Rosen & Kessler: New Health Care Laws in Maryland

The Legislative Session of the General Assembly of Maryland in 2022 led to the adoption of many new health care laws that will affect health facilities, suppliers and insurers in the state. Here are some of the highlights of the 2022 session.

Value-based care: New legislation on value-based care: (1) amends the Maryland Self-Guidance Act to bring it into line with federal law, which allows health care providers to be paid under certain value-based arrangements; (2) amend the law governing health care practitioner compensation agreements with insurers and health care organizations to allow for voluntary bilateral incentive agreements with certain health care practitioners where the practitioner may take a risk; and (3) clarifies that practicing health professionals who accept payments from insurers, health care organizations, and some self-financing employer health plans are not required to be licensed as insurers.

There are a number of changes that include access to prescription drugs and medical devices.

New permissions. An anesthesiologist nurse will be authorized to prescribe, order, and administer medications, including controlled hazardous substances, limited to a 10-day delivery, to patients in connection with an anesthesia service.

Registered practicing nurses will be authorized to prescribe and administer epinephrine for the automatic injection of certain certificate holders into youth camps. Pharmacists who meet certain requirements will be authorized to prescribe and dispense nicotine replacement therapy drugs. Pharmacists will also be authorized to administer injectable drugs to treat sexually transmitted infections.

The paramedic’s authority to administer influenza and 2019CoV immunizations in certain circumstances will not be revoked until 1 January 2025.

Advanced access. Managed Care Organizations (MCOs) and some insurers, non-profit health plans and health care organizations will be prohibited from requiring prior authorization requirements for prescription drugs used as post-exposure prophylaxis for HIV prevention. .

Insurers, nonprofit health plans, and health care organizations will be prohibited from charging more than $ 30 for a 30-day delivery of a prescription-covered insulin drug, and they must remove the requirement that rituximab be approved by the Federal Food Administration. and drugs to provide coverage for the treatment of certain pediatric autoimmune neuropsychiatric disorders.

Regarding the facilities:

Assisted alive. The Maryland Health Commission should conduct a study on the quality of care provided by life support programs with nine or fewer beds and report its recommendations, including draft legislation, to the governor, the Department of Health and some committees. General Assembly .

Hospitals. The Health Expenditure Review Commission needs to develop a process to identify patients who have paid for hospital services but may have been eligible for free care in the 2017-2021 calendar years, as well as a process that drives the relevant hospital to reimburse the costs of identified patients. The bill also requires hospitals to implement the recommended processes by January 1, 2023.

Residential service agencies. Housing agencies that charge Medicaid will now have new obligations to file annual reports with the Maryland Department of Health.

HIEs. The definition of health information sharing has been redefined, subjecting additional subjects to regulation by the Maryland Health Commission.

Barry F. Rosen is chairman and CEO of Gordon Feinblatt LLC’s law firm, heads the firm’s healthcare team and can be reached at 410-576-4224 or [email protected] K. Eva Kessler is the administrator of research services at Gordon Feinblatt LLC and can be reached at 410-576-4251 or [email protected]

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