Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 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 | 5 | *sb0374* | |
9 | 6 | ||
10 | 7 | SENATE BILL 374 | |
11 | 8 | J5, J1, L6 5lr0738 | |
12 | - | CF | |
9 | + | CF 5lr2009 | |
13 | 10 | By: Senators Beidle, Gile, Kramer, Lam, and Mautz | |
14 | 11 | Introduced and read first time: January 17, 2025 | |
15 | 12 | Assigned to: Finance | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: February 21, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | - | Health Insurance | |
25 | - | ||
18 | + | Health Insurance – Cancer Screening for Professional Firefighters – Required 2 | |
19 | + | Coverage 3 | |
26 | 20 | (James “Jimmy” Malone Act) 4 | |
27 | 21 | ||
28 | 22 | FOR the purpose of requiring certain health insurers, nonprofit health service plans, and 5 | |
29 | 23 | health maintenance organizations to provide coverage to professional firefighters for 6 | |
30 | 24 | preventive cancer screening in accordance with certain guidelines; prohibiting 7 | |
31 | 25 | certain insurers, nonprofit health service plans, and health maintenance 8 | |
32 | 26 | organizations from imposing a copayment, coinsurance, or deductible requirement 9 | |
33 | 27 | on certain coverage of preventive cancer screenings for professional firefighters; 10 | |
34 | 28 | requiring counties and municipalities that offer self–insured employee health benefit 11 | |
35 | 29 | plans to comply with a certain provision of this Act; requiring the Secretary of Budget 12 | |
36 | 30 | and Management to ensure that the State Employee and Retiree Health and Welfare 13 | |
37 | - | Benefits Program complies with a certain provision of this Act provide to firefighters 14 | |
38 | - | employed by the county coverage for preventive cancer screenings in accordance with 15 | |
39 | - | certain guidelines; authorizing a county to satisfy the requirement by providing a 16 | |
40 | - | certain annual examination or applying for a certain grant; prohibiting counties from 17 | |
41 | - | imposing a copayment, coinsurance, or deductible requirement on the coverage; 18 | |
42 | - | requiring the Maryland Health Care Commission to conduct a certain study; and 19 | |
43 | - | generally relating to health insurance counties and coverage of preventive cancer 20 | |
44 | - | screenings for professional firefighters. 21 | |
31 | + | Benefits Program complies with a certain provision of this Act; and generally 14 | |
32 | + | relating to health insurance and coverage of preventive cancer screenings for 15 | |
33 | + | professional firefighters. 16 | |
34 | + | ||
35 | + | BY adding to 17 | |
36 | + | Article – Insurance 18 | |
37 | + | Section 15–861 19 | |
38 | + | Annotated Code of Maryland 20 | |
39 | + | (2017 Replacement Volume and 2024 Supplement) 21 | |
45 | 40 | ||
46 | 41 | BY adding to 22 | |
47 | - | Article – Insurance 23 | |
48 | - | Section 15–861 24 2 SENATE BILL 374 | |
42 | + | Article – Local Government 23 | |
43 | + | Section 1–207 24 | |
44 | + | Annotated Code of Maryland 25 | |
45 | + | (2013 Volume and 2024 Supplement) 26 | |
46 | + | ||
47 | + | BY repealing and reenacting, without amendments, 27 | |
48 | + | Article – State Personnel and Pensions 28 2 SENATE BILL 374 | |
49 | 49 | ||
50 | 50 | ||
51 | - | Annotated Code of Maryland 1 | |
52 | - | (2017 Replacement Volume and 2024 Supplement) 2 | |
51 | + | Section 2–502(a) and (b)(1) and 2–503(b)(1) 1 | |
52 | + | Annotated Code of Maryland 2 | |
53 | + | (2024 Replacement Volume and 2024 Supplement) 3 | |
53 | 54 | ||
54 | - | BY | |
55 | - | Article – | |
56 | - | Section | |
57 | - | Annotated Code of Maryland | |
58 | - | ( | |
55 | + | BY repealing and reenacting, with amendments, 4 | |
56 | + | Article – State Personnel and Pensions 5 | |
57 | + | Section 2–503(a) 6 | |
58 | + | Annotated Code of Maryland 7 | |
59 | + | (2024 Replacement Volume and 2024 Supplement) 8 | |
59 | 60 | ||
60 | - | BY repealing and reenacting, without amendments, 8 | |
61 | - | Article – State Personnel and Pensions 9 | |
62 | - | Section 2–502(a) and (b)(1) and 2–503(b)(1) 10 | |
63 | - | Annotated Code of Maryland 11 | |
64 | - | (2024 Replacement Volume and 2024 Supplement) 12 | |
61 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
62 | + | That the Laws of Maryland read as follows: 10 | |
65 | 63 | ||
66 | - | BY repealing and reenacting, with amendments, 13 | |
67 | - | Article – State Personnel and Pensions 14 | |
68 | - | Section 2–503(a) 15 | |
69 | - | Annotated Code of Maryland 16 | |
70 | - | (2024 Replacement Volume and 2024 Supplement) 17 | |
64 | + | Article – Insurance 11 | |
71 | 65 | ||
72 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
73 | - | That the Laws of Maryland read as follows: 19 | |
66 | + | 15–861. 12 | |
74 | 67 | ||
75 | - | Article – Insurance 20 | |
68 | + | (A) IN THIS SECTION , “PROFESSIONAL FIREFIG HTER” MEANS AN 13 | |
69 | + | INDIVIDUAL EMPLOYED AS A FIREFIGHTER BY A STATE, COUNTY, OR MUNICIPAL 14 | |
70 | + | ENTITY DURING THE TIME OF THE INDI VIDUAL’S EMPLOYMENT . 15 | |
76 | 71 | ||
77 | - | ||
72 | + | (B) THIS SECTION APPLIES TO: 16 | |
78 | 73 | ||
79 | - | (A) IN THIS SECTION , “PROFESSIONAL FIREFIG HTER” MEANS AN 22 | |
80 | - | INDIVIDUAL EMPLOYED AS A FIREFIGHTER BY A STATE, COUNTY, OR MUNICIPAL 23 | |
81 | - | ENTITY DURING THE TI ME OF THE INDIVIDUAL ’S EMPLOYMENT . 24 | |
74 | + | (1) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 17 | |
75 | + | PROVIDE HOSPITAL , MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS 18 | |
76 | + | ON AN EX PENSE–INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR 19 | |
77 | + | CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE; AND 20 | |
82 | 78 | ||
83 | - | (B) THIS SECTION APPLIES TO: 25 | |
79 | + | (2) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 21 | |
80 | + | HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS UNDER 22 | |
81 | + | CONTRACTS THAT ARE ISSUED OR DELIVERED IN THE STATE. 23 | |
84 | 82 | ||
85 | - | ( | |
86 | - | ||
87 | - | ||
88 | - | ||
83 | + | (C) AN ENTITY SUBJECT TO THIS SECTION SHALL PROVIDE COVERAGE TO A 24 | |
84 | + | PROFESSIONAL FIREFIG HTER FOR PREVENTIVE CANCER SCREENING S IN 25 | |
85 | + | ACCORDANCE WITH THE LATEST SCREENING GUI DELINES ISSUED BY THE 26 | |
86 | + | INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. 27 | |
89 | 87 | ||
90 | - | (2) | |
91 | - | ||
92 | - | ||
93 | - | ||
94 | - | (C) | |
95 | - | ||
88 | + | (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28 | |
89 | + | AN ENTITY SUBJECT TO THIS SECTION MAY NOT IMPOSE A COPAYMENT , 29 | |
90 | + | COINSURANCE , OR DEDUCTIBLE REQUIR EMENT ON COVERAGE OF PREVENTIVE 30 | |
91 | + | CANCER SCREENINGS FO R PROFESSIONAL FIREF IGHTERS AS REQUIRED UNDER 31 | |
92 | + | SUBSECTION (C) OF THIS SECTION. 32 | |
93 | + | SENATE BILL 374 3 | |
96 | 94 | ||
97 | 95 | ||
98 | - | ACCORDANCE WITH THE LATEST SCREENING GUI DELINES ISSUED BY TH E 1 | |
99 | - | INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. 2 | |
96 | + | (2) IF AN INSURED OR AN ENROLLEE IS COVERED UNDER A 1 | |
97 | + | HIGH–DEDUCTIBLE HEALTH PL AN, AS DEFINED IN 26 U.S.C. § 223, AN ENTITY 2 | |
98 | + | SUBJECT TO THIS SECT ION MAY SUBJECT PREVENTIVE CANCER SC REENINGS FOR 3 | |
99 | + | PROFESSION AL FIREFIGHTERS TO T HE DEDUCTIBLE REQUIR EMENT OF THE 4 | |
100 | + | HIGH–DEDUCTIBLE HEALTH PL AN. 5 | |
100 | 101 | ||
101 | - | (D) (1) EXCEPT AS PROVIDED IN P ARAGRAPH (2) OF THIS SUBSECTION , 3 | |
102 | - | AN ENTITY SUBJECT TO THIS SECTION MAY NOT IMPOSE A COPAYMENT , 4 | |
103 | - | COINSURANCE , OR DEDUCTIBLE REQUIR EMENT ON COVERAGE OF PREVENTIVE 5 | |
104 | - | CANCER SCREENINGS FO R PROFESSIONAL FIREF IGHTERS AS REQUIRED UNDER 6 | |
105 | - | SUBSECTION (C) OF THIS SECTION. 7 | |
102 | + | (E) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT AN ENTITY 6 | |
103 | + | SUBJECT TO THIS SECT ION FROM PROVIDING C OVERAGES THAT ARE GR EATER THAN 7 | |
104 | + | OR MORE FAVORABLE TO AN INSURED OR AN ENROLLEE THAN THE CO VERAGE 8 | |
105 | + | REQUIRED UNDER THIS SECTION. 9 | |
106 | 106 | ||
107 | - | (2) IF AN INSURED OR AN E NROLLEE IS COVERED U NDER A 8 | |
108 | - | HIGH–DEDUCTIBLE HEALTH PL AN, AS DEFINED IN 26 U.S.C. § 223, AN ENTITY 9 | |
109 | - | SUBJECT TO THIS SECT ION MAY SUBJECT PREV ENTIVE CANCER SCREEN INGS FOR 10 | |
110 | - | PROFESSIONAL FIREFIG HTERS TO THE DEDUCT IBLE REQUIREMENT OF THE 11 | |
111 | - | HIGH–DEDUCTIBLE HEALTH PL AN. 12 | |
107 | + | Article – Local Government 10 | |
112 | 108 | ||
113 | - | (E) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT AN ENTITY 13 | |
114 | - | SUBJECT TO THIS SECT ION FROM PROVIDING C OVERAGES THAT ARE GR EATER THAN 14 | |
115 | - | OR MORE FAVORABLE TO AN INSURED OR AN ENR OLLEE THAN THE COVER AGE 15 | |
116 | - | REQUIRED UNDER THIS SEC TION. 16 | |
109 | + | 1–207. 11 | |
117 | 110 | ||
118 | - | Article – Local Government 17 | |
111 | + | A COUNTY OR MUNICIPALI TY THAT OFFERS A SELF –INSURED EMPLOYEE 12 | |
112 | + | HEALTH BENEFIT PLAN IN THE STATE SHALL ENSURE THAT THE PLAN COMPLIES 13 | |
113 | + | WITH § 15–861 OF THE INSURANCE ARTICLE. 14 | |
119 | 114 | ||
120 | - | ||
115 | + | Article – State Personnel and Pensions 15 | |
121 | 116 | ||
122 | - | (A) (1) A COUNTY OR MUNICIPALI TY EXCEPT AS PROVIDED IN 19 | |
123 | - | SUBSECTION (B) OF THIS SECTION , A COUNTY THAT OFFERS A SELF –INSURED 20 | |
124 | - | EMPLOYEE HEALTH BENE FIT PLAN IN THE STATE SHALL ENSURE THAT THE PLAN 21 | |
125 | - | COMPLIES WITH § 15–861 OF THE INSURANCE ARTICLE PROVIDE TO EACH 22 | |
126 | - | FIREFIGHTER EMPLOYED BY THE COUNTY COVERA GE FOR PREVENTIVE CA NCER 23 | |
127 | - | SCREENINGS IN ACCORD ANCE WITH THE LATEST SCREENING GUIDELINES ISSUED 24 | |
128 | - | BY THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. 25 | |
117 | + | 2–502. 16 | |
129 | 118 | ||
130 | - | (2) A COUNTY SUBJECT TO PA RAGRAPH (1) OF THIS SUBSECTION M AY 26 | |
131 | - | NOT IMPOSE A COPAYME NT, COINSURANCE , OR DEDUCTIBLE REQUIR EMENT ON 27 | |
132 | - | COVERAGE OF PREVENTI VE CANCER SCREENINGS FOR FIREFIGHTERS AS REQUIRED 28 | |
133 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION . 29 | |
119 | + | (a) There is a State Employee and Retiree Health and Welfare Benefits Program, 17 | |
120 | + | to be developed and administered by the Secretary. 18 | |
134 | 121 | ||
135 | - | (B) A COUNTY MAY SATISFY THE RE QUIREMENT IN SUBSECT ION (A) OF THIS 30 | |
136 | - | SECTION BY: 31 | |
122 | + | (b) (1) The Program: 19 | |
137 | 123 | ||
138 | - | (1) PROVIDING A NO –COST ANNUAL EXAMINAT ION TO FIREFIGHTERS 32 | |
139 | - | EMPLOYED BY THE COUN TY THAT INCLUDES PRE VENTIVE CANCER SCREE NINGS 33 | |
140 | - | FOR FIREFIGHTERS IN ACCORDANCE WITH THE LATEST SCREENING GUIDELINES 34 | |
141 | - | ISSUED BY THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS; OR 35 4 SENATE BILL 374 | |
124 | + | (i) subject to the regulations adopted under § 2–503 of this subtitle, 20 | |
125 | + | shall encompass all units in the Executive, Judicial, and Legislative branches of State 21 | |
126 | + | government, including any unit with an independent personnel system; 22 | |
127 | + | ||
128 | + | (ii) shall include the health insurance benefit options established by 23 | |
129 | + | the Secretary; and 24 | |
130 | + | ||
131 | + | (iii) except as provided in paragraph (2) of this subsection, may 25 | |
132 | + | include any other benefit option that the Secretary considers appropriate. 26 | |
133 | + | ||
134 | + | 2–503. 27 | |
135 | + | ||
136 | + | (a) The Secretary shall: 28 | |
137 | + | ||
138 | + | (1) adopt regulations for the administration of the Program; 29 | |
139 | + | ||
140 | + | (2) ensure that the Program complies with: 30 | |
141 | + | 4 SENATE BILL 374 | |
142 | 142 | ||
143 | 143 | ||
144 | + | (i) all federal and State laws governing employee benefit plans; 1 | |
145 | + | [and] 2 | |
144 | 146 | ||
145 | - | (2) APPLYING FOR A GRANT UNDER TITLE 13, SUBTITLE 40 OF THE 1 | |
146 | - | HEALTH – GENERAL ARTICLE TO PAY FOR IN NOVATIVE CANCER SCRE ENING 2 | |
147 | - | TECHNOLOGIES , INCLUDING A MULTICAN CER EARLY DETECTION BLOOD TEST. 3 | |
147 | + | (ii) §§ 15–826, 15–826.1, 15–826.2, and, as applicable to 3 | |
148 | + | contraceptive drugs and devices, 15–831(a) through (d) of the Insurance Article; AND 4 | |
148 | 149 | ||
149 | - | (C) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A COUNTY 4 | |
150 | - | SUBJECT TO THIS SECTION FROM PROVIDING COVERAGES THAT ARE GREATER THA N 5 | |
151 | - | OR MORE FAVORABLE TO AN INSURED OR AN ENR OLLEE THAN THE COVER AGE 6 | |
152 | - | REQUIRED UNDER THIS SECTION. 7 | |
150 | + | (III) § 15–861 OF THE INSURANCE ARTICLE; 5 | |
153 | 151 | ||
154 | - | Article – State Personnel and Pensions 8 | |
152 | + | (3) each year, recommend to the Governor the State share of the costs of 6 | |
153 | + | the Program; and 7 | |
155 | 154 | ||
156 | - | 2–502. 9 | |
155 | + | (4) make ongoing eligibility determinations to ensure that participation in 8 | |
156 | + | the Program does not impede, undermine, or conflict with federal compliance obligations or 9 | |
157 | + | government and cafeteria plan status. 10 | |
157 | 158 | ||
158 | - | ( | |
159 | - | ||
159 | + | (b) (1) The Secretary may arrange as the Secretary considers appropriate any 11 | |
160 | + | benefit option for inclusion in the Program. 12 | |
160 | 161 | ||
161 | - | (b) (1) The Program: 12 | |
162 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all 13 | |
163 | + | policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 14 | |
164 | + | after January 1, 2026. 15 | |
162 | 165 | ||
163 | - | (i) subject to the regulations adopted under § 2–503 of this subtitle, 13 | |
164 | - | shall encompass all units in the Executive, Judicial, and Legislative branches of State 14 | |
165 | - | government, including any unit with an independent personnel system; 15 | |
166 | - | ||
167 | - | (ii) shall include the health insurance benefit options established by 16 | |
168 | - | the Secretary; and 17 | |
169 | - | ||
170 | - | (iii) except as provided in paragraph (2) of this subsection, may 18 | |
171 | - | include any other benefit option that the Secretary considers appropriate. 19 | |
172 | - | ||
173 | - | 2–503. 20 | |
174 | - | ||
175 | - | (a) The Secretary shall: 21 | |
176 | - | ||
177 | - | (1) adopt regulations for the administration of the Program; 22 | |
178 | - | ||
179 | - | (2) ensure that the Program complies with: 23 | |
180 | - | ||
181 | - | (i) all federal and State laws governing employee benefit plans; 24 | |
182 | - | [and] 25 | |
183 | - | ||
184 | - | (ii) §§ 15–826, 15–826.1, 15–826.2, and, as applicable to 26 | |
185 | - | contraceptive drugs and devices, 15–831(a) through (d) of the Insurance Article; AND 27 | |
186 | - | ||
187 | - | (III) § 15–861 OF THE INSURANCE ARTICLE; 28 | |
188 | - | SENATE BILL 374 5 | |
189 | - | ||
190 | - | ||
191 | - | (3) each year, recommend to the Governor the State share of the costs of 1 | |
192 | - | the Program; and 2 | |
193 | - | ||
194 | - | (4) make ongoing eligibility determinations to ensure that participation in 3 | |
195 | - | the Program does not impede, undermine, or conflict with federal compliance obligations or 4 | |
196 | - | government and cafeteria plan status. 5 | |
197 | - | ||
198 | - | (b) (1) The Secretary may arrange as the Secretary considers appropriate any 6 | |
199 | - | benefit option for inclusion in the Program. 7 | |
200 | - | ||
201 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all 8 | |
202 | - | policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or 9 | |
203 | - | after January 1, 2026: 10 | |
204 | - | ||
205 | - | (a) Each county subject to § 9–114 of the Local Government Article, as enacted by 11 | |
206 | - | Section 1 of this Act, shall collect for calendar years 2026 and 2027 the following data: 12 | |
207 | - | ||
208 | - | (1) the number of firefighters eligible for the coverage required under § 13 | |
209 | - | 9–114 of the Local Government Article, as enacted by Section 1 of this Act; 14 | |
210 | - | ||
211 | - | (2) the number of firefighters provided preventive cancer screenings; 15 | |
212 | - | ||
213 | - | (3) the number of preventive cancer screenings that resulted in a cancer 16 | |
214 | - | diagnosis; and 17 | |
215 | - | ||
216 | - | (4) the cost to provide preventive cancer screenings, including: 18 | |
217 | - | ||
218 | - | (i) the average cost of providing preventive cancer screenings to a 19 | |
219 | - | firefighter; and 20 | |
220 | - | ||
221 | - | (ii) the total cost for providing preventive cancer screenings to 21 | |
222 | - | firefighters. 22 | |
223 | - | ||
224 | - | (b) On or before June 1, 2027, and June 1, 2028, each county subject to § 9–114 of 23 | |
225 | - | the Local Government Article, as enacted by Section 1 of this Act, shall report to the 24 | |
226 | - | Maryland Health Care Commission the data collected under subsection (a) of this section. 25 | |
227 | - | ||
228 | - | (c) (1) The Maryland Health Care Commission shall: 26 | |
229 | - | ||
230 | - | (i) study the impact of expanding the preventive cancer screenings 27 | |
231 | - | coverage required under § 9–114 of the Local Government Article, as enacted by Section 1 28 | |
232 | - | of this Act, to the commercial insurance market; and 29 | |
233 | - | ||
234 | - | (ii) on or before December 1, 2028, report the results of the study to 30 | |
235 | - | the General Assembly, in accordance with § 2–1257 of the State Government Article. 31 | |
236 | - | 6 SENATE BILL 374 | |
237 | - | ||
238 | - | ||
239 | - | (2) In completing the study required under paragraph (1)(i) of this 1 | |
240 | - | subsection, the Maryland Health Care Commission shall consider the data reported under 2 | |
241 | - | subsection (b) of this section. 3 | |
242 | - | ||
243 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 | |
244 | - | January 1, 2026. 5 | |
245 | - | ||
246 | - | ||
247 | - | ||
248 | - | ||
249 | - | Approved: | |
250 | - | ________________________________________________________________________________ | |
251 | - | Governor. | |
252 | - | ________________________________________________________________________________ | |
253 | - | President of the Senate. | |
254 | - | ________________________________________________________________________________ | |
255 | - | Speaker of the House of Delegates. | |
166 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this A ct shall take effect 16 | |
167 | + | January 1, 2026. 17 |