Below is the relevant legislation related to parity that has been introduced during the current or recently adjourned legislative session. State parity legislation passed in any state since 2008 is usually designed to increase compliance with the federal law and to strengthen state laws.
Primary Focus: General: Parity Title/Description: MH/SUD Coverage Requirements for Short Term Limited Duration Insurance Citation: S28 Introduced: 11-15-2018 Sponsor: Finance Committee by request of the Maryland Insurance Administration Status: Signed by the Governor 4/18/2019 Summary: This bill amends the Annotated Code of Maryland §15-802 to include in the definition of a “health benefit plan” short term limited duration insurance for the purposes of coverage requirements for the diagnosis and treatment of MH and SUD. Notes: None
Primary Focus: Compliance: Reporting Requirement; Enforcement; Medical Management Limitation
Title/Description: Coverage for Mental Health Benefits and Substance Use Disorder Benefits – Requirements and Reports Citation:HB 599 / SB 631 Introduced: 2/6/2019; 2/4/2019 Sponsor: Del. Kelly (D) Status: Signed by the Governor 4/30/2019 Summary: HB 599 and SB 631 amends section 15-802 by adding a new subsection to require insurers, nonprofit health service plans, or health maintenance organizations to use ASAM criteria for medical necessity and utilization management determinations for substance use disorder benefit claims. Notes: N/A
Status: Included in HB 1329/SB 967 (signed into law) Summary: This bill tried to add a new section to the state insurance code that requires individual and group health plans to cover at least one opioid overdose reversal medication that does not require prior authorization. The exact same language in this bill is included in HB 1329/SB 967, which was signed into law.
Status: Withdrawn 1/2016 Summary: This bill tried to change a section of the state Medicaid law so that substance use disorder treatment would no longer be covered by managed care organizations that cover medical care and primary mental health care but instead be covered by the payment system that covers specialty mental health care for Medicaid enrollees.
Bill Sponsor: Dels. Rosenberg, Angel, Bromwell, Cullison, Hill, Kelly, Morhaim, Oaks, Pena-Melnyk, Pendergrass, Sample-Hughes, West, K. Young and Sen. Kelley
Status: Withdrawn 3/2016 Summary: This bill tried to require the Governor to appropriate funding for the 2018 budget and subsequent years to provide wraparound mental health services for children who were not eligible for such services under the 1915(i) Medicaid waiver program or for children who were receiving wraparound services under that program but were at risk for losing access to the services.
Status: Withdrawn 2/2015 Summary: This bill tried to prohibit certain health insurers from making consumers with behavioral health conditions pay different copayments , deductibles , or coinsurance requirements for brand-name medication than what are in place for generic medications . Insurers would have been required to cover brand name prescription medication for mental illness if a similar generic medication has been ineffective or harmful to the person taking it.
Bill Sponsor: Del. Haynes et al. and Sen. Klausmeier
Status: Withdrawn 4/2015 Summary: This bill would have made delivery of the Maryland Medical Assistance Program line up with the Federal Parity Law and Maryland parity laws. The bill would have required the Department of Health and Mental Hygiene to use certain standards in determining compliance with the law. The bill would have required the Department of Health and Mental Hygiene to use certain criteria in determining medical necessity for substance use disorder services.
Status: Withdrawn 4/2015 Summary: This bill would have required insurance plans to submit a report to the Maryland Insurance Commissioner certifying and outlining how certain plans comply with The Federal Parity Law and the state parity law. The report would have needed to include information on compliance with parity laws. The report would have been public record. The bill would have established penalties for certain violations.
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