Front and center for the chapter has been growing concern over the administrative burdens that have been utilized by insurance carriers. These burdens take many forms including the application of high copays for patients, which serve as a disincentive for patients to utilize PT services to their fullest. Further complicating the healthcare delivery landscape, insurers often require prior authorization before they approve coverage for treatment and PT services.
Fair CoPays:
APTA MD introduced legislation during the 2022 Legislative Session that would have limited the cost of copays to a rate similar to primary care copays. The insurance carriers came out in strong opposition to the bill as introduced. Our legislative sponsors in the House and Senate worked hard to prevent the defeat of the bills outright and were successful in moving the issue for a summer study by the Maryland Health Care Commission (MHCC).
The study was conducted with some input by APTA MD, but there was more of an emphasis on the cost implications of a revised copay structure for PT services. The study was positive in that it acknowledged the important services PT provides and the benefit of those services to improving patient’s health care overall. The study also showed the potential for increased access to care, while noting the potential for an uptick in utilization. The study fell short of recommending adoption of a primary level copay and noted the lack of existing data from other states.
APTA MD is working with APTA National and reaching out to other state component chapters to gather as much data as possible to validate the proposed approach will not negatively disrupt insurance markets or drive-up costs. With additional information that can be gathered we hope to reintroduce legislation in future Sessions.
Prior Authorization:
Bill/Chapter | Title | Sponsor | Current Status |
Health Insurance – Utilization Review – Revisions | Failed To Pass | ||
Health Insurance – Utilization Review – Revisions | Failed To Pass |
APTA MD focused a lot of energy on legislation introduced and supported by a Coalition of over 52 medical provider groups and associations from physicians to nurses to mental health providers. Maryland has current law that attempts to make insurers prior authorization policies transparent and functional. The challenge increasingly encountered by PT groups and your patients is complicated and often redundant requirements to gain approval for necessary treatment and services. The legislation (House Bill 305/Senate Bill 308 – listed below) would have improved the prior authorization process by adding transparency, aligning standards, and increasing accountability of the insurers. APTA MD leadership and members provided testimony in writing, in person and via zoom at the bill hearings, making a compelling case for reform. The opposition from the insurance companies was intense, and efforts to reach areas of compromise during the session did not succeed.
The Senate Finance Committee Chairwoman and the House Heath and Government Operations Chairwoman issued a letter directing the healthcare provider Stakeholders to convene meetings over the Summer and Fall with the insurance carriers to examine the issues raised and identify possible solutions. We as your lobbyists, along with APTA MD leadership will be a leading voice in the discussions. While the bills did not pass during the 2023 Session, the work over these next few months before the 2024 Session will be important.
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
SB0727 Supported the bill which will continue the operations of the Board for another two years, until 2025. The Department of Legislative Audits has identified concerns with some of the Health Occupation Boards and has recommended a shorter Sunset extension until the matters have been resolved. | State Board of Physical Therapy Examiners – Sunset Extension | Chair, Finance Committee | Approved by the Governor – Chapter 52 |
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
SB0001 | Criminal Law – Wearing, Carrying, or Transporting Firearms – Restrictions (Gun Safety Act of 2023) | Senator Waldstreicher | Approved by the Governor – Chapter 680 |
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
HB0307 (SB0858) | Firearm Safety – Storage Requirements and Youth Suicide Prevention (Jaelynn’s Law) | Delegate Bartlett | In the House – Favorable with Amendments Report by Judiciary |
SB0858 (HB0307) | Firearm Safety – Storage Requirements and Youth Suicide Prevention (Jaelynn’s Law) | Senator Smith | Approved by the Governor – Chapter 680 |
HB0012 (SB0151) | Equitable and Inclusive Transit-Oriented Development Enhancement Act | Delegate Lewis, J. | Approved by the Governor – Chapter 512 | |||
SB0151 (HB0012) | Equitable and Inclusive Transit-Oriented Development Enhancement Act | Senator Augustine | Failed To Pass |
Monitored this legislation which seeks to identify and more easily enroll eligible children in Medicaid.
HB0111 (SB0026) | Maryland Medical Assistance Program, Maryland Children’s Health Program, and Social Services Programs – Eligibility and Enrollment | Delegate Charkoudian | Approved by the Governor – Chapter 283 |
SB0026 (HB0111) | Maryland Medical Assistance Program, Maryland Children’s Health Program, and Social Services Programs – Eligibility and Enrollment | Senator Augustine | Approved by the Governor – Chapter 282 |
APTA MD was directly engaged in the following legislation.
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
SB0534 Supported this bill which will extend for another 2 years telehealth law that requires payment parity (payment of a telehealth service at the same level as an in person service); allow for audio only telehealth; and continuation of a study by the Maryland Health Care Commission (MHCC) about the impact of telehealth on patients, providers, and insurers. | Preserve Telehealth Access Act of 2023 | Senator Gile | Approved by the Governor – Chapter 382 |
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
HB0733 Supported HB733 at the request of Bill Sponsor Delegate Hill. The Bill would have included a physical therapist on a Youth Sports Safety Advisory Commission. The bill did not advance after its hearing in the House. | Youth Sports Safety Advisory Commission | Delegate Hill | Failed To Pass |
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
HB0734 | Youth Sports Programs – Registrations, Personnel, and Policy | Delegate Hill | Failed to Pass |
HB1259 | Youth Sports Programs – Venue–Specific Emergency Action Plans – Requirements | Delegate Simmons | Failed to Pass |
HB1275 | State Department of Education – Youth Sports Enhancement Grant Program – Establishment | Delegate Barnes, D. | Failed to Pass |
Bill/Chapter (Cross/Chapter) | Title | Sponsor | Current Status |
HB0172 (SB0232) | Health Occupations – Licensed Athletic Trainers – Dry Needling Approval | Delegate Kerr | Approved by the Governor – Chapter 302 |
SB0232 (HB0172) | Health Occupations – Licensed Athletic Trainers – Dry Needling Approval | Senator Beidle | Approved by the Governor – Chapter 303 |
HB0238 (SB0215) | Massage Therapy – Definition and Discipline | Delegate Taveras | Approved by the Governor – Chapter 56 |
SB0215 (HB0238) | Massage Therapy – Definition and Discipline | Senator Ellis | Approved by the Governor – Chapter 57 |
HB0242 (SB0216) | Massage Therapy – Definition and Reimbursement | Delegate Bagnall | Approved by the Governor – Chapter 329 |
SB0216 (HB0242) | Massage Therapy – Definition and Reimbursement | Senator Ellis | Approved by the Governor – Chapter 330 |
WHY ADVOCACY MATTERS:
APTA MD’s participation in the legislative and regulatory process is essential. You are the experts that Legislators and other policy makers need to hear from as law and regulation is developed that determines the trajectory of the practice of nutrition and dietetics. For example, APTA MD was successful in securing language in soon to be finalized regulations, that includes physical therapists in Network Adequacy regulations promulgated by the Maryland Insurance Administration (MIA). This will require insurance carriers regulated by the MIA to report on the sufficiency of their insurance networks with regard to the number of physical therapists participating in network and availability to serve their enrollees.
APTA Maryland leadership works closely with our lobbyists to strategically develop and implement our advocacy plan and position our organization and profession at the forefront of decision making. This ensures that we are able to impact policies on the front end.
The successful work this year will feed into the legislative and regulatory advocacy APTA MD undertakes next year. The continuity of APTA MD members’ interest, engagement, and outreach to their legislators is invaluable to advancing our profession and improving outcomes for those whom we treat and serve.
Congratulations on another successful Session and we look froward to developing plans for the 2024 Session. Remember, as a member of APTA Maryland you voice helps decide our legislative agenda and positions.
Learn more and or get involved: By joining a legislative townhall, connecting with our Director for Government Relations, Michelle Jamin, and or by joining our government relations committee.