Maryland 2024 Regular Session

Maryland Senate Bill SB594 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 778
2	1
3		-	– 1 –
4		-	Chapter 778
5		-	(Senate Bill 594)
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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0594
8	10
9		-	Maryland Medical Assistance Program – Coverage for the Treatment of Obesity
10		-	– Required Study
	11	+	SENATE BILL 594
	12	+	J1 (4lr2165)
	13	+	ENROLLED BILL
	14	+	— Finance/Health and Government Operations —
	15	+	Introduced by Senator Hershey
11	16
12		-	FOR the purpose of requiring the Maryland Department of Health to study the impact of
13		-	requiring the Maryland Medical Assistance Program to provide comprehensive
14		-	coverage for the treatment of obesity; and generally relating to a study of coverage
15		-	for the treatment of obesity. requiring, beginning on a certain date, the Maryland
16		-	Medical Assistance Program to provide comprehensive coverage for the treatment of
17		-	obesity; requiring the Maryland Department of Health to provide notice to Program
18		-	recipients of the coverage requirements; and generally relating to the Maryland
19		-	Medical Assistance Program and coverage for the treatment of obesity.
	17	+	Read and Examined by Proofreaders:
20	18
21		-	BY repealing and reenacting, without amendments,
22		-	Article – Health – General
23		-	Section 15–103(a)(1)
24		-	Annotated Code of Maryland
25		-	(2023 Replacement Volume)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
26	23
27		-	BY repealing and reenacting, with amendments,
28		-	Article – Health – General
29		-	Section 15–103(a)(2)(xxi) and (xxii)
30		-	Annotated Code of Maryland
31		-	(2023 Replacement Volume)
32		-	(As enacted by Chapters 504 and 505 of the Acts of the General Assembly of 2022)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
33	25
34		-	BY adding to
35		-	Article – Health – General
36		-	Section 15–103(a)(2)(xxiii) and 15–155
37		-	Annotated Code of Maryland
38		-	(2023 Replacement Volume)
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
39	27
40		-	~~SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
41		-	~~That:~~
	28	+	______________________________________________
	29	+	President.
42	30
43		-	~~(a) (1) In this section the following words have the meanings indicated.~~
	31	+	CHAPTER ______
44	32
45		-	(2) “Comprehensive coverage for the treatment of obesity” includes
46		-	coverage for intensive behavioral therapy, bariatric surgery, and FDA –approved
47		-	antiobesity medication.
48		-	Ch. 778 2024 LAWS OF MARYLAND
	33	+	AN ACT concerning 1
49	34
50		-	– 2 –
51		-	(3) “FDA–approved antiobesity medication” means any medicati on
52		-	approved by the federal Food and Drug Administration with an indication for chronic
53		-	weight management in patients with obesity.
	35	+	Maryland Medical Assistance Program – Coverage for the Treatment of Obesity 2
	36	+	– Required Study 3
54	37
55		-	(b) The Maryland Department of Health , in consultation with relevant
56		-	stakeholders, including representatives of the American Board of Obesity Medicine, the
57		-	Johns Hopkins University School of Medicine, and the University of Maryland School of
58		-	Medicine, shall study the impact of requiring the Maryland Medical Assistance Program to
59		-	provide comprehensive coverage for the treatment of obesity.
	38	+	FOR the purpose of requiring the Maryland Department of Health to study the impact of 4
	39	+	requiring the Maryland Medical Assistance Program to provide comprehensive 5
	40	+	coverage for the treatment of obesity; and generally relating to a study of coverage 6
	41	+	for the treatment of obesity. requiring, beginning on a certain date, the Maryland 7
	42	+	Medical Assistance Program to provide comprehensive coverage for the treatment of 8
	43	+	obesity; requiring the Maryland Department of Health to provide notice to Program 9
	44	+	recipients of the coverage requirements; and generally relating to the Maryland 10
	45	+	Medical Assistance Program and coverage for the treatment of obesity. 11
60	46
61		-	(c) In conducting the study, the Department shall:
	47	+	BY repealing and reenacting, without amendments, 12
	48	+	Article – Health – General 13
	49	+	Section 15–103(a)(1) 14 2 SENATE BILL 594
62	50
63		-	(1) identify and compare the coverage for the treatment of obesity under
64		-	medical assistance programs and other public health programs in other states; and
65	51
66		-	(2) examine and estimate any potential savings that may result from
67		-	requiring comprehensive coverage for the treatment of obesity due to reductions in the use
68		-	of medications and services currently covered under the Maryland Medical Assistance
69		-	Program, including reductions in costs from weight–related comorbidities including
70		-	cardiovascular disease, hypertension, sleep apnea, depression, asthma, nonalcoholic fatty
71		-	liver disease, Type 2 diabetes, knee and hip osteoarthritis, and gout.
	52	+	Annotated Code of Maryland 1
	53	+	(2023 Replacement Volume) 2
72	54
73		-	(d) On or before December 31, 2024, the Maryland Department of Health shall
74		-	report its findings to the House Health and Government Operations Committee and the
75		-	Senate Finance Committee, in accordance with § 2–1257 of the State Government Article.
	55	+	BY repealing and reenacting, with amendments, 3
	56	+	Article – Health – General 4
	57	+	Section 15–103(a)(2)(xxi) and (xxii) 5
	58	+	Annotated Code of Maryland 6
	59	+	(2023 Replacement Volume) 7
	60	+	(As enacted by Chapters 504 and 505 of the Acts of the General Assembly of 2022) 8
76	61
77		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
78		-	That the Laws of Maryland read as follows:
	62	+	BY adding to 9
	63	+	Article – Health – General 10
	64	+	Section 15–103(a)(2)(xxiii) and 15–155 11
	65	+	Annotated Code of Maryland 12
	66	+	(2023 Replacement Volume) 13
79	67
80		-	Article – Health – General
	68	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	69	+	That: 15
81	70
82		-	~~15–103~~.
	71	+	(a) (1) In this section the following words have the meanings indicated. 16
83	72
84		-	(a) (1) The Secretary shall administer the Maryland Medical Assistance
85		-	Program.
	73	+	(2) “Comprehensive coverage for the treatment of obesity” includes 17
	74	+	coverage for intensive behavioral therapy, bariatric surgery, and FDA –approved 18
	75	+	antiobesity medication. 19
86	76
87		-	(2) The Program:
	77	+	(3) “FDA–approved antiobesity medication” means any medicat ion 20
	78	+	approved by the federal Food and Drug Administration with an indication for chronic 21
	79	+	weight management in patients with obesity. 22
88	80
89		-	(xxi) Beginning on January 1, 2024, shall provide gender–affirming
90		-	treatment in accordance with § 15–151 of this subtitle; [and]
	81	+	(b) The Maryland Department of Health , in consultation with relevant 23
	82	+	stakeholders, including representatives of the American Board of Obesity Medicine, the 24
	83	+	Johns Hopkins University School of Medicine, and the University of Maryland School of 25
	84	+	Medicine, shall study the impact of requiring the Maryland Medical Assistance Program to 26
	85	+	provide comprehensive coverage for the treatment of obesity. 27
91	86
92		-	(xxii) Beginning on July 1, 2025, shall provide, subject to the
93		-	limitations of the State budget, and as permitted by federal law, coverage for biomarker
94		-	testing in accordance with § 15–859 of the Insurance Article; AND
95		-	WES MOORE, Governor Ch. 778
	87	+	(c) In conducting the study, the Department shall: 28
96	88
97		-	– 3 –
98		-	(XXIII) BEGINNING ON JULY 1, 2025, SHALL PROVIDE
99		-	COMPREHENSIVE COVERA GE FOR THE TREATMENT OF OBESITY IN ACCORD ANCE
100		-	WITH § 15–155 OF THIS SUBTITLE .
	89	+	(1) identify and compare the coverage for the treatment of obesity under 29
	90	+	medical assistance programs and other public health programs in other states; and 30
101	91
102		-	15–155.
	92	+	(2) examine and estimate any potential savings that may result from 31
	93	+	requiring comprehensive coverage for the treatment of obesity due to reductions in the use 32
	94	+	of medications and services currently covered under the Maryland Medical Assistance 33
	95	+	Program, including reductions in costs from weight–related comorbidities including 34
	96	+	cardiovascular disease, hypertension, sleep apnea, depression, asthma, nonalcoholic fatty 35
	97	+	liver disease, Type 2 diabetes, knee and hip osteoarthritis, and gout. 36
	98	+	SENATE BILL 594 3
103	99
104		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
105		-	INDICATED.
106	100
107		-	(2) ~~“COMPREHENSIVE COVERAG E FOR~~ THE ~~TREATMENT~~ OF ~~OBESITY”~~
108		-	~~INCLUDES COVERAGE FO R INTENSIVE BEHAVIOR AL THERAPY,~~ ~~BARIATRIC SURGERY ,~~
109		-	~~AND FDA~~–~~APPROVED ANTIOBESITY MEDICATION~~.
	101	+	(d) On or before December 31, 2024, the Maryland Department of Health shall 1
	102	+	report its findings to the House Health and Government Operations Committee and the 2
	103	+	Senate Finance Committee, in accordance with § 2–1257 of the State Government Article. 3
110	104
111		-	(3) “FDA–APPROVED ANTIOBESITY MEDICATION” MEANS ANY
112		-	MEDICATION APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION WITH
113		-	AN INDICATION FOR CH RONIC WEIGHT MANAGEM ENT IN PATIENTS WITH OBESITY.
	105	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	106	+	That the Laws of Maryland read as follows: 5
114	107
115		-	(B) THE PROGRAM SHALL PROVIDE COMPREHENSIVE COVERA GE FOR THE
116		-	TREATMENT O F OBESITY.
	108	+	Article – Health – General 6
117	109
118		-	(C) COVERAGE CRITERIA FOR FDA–APPROVED ANTIOBESITY
119		-	MEDICATIONS PROVIDED UNDER THIS SECTION M AY NOT BE MORE RESTR ICTIVE
120		-	THAN THE FDA–APPROVED ANTIOBESITY MEDICATION’S INDICATIONS FOR
121		-	TREATMENT .
	110	+	15–103. 7
122	111
123		-	(D) THE PROGRAM MAY UNDERTAKE UTILIZATION MANAGEMENT TO
124		-	DETERMINE THE MEDICA L NECESSITY AND APPR OPRIATENESS FOR TREA TMENT OF
125		-	OBESITY UNDER THIS S ECTION IF THE DETERM INATIONS ARE MADE IN THE SAME
126		-	MANNER AS DETERMINAT IONS ARE MADE FOR TH E TREATMENT OF ANY O THER
127		-	ILLNESS, CONDITION, OR DISORDER COVERE D BY THE PROGRAM.
	112	+	(a) (1) The Secretary shall administer the Maryland Medical Assistance 8
	113	+	Program. 9
128	114
129		-	(E) THE DEPARTMENT SHALL PROV IDE NOTICE TO PROGRAM RECIPIENTS
130		-	OF THE COVERAGE REQU IRED UNDER THIS SECT ION.
	115	+	(2) The Program: 10
131	116
132		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2025,
133		-	the Maryland Department of Health shall provide notice to Maryland Medical Assistance
134		-	Program recipients of the coverage required by this Act in writing, and prominently
135		-	positioned in any literature or correspondence sent to Program recipients about coverage
136		-	available under the Program in calendar year 2025.
	117	+	(xxi) Beginning on January 1, 2024, shall provide gender–affirming 11
	118	+	treatment in accordance with § 15–151 of this subtitle; [and] 12
137	119
138		-	SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
139		-	October July 1, 2024.
	120	+	(xxii) Beginning on July 1, 2025, shall provide, subject to the 13
	121	+	limitations of the State budget, and as permitted by federal law, coverage for biomarker 14
	122	+	testing in accordance with § 15–859 of the Insurance Article; AND 15
140	123
141		-	Approved by the Governor, May 16, 2024.
	124	+	(XXIII) BEGINNING ON JULY 1, 2025, SHALL PROVIDE 16
	125	+	COMPREHENSIVE COVERA GE FOR THE TREATMENT OF OBESITY IN ACCORD ANCE 17
	126	+	WITH § 15–155 OF THIS SUBTITLE . 18
	127	+
	128	+	15–155. 19
	129	+
	130	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
	131	+	INDICATED. 21
	132	+
	133	+	(2) “COMPREHENSIVE COVERAG E FOR THE TREATMENT OF OBESITY” 22
	134	+	INCLUDES COVERAGE FO R INTENSIVE BEHAVIOR AL THERAPY, BARIATRIC SURGERY , 23
	135	+	AND FDA–APPROVED ANTIOBESITY MEDICATION. 24
	136	+
	137	+	(3) “FDA–APPROVED ANTIOBESITY MEDICATION” MEANS ANY 25
	138	+	MEDICATION APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION WITH 26
	139	+	AN INDICATION FOR CH RONIC WEIGHT MANAGEM ENT IN PATIENTS WITH OBESITY. 27
	140	+
	141	+	(B) THE PROGRAM SHALL PROVIDE COMPREHENSIVE COVERA GE FOR THE 28
	142	+	TREATMENT O F OBESITY. 29
	143	+
	144	+	(C) COVERAGE CRITERIA FOR FDA–APPROVED ANTIOBESITY 30
	145	+	MEDICATIONS PROVIDED UNDER THIS SECTION M AY NOT BE MORE RESTR ICTIVE 31 4 SENATE BILL 594
	146	+
	147	+
	148	+	THAN THE FDA–APPROVED ANTIOBESITY MEDICATION’S INDICATIONS FOR 1
	149	+	TREATMENT . 2
	150	+
	151	+	(D) THE PROGRAM MAY UNDERTAKE UTILIZATION MANAGEMENT TO 3
	152	+	DETERMINE THE MEDICA L NECESSITY AND APPR OPRIATENESS FOR TREA TMENT OF 4
	153	+	OBESITY UNDER THIS S ECTION IF THE DETERM INATIONS ARE MADE IN THE SAME 5
	154	+	MANNER AS DETERMINAT IONS ARE MADE FOR TH E TREATMENT OF ANY O THER 6
	155	+	ILLNESS, CONDITION, OR DISORDER COVERE D BY THE PROGRAM. 7
	156	+
	157	+	(E) THE DEPARTMENT SHALL PROV IDE NOTICE TO PROGRAM RECIPIENTS 8
	158	+	OF THE COVERAGE REQU IRED UNDER THIS SECT ION. 9
	159	+
	160	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2025, 10
	161	+	the Maryland Department of Health shall provide notice to Maryland Medical Assistance 11
	162	+	Program recipients of the coverage required by this Act in writing, and prominently 12
	163	+	positioned in any literature or correspondence sent to Program recipients about coverage 13
	164	+	available under the Program in calendar year 2025. 14
	165	+
	166	+	SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	167	+	October July 1, 2024. 16
	168	+
	169	+
	170	+
	171	+	Approved:
	172	+	________________________________________________________________________________
	173	+	Governor.
	174	+	________________________________________________________________________________
	175	+	President of the Senate.
	176	+	________________________________________________________________________________
	177	+	Speaker of the House of Delegates.