MedChi Monthly Legislative Update (September 2023)
MedChi Monthly Legislative Report 2023 (September)
Bills Effective October 1, 2023
BOARDS AND COMMISSIONS
Senate Bill 213/House Bill 278: Health Occupations – Clinical Nurse Specialists – Prescribing
allows Clinical Nurse Specialists to prescribe.
Senate Bill 375/House Bill 453: State Board of Physicians – Inactive and Emeritus Status allows
certain physicians who no longer actively practice to be recognized by the Board as “Emeritus” rather
than “inactive” when certain qualifications are satisfied.
Senate Bill 258/House Bill 633: Hospital Credentialing – Reappointment Process for Physician
Staff – Modifications removes an outdated statutory requirement for hospitals to re-credential physicians
every 2 years and allows re-credentialing to occur every 3 years, consistent with the interval for hospital
House Bill 1156: Pharmacists – Therapy Management Contract – Form allows these contracts to
be entered into electronically, or orally provided that any initial oral agreement must be reduced to writing
(or recorded electronically) within 30 days.
Senate Bill 187/House Bill 454: Health Occupations – Licenses, Certificates, and Registrations –
Lawful Presence and Identification Numbers prohibits a health occupations board from requiring that an
applicant provide proof that they are lawfully present in the United States or have a Social Security number
or Individual Taxpayer Identification Number as a condition for licensure, certification, or registration.
Senate Bill 678/House Bill 1151: Health Insurance – Reimbursement for Services Rendered by a
Pharmacist requires that Medicaid, the Maryland Children’s Health Program, and commercial health
insurance carriers provide coverage for services rendered by a licensed pharmacist acting within the
pharmacist’s scope of practice to the same extent as services rendered by any other licensed health care
providers. ** Note: Commercial insurance changes take effect January 1, 2024.
Senate Bill 724: Health Insurance Carriers – Requirements for Internal Grievance Process –
Modification requires a carrier to inform either orally by telephone (as under current law) or – with the
recipient’s consent – by text, facsimile, electronic mail, online portal, or other expedited means a denial.
A written follow-up must still be sent within five days.
Senate Bill 101/House Bill 48: Maryland Medical Assistance Program – Collaborative Care Model
Services – Implementation and Reimbursement Expansion requires Medicaid reimbursement for
behavioral health services delivered in primary care settings through the Collaborative Care Model.
Senate Bill 581: Behavioral Health Care Coordination Value-Based Purchasing Pilot Program
establishes the Behavioral Health Value-Based Purchasing Pilot Program to provide person-centered,
team-based services designed to assess and meet the needs of an individual with a behavioral health
condition and help the individual navigate the healthcare system.
Senate Bill 582/House Bill 1148: Behavioral Health Care – Treatment and Access (Behavioral
Health Model for Maryland) is an omnibus bill and as amended, (1) establishes a Commission on
Behavioral Health Care Treatment and Access; (2) creates a Behavioral Health Care Coordination Value Based Purchasing Pilot Program; (3) extends for two years provisions relating to telehealth services; (4) requires MHCC to study and make recommendations regarding telehealth; and (5) requires MDH to apply
for federal grant funds and inclusion in the state certified community behavioral health clinic demonstration program.
Senate Bill 460/House Bill 283: Maryland Medical Assistance Program – Gender-Affirming
Treatment (Trans Health Equity Act) addresses the Medicaid program gender-affirming treatment. By
prohibiting Medicaid from excluding gender-affirming treatment on the basis that the treatment is a
cosmetic service and could not issue an adverse benefit determination denying or limiting access to
gender-affirming treatment unless a health care provider with experience prescribing or delivering gender affirming treatment had reviewed and confirmed the appropriateness of the adverse benefit determination.
Senate Bill 26/House Bill 111: Maryland Medical Assistance Program, Maryland Children’s
Health Program, and Workgroup on Low-Income Utility Assistance requires MDH, by January 1, 2025,
to establish an express lane eligibility program to enroll individuals in Medicaid and the Maryland
Children’s Health Program based on eligibility findings by the Supplemental Nutrition Assistance
Senate Bill 188/House Bill 302: Public Health – Rare Disease Advisory Council establishes a Rare
Disease Advisory Council to enhance research and provide policy recommendations on matters related to
individuals living with rare diseases in the State.
Senate Bill 644: Maternal Mortality Review Program – Local Teams – Access to Information and
Records provides Baltimore City direct access to records within certain requirements.