MD
Maryland Senate Bill SB372

Maryland 2025 Regular Session

Maryland Senate Bill SB372 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *sb0372*
109
1110 SENATE BILL 372
12-J5, J1 (5lr1977)
13-ENROLLED BILL
14-— Finance/Health and Government Operations —
15-Introduced by Senators Beidle, Gile, Kramer, Lam, and Mautz Mautz, Ellis, Hayes,
16-Hershey, C. Jackson, Ready, and A. Washington
17-
18-Read and Examined by Proofreaders:
19-
20-_______________________________________________
21-Proofreader.
22-_______________________________________________
23-Proofreader.
24-
25-Sealed with the Great Seal and presented to the Governor, for his approval this
26-
27-_______ day of _______________ at ________________________ o’clock, ________M.
28-
29-______________________________________________
30-President.
11+J5, J1 5lr1977
12+ CF HB 869
13+By: Senators Beidle, Gile, Kramer, Lam, and Mautz Mautz, Ellis, Hayes, Hershey,
14+C. Jackson, Ready, and A. Washington
15+Introduced and read first time: January 17, 2025
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 7, 2025
3120
3221 CHAPTER ______
3322
3423 AN ACT concerning 1
3524
3625 Preserve Telehealth Access Act of 2025 2
3726
3827 FOR the purpose of repealing the limitation on the period during which certain audio–only 3
3928 telephone conversations are included under the definition of “telehealth” for the 4
4029 purpose of certain provisions of law relating to reimbursement and coverage of 5
4130 telehealth by the Maryland Medical Assistance Program and certain insurers, 6
4231 nonprofit health service plans, and health maintenance organizations; repealing the 7
4332 limitation on the period during which the Program and certain insurers, nonprofit 8
4433 health service plans, and health maintenance organizations are required to provide 9
4534 reimbursement for certain health care services provided through telehealth on a 10
46-certain basis and at a certain rate; altering the circumstances under which health 11
47-care practitioners are authorized to prescribe certain controlled dangerous substances 12
48-for the treatment of pain through telehealth; requiring the Maryland Health Care 13
49-Commission to submit a certain report regarding telehealth every certain number of 14 2 SENATE BILL 372
35+certain basis and at a certain rate; requiring the Maryland Health Care Commission 11
36+to submit a certain report regarding telehealth every certain number of years; and 12
37+generally relating to the coverage and reimbursement of health care services 13
38+delivered through telehealth. 14
39+
40+BY repealing and reenacting, with amendments, 15
41+ Article – Health – General 16
42+Section 15–141.2(a)(7) and (g) 17
43+ Annotated Code of Maryland 18
44+ (2023 Replacement Volume and 2024 Supplement) 19
45+
46+BY adding to 20
47+ Article – Health – General 21
48+ Section 19–108.6 22 2 SENATE BILL 372
5049
5150
52-years; and generally relating to the coverage and reimbursement of health care 1
53-services delivered through telehealth. 2
51+ Annotated Code of Maryland 1
52+ (2023 Replacement Volume and 2024 Supplement) 2
5453
5554 BY repealing and reenacting, with amendments, 3
56- Article – Health – General 4
57-Section 15–141.2(a)(7) and (g) 5
55+ Article – Insurance 4
56+Section 15–139(a) and (d) 5
5857 Annotated Code of Maryland 6
59- (2023 Replacement Volume and 2024 Supplement) 7
58+ (2017 Replacement Volume and 2024 Supplement) 7
6059
61-BY adding to 8
62- Article – Health – General 9
63- Section 19–108.6 10
60+BY repealing and reenacting, without amendments, 8
61+ Article – Insurance 9
62+Section 15–139(b) and (c) 10
6463 Annotated Code of Maryland 11
65- (2023 Replacement Volume and 2024 Supplement) 12
64+ (2017 Replacement Volume and 2024 Supplement) 12
6665
67-BY repealing and reenacting, with amendments, 13
68- Article – Health Occupations 14
69- Section 1–1003 15
70- Annotated Code of Maryland 16
71- (2021 Replacement Volume and 2024 Supplement) 17
66+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67+That the Laws of Maryland read as follows: 14
7268
73-BY repealing and reenacting, with amendments, 18
74- Article – Insurance 19
75-Section 15–139(a) and (d) 20
76- Annotated Code of Maryland 21
77- (2017 Replacement Volume and 2024 Supplement) 22
69+Article – Health – General 15
7870
79-BY repealing and reenacting, without amendments, 23
80- Article – Insurance 24
81-Section 15–139(b) and (c) 25
82- Annotated Code of Maryland 26
83- (2017 Replacement Volume and 2024 Supplement) 27
71+15–141.2. 16
8472
85- SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND, 28
86-That the Laws of Maryland read as follows: 29
73+ (a) (7) (i) “Telehealth” means the delivery of medically necessary somatic, 17
74+dental, or behavioral health services to a patient at an originating site by a distant site 18
75+provider through the use of technology–assisted communication. 19
8776
88-Article – Health – General 30
77+ (ii) “Telehealth” includes: 20
8978
90-15–141.2. 31
79+ 1. Synchronous and asynchronous interactions; 21
9180
92- (a) (7) (i) “Telehealth” means the delivery of medically necessary somatic, 32
93-dental, or behavioral health services to a patient at an originating site by a distant site 33
94-provider through the use of technology–assisted communication. 34
81+ 2. [From July 1, 2021, to June 30, 2025, both inclusive, an] 22
82+AN audio–only telephone conversation between a health care provider and a patient that 23
83+results in the delivery of a billable, covered health care service; and 24
9584
96- (ii) “Telehealth” includes: 35
85+ 3. Remote patient monitoring services. 25
9786
98- 1. Synchronous and asynchronous interactions; 36 SENATE BILL 372 3
87+ (iii) “Telehealth” does not include the provision of health care 26
88+services solely through: 27
89+
90+ 1. Except as provided in subparagraph (ii)2 of this 28
91+paragraph, an audio–only telephone conversation; 29
92+
93+ 2. An e–mail message; or 30
94+
95+ 3. A facsimile transmission. 31
96+ SENATE BILL 372 3
97+
98+
99+ (g) (1) Subject to paragraph (3) of this subsection, the Program shall 1
100+reimburse a health care provider for the diagnosis, consultation, and treatment of a 2
101+Program recipient for a health care service covered by the Program that can be 3
102+appropriately provided through telehealth. 4
103+
104+ (2) This subsection does not require the Program to reimburse a health 5
105+care provider for a health care service delivered in person or through telehealth that is: 6
106+
107+ (i) Not a covered health care service under the Program; or 7
108+
109+ (ii) Delivered by an out–of–network provider unless the health care 8
110+service is a self–referred service authorized under the Program. 9
111+
112+ (3) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 10
113+WHEN appropriately provided through telehealth, the Program shall provide 11
114+reimbursement in accordance with paragraph (1) of this subsection on the same basis and 12
115+the same rate as if the health care service were delivered by the health care provider in 13
116+person. 14
117+
118+ (ii) The reimbursement required under subparagraph (i) of this 15
119+paragraph does not include: 16
120+
121+ 1. Clinic facility fees unless the health care service is 17
122+provided by a health care provider not authorized to bill a professional fee separately for 18
123+the health care service; or 19
124+
125+ 2. Any room and board fees. 20
126+
127+19–108.6. 21
128+
129+ ON OR BEFORE DECEMBER 1 EVERY 4 YEARS, BEGINNING IN 2026, THE 22
130+COMMISSION SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 23
131+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 24
132+THAT INCLUDES : 25
133+
134+ (1) ADVANCES OR DEVELOPME NTS IN THE AREA OF T ELEHEALTH, 26
135+INCLUDING: 27
136+
137+ (I) EVOLVING MODALITIES O F TELEHEALTH DELIVER Y; AND 28
138+
139+ (II) CHANGES IN THE COSTS OF DELIVERING TELEHE ALTH 29
140+SERVICES; AND 30
141+
142+ (2) ANY FINDINGS OR RECOMMENDATIONS OF T HE COMMISSION. 31
143+
144+Article – Insurance 32 4 SENATE BILL 372
99145
100146
101147
102- 2. [From July 1, 2021, to June 30, 2025, both inclusive, an] 1
103-AN audio–only telephone conversation between a health care provider and a patient that 2
104-results in the delivery of a billable, covered health care service; and 3
148+15–139. 1
105149
106- 3. Remote patient monitoring services. 4
150+ (a) (1) In this section, “telehealth” means, as it relates to the delivery of health 2
151+care services, the use of interactive audio, video, or other telecommunications or electronic 3
152+technology by a licensed health care provider to deliver a health care service within the 4
153+scope of practice of the health care provider at a location other than the location of the 5
154+patient. 6
107155
108- (iii) “Telehealth” does not include the provision of health care 5
109-services solely through: 6
156+ (2) “Telehealth” includes [from July 1, 2021, to June 30, 2025, both 7
157+inclusive,] an audio–only telephone conversation between a health care provider and a 8
158+patient that results in the delivery of a billable, covered health care service. 9
110159
111- 1. Except as provided in subparagraph (ii)2 of this 7
112-paragraph, an audio–only telephone conversation; 8
160+ (3) “Telehealth” does not include: 10
113161
114- 2. An e–mail message; or 9
162+ (i) except as provided in paragraph (2) of this subsection, an 11
163+audio–only telephone conversation between a health care provider and a patient; 12
115164
116- 3. A facsimile transmission. 10
165+ (ii) an electronic mail message between a health care provider and a 13
166+patient; or 14
117167
118- (g) (1) Subject to paragraph (3) of this subsection, the Program shall 11
119-reimburse a health care provider for the diagnosis, consultation, and treatment of a 12
120-Program recipient for a health care service covered by the Program that can be 13
121-appropriately provided through telehealth. 14
168+ (iii) a facsimile transmission between a health care provider and a 15
169+patient. 16
122170
123- (2) This subsection does not require the Program to reimburse a health 15
124-care provider for a health care service delivered in person or through telehealth that is: 16
171+ (b) This section applies to: 17
125172
126- (i) Not a covered health care service under the Program; or 17
173+ (1) insurers and nonprofit health service plans that provide hospital, 18
174+medical, or surgical benefits to individuals or groups on an expense–incurred basis under 19
175+health insurance policies or contracts that are issued or delivered in the State; and 20
127176
128- (ii) Delivered by an out–of–network provider unless the health care 18
129-service is a self–referred service authorized under the Program. 19
177+ (2) health maintenance organizations that provide hospital, medical, or 21
178+surgical benefits to individuals or groups under contracts that are issued or delivered in 22
179+the State. 23
130180
131- (3) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 20
132-WHEN appropriately provided through telehealth, the Program shall provide 21
133-reimbursement in accordance with paragraph (1) of this subsection on the same basis and 22
134-the same rate as if the health care service were delivered by the health care provider in 23
135-person. 24
181+ (c) (1) An entity subject to this section: 24
136182
137- (ii) The reimbursement required under subparagraph (i) of this 25
138-paragraph does not include: 26
183+ (i) shall provide coverage under a health insurance policy or 25
184+contract for health care services appropriately delivered through telehealth regardless of 26
185+the location of the patient at the time the telehealth services are provided; 27
139186
140- 1. Clinic facility fees unless the health care service is 27
141-provided by a health care provider not authorized to bill a professional fee separately for 28
142-the health care service; or 29
187+ (ii) may not exclude from coverage a health care service solely 28
188+because it is provided through telehealth and is not provided through an in–person 29
189+consultation or contact between a health care provider and a patient; and 30
143190
144- 2. Any room and board fees. 30
145-
146-19–108.6. 31 4 SENATE BILL 372
191+ (iii) may not exclude from coverage or deny coverage for a behavioral 31
192+health care service that is a covered benefit under a health insurance policy or contract 32 SENATE BILL 372 5
147193
148194
195+when provided in person solely because the behavioral health care service may also be 1
196+provided through a covered telehealth benefit. 2
149197
150- ON OR BEFORE DECEMBER 1 EVERY 4 YEARS, BEGINNING IN 2026, THE 1
151-COMMISSION SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 2
152-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 3
153-THAT INCLUDES : 4
198+ (2) The health care services appropriately delivered through telehealth 3
199+shall include counseling and treatment for substance use disorders and mental health 4
200+conditions. 5
154201
155- (1) ADVANCES OR DEVELOPME NTS IN THE AREA OF T ELEHEALTH, 5
156-INCLUDING: 6
202+ (d) (1) Subject to paragraph (2) of this subsection, an entity subject to this 6
203+section: 7
157204
158- (I) EVOLVING MODALITIES O F TELEHEALTH DELIVER Y; AND 7
205+ (i) shall reimburse a health care provider for the diagnosis, 8
206+consultation, and treatment of an insured patient for a health care service covered under a 9
207+health insurance policy or contract that can be appropriately provided through telehealth; 10
159208
160- (II) CHANGES IN THE COSTS OF DELIVERING TELEHE ALTH 8
161-SERVICES; AND 9
209+ (ii) is not required to: 11
162210
163- (2) ANY FINDINGS OR RECOM MENDATIONS OF THE COMMISSION. 10
211+ 1. reimburse a health care provider for a health care service 12
212+delivered in person or through telehealth that is not a covered benefit under the health 13
213+insurance policy or contract; or 14
164214
165-Article – Health Occupations 11
215+ 2. reimburse a health care provider who is not a covered 15
216+provider under the health insurance policy or contract; and 16
166217
167-1–1003. 12
218+ (iii) 1. may impose a deductible, copayment, or coinsurance 17
219+amount on benefits for health care services that are delivered either through an in–person 18
220+consultation or through telehealth; 19
168221
169- (a) A health care practitioner providing telehealth services shall: 13
222+ 2. may impose an annual dollar maximum as permitted by 20
223+federal law; and 21
170224
171- (1) Be held to the same standards of practice that are applicable to 14
172-in–person health care settings; and 15
225+ 3. may not impose a lifetime dollar maximum. 22
173226
174- (2) If clinically appropriate for the patient, provide or refer a patient to 16
175-in–person health care services or another type of telehealth service. 17
227+ (2) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 23
228+WHEN a health care service is appropriately provided through telehealth, an entity subject 24
229+to this section shall provide reimbursement in accordance with paragraph (1)(i) of this 25
230+subsection on the same basis and at the same rate as if the health care service were 26
231+delivered by the health care provider in person. 27
176232
177- (b) (1) A health care practitioner shall perform a clinical evaluation that is 18
178-appropriate for the patient and the condition with which the patient presents before 19
179-providing treatment or issuing a prescription through telehealth. 20
233+ (ii) The reimbursement required under subparagraph (i) of this 28
234+paragraph does not include: 29
180235
181- (2) A health care practitioner may use a synchronous telehealth interaction 21
182-or an asynchronous telehealth interaction to perform the clinical evaluation required under 22
183-paragraph (1) of this subsection. 23
236+ 1. clinic facility fees unless the health care service is 30
237+provided by a health care provider not authorized to bill a professional fee separately for 31
238+the health care service; or 32
184239
185- (c) (1) A health care practitioner may not prescribe an opiate described in the 24
186-list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment 25
187-of pain through telehealth, unless: 26
188-
189- (i) The individual receiving the prescription is a patient in a health 27
190-care facility, as defined in § 19–114 of the Health – General Article; [or] 28
191-
192- (ii) The Governor has declared a state of emergency due to a 29
193-catastrophic health emergency; OR 30
194- SENATE BILL 372 5
195-
196-
197- (III) THERE IS AN ESTABLISH ED BONA FIDE 1
198-PRACTITIONER –PATIENT RELATIONSHIP IN WHICH THE HEALTH CARE 2
199-PRACTITIONER HAS ONG OING RESPONSIBILITY FOR THE ASSESSMENT , CARE, AND 3
200-TREATMENT OF THE PAT IENT AND THE HEALTH CARE PRACTITIONER , OR ANOTHER 4
201-HEALTH CARE PRACTITI ONER IN THE SAME GRO UP PRACTICE , PREVIOUSLY 5
202-CONDUCTED AN IN –PERSON ASSE SSMENT OF THE PATIEN T. 6
203-
204- (2) Subject to paragraph (1) of this subsection, a health care practitioner 7
205-who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 8
206-of the Criminal Law Article, is subject to any applicable regulation, limitation, and 9
207-prohibition in federal and State law relating to the prescription of controlled dangerous 10
208-substances. 11
209-
210-Article – Insurance 12
211-
212-15–139. 13
213-
214- (a) (1) In this section, “telehealth” means, as it relates to the delivery of health 14
215-care services, the use of interactive audio, video, or other telecommunications or electronic 15
216-technology by a licensed health care provider to deliver a health care service within the 16
217-scope of practice of the health care provider at a location other than the location of the 17
218-patient. 18
219-
220- (2) “Telehealth” includes [from July 1, 2021, to June 30, 2025, both 19
221-inclusive,] an audio–only telephone conversation between a health care provider and a 20
222-patient that results in the delivery of a billable, covered health care service. 21
223-
224- (3) “Telehealth” does not include: 22
225-
226- (i) except as provided in paragraph (2) of this subsection, an 23
227-audio–only telephone conversation between a health care provider and a patient; 24
228-
229- (ii) an electronic mail message between a health care provider and a 25
230-patient; or 26
231-
232- (iii) a facsimile transmission between a health care provider and a 27
233-patient. 28
234-
235- (b) This section applies to: 29
236-
237- (1) insurers and nonprofit health service plans that provide hospital, 30
238-medical, or surgical benefits to individuals or groups on an expense–incurred basis under 31
239-health insurance policies or contracts that are issued or delivered in the State; and 32
240+ 2. any room and board fees. 33
240241 6 SENATE BILL 372
241242
242243
243- (2) health maintenance organizations that provide hospital, medical, or 1
244-surgical benefits to individuals or groups under contracts that are issued or delivered in 2
245-the State. 3
244+ (iii) This paragraph may not be construed to supersede the authority 1
245+of the Health Services Cost Review Commission to set the appropriate rates for hospitals, 2
246+including setting the hospital facility fee for hospital–provided telehealth. 3
246247
247- (c) (1) An entity subject to this section: 4
248-
249- (i) shall provide coverage under a health insurance policy or 5
250-contract for health care services appropriately delivered through telehealth regardless of 6
251-the location of the patient at the time the telehealth services are provided; 7
252-
253- (ii) may not exclude from coverage a health care service solely 8
254-because it is provided through telehealth and is not provided through an in–person 9
255-consultation or contact between a health care provider and a patient; and 10
256-
257- (iii) may not exclude from coverage or deny coverage for a behavioral 11
258-health care service that is a covered benefit under a health insurance policy or contract 12
259-when provided in person solely because the behavioral health care service may also be 13
260-provided through a covered telehealth benefit. 14
261-
262- (2) The health care services appropriately delivered through telehealth 15
263-shall include counseling and treatment for substance use disorders and mental health 16
264-conditions. 17
265-
266- (d) (1) Subject to paragraph (2) of this subsection, an entity subject to this 18
267-section: 19
268-
269- (i) shall reimburse a health care provider for the diagnosis, 20
270-consultation, and treatment of an insured patient for a health care service covered under a 21
271-health insurance policy or contract that can be appropriately provided through telehealth; 22
272-
273- (ii) is not required to: 23
274-
275- 1. reimburse a health care provider for a health care service 24
276-delivered in person or through telehealth that is not a covered benefit under the health 25
277-insurance policy or contract; or 26
278-
279- 2. reimburse a health care provider who is not a covered 27
280-provider under the health insurance policy or contract; and 28
281-
282- (iii) 1. may impose a deductible, copayment, or coinsurance 29
283-amount on benefits for health care services that are delivered either through an in–person 30
284-consultation or through telehealth; 31
285-
286- 2. may impose an annual dollar maximum as permitted by 32
287-federal law; and 33
288-
289- 3. may not impose a lifetime dollar maximum. 34 SENATE BILL 372 7
290-
291-
292-
293- (2) (i) [From July 1, 2021, to June 30, 2025, both inclusive, when] 1
294-WHEN a health care service is appropriately provided through telehealth, an entity subject 2
295-to this section shall provide reimbursement in accordance with paragraph (1)(i) of this 3
296-subsection on the same basis and at the same rate as if the health care service were 4
297-delivered by the health care provider in person. 5
298-
299- (ii) The reimbursement required under subparagraph (i) of this 6
300-paragraph does not include: 7
301-
302- 1. clinic facility fees unless the health care service is 8
303-provided by a health care provider not authorized to bill a professional fee separately for 9
304-the health care service; or 10
305-
306- 2. any room and board fees. 11
307-
308- (iii) This paragraph may not be construed to supersede the authority 12
309-of the Health Services Cost Review Commission to set the appropriate rates for hospitals, 13
310-including setting the hospital facility fee for hospital–provided telehealth. 14
311-
312- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 15
313-1, 2025. 16
248+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 4
249+1, 2025. 5
314250
315251
316252
317253
318254 Approved:
319255 ________________________________________________________________________________
320256 Governor.
321257 ________________________________________________________________________________
322258 President of the Senate.
323259 ________________________________________________________________________________
324260 Speaker of the House of Delegates.