2019 Session Recap

Bills MPS Supports 

Please click here for more information on the bills below, including MPS position statements.

  • HB0015: Pediatric Autoimmune Neuropsychiatric Coverage (Update: Unfavorable Report by Health and Government Operations; Bill withdrawn)
  • HB0077/SB0399: Decriminalization Attempted Suicide (Update: Bill becomes law October 1, 2019)
  • HB0148/SB0165: Safe Schools Maryland Act of 2019 (Update: The bill passed both chambers, but Senate did not confirm -thus this bill will not become law)
  • HB0599/ SB0631: Required Compliance Reports (Update: The Governor signed HB 599/SB 631 into law on April 30, 2019. It will become effective on January 1, 2020)
  • HB0605/SB0524: Telemedicine Psychiatric Nurse Practitioners (Update: MPS and Medchi both opposed this legislation to no avail.  The bill takes effect on October 1, 2019)
  • HB0751: Prior Authorization – Requirements (Update: Takes effect on January 1, 2020)
  • HB0837/ SB0761: Payments to Noncontracting Specialists (Update: While neither sponsor formally withdrew this bill, no formal action will be taken this year)
  • HB0941: Public Behavioral Health System – Workgroup (Update: Unfavorable Report by Health and Government Operations; Withdrawn)
  • HB1007/SB0739: Child Advocacy Centers – Expansion (Update: Signed into law by the Governor on April 18, 2019. Effective date July 1, 2019)
  • HB1200: Telepsychiatry – Requirements (Update: Unfavorable Report by Health and Government Operations; Withdrawn)
  • SB0028: Behavioral Health Disorders – Short-Term Insurance (Update: Bill was signed into law by the Governor on April 18, 2019 and will become effective on October 1, 2019.)
  • SB0506: Needs Assessment Studies (Update: Bill did not move from the Senate)
  • SB0528/HB1170: Behavioral Health Services Matching Grants (Update: Bill did not move from the Senate)
  • SB0178/HB570: Behavioral Health – Medical Directors – Telehealth (Update: SB 28 will become effective on October 1, 2019)

Bills MPS Opposes

Please click here for more information on the bills below, including MPS position statements.

  • HB0018: Medical Cannabis – Certifying Providers  (Update: Bill did not move forward after amendments)
  • HB0033/SB0893: Medical Cannabis – Opioid Use Disorder (Update: The amended version of the bill passed successfully out of the Senate but stalled along with HB 33 in the House Health and Government Operations Committee)
  • HB0897: Psychiatric Hospitals – Units Licensed as Limited Private Inpatient Facilities (Update: Unfavorable Report by Health and Government Operations; Withdrawn)
  • HB0938: Behavioral Health Transformation Act of 2019 (Update: Unfavorable Report by Health and Government Operations; Withdrawn)
  • HB1069: Child Abuse and Neglect – Required Reporting (Update: Withdrawn)
  • HB1122: Outpatient Mental Health Centers Medical Directors (Update: MPS and Medchi both opposed this legislation to no avail.  The bill takes effect on October 1, 2019)
  • SB0311/HB0399: End-of-Life Option Act (Update: Failed in the Senate after a dramatic deadlock vote on the second reader)
  • HB0306/SB402: Inmate Involuntary Admission (Update: Bill did not move from the Senate)
  • SB482/HB846: Maryland Medical Assistance Program – Managed Care Organizations – Behavioral Health Services (Update: Unfavorable Report by Finance; Withdrawn)
  • SB0302:Electroconvulsive Therapy for Minors – Prohibition (Update: Bill did not move from the Senate)
  • SB0568/HB0787: Child Abuse and Neglect – Failure to Report (Update:  Amended version of the bill signed into law by Governor Hogan on 4/18/19 and takes effect on October 1, 2019)
  • SB0746/HB0693: Correctional Facilities Mental Screening (Update: Unfavorable Report by Judicial Proceedings)
  • SB0789/HB1204 – Involuntary Commitment Admission Procedures (Update: Bill did not move from the Senate)
  • SB635: Involuntary Admissions Procedures (Update: Bill did not move from the Senate)

Bills MPS Supports With Amendments

  • HB 419/SB 577: Pharmacists – Administering Injectable Meds (Update: Bill did not move from the Senate)
  • HB427/SB0403: BHA Outpatient Civil Commitment Expansion (Update:  Amended version of the bill signed into law by Governor Hogan on 4/30/19 and takes effect on October 1, 2019)
  • HB626/SB649: Certificate of Need Exemption (Update:  Amended version of the bill signed into law by Governor Hogan on 5/13/19 and took effect upon enactment)
  • HB783/SB0993: Task Force Behavioral and Mental Health in MD (Update: Bill did not move from the House)
  • HB852 Task Force on the Premature Discharge of Patients With Substance Use Disorders (Update: Bill was withdrawn by sponsor)
  • HB1182: Reduce Mental Illness in Corrections Facilities (Update: Bill was withdrawn by sponsor)
  • SB521: Veteran Suicide Prevention – Action Plan (Update:  Amended version of the bill signed into law by Governor Hogan on 4/18/19 and takes effect July 1, 2019)

 

Other Bills Of Note:

(Please click here to look up bills by number)

Senate Bill 773 Health Care Malpractice Qualified Expert – Qualification (passed) defines the term “professional activities,” increases the amount of time one can spend as an expert from 20% to 25%, provides for the time period during which the 25% is computed, establishes that once the expert is qualified in the case they remain qualified, and sets rules for when and whether the case can be re-filed if the expert is determined to not comply with the Rule.

 

Senate Bill 813 Personal Injury or Wrongful Death – Non-Economic Damages (failed), which would have raised the cap based on the number of beneficiaries in wrongful death cases, in some cases by as much as 300% of the existing cap.

 

House Bill 1323/Senate Bill 784 Civil Actions – Health Care Malpractice Claims (Life Care Act 2019) (failed), which would have specified the method by which an award or a verdict for future medical expenses must be calculated.

 

Senate Bill 322 Medical Malpractice – Notice of Intent to File Claim (failed), which would have required a claimant to send a health care provider written notice of the claimant’s intent to file a medical injury claim against the health care provider at least 90 days before filing the claim.

 

Senate Bill 323 Medical Malpractice – Discovery (failed), which sought to clarify that the discovery available as to the basis of a certificate of a qualified expert in a health care malpractice action includes a deposition of the attesting expert.

 

Senate Bill 195/House Bill 25: Public Health – Prescription Drug Monitoring Program – Revisions (passed) Inclusion of additional data in the PDMP’s annual report on the number of prescribers and dispensers identified for further outreach and education as well as referral for further investigation. The bill also directs the PDMP to continue to work with the TAC to improve its data analysis.

 

House Bill 466: Prescription Drug Monitoring Program – Program Evaluation (passed) reflects recommendations of the Department of Legislative Services, most importantly, removing the July 1, 2019 termination date to allow the PDMP to operate in perpetuity. This bill was signed into law on April 30th by Governor Hogan.

 

House Bill 435/Senate Bill 405: Health Insurance – Prescription Drugs – Formulary Changes (passed) If a carrier either removes a drug from the formulary or moves a drug to a higher cost tier, the beneficiary may be able to continue on the drug with the original cost sharing if the prescriber states that there is no equivalent drug in the formulary or in a lower tier. In addition, if the carrier moves a drug from the formulary or shifts it to a higher cost sharing tier, the carrier must give both the beneficiary taking the drug and the prescriber at least 30-days’ notice before implementing the change.

 

House Bill 768 will create the nation’s first Prescription Drug Affordability Board (passed) with the authority to establish maximum costs to be paid by state and local governments for certain high-cost medications. A Prescription Drug Affordability Stakeholder Council will also be appointed. The Board will report findings and recommendations to the General Assembly by December 31, 2020.  Beginning December 31, 2020, the Board will also submit to an annual report that includes price trends for prescription drugs, the number of drugs that were subject to review, and any recommendations the Board may have on further legislation needed to make prescription drugs more affordable.

 

House Bill 814/Senate Bill 802, Easy Enrollment Health Insurance Program, (passed) will allow Marylanders to begin the process of enrolling in health insurance by checking a box on their annual state income tax returns. If the return indicates an uninsured individual wants assistance, the Comptroller will forward the information to the Exchange to determine if the individual is eligible for Medicaid. If the individual does not choose a plan, the State will pick one and enroll them in it. If the Exchange determines that an individual does not qualify for Medicaid, the Exchange will determine the individual’s eligibility for other insurance affordability programs or other insurance options and notify the individual.