Maryland Cancer Legislation and Regulation
Health Insurance – Mandated Benefits – Breast Cancer Screening
This bill alters the current health insurance mandate regarding coverage of mammograms by requiring insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for breast cancer screening in accordance with the latest screening guidelines issued by the American Cancer Society.
SB 173/HB 41
Health Insurance – Mandated Benefits – Hospitalization and Home Visits Following a Mastectomy
This bill requires insurers, nonprofit health service plans, and HMOs (carriers) to provide coverage for a 48-hour inpatient hospital stay following a mastectomy.
Artificial Tanning Devices - Protection of Minors
Prohibiting owners, employees, and operators of tanning facilities from allowing a minor to use a tanning device unless the minor has a prescription from a physician or is accompanied by a parent or guardian; requiring owners, employees, and operators of tanning facilities to require documentation before allowing individuals access to tanning facilities
HB 359/SB 91
Clean Indoor Air Act of 2007
Prohibiting a person from smoking tobacco products in indoor areas open to the public and indoor places of employment except under specified circumstances, beginning February 1, 2008; creating the Clean Indoor Air Act of 2007; requiring the Department of Health and Mental Hygiene and the Department of Labor, Licensing, and Regulation to adopt regulations and to report to the General Assembly regarding enforcement efforts; establishing penalties and fines for the violation of the Act; etc.
Cigarette Fire Safety Performance Standard and Firefighter Protection Act
Prohibiting the manufacture, sale, or offer for sale of cigarettes in the State unless the cigarettes have been tested in a specified manner and meet a performance standard and the manufacturer has filed a specified certification with the Comptroller
HB 1049/SB 774
Task Force on the HPV Vaccine
Establishing the human papillomavirus (HPV) vaccine subcommittee in the Cervical Cancer Committee of the Maryland Comprehensive Cancer Control Plan; providing for the membership and duties of the HPV vaccine subcommittee; requiring the HPV vaccine subcommittee to submit an annual report to the Cervical Cancer Committee by September 1; etc.
Charles County Prostate Cancer Pilot Program
Establishing the Charles County Prostate Cancer Pilot Program; providing for the purpose of the Program; providing for eligibility for the Program; requiring the Program to provide specified services and activities; requiring the Program to be funded as provided in the State budget; requiring the Department of Health and Mental Hygiene to distribute grants to local health departments to administer the Program; etc.
Cigarette Fire Safety Performance Standard and Firefighter Protection Act
Prohibiting the manufacture, sale, or offer for sale of cigarettes in the State unless the cigarettes have been tested in a specified manner and meet a performance standard and the manufacturer has filed a specified certification with the Comptroller; establishing a performance standard for cigarettes; requiring that testing of cigarettes be conducted in a specified manner; requiring laboratories that conduct testing to implement a specified quality control and quality assurance program; etc.
Coverage for Home Visits After Mastectomy or Surgical Removal of a Testicle - Extension of Sunset
Extending until 9/20/2011, a termination date for mandated insurance coverage for home visits following a mastectomy or surgical removal of a testicle.
Health Insurance - Mandated Benefits - Smoking Cessation Treatment
Requiring specified insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for specified drugs and nicotine replacement therapy to assist an insured or enrollee to cease the use of tobacco products; prohibiting the insurers, nonprofit health service plans, and health maintenance organizations from imposing specified copayments or coinsurance requirements for specified drugs and nicotine replacement therapy; etc.
Cigarettes - Direct Sales and Shipping
Prohibiting a person engaged in the business of selling or distributing cigarettes from selling, shipping, or causing to be shipped cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, directly to a consumer or other unlicensed recipient in this State; allowing a licensed retailer or an employee of a licensed retailer to deliver no more than two cartons of cigarettes directly to a consumer; etc.
Annual Human Papillomavirus Screening Test – Coverage
Requiring specified insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for a human papillomavirus screening test at the testing intervals outlined in specified recommendations developed by the American College of Obstetricians and Gynecologists; authorizing specified insurers, nonprofit health service plans, and health maintenance organizations to impose specified cost-sharing requirements under specified circumstances; defining specified terms; etc.
Maryland Cancer Fund - Income Tax Checkoff
Establishing the Maryland Cancer Fund within the Department of Health and Mental Hygiene to be used to provide grants for cancer research, prevention, and treatment; requiring that Fund expenditures be made only through an appropriation in the annual State budget or through an approved budget amendment; requiring the Secretary of Health and Mental Hygiene to adopt regulations to implement a Maryland cancer grant program; requiring a specified report; establishing an income tax checkoff for voluntary contributions to the Fund; etc.
State Council on Cancer Control - Cervical Cancer Committee of the Maryland Comprehensive Cancer Control Plan
Establishing a Cervical Cancer Committee of the Maryland Comprehensive Cancer Control Plan; requiring the Department of Health and Mental Hygiene to staff the Committee; providing for the duties of the Committee; and requiring the Committee to present findings and recommendations to the Governor and the General Assembly annually for 5 years beginning October 1, 2004.
Candy-Like Products Containing Nicotine - Minors
Adding candy-like products that contain tobacco to the definition of tobacco products prohibited to be sold to or possessed by a minor.
Coverage for Home Visits After Mastectomy or Surgical Removal of a Testicle – Repeal of Sunset
Extending the September 30, 2003 termination date for insurance coverage for specified home visits following a mastectomy or surgical removal of a testicle.
Ovarian Cancer Awareness Month
Designating September as "Ovarian Cancer Awareness Month".
Health Care - Programs and Facilities - Pain Management
Adding the right to have pain assessed, managed, and treated to the patient's bill of rights for hospitals and related institutions; requiring specified other health care facilities to add pain management to any patient's bill of rights or similar document distributed; establishing a State Advisory Council on Pain Management; specifying the membership, terms, and purpose of the Council; providing for the termination of a portion of the Act; etc
HB 190/SB 100
Health Insurance - Colorectal Cancer Screening – Coverage
Requiring insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for colorectal cancer screening in accordance with guidelines issued by the American Cancer Society; authorizing insurers, nonprofit health service plans, and health maintenance organizations to impose cost-sharing requirements; and providing for the application of the Act.
Breast Cancer Program - Coverage of Reconstructive Services
Requiring that treatment provided to participants in the Breast Cancer Diagnosis and Treatment Program who have undergone a mastectomy includes reconstruction services.
Health Insurance - Coverage for Prosthesis
Requiring certain health insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for a prosthesis that has been prescribed by a physician for an enrollee or insured who has undergone a mastectomy and has not had breast reconstruction
Health Benefit Plans - Coverage for Hair Prostheses for Hair Loss Resulting from Chemotherapy or Radiation Treatment for Cancer
This bill requires health insurers, nonprofit health service plans, and HMOs (carriers) to cover the cost of hair prostheses for individuals whose hair loss results from chemotherapy or radiation treatment for cancer. The cost of prosthesis may not exceed $350.
Cigarette Restitution Fund - Tobacco Use Prevention and Cessation Program - Cancer Prevention, Education, Screening , and Treatment Program
Establishing a Tobacco Use Prevention and Cessation Program and a Cancer Prevention, Education, Screening, and Treatment Program in the Department of Health and Mental Hygiene; providing that the programs shall be funded as provided in the State budget with money from the Cigarette Restitution Fund; authorizing the Legislative Auditor to audit the appropriations and expenditures made for purposes of the programs; etc.
Patients' Bill of Rights Act of 1999
Provision of this bill requires carriers who do not provide coverage for a set minimum length of hospitalization for mastectomy and testicle removal procedures to provide home visits within 24 hours after discharge. A second visit must be provided, if requested by the doctor. The bill also requires insurers, nonprofit health service plans, and HMOs (carriers) to establish and permit, in certain circumstances, a patient's direct access to specialists, including standing referrals to the specialists, and access to specialists outside the carriers provider panel
Cigarette Restitution Fund
Establishing a Cigarette Restitution Fund; providing for the distribution of tobacco settlement revenues to the Fund; providing for expenditures from the Fund by budget appropriation; requiring the Fund to be expended for certain purposes; requiring the Governor to develop certain mission statements for each program, project, or activity receiving appropriated funds and to report annually to the General Assembly on the total funds expended, by program, in the prior fiscal year and the outcomes or public benefits of each project; etc.
Oral Health Programs - Reducing Oral Cancer Mortality
Requiring the Secretary of Health and Mental Hygiene to establish the Oral Health Program to prevent and detect oral cancer in the State with a specified focus and intent; targeting the program to the needs of high-risk underserved populations; requiring the Secretary to establish the Prevent Oral Cancer Pilot Program to screen, refer, and treat high-risk underserved adults; etc.
Health Insurance - Medical Clinical Trial - Coverage
Requiring health insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for specified patient cost incurred as a result of treatment or studies conducted in accordance with a clinical trial if specified conditions are satisfied, and for the cost of FDA-approved and devices under specified circumstances; requiring an entity seeking coverage under the Act to post electronically and keep up-to-date a list of specified clinical trials; etc.
Breast Cancer Program
Requiring the Department of Health and Mental Hygiene to establish a Breast Cancer Program to provide screening mammograms and clinical breast examinations to specified low-income women aged 40 to 49 years on at least a biennial basis and for women aged 50 years and older on an annual basis; requiring the Program to provide diagnosis and treatment for individuals who are identified as being in need; requiring specified funding; etc.
Health Insurance - Mandated Coverage - Prostate Cancer
Requiring specified insurers, nonprofit health service plans, and health maintenance organizations to provide coverage to men of a specified age for medically recognized diagnostic tests used to detect prostate cancer, including a digital rectal examination and a prostate-specific antigen test.
Health Insurance - Reconstructive Breast Surgery – Coverage
This enrolled bill requires health insurers and health maintenance organizations to provide coverage for reconstructive breast surgery resulting from a mastectomy. It specifies that coverage is to include surgery on a non-diseased breast to establish symmetry with the diseased breast.
Hospitals - Requirements - Mammography Educational Materials
Requiring hospitals to offer mammography educational materials to female inpatients under specified circumstances; requiring the Department of Health and Mental Hygiene, in collaboration with other groups, to select and approve, or develop and print, and update as necessary, mammography educational materials.
NOTE: Electronic viewing of legislation prior to 1996 is not currently available.
Amended the 1991 law and prohibits that a deductible from being charged for routine mammography screening.
Diagnosis and Treatment
For uninsured or underinsured women, who meet income guidelines and are Maryland residents, the State will pay for costs related to the diagnosis and treatment of breast and cervical cancer by specified providers. The program will pay for the purchase of breast prosthesis.
Breast Cancer - Health Insurance and Mandated Coverage
This enrolled bill requires health insurers and health maintenance organizations to provide a baseline mammogram for women 35-39, a mammogram every two years for women 40-49, and an annual mammogram for women 50 years of age and older. The following link possibly updates HB 407.
Breast Cancer - Breast Implant Law and Requirements for Physicians
State law passed requiring the Maryland Department of Health and Mental Hygiene to provide all physicians who perform breast implantation in Maryland with a booklet that describes the advantages, disadvantages and risks associated with breast implantation. The treating physician is required, by law to give the booklet to patients at least five days before the breast implant operation.
Required Breast Implant Materials
Breast Cancer - Requirements of Treating Physicians and Alternative Treatment Booklet
State law passed requiring treating physicians to give all women diagnosed with breast cancer a booklet, published by DHMH, discussing treatment alternatives, their advantages, disadvantages and risks
Required Breast Cancer Treatment Materials