Maryland 2025 Regular Session

Maryland Senate Bill SB830 Latest Draft

Bill / Engrossed Version Filed 03/11/2025

                             
 
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. 
          *sb0830*  
  
SENATE BILL 830 
K1   	5lr3248 
      
By: Senator Hayes 
Introduced and read first time: January 28, 2025 
Assigned to: Finance 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 21, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Workers’ Compensation – Claims Application Form – Authorization for Release 2 
of Information 3 
 
FOR the purpose of altering the entities to which and the information of which a claimant 4 
is required to authorize the release in a claim application filed with the Workers’ 5 
Compensation Commission; and generally relating to the authorization for the 6 
release of information related to workers’ compensation claims.  7 
 
BY repealing and reenacting, with amendments, 8 
 Article – Labor and Employment 9 
Section 9–709(a), 9–710(b), and 9–711(a) 10 
 Annotated Code of Maryland 11 
 (2016 Replacement Volume and 2024 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Labor and Employment 15 
 
9–709. 16 
 
 (a) (1) Except as provided in subsection (c) of this section and § 9–504 of this 17 
title, if a covered employee suffers an accidental personal injury, the covered employee, 18 
within 60 days after the date of the accidental personal injury, shall file with the 19 
Commission: 20  2 	SENATE BILL 830  
 
 
 
 (i) a claim application form; and 1 
 
 (ii) if the covered employee was attended by a physician chosen by 2 
the covered employee, the report of the physician. 3 
 
 (2) (i) A claim application form filed under paragraph (1) of this 4 
subsection shall include an authorization by the claimant for the release, to the claimant’s 5 
attorney, THE UNINSURED EMPLOYERS’ FUND, THE SUBSEQUENT INJURY FUND, the 6 
claimant’s employer, and the insurer of the claimant’s employer, or an agent of the 7 
claimant’s attorney, THE UNINSURED EMPLOYERS’ FUND, THE SUBSEQUENT INJURY 8 
FUND, the claimant’s employer, or the insurer of the claimant’s employer, of medical AND 9 
FINANCIAL information that [is] MAY BE relevant to: 10 
 
 1. the member of the body that was injured, as indicated on 11 
the claim application form; and 12 
 
 2. the description of how the accidental personal injury 13 
occurred, as indicated on the claim application form. 14 
 
 (ii) An authorization under subparagraph (i) of this paragraph: 15 
 
 1. includes the release of information relating to the history, 16 
findings, office and patient charts, files, examination and progress notes, [and] physical 17 
evidence, AND ADDITIONAL CLAIM S FILED BY THE CLAIM ANT; 18 
 
 2. INCLUDES THE RELEASE OF INFORMATION IN TH E 19 
CUSTODY OF THE COMMISSION; 20 
 
 [2.] 3. is effective for 1 year from the date the claim is filed; and 21 
 
 [3.] 4. does not restrict the redisclosure of medical information or 22 
written material relating to the authorization to a medical manager, health care 23 
professional, or certified rehabilitation practitioner. 24 
 
9–710. 25 
 
 (b) (1) If a covered employee dies from an accidental personal injury, the 26 
dependents of the covered employee or an individual on their behalf shall, within 18 months 27 
after the date of death, file with the Commission: 28 
 
 (i) a claim application form; 29 
 
 (ii) proof of death; 30 
   	SENATE BILL 830 	3 
 
 
 (iii) certificates of any physician who attended the covered employee; 1 
and 2 
 
 (iv) any other proof that the Commission may require by regulation. 3 
 
 (2) (i) A claim application form filed under paragraph (1) of this 4 
subsection shall include an authorization by the claimant for the release, to the claimant’s 5 
attorney, THE UNINSURED EMPLOYERS’ FUND, THE SUBSEQUENT INJURY FUND, the 6 
covered employee’s employer, and the insurer of the covered employee’s employer, or an 7 
agent of the claimant’s attorney, THE UNINSURED EMPLOYERS’ FUND, THE 8 
SUBSEQUENT INJURY FUND, the covered employee’s employer, or the insurer of the 9 
covered employee’s employer, of medical AND FINANCIAL information that [is] MAY BE 10 
relevant to: 11 
 
 1. the member of the body that was injured, as indicated on 12 
the claim application form; and 13 
 
 2. the description of how the accidental personal injury 14 
occurred, as indicated on the claim application form. 15 
 
 (ii) An authorization under subparagraph (i) of this paragraph: 16 
 
 1. includes the release of information relating to the history, 17 
findings, office and patient charts, files, examination and progress notes, [and] physical 18 
evidence, AND ADDITIONAL CLAIM S FILED BY THE CLAIM ANT; 19 
 
 2. INCLUDES THE RELEASE OF INFORMATION IN TH E 20 
CUSTODY OF THE COMMISSION; 21 
 
 [2.] 3. is effective for 1 year from the date the claim is filed; and 22 
 
 [3.] 4. does not restrict the redisclosure of medical information or 23 
written material relating to the authorization to a medical manager, health care 24 
professional, or certified rehabilitation practitioner. 25 
 
9–711. 26 
 
 (a) (1) If a covered employee suffers a disablement or death as a result of an 27 
occupational disease, the covered employee or the dependents of the covered employee shall 28 
file a claim application form with the Commission within 2 years, or in the case of 29 
pulmonary dust disease within 3 years, after the date: 30 
 
 (i) of disablement or death; or 31 
 
 (ii) when the covered employee or the dependents of the covered 32 
employee first had actual knowledge that the disablement was caused by the employment. 33  4 	SENATE BILL 830  
 
 
 
 (2) (i) A claim application form filed under paragraph (1) of this 1 
subsection shall include an authorization by the claimant for the release, to the claimant’s 2 
attorney, THE UNINSURED EMPLOYERS’ FUND, THE SUBSEQUENT INJURY FUND, the 3 
claimant’s or covered employee’s employer, and the insurer of the claimant’s or covered 4 
employee’s employer, or an agent of the claimant’s attorney, THE UNINSURED 5 
EMPLOYERS’ FUND, THE SUBSEQUEN T INJURY FUND, the claimant’s or covered 6 
employee’s employer, or the insurer of the claimant’s or covered employee’s employer, of 7 
medical AND FINANCIAL information that [is] MAY BE relevant to: 8 
 
 1. the member of the body that was injured, as indicated on 9 
the claim application form; and 10 
 
 2. the description of how the occupational disease occurred, 11 
as indicated on the claim application form. 12 
 
 (ii) An authorization under subparagraph (i) of this paragraph: 13 
 
 1. includes the release of information relating to the history, 14 
findings, office and patient charts, files, examination and progress notes, [and] physical 15 
evidence, AND ADDITIONAL CLAIM S FILED BY THE CLAIM ANT; 16 
 
 2. INCLUDES THE RELEASE OF INFORMATION IN TH E 17 
CUSTODY OF THE COMMISSION; 18 
 
 [2.] 3. is effective for 1 year from the date the claim is filed; and 19 
 
 [3.] 4. does not restrict the redisclosure of medical information or 20 
written material relating to the authorization to a medical manager, health care 21 
professional, or certified rehabilitation practitioner.  22 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 
October 1, 2025.  24 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.