Mid-Atlantic Health Law TOPICS

The Maryland General Assembly’s 2022 Legislative Session resulted in the enactment of many new health care laws that will impact health care facilities, providers and insurers in the State. Here are some of the highlights from the 2022 Session.

Accessibility to Prescription Medications and Medical Devices

New Authorizations. A nurse anesthetist will be authorized to prescribe, order and administer drugs, including controlled dangerous substances, limited to a 10-day supply, to patients in connection with anesthesia service. Registered nurse practitioners will be authorized to prescribe and dispense auto-injectable epinephrine to certain certificate holders at youth camps. Pharmacists meeting certain requirements will be authorized to prescribe and to dispense nicotine replacement therapy medications. Pharmacists will also be authorized to administer injectable medications for treatment of sexually transmitted infections. A paramedic’s authority to administer influenza and 2019CoV immunizations under certain circumstances will not be repealed until January 1, 2025.

Expanded Access. Managed care organizations (MCOs) and certain insurers, nonprofit health service plans, and health maintenance organizations will be prohibited from applying a prior authorization requirement for prescription drugs used as postexposure prophylaxis for the prevention of HIV. Insurers, nonprofit health service plans, and health maintenance organizations will be prohibited from charging more than $30 for a 30-day supply of a covered prescription insulin drug, and they must remove the requirement that rituximab be approved by the federal Food and Drug Administration to provide coverage for the treatment of certain pediatric autoimmune neuropsychiatric disorders.

Facilities

Assisted Living

The Maryland Health Care Commission must conduct a study regarding the quality of care provided by assisted living programs with nine or fewer beds, and report its recommendations, including any draft legislation, to the Governor, the Department of Health and certain committees of the General Assembly.

Hospitals

The Health Services Cost Review Commission must develop a process for identifying patients who paid for hospital services but may have been qualified for free care during calendar years 2017 through 2021, and a process that causes the applicable hospital to reimburse the identified patients. The bill also requires hospitals to implement the recommended processes by January 1, 2023.

Residential Service Agencies

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

HIEs

The definition of a Health Information Exchange has been redefined, subjecting additional entities to regulation by the Maryland Health Care Commission.

A version of this article was published by The Daily Record on June 16, 2022.

Barry F. Rosen
410-576-4224 • brosen@gfrlaw.com