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.
*hb0869*
HOUSE BILL 869
J5, J1 (5lr1874)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Delegates Pena–Melnyk, Bagnall, Cullison, Kerr, and Rosenberg
Rosenberg, Alston, Bhandari, Chisholm, Guzzone, Hill, Hutchinson,
S. Johnson, Kaiser, Kipke, Lopez, Martinez, M. Morgan, Reilly, Szeliga,
Taveras, White Holland, Woods, and Woorman
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 .
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Preserve Telehealth Access Act of 2025 2
FOR the purpose of repealing the limitation on the period during which certain audio–only 3
telephone conversations are included under the definition of “telehealth” for the 4
purpose of certain provisions of law relating to reimbursement and coverage of 5
telehealth by the Maryland Medical Assistance Program and certain insurers, 6
nonprofit health service plans, and health maintenance organizations; repealing the 7
limitation on the period during which the Program and certain insurers, nonprofit 8
health service plans, and health maintenance organizations are required to provide 9
reimbursement for certain health care services provided through telehealth on a 10
certain basis and at a certain rate; repealing the prohibition on altering the 11
circumstances under which health care practitioners prescribing are authorized to 12 2 HOUSE BILL 869
prescribe certain controlled dangerous substances for the treatment of pain through 1
telehealth; requiring the Maryland Health Care Commission to submit a certain 2
report regarding telehealth every certain number of years; and generally relating to 3
the provision, coverage, and reimbursement of health care services delivered through 4
telehealth. 5
BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 15–141.2(a)(7) and (g) 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2024 Supplement) 10
BY adding to 11
Article – Health – General 12
Section 19–108.6 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Health Occupations 17
Section 1–1003 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Insurance 22
Section 15–139(a) and (d) 23
Annotated Code of Maryland 24
(2017 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Insurance 27
Section 15–139(b) and (c) 28
Annotated Code of Maryland 29
(2017 Replacement Volume and 2024 Supplement) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Health – General 33
15–141.2. 34
(a) (7) (i) “Telehealth” means the delivery of medically necessary somatic, 35
dental, or behavioral health services to a patient at an originating site by a distant site 36
provider through the use of technology–assisted communication. 37
HOUSE BILL 869 3
(ii) “Telehealth” includes: 1
1. Synchronous and asynchronous interactions; 2
2. [From July 1, 2021, to June 30, 2025, both inclusive, an] 3
AN audio–only telephone conversation between a health care provider and a patient that 4
results in the delivery of a billable, covered health care service; and 5
3. Remote patient monitoring services. 6
(iii) “Telehealth” does not include the provision of health care 7
services solely through: 8
1. Except as provided in subparagraph (ii)2 of this 9
paragraph, an audio–only telephone conversation; 10
2. An e–mail message; or 11
3. A facsimile transmission. 12
(g) (1) Subject to paragraph (3) of this subsection, the Program shall 13
reimburse a health care provider for the diagnosis, consultation, and treatment of a 14
Program recipient for a health care service covered by the Program that can be 15
appropriately provided through telehealth. 16
(2) This subsection does not require the Program to reimburse a health 17
care provider for a health care service delivered in person or through telehealth that is: 18
(i) Not a covered health care service under the Program; or 19
(ii) Delivered by an out–of–network provider unless the health care 20
service is a self–referred service authorized under the Program. 21
(3) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 22
WHEN appropriately provided through telehealth, the Program shall provide 23
reimbursement in accordance with paragraph (1) of this subsection on the same basis and 24
the same rate as if the health care service were delivered by the health care provider in 25
person. 26
(ii) The reimbursement required under subparagraph (i) of this 27
paragraph does not include: 28
1. Clinic facility fees unless the health care service is 29
provided by a health care provider not authorized to bill a professional fee separately for 30
the health care service; or 31
4 HOUSE BILL 869
2. Any room and board fees. 1
19–108.6. 2
ON OR BEFORE DECEMBER 1 EVERY 4 YEARS, BEGINNING IN 2026, THE 3
COMMISSION SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 4
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 5
THAT INCLUDES : 6
(1) ADVANCES OR DEVELOPME NTS IN THE AREA OF T ELEHEALTH, 7
INCLUDING: 8
(I) EVOLVING MODALITIES O F TELEHEALTH DELIVER Y; AND 9
(II) CHANGES IN THE COSTS OF DELIVERING TELEHE ALTH 10
SERVICES; AND 11
(2) ANY FINDINGS OR RECOM MENDATIONS OF THE COMMISSION. 12
Article – Health Occupations 13
1–1003. 14
(a) A health care practitioner providing telehealth services shall: 15
(1) Be held to the same standards of practice that are applicable to 16
in–person health care settings; and 17
(2) If clinically appropriate for the patient, provide or refer a patient to 18
in–person health care services or another type of telehealth service. 19
(b) (1) A health care practitioner shall perform a clinical evaluation that is 20
appropriate for the patient and the condition with which the patient presents before 21
providing treatment or issuing a prescription through telehealth. 22
(2) A health care practitioner may use a synchronous telehealth interaction 23
or an asynchronous telehealth interaction to perform the clinical evaluation required under 24
paragraph (1) of this subsection. 25
(c) [(1) A health care practitioner may not prescribe an opiate described in the 26
list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment 27
of pain through telehealth, unless: 28
(i) The individual receiving the prescription is a patient in a health 29
care facility, as defined in § 19–114 of the Health – General Article; or 30
HOUSE BILL 869 5
(ii) The Governor has declared a state of emergency due to a 1
catastrophic health emergency; OR 2
(III) THERE IS AN ESTABLISH ED BONA FIDE 3
PRACTITIONER –PATIENT RELATIONSHIP IN WHICH THE HEALTH CARE 4
PRACTITIONER HAS ONG OING RESPONSIBILITY FOR THE ASSESSMENT , CARE, AND 5
TREATMENT OF THE PAT IENT AND THE HEALTH CARE PRACTITIONER , OR ANOTHER 6
HEALTH CARE PRACTITI ONER IN THE SAME GRO UP PRACTICE , PREVIOUSLY 7
CONDUCTED AN IN –PERSON ASSE SSMENT OF THE PATIEN T. 8
(2) Subject to paragraph (1) of this subsection, a] A health care practitioner 9
who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 10
of the Criminal Law Article, is subject to any applicable regulation, limitation, and 11
prohibition in federal and State law relating to the prescription of controlled dangerous 12
substances. 13
Article – Insurance 14
15–139. 15
(a) (1) In this section, “telehealth” means, as it relates to the delivery of health 16
care services, the use of interactive audio, video, or other telecommunications or electronic 17
technology by a licensed health care provider to deliver a health care service within the 18
scope of practice of the health care provider at a location other than the location of the 19
patient. 20
(2) “Telehealth” includes [from July 1, 2021, to June 30, 2025, both 21
inclusive,] an audio–only telephone conversation between a health care provider and a 22
patient that results in the delivery of a billable, covered health care service. 23
(3) “Telehealth” does not include: 24
(i) except as provided in paragraph (2) of this subsection, an 25
audio–only telephone conversation between a health care provider and a patient; 26
(ii) an electronic mail message between a health care provider and a 27
patient; or 28
(iii) a facsimile transmission between a health care provider and a 29
patient. 30
(b) This section applies to: 31
(1) insurers and nonprofit health service plans that provide hospital, 32
medical, or surgical benefits to individuals or groups on an expense–incurred basis under 33
health insurance policies or contracts that are issued or delivered in the State; and 34 6 HOUSE BILL 869
(2) health maintenance organizations that provide hospital, medical, or 1
surgical benefits to individuals or groups under contracts that are issued or delivered in 2
the State. 3
(c) (1) An entity subject to this section: 4
(i) shall provide coverage under a health insurance policy or 5
contract for health care services appropriately delivered through telehealth regardless of 6
the location of the patient at the time the telehealth services are provided; 7
(ii) may not exclude from coverage a health care service solely 8
because it is provided through telehealth and is not provided through an in–person 9
consultation or contact between a health care provider and a patient; and 10
(iii) may not exclude from coverage or deny coverage for a behavioral 11
health care service that is a covered benefit under a health insurance policy or contract 12
when provided in person solely because the behavioral health care service may also be 13
provided through a covered telehealth benefit. 14
(2) The health care services appropriately delivered through telehealth 15
shall include counseling and treatment for substance use disorders and mental health 16
conditions. 17
(d) (1) Subject to paragraph (2) of this subsection, an entity subject to this 18
section: 19
(i) shall reimburse a health care provider for the diagnosis, 20
consultation, and treatment of an insured patient for a health care service covered under a 21
health insurance policy or contract that can be appropriately provided through telehealth; 22
(ii) is not required to: 23
1. reimburse a health care provider for a health care service 24
delivered in person or through telehealth that is not a covered benefit under the health 25
insurance policy or contract; or 26
2. reimburse a health care provider who is not a covered 27
provider under the health insurance policy or contract; and 28
(iii) 1. may impose a deductible, copayment, or coinsurance 29
amount on benefits for health care services that are delivered either through an in–person 30
consultation or through telehealth; 31
2. may impose an annual dollar maximum as permitted by 32
federal law; and 33
HOUSE BILL 869 7
3. may not impose a lifetime dollar maximum. 1
(2) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 2
WHEN a health care service is appropriately provided through telehealth, an entity subject 3
to this section shall provide reimbursement in accordance with paragraph (1)(i) of this 4
subsection on the same basis and at the same rate as if the health care service were 5
delivered by the health care provider in person. 6
(ii) The reimbursement required under subparagraph (i) of this 7
paragraph does not include: 8
1. clinic facility fees unless the health care service is 9
provided by a health care provider not authorized to bill a professional fee separately for 10
the health care service; or 11
2. any room and board fees. 12
(iii) This paragraph may not be construed to supersede the authority 13
of the Health Services Cost Review Commission to set the appropriate rates for hospitals, 14
including setting the hospital facility fee for hospital–provided telehealth. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
June 1, 2025. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.