Maryland 2025 Regular Session

Maryland House Bill HB11 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
44 [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.
85 *hb0011*
96
107 HOUSE BILL 11
118 J5, J4 5lr1407
12- (PRE–FILED) CF SB 902
13-By: Delegate Sample–Hughes Delegates Sample–Hughes, Alston, Bagnall ,
14-Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson,
15-Kaiser, Kerr, Kipke, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly,
16-Rosenberg, Szeliga, Taveras, White Holland, Woods, and Woorman
9+ (PRE–FILED) CF 5lr1408
10+By: Delegate Sample–Hughes
1711 Requested: October 18, 2024
1812 Introduced and read first time: January 8, 2025
1913 Assigned to: Health and Government Operations
20-Committee Report: Favorable with amendments
21-House action: Adopted
22-Read second time: February 22, 2025
2314
24-CHAPTER ______
15+A BILL ENTITLED
2516
2617 AN ACT concerning 1
2718
2819 Health Insurance – Access to Nonparticipating Providers – Referrals, Additional 2
2920 Assistance, and Coverage 3
3021
3122 FOR the purpose of repealing the termination date for certain provisions of law related to 4
3223 referrals to and reimbursement of specialists and nonphysician specialists who are 5
3324 not part of a carrier’s provider panel; requiring that a certain referral procedure 6
3425 required to be established and implemented by certain insurers, nonprofit health 7
3526 service plans, and health maintenance organizations require the carrier to provide 8
3627 certain assistance to a member in identifying and arranging coverage for a specialist 9
37-or nonphysician specialist for treatment of a mental health or substance use disorder 10
28+or nonphysician specialist for treatment of mental health or substance use disorder 10
3829 services; prohibiting certain carriers from imposing prior authorization 11
3930 requirements for scheduling, reimbursing, or continuing an established treatment 12
40-plan by certain nonparticipating providers utilization review requirements other 13
41-than what would be required if the covered benefit was provided by a provider on the 14
42-carrier’s provider panel under certain circumstances; requiring the Maryland Health 15
43-Care Commission to establish certain reimbursement rates for nonparticipating 16
44-providers; and generally relating to access to nonparticipating providers. 17
31+plan by certain nonparticipating providers; requiring the Maryland Health Care 13
32+Commission to establish certain reimbursement rates for nonparticipating 14
33+providers; and generally relating to access to nonparticipating providers. 15
4534
46-BY repealing and reenacting, without amendments, 18
47- Article – Insurance 19
48-Section 15–830(a) 20 2 HOUSE BILL 11
35+BY repealing and reenacting, without amendments, 16
36+ Article – Insurance 17
37+Section 15–830(a) 18
38+ Annotated Code of Maryland 19
39+ (2017 Replacement Volume and 2024 Supplement) 20
40+
41+BY repealing and reenacting, with amendments, 21
42+ Article – Insurance 22
43+Section 15–830(d) and (e) 23
44+ Annotated Code of Maryland 24
45+ (2017 Replacement Volume and 2024 Supplement) 25
46+
47+BY repealing and reenacting, with amendments, 26
48+ Chapter 271 of the Acts of the General Assembly of 2022 27 2 HOUSE BILL 11
4949
5050
51- Annotated Code of Maryland 1
52- (2017 Replacement Volume and 2024 Supplement) 2
51+ Section 4 1
5352
54-BY repealing and reenacting, with amendments, 3
55- Article – Insurance 4
56-Section 15–830(d) and (e) 5
57- Annotated Code of Maryland 6
58- (2017 Replacement Volume and 2024 Supplement) 7
53+BY repealing and reenacting, with amendments, 2
54+ Chapter 272 of the Acts of the General Assembly of 2022 3
55+ Section 4 4
5956
60-BY repealing and reenacting, with amendments, 8
61- Chapter 271 of the Acts of the General Assembly of 2022 9
62- Section 4 10
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
58+That the Laws of Maryland read as follows: 6
6359
64-BY repealing and reenacting, with amendments, 11
65- Chapter 272 of the Acts of the General Assembly of 2022 12
66- Section 4 13
60+Article – Insurance 7
6761
68- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
69-That the Laws of Maryland read as follows: 15
62+15–830. 8
7063
71-Article – Insurance 16
64+ (a) (1) In this section the following words have the meanings indicated. 9
7265
73-15–830. 17
66+ (2) “Carrier” means: 10
7467
75- (a) (1) In this section the following words have the meanings indicated. 18
68+ (i) an insurer that offers health insurance other than long–term 11
69+care insurance or disability insurance; 12
7670
77- (2) “Carrier” means: 19
71+ (ii) a nonprofit health service plan; 13
7872
79- (i) an insurer that offers health insurance other than long–term 20
80-care insurance or disability insurance; 21
73+ (iii) a health maintenance organization; 14
8174
82- (ii) a nonprofit health service plan; 22
75+ (iv) a dental plan organization; or 15
8376
84- (iii) a health maintenance organization; 23
77+ (v) except for a managed care organization as defined in Title 15, 16
78+Subtitle 1 of the Health – General Article, any other person that provides health benefit 17
79+plans subject to State regulation. 18
8580
86- (iv) a dental plan organization; or 24
81+ (3) (i) “Member” means an individual entitled to health care benefits 19
82+under a policy or plan issued or delivered in the State by a carrier. 20
8783
88- (v) except for a managed care organization as defined in Title 15, 25
89-Subtitle 1 of the Health – General Article, any other person that provides health benefit 26
90-plans subject to State regulation. 27
84+ (ii) “Member” includes a subscriber. 21
9185
92- (3) (i) “Member” means an individual entitled to health care benefits 28
93-under a policy or plan issued or delivered in the State by a carrier. 29
86+ (4) “Nonphysician specialist” means a health care provider: 22
9487
95- (ii) “Member” includes a subscriber. 30
88+ (i) 1. who is not a physician; 23
9689
97- (4) “Nonphysician specialist” means a health care provider: 31 HOUSE BILL 11 3
90+ 2. who is licensed or certified under the Health Occupations 24
91+Article; and 25
92+
93+ 3. who is certified or trained to treat or provide health care 26
94+services for a specified condition or disease in a manner that is within the scope of the 27
95+license or certification of the health care provider; or 28
96+ HOUSE BILL 11 3
9897
9998
99+ (ii) that is licensed as a behavioral health program under § 7.5–401 1
100+of the Health – General Article. 2
100101
101- (i) 1. who is not a physician; 1
102+ (5) (i) “Provider panel” means the providers that contract with a carrier 3
103+either directly or through a subcontracting entity to provide health care services to 4
104+enrollees of the carrier. 5
102105
103- 2. who is licensed or certified under the Health Occupations 2
104-Article; and 3
106+ (ii) “Provider panel” does not include an arrangement in which any 6
107+provider may participate solely by contracting with the carrier to provide health care 7
108+services at a discounted fee–for–service rate. 8
105109
106- 3. who is certified or trained to treat or provide health care 4
107-services for a specified condition or disease in a manner that is within the scope of the 5
108-license or certification of the health care provider; or 6
110+ (6) “Specialist” means a physician who is certified or trained to practice in 9
111+a specified field of medicine and who is not designated as a primary care provider by the 10
112+carrier. 11
109113
110- (ii) that is licensed as a behavioral health program under § 7.5–401 7
111-of the Health – General Article. 8
114+ (d) (1) Each carrier shall establish and implement a procedure by which a 12
115+member may request a referral to a specialist or nonphysician specialist who is not part of 13
116+the carrier’s provider panel in accordance with this subsection. 14
112117
113- (5) (i) “Provider panel” means the providers that contract with a carrier 9
114-either directly or through a subcontracting entity to provide health care services to 10
115-enrollees of the carrier. 11
118+ (2) The procedure shall provide for a referral to a specialist or nonphysician 15
119+specialist who is not part of the carrier’s provider panel if: 16
116120
117- (ii) “Provider panel” does not include an arrangement in which any 12
118-provider may participate solely by contracting with the carrier to provide health care 13
119-services at a discounted fee–for–service rate. 14
121+ (i) the member is diagnosed with OR SEEKING CARE FOR a 17
122+condition or disease that requires specialized health care services or medical care; and 18
120123
121- (6) “Specialist” means a physician who is certified or trained to practice in 15
122-a specified field of medicine and who is not designated as a primary care provider by the 16
123-carrier. 17
124+ (ii) 1. the carrier does not have in its provider panel a specialist 19
125+or nonphysician specialist with the professional training and expertise to treat or provide 20
126+health care services for the condition or disease; or 21
124127
125- (d) (1) Each carrier shall establish and implement a procedure by which a 18
126-member may request a referral to a specialist or nonphysician specialist who is not part of 19
127-the carrier’s provider panel in accordance with this subsection. 20
128+ 2. the carrier cannot provide reasonable access to a specialist 22
129+or nonphysician specialist with the professional training and expertise to treat or provide 23
130+health care services for the condition or disease [without unreasonable delay or travel] 24
131+WITHIN THE REASONABLE APPOINTME NT WAITING TIME AND TRAVEL DISTANCE 25
132+STANDARDS ESTABLISHE D IN REGULATION . 26
128133
129- (2) The procedure shall provide for a referral to a specialist or nonphysician 21
130-specialist who is not part of the carrier’s provider panel if: 22
134+ (3) The procedure shall ensure that a request to obtain a referral to a 27
135+specialist or nonphysician specialist who is not part of the carrier’s provider panel is 28
136+addressed in a timely manner that is: 29
131137
132- (i) 1. the member is diagnosed with OR SEEKING CARE FOR a 23
133-condition or disease that requires specialized health care services or medical care; and 24
138+ (i) appropriate for the member’s condition; and 30
134139
135- (ii) 1. 2. A. the carrier does not have in its provider panel a 25
136-specialist or nonphysician specialist with the professional training and expertise to treat or 26
137-provide health care services for the condition or disease; or 27
140+ (ii) in accordance with t he timeliness requirements for 31
141+determinations made by private review agents under § 15–10B–06 of this title. 32
138142
139- 2. B. the carrier cannot provide reasonable access to a specialist 28
140-or nonphysician specialist with the professional training and expertise to treat or provide 29
141-health care services for the condition or disease [without unreasonable delay or travel], 30
142-INCLUDING WITHIN THE REASONABL E APPOINTMENT WAITIN G TIME AND TRAVEL 31
143-DISTANCE STANDARDS E STABLISHED IN REGULAT ION FOR MENTAL HEALTH AN D 32
144-SUBSTANCE USE DISORD ER SERVICES; OR 33
145- 4 HOUSE BILL 11
143+ (4) IF A MEMBER CANNOT ACCESS MENTAL HEALTH OR SUB STANCE 33
144+USE DISORDER SERVICE S THROUGH THE REFERRAL REQUIREMENTS UNDER 34 4 HOUSE BILL 11
146145
147146
148- (II) 1. THE MEMBER IS SEEKIN G MENTAL HEALTH OR 1
149-SUBSTANCE USE DISORD ER CARE; AND 2
147+PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE PROCEDURE SHALL REQUIRE 1
148+THE CARRIER TO PROVI DE ADDITIONAL ASSISTANC E TO THE MEMBER IN 2
149+IDENTIFYING AND ARRA NGING COVERAGE OF MENTAL HEALTH OR SUB STANCE USE 3
150+DISORDER SERV ICES BY A SPECIALIST OR NONP HYSICIAN SPECIALIST WHO IS NOT 4
151+PART OF THE CARRIER ’S PROVIDER PANEL . 5
150152
151- 2. THE CARRIER CANNOT P ROVIDE REASONABLE 3
152-ACCESS TO A SPECIALI ST OR NONPHYSICIAN S PECIALIST WITHIN THE RE ASONABLE 4
153-APPOINTMENT WAITING TIME AND TRAVEL DIST ANCE STANDARDS ESTAB LISHED IN 5
154-REGULATION FOR MENTA L HEALTH AND SUBSTAN CE USE DISORDER SERV ICES. 6
153+ (5) THE PROCEDURE MAY NOT REQUIRE PRIOR AUTHOR IZATION FOR 6
154+PURPOSES OF: 7
155155
156- (3) The procedure shall ensure that a request to obtain a referral to a 7
157-specialist or nonphysician specialist who is not part of the carrier’s provider panel is 8
158-addressed in a timely manner that is: 9
156+ (I) SCHEDULING AN APPOINTMENT WITH A SPECIALIST OR 8
157+NONPHYSICIAN SPECIAL IST WHO IS NOT PART OF THE C ARRIER’S PROVIDER PANEL ; 9
159158
160- (i) appropriate for the member’s condition; and 10
159+ (II) REIMBURSING A SPECIALIST OR NONPHYSICIAN SPEC IALIST 10
160+WHO IS NOT PART OF THE C ARRIER’S PROVIDER PANEL ; OR 11
161161
162- (ii) in accordance with the timeliness requirements for 11
163-determinations made by private review agents under § 15–10B–06 of this title. 12
162+ (III) CONTINUING AN ESTABLISHED TREAT MENT PLAN WITH A 12
163+SPECIALIST OR NONPHY SICIAN SPECIALIST WHO IS NOT PART OF THE C ARRIER’S 13
164+PROVIDER PANEL . 14
164165
165- (4) IF A MEMBER CANNOT AC CESS MENTAL HEALTH O R SUBSTANCE 13
166-USE DISORDER SERVICE S THROUGH THE REFERR AL REQUIREMENTS UNDE R 14
167-PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE PROCEDURE SHALL REQUIRE 15
168-THE CARRIER TO P ROVIDE ADDITIONAL AS SISTANCE TO THE MEMB ER IN 16
169-IDENTIFYING AND ARRA NGING COVERAGE OF ME NTAL HEALTH OR SUBST ANCE USE 17
170-DISORDER SERVICES BY A SPECIALIST OR NONP HYSICIAN SPECIALIST WHO IS NOT 18
171-PART OF THE CARRIER ’S PROVIDER PANEL . 19
166+ [(4)] (6) The procedure may not be used by a carrier as a substitute for 15
167+establishing and maintaining a sufficient provider network in accordance with § 15–112 of 16
168+this title. 17
172169
173- (5) THE PROCEDURE MAY NOT REQUIRE PRIOR AUTHORI ZATION FOR 20
174-PURPOSES OF: 21
170+ [(5)] (7) Each carrier shall: 18
175171
176- (I) SCHEDULING AN APPOIN TMENT WITH A SPECIAL IST OR 22
177-NONPHYSICIAN SPECIAL IST WHO IS NOT PART OF THE CARRIER ’S PROVIDER PANEL ; 23
172+ (i) have a system in place that documents all requests to obtain a 19
173+referral to receive a covered service from a specialist or nonphysician specialist who is not 20
174+part of the carrier’s provider panel; 21
178175
179- (II) REIMBURSING A SPECIA LIST OR NONPHYSICIAN SPECIALIST 24
180-WHO IS NOT PART OF T HE CARRIER’S PROVIDER PANEL ; OR 25
176+ (ii) inform members of the procedure to request a referral under 22
177+paragraph (1) of this subsection; and 23
181178
182- (III) CONTINUING AN ESTABL ISHED TREATMENT PLAN WITH A 26
183-SPECIALIST OR NONPHY SICIAN SPECIALIST WH O IS NOT PART OF THE CARRIER’S 27
184-PROVIDER PANEL IF A CARRIER APPROVES A MEMBER’S REQUEST FOR A REFE RRAL 28
185-MADE IN ACCORDANCE W ITH THIS SUBSECTION, THE CARRIER MAY NOT REQUIRE 29
186-UTILIZATION REVIEW O THER THAN WHAT WOULD BE REQUIRED IF THE C OVERED 30
187-BENEFIT WERE PROVIDE D BY A PROVIDER ON T HE CARRIER’S PROVIDER PANEL . 31
179+ (iii) provide the information documented under item (i) of this 24
180+paragraph to the Commissioner on request. 25
188181
189- [(4)] (6) The procedure may not be used by a carrier as a substitute for 32
190-establishing and maintaining a sufficient provider network in accordance with § 15–112 of 33
191-this title. 34
182+ (e) (1) Except as provided in paragraph (2) of this subsection, for purposes of 26
183+calculating any deductible, copayment amount, or coinsurance payable by the member, a 27
184+carrier shall treat services received in accordance with subsection (d) of this section as if 28
185+the service was provided by a provider on the carrier’s provider panel. 29
186+
187+ (2) A carrier shall ensure that services received in accordance with 30
188+subsection (d) of this section for mental health or substance use disorders are provided FOR 31
189+THE DURATION OF THE TREATMENT PLAN at no greater cost to the covered individual 32
190+than if the covered benefit were provided by a provider on the carrier’s provider panel. 33
192191 HOUSE BILL 11 5
193192
194193
195- [(5)] (7) Each carrier shall: 1
194+ (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AND 1
195+NOT LATER THAN JANUARY 1, 2026, THE MARYLAND HEALTH CARE COMMISSION 2
196+SHALL ESTABLISH A RE IMBURSEMENT FORMULA TO DETERMINE T HE 3
197+REIMBURSEMENT RATE F OR NONPARTICIPATING PROVIDERS WHO DELIVER 4
198+SERVICES UNDER PARAGRAPH (2) OF THIS SUBSECTION . 5
196199
197- (i) have a system in place that documents all requests to obtain a 2
198-referral to receive a covered service from a specialist or nonphysician specialist who is not 3
199-part of the carrier’s provider panel; 4
200+ (II) THE MARYLAND HEALTH CARE COMMISSION SHALL HOLD 6
201+PUBLIC MEETINGS WITH CARRIERS, MENTAL HEALTH AND SU BSTANCE USE 7
202+DISORDER PROVIDERS , CONSUMERS OF MENTAL HEALTH AND SUBSTANCE USE 8
203+DISORDER SERVICES , AND OTHER INTERESTED PARTIES TO DETERMINE THE 9
204+REIMBURSEMENT FO RMULA. 10
200205
201- (ii) inform members of the procedure to request a referral under 5
202-paragraph (1) of this subsection; and 6
206+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
207+as follows: 12
203208
204- (iii) provide the information documented under item (i) of this 7
205-paragraph to the Commissioner on request. 8
209+Chapter 271 of the Acts of 2022 13
206210
207- (e) (1) Except as provided in paragraph (2) of this subsection, for purposes of 9
208-calculating any deductible, copayment amount, or coinsurance payable by the member, a 10
209-carrier shall treat services received in accordance with subsection (d) of this section as if 11
210-the service was provided by a provider on the carrier’s provider panel. 12
211+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
212+1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 15
213+this Act, with no further action required by the General Assembly, shall be abrogated and 16
214+of no further force and effect.] 17
211215
212- (2) A carrier shall ensure that services received in accordance with 13
213-subsection (d) of this section for mental health or substance use disorders are provided FOR 14
214-THE DURATION OF THE TREATMENT PLAN at no greater cost to the covered individual 15
215-than if the covered benefit were provided by a provider on the carrier’s provider panel. 16
216+Chapter 272 of the Acts of 2022 18
216217
217- (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AND 17
218-NOT LATER THAN JANUARY 1, 2026, THE MARYLAND HEALTH CARE COMMISSION 18
219-SHALL ESTABLISH A RE IMBURSEMENT FORMULA TO DETERMINE THE 19
220-REIMBURSEMENT RATE F OR NONPARTICIPATING PROVIDERS WHO DELIVE R 20
221-SERVICES UNDER PARAG RAPH (2) OF THIS SUBSECTION . 21
218+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
219+1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 20
220+this Act, with no further action required by the General Assembly, shall be abrogated and 21
221+of no further force and effect.] 22
222222
223- (II) THE MARYLAND HEALTH CARE COMMISSION SHALL HOLD 22
224-PUBLIC MEETINGS WITH CARRIERS, MENTAL HEALTH AND SU BSTANCE USE 23
225-DISORDER PROVIDERS , CONSUMERS OF MENTAL HEALTH AND SUBSTANCE USE 24
226-DISORDER SERVICES , AND OTHER INTERESTED PARTIES TO DETERMINE THE 25
227-REIMBURSEMENT FORMUL A. 26
223+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 23
224+apply to all policies, contracts, and health benefit plans issued, delivered, or renewed in the 24
225+State on or after January 1, 2026. 25
228226
229- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
230-as follows: 28
227+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 26
228+effect January 1, 2026. 27
231229
232-Chapter 271 of the Acts of 2022 29
233-
234- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
235-1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 31
236-this Act, with no further action required by the General Assembly, shall be abrogated and 32
237-of no further force and effect.] 33
238-
239-Chapter 272 of the Acts of 2022 34
240- 6 HOUSE BILL 11
241-
242-
243- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
244-1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 2
245-this Act, with no further action required by the General Assembly, shall be abrogated and 3
246-of no further force and effect.] 4
247-
248- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 5
249-apply to all policies, contracts, and health benefit plans issued, delivered, or renewed in the 6
250-State on or after January 1, 2026. 7
251-
252- SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 8
253-effect January 1, 2026. 9
254-
255- SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 10
256-4 of this Act, this Act shall take effect June 1, 2025. 11
257-
258-
259-
260-
261-Approved:
262-________________________________________________________________________________
263- Governor.
264-________________________________________________________________________________
265- Speaker of the House of Delegates.
266-________________________________________________________________________________
267- President of the Senate.
230+ SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 28
231+4 of this Act, this Act shall take effect June 1, 2025. 29