2024 Legislative Session

Support:

SB93/HB110: Title Health Insurance – Utilization Review – Private Review Agents:  For the purpose of requiring that certain criteria and standards used by private review agents for health insurance utilization review relating to mental health and substance use disorder benefits meet certain requirements; requiring a private review agent to take certain actions before issuing an adverse decision; specifying the procedure for private review agents to follow when making decisions related to mental health and substance use disorder benefits; and generally relating to health insurance and utilization review by private review agents.

SB165/HB204: Education – Coaches – Mental Health Training: This bill requires each public school in the State that offers a mainstream athletic program and each public institution of higher education that offers an athletic program to provide mental health training to each participating coach. The Maryland State Department of Education (MSDE) must work in collaboration with the Maryland Department of Health (MDH), each local board of education, and the Maryland Public Secondary Schools Athletic Association (MPSSAA) to develop guidelines for public schools to train coaches in recognizing the indicators of mental illness and behavioral distress in students (including depression, trauma, violence, youth suicide, and substance abuse). Likewise, the Maryland Higher Education Commission (MHEC) must work with MDH to develop guidelines for public institutions of higher education to train coaches in recognizing the indicators of mental illness and behavioral distress in students.

SB124: Maryland Medical Assistance Program and Health Insurance – Annual Behavioral Health Wellness Visits – Coverage and Reimbursement: For the purpose of requiring the Maryland Medical Assistance Program and certain health insurers, nonprofit health service plans, and health maintenance organizations to provide coverage and certain reimbursement for annual behavioral health wellness visits; and generally relating to coverage and reimbursement for behavioral health care services.

SB217/HB30: Health Insurance – Conformity With Federal Law: For the purpose of conforming provisions of State health insurance law with existing federal requirements, including by updating effective dates for federal regulations, clarifying federal consumer protection regulations resulting from changes to the federal No Surprises Act, altering the material errors that trigger special enrollment periods, and authorizing the Maryland Health Benefits Exchange to adopt an expanded open enrollment period under certain circumstances; and generally relating to health insurance and federal law.

SB427: Public Health – Overdose and Infectious Disease Prevention Services Program: Authorizing a community-based organization, with the approval of the Maryland Department of Health, to establish an Overdose and Infectious Disease Prevention Services Program to provide a location for the consumption of preobtained drugs, provide sterile needles, administer first aid, and certain other services; authorizing a Program to bill the insurance carrier of an individual who uses the services; authorizing the Department to approve not more than six programs, preferably two in urban, two in rural, and two in suburban areas; etc.

SB492/HB522: Public Schools – Student Telehealth Appointments – Policy and Access: Requiring each county board of education to establish a policy to accommodate students who need to participate in telehealth appointments during the school day; requiring each public middle and high school to designate a space that meets certain requirements for student telehealth appointments; and requiring the Department, on request, to provide certain technical assistance to a county board to establish the student telehealth policy.

SB497/HB736: Health Insurance and Maryland Medical Assistance Program – Coverage – Opioid Reversal Drugs and Products: Requiring the Maryland Medical Assistance Program and certain insurers, nonprofit health service plans, and health maintenance organizations to cover nonprescription naloxone hydrochloride and any other drug or product that is approved by the federal Food and Drug Administration for the complete or partial reversal of an opioid overdose without imposing a copayment or coinsurance requirement that exceeds $10 per package.

SB684/HB1074: Health Insurance – Mental Health and Substance Use Disorder Benefits – Sunset Repeal and Modification of Reporting Requirements: Altering certain reporting requirements on health insurance carriers relating to compliance with the federal Mental Health Parity and Addiction Equity Act; altering requirements for certain analyses of nonquantitative treatment limitations required of health insurance carriers; authorizing the Maryland Insurance Commissioner to exercise discretion to review subsets of nonquantitative treatment limitations under certain circumstances; etc.

SB732: Department of Juvenile Services and Maryland Department of Health – Inpatient Program for Children: Requiring the Department of Juvenile Services and the Maryland Department of Health to establish a certain inpatient program for children who have been adjudicated delinquent to provide rehabilitation, comprehensive care, and holistic therapies that address health, mental health, and substance abuse issues.

SB739/HB1119: Algorithmic Addiction Fund – Establishment: Establishing the Algorithmic Addiction Fund; providing that the Fund includes all revenue received by the State from a judgment against, or settlement with, technology conglomerates, technology companies, social media conglomerates, or social media companies relating to claims made by the State; requiring the Secretary of Health to develop certain goals, objectives, and indicators relating to algorithm addiction treatment and prevention efforts; requiring the Secretary to establish a certain grant program; etc.

SB791/HB932: Health Insurance – Utilization Review – Revisions: Altering and establishing requirements and prohibitions related to health insurance utilization review; altering requirements related to internal grievance procedures and adverse decision procedures; altering certain reporting requirements on health insurance carriers relating to adverse decisions; and establishing requirements on health insurance carriers and health care providers relating to the provision of patient benefit information.

HB 804: Certificate of Need – Psychiatric Health Care Facilities and Psychiatric and Mental Health Services – Exemption: Altering the definition of “medical service” for the purpose of providing an exemption to the certificate of need requirement by removing psychiatry and any subcategory of psychiatry; and providing that a certificate of need is not required to establish or operate a psychiatric health care facility or to offer psychiatric or other mental health services at a health care facility.

SB888:Health – Local Behavioral Health Authorities and Oversight of Behavioral Health Programs: Authorizing a local behavioral health authority to hire its own inspectors to monitor behavioral health program quality and safety; requiring a local behavioral health authority to track complaints against behavioral health programs and health care providers working at the programs and to forward certain complaint information to certain licensing boards for a certain purpose; and requiring a behavioral health program to seek community input when adopting its agreement to cooperate with a local behavioral health authority.

SB917/HB1257: Public Schools – Restorative Practices Schools – Establishment: Altering the duties of behavioral health services coordinators and the Maryland Consortium on Coordinated Community Supports regarding duties related to implementing Restorative Practices Schools throughout the State; requiring the State Department of Education to develop a comprehensive plan to implement requirements for the establishment of Restorative Practices Schools; and requiring the Department to annually report to the General Assembly on the implementation of Restorative Practices Schools beginning December 1, 2026.

SB991: Behavioral Health – Language Assistance Services Pilot Program: Prohibiting the Maryland Medical Assistance Program and certain insurers, nonprofit health service plans, health maintenance organizations, and managed care organizations from applying a prior authorization requirement, step therapy protocol, or fail-first protocol for drugs to treat certain mental illnesses or a medication-induced movement disorder associated with the treatment of a serious mental illness.

HB1019: Mental Health Law – Petitions for Emergency Evaluation: Specifying that a petition for emergency evaluation is effective for 5 days after being endorsed by the court; authorizing a court, for good cause shown, to extend a petition for an additional 5 days; and authorizing peace officers to use reasonable and necessary force when executing a petition.

SB1071/HB1155: Hospitals – Opioid Overdose – Medication-Assisted Treatment: Requiring hospitals to establish and maintain certain protocols and capacity related to the treatment of patients who are being treated for an opioid-related overdose; requiring hospitals to connect patients who are administered or prescribed medication-assisted treatment to an appropriate provider to voluntarily continue treatment under certain circumstances; and requiring the Governor to include a certain appropriation in the annual budget bill for fiscal year 2026 from the Opioid Restitution Fund.

SB1099: Emergency Services – Automated External Defibrillator and Naloxone Co-Location Initiative – Requirements for Public Buildings: Requiring the State Emergency Medical Services Board, in collaboration with the Maryland Department of Health, to develop and implement an initiative under the Public Access Automated External Defibrillator Program to require that naloxone be co-located with each automated external defibrillator placed in a public building; establishing a certain immunity from liability for individuals who administer naloxone made available under the initiative in response to a known or suspected drug overdose; etc.

SB1110/HB1100: Health – Child Advocacy Centers – Reporting Requirements and Investigations: Requiring child advocacy centers to report annually to the Behavioral Health Administration certain information related to behavioral health care services provided at the center; requiring the Administration to include in its annual report certain information related to child advocacy centers; and authorizing the Secretary of Health to investigate certain complaints related to child advocacy centers.

HB1268: Educational Institutions – Opioid Overdose–Reversing Medications – Policy Requirements: Requiring the State Board of Education, county boards of education, and institutions of higher education in the State to update certain drug addiction and prevention education programs to include information on the mitigating effects of naloxone or other opioid overdose-reversing medication, authorized possession by certain individuals, and immunity from liability; etc.

HB1346: Competency Evaluations and Commitment Orders – Modification:  Altering the procedures related to competency evaluations, including by requiring the Maryland Department of Health, rather than the court, to determine the basis on which a defendant will be examined; altering the definition of “designated health care facility” for the purpose of certain provisions of law governing the commitment of defendants who are found to be incompetent to stand trial; and extending the time period from 10 to 30 business days in which the Department is required to admit defendants who are found to be incompetent to stand trial.

HB1372: Health and Taxation – Digital Social Media Services and the Mental Health Care Fund for Children and Youth: Establishing the Mental Health Care Fund for Children and Youth as to support improved access to mental health care services to children and youth in the State; imposing a tax on certain annual revenues derived from certain digital social media services in the State; providing for the calculation and collection of the tax; requiring the Comptroller to distribute revenue from the tax in a certain manner; etc.

Oppose:

HB65: Public Schools – Medical and Psychological Treatment in School-Based Health Centers and Public Schools – Parental Notice: This bill requires a school health practitioner, health care practitioner, or certified school psychologist employed by or under a contract with a school-based health center (SBHC), local school system, or local health department (LHD) to provide school health services at a public school to provide a student’s parent or guardian information about any consultation, diagnosis, or treatment provided to the student.

SB167: Physician Assistants – Revisions (Physician Assistant Modernization Act of 2024): This bill requires a physician assistant (PA) to have a “collaboration registration” rather than a delegation agreement and authorizes a PA who has submitted a collaboration registration to the State Board of Physicians (MBP) to practice medical acts that are appropriate to the physician assistant’s education, training, and experience (rather than medical acts delegated by a supervising physician under an approved delegation agreement). A PA may perform additional duties within a PA’s scope of practice, as specified, and “personally prepare and dispense” prescription drugs, as specified (rather than prescribe and dispense prescription drugs as delegated by a supervising physician under a delegation agreement). The bill also alters the education and examination requirements for licensure, establishes specified immunity for PA’s practicing during a disaster, and makes other conforming changes.

HB206: Education – Student Behavior – Parent and Guardian Notice and Required Counseling (Parent and Guardian Accountability Act): This bill requires, under specified circumstances, that a public school principal provide notice to a parent or guardian regarding a student’s violent and disruptive behavior. The bill establishes that it is unlawful for a parent or guardian of a student, after receiving notice of their child’s violent and disruptive behavior on school premises or during school-related activities, to fail to seek and participate in counseling with the child. A parent or guardian convicted of violating this provision may be ordered by the court to perform community service

HB403: End-of-Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act): Authorizing an individual to request aid in dying by making certain requests; establishing requirements and prohibitions governing aid in dying, including requirements related to requests for aid in dying, consulting physicians, mental health assessments, the disposal of drugs prescribed for aid in dying, health care facility policies, and the effect of aid in dying on insurance policies; authorizing a pharmacist to dispense medication for aid in dying only to certain individuals under certain circumstances; etc.

SB449: Criminal Procedure – Incompetency to Stand Trial Dismissal: Altering the time period after which a court is required to dismiss a certain charge against a defendant found incompetent to stand trial under certain circumstances; and authorizing a victim or victim’s representative to petition the court to extend the time for dismissal of certain charges against a defendant found incompetent to stand trial.

SB554: Criminal Procedure – Not Criminally Responsible Verdict – Term of Commitment: Requiring the court, after a verdict of not criminally responsible for murder in the first degree to commit a defendant to a designated health care facility for life; and requiring a court, after a verdict of not criminally responsible for murder in the second degree to commit the defendant to a designated health care facility for a term of up to 40 years.

SB931/HB1285: Workers’ Compensation – Rehabilitation Practitioners – Licensed Social Workers: Authorizing certain licensed social workers to register as a rehabilitation practitioner; and authorizing a licensed certified social worker-clinical to provide evaluation services for workers’ compensation claims related to permanent impairments involving a behavioral or mental disorder.

SB1016: Health Occupations – Prescriptions for Children Subject to Joint Custody: Requiring health care providers who are authorized to prescribe to double the amount of each drug prescribed for a child if a parent of the child presents the prescriber with a court order of joint legal custody with a right of medical decision making; and requiring a health care provider authorized to dispense prescription drugs to dispense the doubled prescription under certain circumstances.

HB1094: Public Health – Overdose Prevention Site Pilot Program: Authorizing a community-based organization to establish an overdose prevention site pilot program with the approval of the Maryland Department of Health and in consultation with the local health department; requiring a program to acquire gas chromatograph mass spectrometer machines for drug sample testing; requiring the Secretary of Health to provide to a program a grant equal to the costs incurred by the program to acquire gas chromatograph mass spectrometer machines; etc.

Support With Amendments:

SB212: Behavioral Health Advisory Council and Commission on Behavioral Health Care Treatment and Access – Alterations: For the purpose of altering the membership and terms of members of the Behavioral Health Advisory Council; requiring the Commission on Behavioral Health Care Treatment and Access to meet jointly with the Council; requiring the Commission, in coordination with the Council, to make recommendations regarding the financing structure and quality oversight necessary to integrate somatic and behavioral health services in the Maryland Medical Assistance Program; and generally relating to the Behavioral Health Advisory Council and the Commission on Behavioral Health Care Treatment and Access.

 SB453/HB576:Mental Health – Emergency Evaluation and Involuntary Admission Procedures and Assisted Outpatient Treatment Programs: Requiring a peace officer, when the peace officer receives a petition for emergency evaluation for an individual, to transport the emergency evaluee to a nearby emergency facility, rather than the nearest emergency facility; authorizing a psychiatric nurse practitioner to evaluate an emergency evaluee for purposes of involuntary admission; requiring each county to establish an assisted outpatient treatment program; etc.

SB475/HB583: Center for Firearm Violence Prevention Establishment: Establishing the Center for Firearm Violence Prevention in the Maryland Department of Health to reduce firearm violence, harm from firearm violence, and misuse of firearms in the State by partnering with federal, State, and local agencies and affected communities to implement a public health approach to firearm violence reduction; requiring the Center by May 1, 2025, to submit to the Governor and General Assembly a preliminary State Plan for a Public Health Approach to Reducing Firearm Violence; etc.

 HB548: Task Force on Responsible Use of Natural Psychedelic Substances: Establishing the Task Force on Responsible Use of Natural Psychedelic Substances to study and make recommendations related to the use of natural psychedelic substances; and requiring the Task Force to submit its findings and recommendations to the Governor and the General Assembly on or before December 15, 2025.

SB752/HB794: Regulated Firearms – Maryland Voluntary Do Not Sell Firearm Process: Requiring the Maryland Department of Health to create and maintain a Maryland Voluntary Do Not Sell Firearm Registry in which a person may voluntarily enroll for the purpose of being prohibited from obtaining a regulated firearm by December 31, 2024; prohibiting a dealer or other person from selling, renting, loaning, or transferring a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reason to believe is registered on the registry; etc.

HB757: State Board of Physicians – Supervised Medical Graduates and Cardiovascular Invasive Specialists (Bridge to Medical Residency Act): Authorizing a supervised medical graduate to provide delegated duties under direct supervision in accordance with regulations adopted by the State Board of Physicians; and repealing the termination of certain provisions of law relating to delegation of duties by licensed physicians to cardiovascular invasive specialists.

HB784: Task Force on Reducing Emergency Department Wait Times: Establishing the Task Force on Reducing Emergency Department Wait Times to monitor, discuss, and make recommendations for reducing emergency department wait times including legislative, regulatory, or other policy initiatives; and requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly by January 1, 2026.

SB876/HB1040: Maryland Medical Assistance Program – Limited Behavioral Health Services: Requiring, beginning January 1, 2025, the Maryland Medical Assistance Program to provide limited behavioral health services to individuals under the age of 18 years regardless of whether the individual has a behavioral health diagnosis; and requiring the Maryland Department of Health to seek input from stakeholders in determining the limited behavioral health services to be covered.

SB1085/HB1144: Corrections – Segregated Housing – Limitations: Altering a reporting requirement for correctional units relating to restrictive housing; requiring hearing officers and personnel involved with the supervision and care of individuals placed in restrictive housing to undergo certain training; and establishing guidelines and procedures for the placement of incarcerated individuals in certain types of segregated housing.

HB1396: Drug and Alcohol Treatment Programs – Discharge of Patients and Referral Services – Standards: Requiring the Maryland Department of Health to establish by regulation standards relating to the discharge of patients from drug and alcohol treatment programs and certain referral services offered to patients by certain drug and alcohol treatment programs.