Busy compensation professionals need to keep abreast of new cases and laws that will impact their claims. We've taken the liberty of gathering bills impacting health care and workers' compensation in Maryland that are most likely to have an impact on your claim. Questions? Please feel free to contact us, and we'd be happy to discuss how these new laws will affect your claim. 

 

2017 Legislative Session

HB 298: Health Insurance - Licensed Clinical Professional Art Therapists – Reimbursement

Allows for reimbursement for “art therapy” in connection with psychotherapy.

Effective 10/1/2017

 

HB 352/SB1106: Health Care Practitioners – Use of Teletherapy

Allows for behavioral health practitioners to use teletherapy (the use of interactive audio, video, or other telecommunications or electronic technology to deliver health care services). 

Effective 10/1/2017 except Section 1 which is effective 10/1/2018

HB 1294/SB426:  Workers’ Compensation – Permanent Total Disability – Survival of Claim

Increases the cap from $45,000 to $65,000 for payout of PPD when Claimant is found PTD and then dies from an unrelated cause.  This was in response to the following Court of Appeals case, Hollingsworth v. Severstal Sparrows Point, LLC. 

Effective 10/1/2017. 

HB 1315/SB72: Workers’ Compensation – Tiered Rating Plans and Merit Rating Plans

Allows an insurer to develop a tiered or merit based rating plan for insureds, consistent with the Uniform Classification System and the Uniform Statistical Plan.  Such plans must be submitted and approved by the Insurance Commission.

Effective 10/1/2017

HB 1432: Health Care Providers – Prescription Opioids – Limits on Prescribing

(The Prescriber Limits Act of 2017) 

Requires that a provider prescribe the lowest effective dose of an opioid, in a quantity no greater than needed for the duration of the pain severe enough to require it, unless prescribed for substance related disorders, pain associated with cancer, pain experienced while receiving end of life care, or chronic pain.  The dose, quantity and duration must be based on evidence-based clinical guidelines.  Violation is grounds for disciplinary action including reprimand, suspension, revocation or fine up to $50,000.

Effective Immediately

HB1476/SB867: Workers’ Compensation – Failure to Report Accidental Personal Injury – Penalty

An employer who knowingly fails to report an A/I timely is guilty of a misdemeanor and on conviction is subject to a $500 fine.  (Note that §9-707 already requires that the employer report any A/I that causes more than 3 days of disability or death within 10 days after receiving oral or written notice of the disability or death).

Effective 10/1/2017

HB 1484/SB194: Workers’ Compensation – Medical Benefits – Payment of Medical Services and Treatment

Requires a provider to submit bills for services within 12 months from the later of the following:  date of service, date claim was accepted (by E/I), date claim was found compensable (by WCC).  But the E/I may still have to pay if the provider files an application for payment with the WCC within 3 years or if the WCC excuses the untimely submission for good cause.

Effective 10/1/2017