EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0328* SENATE BILL 328 J1, J4, J5 5lr2074 SB 124/24 – FIN By: Senator Augustine Introduced and read first time: January 15, 2025 Assigned to: Finance 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)(xxv) 11 Annotated Code of Maryland 12 (2023 Replacement Volume and 2024 Supplement) 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 and 2024 Supplement) 18 BY repealing and reenacting, with amendments, 19 Article – Health – General 20 Section 15–103(a)(2)(xxiii) and (xxiv) 21 Annotated Code of Maryland 22 (2023 Replacement Volume and 2024 Supplement) 23 BY adding to 24 Article – Insurance 25 Section 15–861 26 Annotated Code of Maryland 27 2 SENATE BILL 328 (2017 Replacement Volume and 2024 Supplement) 1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 That the Laws of Maryland read as follows: 3 Article – Health – General 4 15–102.3. 5 (M) BEGINNING JULY 1, 2026, THE PROVISIONS OF § 15–861 OF THE 6 INSURANCE ARTICLE APPLY TO MANA GED CARE ORGANIZATIO NS IN THE SAME 7 MANNER THEY APPLY TO CARRIERS. 8 15–103. 9 (a) (1) The Secretary shall administer the Maryland Medical Assistance 10 Program. 11 (2) The Program: 12 (xxiii) 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 (xxiv) Beginning on January 1, 2025, shall provide coverage for 16 prostheses in accordance with § 15–844 of the Insurance Article; AND 17 (XXV) BEGINNING ON JULY 1, 2026, SHALL PROVIDE COVERA GE 18 FOR ANNUAL BEHAVIORA L HEALTH WEL LNESS VISITS IN ACCORDANCE WITH § 19 15–861 OF THE INSURANCE ARTICLE. 20 Article – Insurance 21 15–861. 22 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23 INDICATED. 24 (2) “BEHAVIORAL HEALTH WEL LNESS VISIT” MEANS A CLINICAL 25 ENCOUNTER DURING WHI CH A HEALTH CARE PRA CTITIONER CONDUCTS A N 26 ASSESSMENT TO IDENTI FY WHETHER A PATIENT MEETS CRITERIA FOR A 27 PSYCHIATRIC OR SUBST ANCE USE DISORDER . 28 (3) “HEALTH CARE PRACTITIO NER” MEANS AN INDIVIDUAL: 29 SENATE BILL 328 3 (I) WHO IS LICENSED , CERTIFIED, OR OTHERWISE AUTHORI ZED 1 UNDER THE HEALTH OCCUPATIONS ARTICLE TO PRACTICE A HEALTH OCCUPATION ; 2 AND 3 (II) WHOSE SCOPE OF PRACT ICE INCLUDES THE PRO VISION OF 4 MENTAL HEALTH AND SU BSTANCE USE DISORDER CARE SERVICES. 5 (B) THIS SECTION APPLIES TO: 6 (1) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 7 PROVIDE HOSPITAL , MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS 8 ON AN EXPENSE –INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR 9 CONTRACTS THAT ARE I SSUED OR DELIVERED IN TH E STATE; AND 10 (2) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 11 HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS UNDER 12 CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE. 13 (C) (1) AN ENTITY SUBJECT TO THIS SECTION SH ALL PROVIDE 14 COVERAGE FOR AN ANNU AL BEHAVIORAL HEALTH WELLNESS VISIT , REGARDLESS 15 OF THE ASSESSMENT RE SULTING IN A BEHAVIO RAL HEALTH DIAGNOSIS . 16 (2) AN ENTITY SUBJECT TO THIS SECTION SHALL P ROVIDE 17 REIMBURSEMENT FOR AN ANNUAL BEHAVIORAL HE ALTH WELLNESS VISI T ON THE 18 SAME BASIS AND AT TH E SAME RATE AS AN AS SESSMENT THAT RESULT S IN A 19 BEHAVIORAL HEALTH DI AGNOSIS. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all 21 policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 22 after January 1, 2026. 23 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 January 1, 2026. 25