Overview
Maryland has been a pioneer in state healthcare system reform. Maryland is the only state in the country that regulates rates for hospital services under the Maryland All-Payer Model. Launched in 1971, the all-payer system requires all third-party payers to reimburse hospitals at the same rate. The program was revised in 2014 to include global budgets for all hospitals in the state. In 2018, the Centers for Medicare and Medicaid (CMS) approved Maryland’s goal to expand its all-payer global budgets model beyond hospitals to nursing homes, mental health facilities, and other nonhospital settings under a five-year contract.
Maryland also actively promotes price transparency. The Maryland Health Care Commission (MHCC) operates the state-mandated all-payer claims database (APCD), the Maryland Medical Care Data Base (MCDB). In 2017, the MHCC launched an online pricing tool named “Wear the Cost” that allows Maryland residents to compare the costs of common medical procedures using commercial insurer data. The state also protects patients from surprise medical bills for covered services rendered by providers outside of their health maintenance organization (HMO) by requiring the HMO to pay the provider directly. In addition, state law establishes coverage parity for telehealth services. Most recently, the coverage parity requirement was expanded to include services provided by psychiatrists and psychiatric nurse practitioners.
In healthcare markets, Maryland statute mandates the Maryland Health Connection, an active state-based health insurance exchange under the Affordable Care Act. The federal government approved the state’s Section 1332 state innovation waiver to partially finance the Maryland Reinsurance Program. The plan reimburses up to eighty percent of claims with a $250,000 cap to reduce health insurance premiums and mitigate the impact of high-risk individuals on certain rates in the state’s exchange.
The state regulates provider consolidation by requiring Attorney General notice and approval of all non-profit mergers or acquisitions. Additionally, the state Commission must issue a certificate of need for a health care facility to engage in any conversion, acquisition, consolidation, or change in bed numbers. The state also encourages competition by prohibiting most-favored nation clauses between a health insurance carrier and a provider, as well as general restriction of exclusive contracting provisions under state antitrust law.
In 2024, Maryland enacted legislation related to health insurance utilization review (including requirements for carriers to establish electronic prior authorization processes, provide real-time patient benefit information, and honor prior authorizations), and a transparency requirement for carriers to report the number of members entitled to health care benefits and the number of clean claims for reimbursement processed by a carrier
See below for an overview of existing Maryland state mandates. Click on citation tab for detailed information of specific statutes (click link to download statute text).
State Action
Latest Legislative Session: 1/11/2023 - 4/10/2023 (2023 term). *Current session bill updates are ongoing. Check back weekly for updates.
HB 1006 – Maryland
Introduced: 2022 Status: Inactive / Dead
Requiring a pharmacy benefits manager or purchaser to maintain a reasonably adequate and accessible network of pharmacies; prohibiting a pharmacy benefits manager or purchaser from requiring a pharmacy or pharmacist to obtain or maintain certain …
HB 1007 – Maryland
Introduced: 2022 Status: Inactive / Dead
Altering the reimbursement levels for drug products that the Maryland Medical Assistance Program is required to establish and that pharmacy benefits managers that contract with a pharmacy on behalf of a managed care organization are …
HB 1008 – Maryland
Introduced: 2022 Status: Inactive / Dead
Prohibiting a pharmacy benefits manager or purchaser from prohibiting a beneficiary from selecting a pharmacy or pharmacist of the beneficiary’s choosing, denying a pharmacy or pharmacist the right to participate in a network, imposing certain …
HB 1009 – Maryland
Introduced: 2022 Status: Inactive / Dead
Altering the application of the prohibition on pharmacy benefits managers reimbursing a pharmacy or pharmacist in an amount less than the pharmacy benefits manager reimburses itself or an affiliate; repealing provisions of law relating to …
HB 1009 (see companion bill SB 700) – Maryland
Introduced: 2019 Status: Inactive / Dead
Repealing the initial cap on participation in a certain waiver; requiring a certain waiver submitted by the Maryland Department of Health to the Centers for Medicare and Medicaid Services to include a request for a …
Md. Code, Ins. §§ 7-401 through 7-406: Maryland Insurance Acquisitions Disclosure and Control Act – Maryland
Introduced: Status: Enacted
Both the person doing the acquisition and the person being aquired must file a pre-acquisition notification with the Commissioner. The Commissioner may enter an order under this section with respect to an acquisition subject to …
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Md. Code, Ins. §§ 7-501 & 7-502: Acquisition of a Health Service Plan – Maryland
Introduced: Status: Enacted
Before acquiring control over a foreign nonprofit health service plan, the buyer shall comply with all provisions in this section including getting approval from the commisioner.
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Md. Code, Ins. §§ 7-801 through 7-807: Maryland Insurance Acquisitions Disclosure and Control Act — Enforcement – Maryland
Introduced: Status: Enacted
Any violation of this title is an unfair trade practice in the business of insurance and is subject to the provisions of Title 27 of this article.
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Md. Code, Lab. & Empl. § 3-716. Employers prohibited from requiring noncompete or conflict of interest provision in employment contract, document, or agreement: Employment Standards and Conditions – Maryland
Introduced: Status: Enacted
A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become …
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Md. Code, State Gov’t § 6.5-301. Approval of acquisitions: Attorney General; Acquisition of Nonprofit Health Entities – Maryland
Introduced: Status: Enacted
The regulating entity shall not approve the acquisition unless it is in the public interest. In so determining, it shall ensure that the value of public or charitable assets is safeguarded, that the value of …
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United States et al. v. Anthem, Inc., and Cigna Corp. – California, Colorado, Connecticut, District of Columbia, Federal, Georgia, Iowa, Maine, Maryland, New Hampshire, New York, Tennessee, Virginia
District Court: District of Columbia Status: Decided
On April 28, 2017, the D.C. Circuit Court of Appeals affirmed the District Court’s decision to block the proposed $54 billion merger between Anthem and …
Federal Trade Commission and State of Idaho v. St. Luke’s Health System, Ltd and Saltzer Medical Group, P.A. – California, Connecticut, Delaware, Idaho, Illinois, Iowa, Kentucky, Maine, Maryland, Mississippi, Montana, Nevada, New Mexico, Oregon, Pennsylvania, Tennessee, Washington
District Court: District of Idaho Status: Decided
In March 2013, the FTC and the Idaho Attorney General filed a joint complaint challenging the merger betweenSt. Luke’s Health System, Idaho’s largest health system, …
In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Association for Accessible Medicines v. Frosh – Maryland
District Court: District of Maryland Status: Decided
In a significant victory for the pharmaceutical industry, the 4th U.S. Circuit Court of Appeals found Maryland’s landmark 2017 law (HB 631), which punishes generic …
Additional Resources
STATE BUDGET
Maryland’s annual budget cycle begins on July 1 and ends on June 30 of the following year. State agencies submit their budget requests to the Governor between August and October, with the Governor submitting a proposed budget to the state legislature on the third Wednesday in January. The legislature typically adopts a budget by the 83rd day of the session.
STATE LEGISLATURE
The state Senate has 47 members and there are 141 members of the House of Delegates. All are elected to four-year terms. The legislature meets in regular session for 90 calendar days each year beginning the second Wednesday in January. Bills do not carry over from year to year.