 6
for the treatment of obesity. requiring, beginning on a certain date, the Maryland 7
Medical Assistance Program to provide comprehensive coverage for the treatment of 8
obesity; requiring the Maryland Department of Health to provide notice to Program 9
recipients of the coverage requirements; and generally relating to the Maryland 10
Medical Assistance Program and coverage for the treatment of obesity. 11
BY repealing and reenacting, without amendments, 12
Article – Health – General 13
Section 15–103(a)(1) 14 2 SENATE BILL 594
Annotated Code of Maryland 1
(2023 Replacement Volume) 2
BY repealing and reenacting, with amendments, 3
Article – Health – General 4
Section 15–103(a)(2)(xxi) and (xxii) 5
Annotated Code of Maryland 6
(2023 Replacement Volume) 7
(As enacted by Chapters 504 and 505 of the Acts of the General Assembly of 2022) 8
BY adding to 9
Article – Health – General 10
Section 15–103(a)(2)(xxiii) and 15–155 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That: 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Comprehensive coverage for the treatment of obesity” includes 17
coverage for intensive behavioral therapy, bariatric surgery, and FDA –approved 18
antiobesity medication. 19
(3) “FDA–approved antiobesity medication” means any medicat ion 20
approved by the federal Food and Drug Administration with an indication for chronic 21
weight management in patients with obesity. 22
(b) The Maryland Department of Health , in consultation with relevant 23
stakeholders, including representatives of the American Board of Obesity Medicine, the 24
Johns Hopkins University School of Medicine, and the University of Maryland School of 25
Medicine, shall study the impact of requiring the Maryland Medical Assistance Program to 26
provide comprehensive coverage for the treatment of obesity. 27
(c) In conducting the study, the Department shall: 28
(1) identify and compare the coverage for the treatment of obesity under 29
medical assistance programs and other public health programs in other states; and 30
(2) examine and estimate any potential savings that may result from 31
requiring comprehensive coverage for the treatment of obesity due to reductions in the use 32
of medications and services currently covered under the Maryland Medical Assistance 33
Program, including reductions in costs from weight–related comorbidities including 34
cardiovascular disease, hypertension, sleep apnea, depression, asthma, nonalcoholic fatty 35
liver disease, Type 2 diabetes, knee and hip osteoarthritis, and gout. 36
SENATE BILL 594 3
(d) On or before December 31, 2024, the Maryland Department of Health shall 1
report its findings to the House Health and Government Operations Committee and the 2
Senate Finance Committee, in accordance with § 2–1257 of the State Government Article. 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Health – General 6
15–103. 7
(a) (1) The Secretary shall administer the Maryland Medical Assistance 8
Program. 9
(2) The Program: 10
(xxi) Beginning on January 1, 2024, shall provide gender–affirming 11
treatment in accordance with § 15–151 of this subtitle; [and] 12
(xxii) Beginning on July 1, 2025, shall provide, subject to the 13
limitations of the State budget, and as permitted by federal law, coverage for biomarker 14
testing in accordance with § 15–859 of the Insurance Article; AND 15
(XXIII) BEGINNING ON JULY 1, 2025, SHALL PROVIDE 16
COMPREHENSIVE COVERA GE FOR THE TREATMENT OF OBESITY IN ACCORD ANCE 17
WITH § 15–155 OF THIS SUBTITLE . 18
15–155. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “COMPREHENSIVE COVERAG E FOR THE TREATMENT OF OBESITY” 22
INCLUDES COVERAGE FO R INTENSIVE BEHAVIOR AL THERAPY, BARIATRIC SURGERY , 23
AND FDA–APPROVED ANTIOBESITY MEDICATION. 24
(3) “FDA–APPROVED ANTIOBESITY MEDICATION” MEANS ANY 25
MEDICATION APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION WITH 26
AN INDICATION FOR CH RONIC WEIGHT MANAGEM ENT IN PATIENTS WITH OBESITY. 27
(B) THE PROGRAM SHALL PROVIDE COMPREHENSIVE COVERA GE FOR THE 28
TREATMENT O F OBESITY. 29
(C) COVERAGE CRITERIA FOR FDA–APPROVED ANTIOBESITY 30
MEDICATIONS PROVIDED UNDER THIS SECTION M AY NOT BE MORE RESTR ICTIVE 31 4 SENATE BILL 594
THAN THE FDA–APPROVED ANTIOBESITY MEDICATION’S INDICATIONS FOR 1
TREATMENT . 2
(D) THE PROGRAM MAY UNDERTAKE UTILIZATION MANAGEMENT TO 3
DETERMINE THE MEDICA L NECESSITY AND APPR OPRIATENESS FOR TREA TMENT OF 4
OBESITY UNDER THIS S ECTION IF THE DETERM INATIONS ARE MADE IN THE SAME 5
MANNER AS DETERMINAT IONS ARE MADE FOR TH E TREATMENT OF ANY O THER 6
ILLNESS, CONDITION, OR DISORDER COVERE D BY THE PROGRAM. 7
(E) THE DEPARTMENT SHALL PROV IDE NOTICE TO PROGRAM RECIPIENTS 8
OF THE COVERAGE REQU IRED UNDER THIS SECT ION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2025, 10
the Maryland Department of Health shall provide notice to Maryland Medical Assistance 11
Program recipients of the coverage required by this Act in writing, and prominently 12
positioned in any literature or correspondence sent to Program recipients about coverage 13
available under the Program in calendar year 2025. 14
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October July 1, 2024. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.