Maryland 2025 Regular Session

Maryland Senate Bill SB902 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.
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.
85 *sb0902*
96
107 SENATE BILL 902
118 J5, J4 5lr2854
129 CF HB 11
1310 By: Senator Augustine
1411 Introduced and read first time: January 28, 2025
1512 Assigned to: Finance
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 21, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Health Insurance – Access to Nonparticipating Providers – Referrals, Additional 2
2519 Assistance, and Coverage 3
2620
2721 FOR the purpose of repealing the termination date for certain provisions of law related to 4
2822 referrals to and reimbursement of specialists and nonphysician specialists who are 5
2923 not part of a carrier’s provider panel; requiring that a certain referral procedure 6
3024 required to be established and implemented by certain insurers, nonprofit health 7
3125 service plans, and health maintenance organizations require the carrier to provide 8
3226 certain assistance to a member in identifying and arranging coverage for a specialist 9
33-or nonphysician specialist for treatment of a mental health or substance use disorder 10
27+or nonphysician specialist for treatment of mental health or substance use disorder 10
3428 services; prohibiting certain carriers from imposing prior authorization 11
3529 requirements for scheduling, reimbursing, or continuing an established treatment 12
36-plan by certain nonparticipating providers utilization review requirements other 13
37-than what would be required if the covered benefit was provided by a provider on the 14
38-carrier’s provider panel under certain circumstances; requiring the Maryland Health 15
39-Care Commission to establish certain reimbursement rates for nonparticipating 16
40-providers; and generally relating to access to nonparticipating providers. 17
30+plan by certain nonparticipating providers; requiring the Maryland Health Care 13
31+Commission to establish certain reimbursement rates for nonparticipating 14
32+providers; and generally relating to access to nonparticipating providers. 15
4133
42-BY repealing and reenacting, without amendments, 18
43- Article – Insurance 19
44-Section 15–830(a) 20
45- Annotated Code of Maryland 21
46- (2017 Replacement Volume and 2024 Supplement) 22
34+BY repealing and reenacting, without amendments, 16
35+ Article – Insurance 17
36+Section 15–830(a) 18
37+ Annotated Code of Maryland 19
38+ (2017 Replacement Volume and 2024 Supplement) 20
4739
48-BY repealing and reenacting, with amendments, 23 2 SENATE BILL 902
40+BY repealing and reenacting, with amendments, 21
41+ Article – Insurance 22
42+Section 15–830(d) and (e) 23
43+ Annotated Code of Maryland 24
44+ (2017 Replacement Volume and 2024 Supplement) 25
4945
50-
51- Article – Insurance 1
52-Section 15–830(d) and (e) 2
53- Annotated Code of Maryland 3
54- (2017 Replacement Volume and 2024 Supplement) 4
55-
56-BY repealing and reenacting, with amendments, 5
57- Chapter 271 of the Acts of the General Assembly of 2022 6
58- Section 4 7
59-
60-BY repealing and reenacting, with amendments, 8
61- Chapter 272 of the Acts of the General Assembly of 2022 9
62- Section 4 10
63-
64- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65-That the Laws of Maryland read as follows: 12
66-
67-Article – Insurance 13
68-
69-15–830. 14
70-
71- (a) (1) In this section the following words have the meanings indicated. 15
72-
73- (2) “Carrier” means: 16
74-
75- (i) an insurer that offers health insurance other than long–term 17
76-care insurance or disability insurance; 18
77-
78- (ii) a nonprofit health service plan; 19
79-
80- (iii) a health maintenance organization; 20
81-
82- (iv) a dental plan organization; or 21
83-
84- (v) except for a managed care organization as defined in Title 15, 22
85-Subtitle 1 of the Health – General Article, any other person that provides health benefit 23
86-plans subject to State regulation. 24
87-
88- (3) (i) “Member” means an individual entitled to health care benefits 25
89-under a policy or plan issued or delivered in the State by a carrier. 26
90-
91- (ii) “Member” includes a subscriber. 27
92-
93- (4) “Nonphysician specialist” means a health care provider: 28
94-
95- (i) 1. who is not a physician; 29
96- SENATE BILL 902 3
97-
98-
99- 2. who is licensed or certified under the Health Occupations 1
100-Article; and 2
101-
102- 3. who is certified or trained to treat or provide health care 3
103-services for a specified condition or disease in a manner that is within the scope of the 4
104-license or certification of the health care provider; or 5
105-
106- (ii) that is licensed as a behavioral health program under § 7.5–401 6
107-of the Health – General Article. 7
108-
109- (5) (i) “Provider panel” means the providers that contract with a carrier 8
110-either directly or through a subcontracting entity to provide health care services to 9
111-enrollees of the carrier. 10
112-
113- (ii) “Provider panel” does not include an arrangement in which any 11
114-provider may participate solely by contracting with the carrier to provide health care 12
115-services at a discounted fee–for–service rate. 13
116-
117- (6) “Specialist” means a physician who is certified or trained to practice in 14
118-a specified field of medicine and who is not designated as a primary care provider by the 15
119-carrier. 16
120-
121- (d) (1) Each carrier shall establish and implement a procedure by which a 17
122-member may request a referral to a specialist or nonphysician specialist who is not part of 18
123-the carrier’s provider panel in accordance with this subsection. 19
124-
125- (2) The procedure shall provide for a referral to a specialist or nonphysician 20
126-specialist who is not part of the carrier’s provider panel if: 21
127-
128- (i) 1. the member is diagnosed with OR SEEKING CARE FOR a 22
129-condition or disease that requires specialized health care services or medical care; and 23
130-
131- (ii) 1. 2. A. the carrier does not have in its provider panel a 24
132-specialist or nonphysician specialist with the professional training and expertise to treat or 25
133-provide health care services for the condition or disease; or 26
134-
135- 2. B. the carrier cannot provide reasonable access to a specialist 27
136-or nonphysician specialist with the professional training and expertise to treat or provide 28
137-health care services for the condition or disease [without unreasonable delay or travel], 29
138-INCLUDING WITHIN THE REASONABL E APPOINTMENT WAITIN G TIME AND TRAVEL 30
139-DISTANCE STANDARDS E STABLISHED IN REGULA TION FOR MENTAL HEALTH AN D 31
140-SUBSTANCE USE DISORD ER SERVICES; OR 32
141-
142- (II) 1. THE MEMBER IS SEEKING MENTAL HEALT H OR 33
143-SUBSTANCE USE DISORD ER CARE; AND 34
144- 4 SENATE BILL 902
145-
146-
147- 2. THE CARRIER CANNOT P ROVIDE REASONABLE 1
148-ACCESS TO A SPECIALI ST OR NONPHYSICIAN S PECIALIST WITHIN THE REASONABLE 2
149-APPOINTMENT WAITING TIME AND TRAVEL DIST ANCE STANDARDS ESTAB LISHED IN 3
150-REGULATION FOR MENTAL HEALTH AN D SUBSTANCE USE DISO RDER SERVICES . 4
151-
152- (3) The procedure shall ensure that a request to obtain a referral to a 5
153-specialist or nonphysician specialist who is not part of the carrier’s provider panel is 6
154-addressed in a timely manner that is: 7
155-
156- (i) appropriate for the member’s condition; and 8
157-
158- (ii) in accordance with the timeliness requirements for 9
159-determinations made by private review agents under § 15–10B–06 of this title. 10
160-
161- (4) IF A MEMBER CANNOT AC CESS MENTAL HEALTH O R SUBSTANCE 11
162-USE DISORDER SERVICES TH ROUGH THE REFERRAL R EQUIREMENTS UNDER 12
163-PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE PROCEDURE SHALL REQUIRE 13
164-THE CARRIER TO PROVI DE ADDITIONAL ASSIST ANCE TO THE MEMBER I N 14
165-IDENTIFYING AND ARRA NGING COVERAGE OF ME NTAL HEALTH OR SUBST ANCE USE 15
166-DISORDER SERVICES BY A SPECIALIST OR NONP HYSICIAN SPECIALIST WHO IS NOT 16
167-PART OF THE CARRIER ’S PROVIDER PANEL . 17
168-
169- (5) THE PROCEDURE MAY NOT REQUIRE PRIOR AUTHOR IZATION FOR 18
170-PURPOSES OF: 19
171-
172- (I) SCHEDULING AN APPOIN TMENT WITH A SPECIAL IST OR 20
173-NONPHYSICIAN SPECIALIST WHO IS NO T PART OF THE CARRIE R’S PROVIDER PANEL ; 21
174-
175- (II) REIMBURSING A SPECIA LIST OR NONPHYSICIAN SPECIALIST 22
176-WHO IS NOT PART OF T HE CARRIER’S PROVIDER PANEL ; OR 23
177-
178- (III) CONTINUING AN ESTABL ISHED TREATMENT PLAN WITH A 24
179-SPECIALIST OR NONPHY SICIAN SPECIALIST WHO IS NOT PART OF THE CARR IER’S 25
180-PROVIDER PANEL IF A CARRIER APPROVES A MEMBER’S REQUEST FOR A REFE RRAL 26
181-MADE IN ACCORDANCE W ITH THIS SUBSECTION , THE CARRIER MAY NOT REQUIRE 27
182-UTILIZATION REVIEW O THER THAN WHAT WOULD BE REQUIRED IF THE C OVERED 28
183-BENEFIT WERE PROVIDED BY A PROVIDER ON THE CARRIER’S PROVIDER PANEL . 29
184-
185- [(4)] (6) The procedure may not be used by a carrier as a substitute for 30
186-establishing and maintaining a sufficient provider network in accordance with § 15–112 of 31
187-this title. 32
188-
189- [(5)] (7) Each carrier shall: 33
190- SENATE BILL 902 5
191-
192-
193- (i) have a system in place that documents all requests to obtain a 1
194-referral to receive a covered service from a specialist or nonphysician specialist who is not 2
195-part of the carrier’s provider panel; 3
196-
197- (ii) inform members of the procedure to request a referral under 4
198-paragraph (1) of this subsection; and 5
199-
200- (iii) provide the information documented under item (i) of this 6
201-paragraph to the Commissioner on request. 7
202-
203- (e) (1) Except as provided in paragraph (2) of this subsection, for purposes of 8
204-calculating any deductible, copayment amount, or coinsurance payable by the member, a 9
205-carrier shall treat services received in accordance with subsection (d) of this section as if 10
206-the service was provided by a provider on the carrier’s provider panel. 11
207-
208- (2) A carrier shall ensure that services received in accordance with 12
209-subsection (d) of this section for mental health or substance use disorders are provided FOR 13
210-THE DURATION OF THE TREATMENT PLAN at no greater cost to the covered individual 14
211-than if the covered benefit were provided by a provider on the carrier’s provider panel. 15
212-
213- (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AND 16
214-NOT LATER THAN JANUARY 1, 2026, THE MARYLAND HEALTH CARE COMMISSION 17
215-SHALL ESTABLISH A RE IMBURSEMENT FORMU LA TO DETERMINE THE 18
216-REIMBURSEMENT RATE F OR NONPARTICIPATING PROVIDERS WHO DELIVE R 19
217-SERVICES UNDER PARAG RAPH (2) OF THIS SUBSECTION . 20
218-
219- (II) THE MARYLAND HEALTH CARE COMMISSION SHALL HOLD 21
220-PUBLIC MEETINGS WITH CARRIERS, MENTAL HEALTH AND SU BSTANCE USE 22
221-DISORDER PROVIDERS , CONSUMERS OF MENTAL HEALTH AND SUBSTANCE USE 23
222-DISORDER SERVICES , AND OTHER INTERESTED PARTIES TO DETERMINE THE 24
223-REIMBURSEMENT FORMUL A. 25
224-
225- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
226-as follows: 27
227-
228-Chapter 271 of the Acts of 2022 28
229-
230- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
231-1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 30
232-this Act, with no further action required by the General Assembly, shall be abrogated and 31
233-of no further force and effect.] 32
234-
235-Chapter 272 of the Acts of 2022 33
236-
237- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34
238-1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 35 6 SENATE BILL 902
239-
240-
241-this Act, with no further action required by the General Assembly, shall be abrogated and 1
242-of no further force and effect.] 2
243-
244- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 3
245-apply to all policies, contracts, and health benefit plans issued, delivered, or renewed in the 4
246-State on or after January 1, 2026. 5
247-
248- SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 6
249-effect January 1, 2026. 7
250-
251- SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 8
252-4 of this Act, this Act shall take effect June 1, 2025. 9
46+BY repealing and reenacting, with amendments, 26
47+ Chapter 271 of the Acts of the General Assembly of 2022 27
48+ Section 4 28 2 SENATE BILL 902
25349
25450
25551
52+BY repealing and reenacting, with amendments, 1
53+ Chapter 272 of the Acts of the General Assembly of 2022 2
54+ Section 4 3
25655
257-Approved:
258-________________________________________________________________________________
259- Governor.
260-________________________________________________________________________________
261- President of the Senate.
262-________________________________________________________________________________
263- Speaker of the House of Delegates.
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
58+
59+Article – Insurance 6
60+
61+15–830. 7
62+
63+ (a) (1) In this section the following words have the meanings indicated. 8
64+
65+ (2) “Carrier” means: 9
66+
67+ (i) an insurer that offers health insurance other than long–term 10
68+care insurance or disability insurance; 11
69+
70+ (ii) a nonprofit health service plan; 12
71+
72+ (iii) a health maintenance organization; 13
73+
74+ (iv) a dental plan organization; or 14
75+
76+ (v) except for a managed care organization as defined in Title 15, 15
77+Subtitle 1 of the Health – General Article, any other person that provides health benefit 16
78+plans subject to State regulation. 17
79+
80+ (3) (i) “Member” means an individual entitled to health care benefits 18
81+under a policy or plan issued or delivered in the State by a carrier. 19
82+
83+ (ii) “Member” includes a subscriber. 20
84+
85+ (4) “Nonphysician specialist” means a health care provider: 21
86+
87+ (i) 1. who is not a physician; 22
88+
89+ 2. who is licensed or certified under the Health Occupations 23
90+Article; and 24
91+
92+ 3. who is certified or trained to treat or provide health care 25
93+services for a specified condition or disease in a manner that is within the scope of the 26
94+license or certification of the health care provider; or 27
95+
96+ (ii) that is licensed as a behavioral health program under § 7.5–401 28
97+of the Health – General Article. 29 SENATE BILL 902 3
98+
99+
100+
101+ (5) (i) “Provider panel” means the providers that contract with a carrier 1
102+either directly or through a subcontracting entity to provide health care services to 2
103+enrollees of the carrier. 3
104+
105+ (ii) “Provider panel” does not include an arrangement in which any 4
106+provider may participate solely by contracting with the carrier to provide health care 5
107+services at a discounted fee–for–service rate. 6
108+
109+ (6) “Specialist” means a physician who is certified or trained to practice in 7
110+a specified field of medicine and who is not designated as a primary care provider by the 8
111+carrier. 9
112+
113+ (d) (1) Each carrier shall establish and implement a procedure by which a 10
114+member may request a referral to a specialist or nonphysician specialist who is not part of 11
115+the carrier’s provider panel in accordance with this subsection. 12
116+
117+ (2) The procedure shall provide for a referral to a specialist or nonphysician 13
118+specialist who is not part of the carrier’s provider panel if: 14
119+
120+ (i) the member is diagnosed with OR SEEKING CARE FOR a 15
121+condition or disease that requires specialized health care services or medical care; and 16
122+
123+ (ii) 1. the carrier does not have in its provider panel a specialist 17
124+or nonphysician specialist with the professional training and expertise to treat or provide 18
125+health care services for the condition or disease; or 19
126+
127+ 2. the carrier cannot provide reasonable access to a specialist 20
128+or nonphysician specialist with the professional training and expertise to treat or provide 21
129+health care services for the condition or disease [without unreasonable delay or travel] 22
130+WITHIN THE REASONABL E APPOINTMENT WAITIN G TIME AND TRAVEL DI STANCE 23
131+STANDARDS ESTABLISHE D IN REGULATION . 24
132+
133+ (3) The procedure shall ensure that a request to obtain a referral to a 25
134+specialist or nonphysician specialist who is not part of the carrier’s provider panel is 26
135+addressed in a timely manner that is: 27
136+
137+ (i) appropriate for the member’s condition; and 28
138+
139+ (ii) in accordance with the timeliness requirements for 29
140+determinations made by private review agents under § 15–10B–06 of this title. 30
141+
142+ (4) IF A MEMBER CANNOT AC CESS MENTAL HEALTH OR SUBSTA NCE 31
143+USE DISORDER SERVICE S THROUGH THE REFERR AL REQUIREMENTS UNDE R 32
144+PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE PROCEDURE SHALL REQUIRE 33
145+THE CARRIER TO PROVI DE ADDITIONAL ASSIST ANCE TO THE MEMBER I N 34 4 SENATE BILL 902
146+
147+
148+IDENTIFYING AND ARRA NGING COVERAGE OF MENTAL HEALTH OR SUB STANCE USE 1
149+DISORDER SERVICES BY A SPECIALIST OR NONP HYSICIAN SPECIALIST WHO IS NOT 2
150+PART OF THE CARRIER ’S PROVIDER PANEL . 3
151+
152+ (5) THE PROCEDURE MAY NOT REQUIRE PRIOR AUTHOR IZATION FOR 4
153+PURPOSES OF: 5
154+
155+ (I) SCHEDULING AN APPOIN TMENT WITH A SPECIALIST OR 6
156+NONPHYSICIAN SPECIAL IST WHO IS NOT PART OF THE CARRIER ’S PROVIDER PANEL ; 7
157+
158+ (II) REIMBURSING A SPECIA LIST OR NONPHYSICIAN SPECIALIST 8
159+WHO IS NOT PART OF T HE CARRIER’S PROVIDER PANEL ; OR 9
160+
161+ (III) CONTINUING AN ESTABL ISHED TREATMENT PLAN WITH A 10
162+SPECIALIST OR NONPHY SICIAN SPECIALIST WH O IS NOT PART OF THE CARRIER’S 11
163+PROVIDER PANEL . 12
164+
165+ [(4)] (6) The procedure may not be used by a carrier as a substitute for 13
166+establishing and maintaining a sufficient provider network in accordance with § 15–112 of 14
167+this title. 15
168+
169+ [(5)] (7) Each carrier shall: 16
170+
171+ (i) have a system in place that documents all requests to obtain a 17
172+referral to receive a covered service from a specialist or nonphysician specialist who is not 18
173+part of the carrier’s provider panel; 19
174+
175+ (ii) inform members of the procedure to request a referral under 20
176+paragraph (1) of this subsection; and 21
177+
178+ (iii) provide the information documented under item (i) of this 22
179+paragraph to the Commissioner on request. 23
180+
181+ (e) (1) Except as provided in paragraph (2) of this subsection, for purposes of 24
182+calculating any deductible, copayment amount, or coinsurance payable by the member, a 25
183+carrier shall treat services received in accordance with subsection (d) of this section as if 26
184+the service was provided by a provider on the carrier’s provider panel. 27
185+
186+ (2) A carrier shall ensure that services received in accordance with 28
187+subsection (d) of this section for mental health or substance use disorders are provided FOR 29
188+THE DURATION OF THE TREATMENT PLAN at no greater cost to the covered individual 30
189+than if the covered benefit were provided by a provider on the carrier’s provider panel. 31
190+
191+ (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AND 32
192+NOT LATER THAN JANUARY 1, 2026, THE MARYLAND HEALTH CARE COMMISSION 33 SENATE BILL 902 5
193+
194+
195+SHALL ESTABLISH A REIMBURSEMENT FORM ULA TO DETERMINE THE 1
196+REIMBURSEMENT RATE F OR NONPARTICIPATING PROVIDERS WHO DELIVE R 2
197+SERVICES UNDER PARAG RAPH (2) OF THIS SUBSECTION . 3
198+
199+ (II) THE MARYLAND HEALTH CARE COMMISSION SHALL HOLD 4
200+PUBLIC MEETINGS WITH CARRIERS, MENTAL HEALTH AN D SUBSTANCE USE 5
201+DISORDER PROVIDERS , CONSUMERS OF MENTAL HEALTH AND SUBSTANCE USE 6
202+DISORDER SERVICES , AND OTHER INTERESTED PARTIES TO DETERMINE THE 7
203+REIMBURSEMENT FORMUL A. 8
204+
205+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
206+as follows: 10
207+
208+Chapter 271 of the Acts of 2022 11
209+
210+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
211+1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 13
212+this Act, with no further action required by the General Assembly, shall be abrogated and 14
213+of no further force and effect.] 15
214+
215+Chapter 272 of the Acts of 2022 16
216+
217+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
218+1, 2022. [It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 18
219+this Act, with no further action required by the General Assembly, shall be abrogated and 19
220+of no further force and effect.] 20
221+
222+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 21
223+apply to all policies, contracts, and health benefit plans issued, delivered, or renewed in the 22
224+State on or after January 1, 2026. 23
225+
226+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 24
227+effect January 1, 2026. 25
228+
229+ SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 26
230+4 of this Act, this Act shall take effect June 1, 2025. 27
231+