State Legislation
Maryland
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Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers. We use technology, compassionate case management for employees and cost containment measures, to give Maryland employers a superior program.
As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.
Legislature Status: Legislative session suspended beginning March 18, 2020. Will resume last week of May for a special session.
- Maryland Department of Health coronavirus resource page.
- The Maryland Department of Commerce posted Maryland Business Express Coronavirus (COVID-19) Information for Businesses.
- April 15, 2020 – The Governor announced an executive order mandating face coverings in public for people in retail establishments or on public transportation.
- April 10, 2020 – The Governor announced the launch of COVIDConnect, a new registry for Marylanders who have recovered from COVID-19. This registry will serve as a community platform to share experiences and lend support to others who are coping with the recovery process.
- April 10, 2020 – The Governor announced that he is enacting several cost-cutting measures after the comptroller announced a “potential revenue loss of up to $2.8 billion for fiscal year 2020.” To address this expected revenue loss, Hogan said he has directed a “budget freeze on all state spending across all state government agencies” except for spending on payroll and Covid-19 expenses.
Legislation
- HB 683 Provides exemptions for injuries due to medical cannabis and requires coverage of medical
cannabis. - SB 1079 Allows the Governor to transfer by budget amendment up to $50,000,000 from the Revenue Stabilization Account to fund costs associated with the coronavirus. Requires the Governor to provide the Legislative Policy Committee with at least 7 days for review and comment before transferring funds from the Account. Makes the Act an emergency measure. Enacted.
- SB 1080 Authorizes the Governor to take certain actions in a state of emergency, including prohibiting cost-sharing by carriers for disease testing, immunization and any associated costs; retailers from increasing the sale or rental price of any good or service by more than 10%; and employers from terminating quarantined or isolated employees. Enacted.
- SB 2 /HB 732 Relates to annual gross revenues derived from digital advertising services; provides that the sales and use tobacco tax collected in fiscal year 2021 will be distributed, in part, to expenditure accounts of State government to fund costs associated with COVID-19. Eligible for Governor.
- SB 1001 / HB 932 Relates to sales and use tax revenue; provides that the sales and use tax collected in fiscal year 2021 on the sale or use of a digital product or code will be distributed, in part, to expenditure accounts of State government to fund costs associated with COVID-19. Eligible for Governor.
- SB 190 Part of a larger budget bill for fiscal year 2021. Makes a $10 million supplemental appropriation to the Department of Health for the current fiscal year to address coronavirus preparedness expenses. Eligible for Governor.
- SB 192 Part of the Budget Reconciliation Act; authorizes a transfer up to $100,000,000 from the Revenue Stabilization Account to fund costs associated with COVID-19. Eligible for Governor.
- SB 461 Provides exemptions for injuries due to medical cannabis and requires coverage of medical cannabis. Pending.
Maryland Regulatory Updates 04/11/2024
SB 750 – Altering the Exception to the Exclusivity of an Employer’s Liability Under Workers’ Compensation Law For Covered Employees Who Are Injured or Killed As the Result of the Deliberate Intent of the Employer to Injure or Kill the Covered Employee; Deeming an Employer to Have Acted With Deliberate Intent Under Certain Circumstances; Establishing an Exception to Exclusivity of Liability of an Employer Under Workers’ Compensation Law For a Covered Employee Who Is Killed By Another Employee; and Applying the Act Retroactively.
Issues: Workers’ Compensation (General)
Summary For 02/05/2024:
This measure removes an employer’s liability shield under the workers’ compensation system if the employer:
- has actual knowledge that injury or death is substantially likely to occur and disregards that knowledge;
- or acts in a premeditated or willful manner to cause injury to the employee.
It similarly allows claims to be brought by surviving kin if the employee is killed by the intentional action of another employee.
It takes effect October 1, 2024 and is retroactive January 1, 2022.
Most Recent Update:
03/05/2024 – This measure was heard on March 5 in the Senate Finance Committee. No action was taken on the measure. This measure remains eligible for consideration in the committee of referral.
SB 919 – Extending, For 60 Days, the Period of Time During Which the Workers’ Compensation Commission May Modify an Award Related to a Workers’ Compensation Claim If an Appeal Is Filed During the Original 5-Year Period During Which the Commission Maintains Authority to Modify an Appeal.
Issues: Workers’ Compensation (General)
Summary For 02/07/2024: This measure extends the time limit to modify a workers’ compensation award by 60 days if an appeal is filed.
It takes effect October 1, 2024.
Most Recent Update:
03/05/2024 – This measure was heard on March 5th in the Senate Finance Committee. No action was taken on the measure. This measure remains eligible for consideration in the committee of referral.
Maryland HB 1285 – Authorizing Certain Licensed Social Workers to Register As a Rehabilitation Practitioner; and Authorizing a Licensed Certified Social Worker-Clinical to Provide Evaluation Services For Workers’ Compensation Claims Related to Permanent Impairments Involving a Behavioral or Mental Disorder.
Issues: Workers’ Compensation (General)
Summary For 03/19/2024
This measure allows a licensed social worker to be included as a rehabilitation practitioner under the workers compensation system.
This measure is effective October 1, 2024.
Most Recent Update:
03/18/2024 – On March 18 this measure unanimously passed the House and was referred to the Senate Finance Committee. This measure is eligible for consideration in the committee of referral.
Maryland SB 931 – Authorizing Certain Licensed Social Workers to Register As a Rehabilitation Practitioner; and Authorizing a Licensed Certified Social Worker-Clinical to Provide Evaluation Services For Workers’ Compensation Claims Related to Permanent Impairments Involving a Behavioral or Mental Disorder.
Issues: Workers’ Compensation (General)
Summary For 03/15/2024: This measure allows and details the requirements for registration under the workers compensation system for a licensed social worker to be included as a rehabilitation practitioner. This measure is effective October 1, 2024.
Most Recent Update:
03/05/2024 – This measure was heard on March 5th in the Senate Finance Committee. No action was taken on the measure. This measure remains eligible for consideration in the committee of referral.
Maryland Regulatory Updates 3/3/2023
HB 612 – Prohibiting a Person from Engaging In the Work of the Treatment, Care, or Removal of Certain Trees For Compensation Under a Tree Expert’s License Unless the Person Is Employed By the Licensed Tree Expert; Increasing a Certain Penalty For Operating a Tree Expert Business Without a License; and Requiring a Licensed Tree Expert to Carry, Show Proof Of, and Maintain For a Certain Period of Time Valid Workers’ Compensation Insurance.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure requires those with tree experts’ licenses to maintain workers’ compensation insurance.
Most Recent Update:
2/06/2023 This measure has been introduced for the 2023 legislative session and referred to the House Committees on Environment and Transportation and Judiciary . This measure is eligible for consideration in the committee of referral.
HB 1012 – Requiring the Workers’ Compensation Commission, If There Is No Compensation Payable to a Covered Employee and the Covered Employee Is Awarded a Medical Benefit at a Hearing, to Order the Employer or Its Insurer, a Self-Insured Employer, or the Uninsured Employers’ Fund to Pay a Fee of Not More Than $2,000 For Legal Services Rendered on Behalf of the Covered Employee.
Issues: Workers’ Compensation (General)
Summary:
This measure requires an award of $2,000 to cover an employee’s legal costs when a medical benefit is awarded at a workers’ compensation hearing but not monetary compensation.
It takes effect October 1, 2023.
Most Recent Update:
2/10/2023 – This measure requires an award of $2,000 to cover an employee’s legal costs when a medical benefit is awarded at a workers’ compensation hearing but not monetary compensation. It takes effect October 1, 2023.
SB 839 – Specifying That Covered Employee Must Report to the Employer a Diagnosis of Athletic Pubalgia Hernia With 45 Days After the Diagnosis.
Issues: Workers’ Compensation (General)
Summary:
This measure allows workers’ compensation coverage of an athletic pubalgia hernia if reported within 45 days of its diagnosis, rather than mere occurrence. It takes effect October 1, 2023
Most Recent Update:
2/24/2023 This measure was heard on February 21, 2023 in the Senate Finance Committee. It awaits further consideration.
HB 902 – Specifying a Time Period Within Which a Covered Employee Must Report to the Employer a Diagnosis of Athletic Pubalgia Hernia Within 45 Days After the Diagnosis.
Issues: Workers’ Compensation (General)
Summary:
This measure allows workers’ compensation coverage of an athletic pubalgia hernia if reported within 45 days of its diagnosis, rather than mere occurrence. It takes effect October 1, 2023
Most Recent Update:
2/28/2023 – This measure has been scheduled for a hearing on February 28 in the House Economic Matters Committee, chaired by Delegate C. T. Wilson (D). This hearing will be open to the public remotely and all testimony is accepted by the Chair. A vote will not occur until a voting session is scheduled, which is closed to the public. In Maryland, all bills receive at least one committee hearing and are typically referred to only one committee.
Maryland Regulatory Updates 4/11/2022
HB 439 – Providing That a 9-1-1 Specialist Who Is Diagnosed By a Licensed Psychologist or Psychiatrist With Post-Traumatic Stress Disorder Is Presumed to Have an Occupational Disease That Was Suffered In the Line of Duty or Course of Employment and Is Compensable Under the Workers’ Compensation Law.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure provides workers’ compensation coverage to 911 specialists diagnosed with post-traumatic stress disorder suffered while on duty. This measure provides a 9–1–1 specialist who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed to have an occupational disease that was suffered in the line of duty or in the course of employment and is compensable under workers’ compensation law. This measure takes effect on October 1, 2022.
Most Recent Update:
2/15/2022 This measure was heard in the House Economic Matters Committee. No action was reported. This measure is eligible for further consideration in the committee of referral.
HB 628 – Employment – Workers’ Compensation and Workplace Discrimination – Use of Medical Cannabis.
Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)
Summary:
This measure allows restriction of compensation or benefits based on medical marijuana usage but does not allow for discrimination based on medical marijuana usage if given a proper written certification from a prescribing physician. Employers are allowed to prohibit employee job actions based on their impairment by medical marijuana. This measure relates to workers’ compensation and marijuana. This measure allows the prohibition of compensation or benefits under the workers’ compensation law in regards to the use of medical cannabis, including medical cannabis that is in medicine that is required to be provided by an employer or its insurer. The measure prohibits the discrimination of an individual because of the individual’s receipt of a written verification for the use of medical cannabis or the individual’s positive drug test. This written certification must be given by a prescribing physician. The measure will not prohibit a company or employer from adopting policies that do not allow an employee from performing the employees’ duties while impair by medical cannabis. This measure will not apply to any defense industrial base sector employer or prospective employer under federal agency prerogative. This measure takes effect on October 1, 2022.
Most Recent Update:
2/28/2022 At the February 28 executive session, the House Economic Matters Committee voted an unfavorable report on the measure by a vote of 19-1. This measure is eligible for further consideration in the committee of referral.
SB 374 – Providing That a 9-1-1 Specialist Who Is Diagnosed By a Licensed Psychologist or Psychiatrist With Post-Traumatic Stress Disorder Is Presumed to Have an Occupational Disease That Was Suffered In the Line of Duty or Course of Employment and Is Compensable Under the Workers’ Compensation Law.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure provides workers’ compensation coverage to 911 specialists diagnosed with post-traumatic stress disorder suffered while on duty. This measure provides a 9–1–1 specialist who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed to have an occupational disease that was suffered in the line of duty or in the course of employment and is compensable under workers’ compensation law. This measure takes effect on October 1, 2022.
Most Recent Update:
3/8/2022 On March 8, this measure was heard by the Senate Finance Committee, chaired by Senator Delores G. Kelley (D). No action was reported. This measure awaits another hearing in the committee of referral. This measure awaits being reported back to the floor by the committee with its recommendation (favorable, unfavorable, favorable with amendment, or rarely, no recommendation).
Maryland Regulatory Updates 2/3/2022
HB 439 – Providing That a 9-1-1 Specialist Who Is Diagnosed By a Licensed Psychologist or Psychiatrist With Post-Traumatic Stress Disorder Is Presumed to Have an Occupational Disease That Was Suffered In the Line of Duty or Course of Employment and Is Compensable Under the Workers’ Compensation Law.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure provides workers’ compensation coverage to 911 specialists diagnosed with post-traumatic stress disorder suffered while on duty. This measure provides a 9–1–1 specialist who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed to have an occupational disease that was suffered in the line of duty or in the course of employment and is compensable under workers’ compensation law. This measure takes effect on October 1, 2022.
Most Recent Update:
1/20/2022 This measure has been referred to the House Economic Matters Committee, chaired by Delegate C. T. Wilson (D). The sponsor does not serve on the committee of referral. This measure is eligible for consideration in the committee of referral.
SB 374 – Providing That a 9-1-1 Specialist Who Is Diagnosed By a Licensed Psychologist or Psychiatrist With Post-Traumatic Stress Disorder Is Presumed to Have an Occupational Disease That Was Suffered In the Line of Duty or Course of Employment and Is Compensable Under the Workers’ Compensation Law.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure provides workers’ compensation coverage to 911 specialists diagnosed with post-traumatic stress disorder suffered while on duty. This measure provides a 9–1–1 specialist who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed to have an occupational disease that was suffered in the line of duty or in the course of employment and is compensable under workers’ compensation law. This measure takes effect on October 1, 2022.
Most Recent Update:
1/21/2022 This measure has been referred to the House Economic Matters Committee, chaired by Delegate C. T. Wilson (D). The sponsor does not serve on the committee of referral. This measure is eligible for consideration in the committee of referral.
Maryland Regulatory Updates 5/5/2021
HB 683 – Workers’ Compensation – Medical Cannabis – Compensation and Benefits
Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)
Summary:
This measure provides exemptions for injuries due to medical cannabis and requires coverage of medical cannabis. This measure is applicable to employers and workers’ compensation insurers. This measure states that a covered employee is entitled to compensation for a personal injury, compensable hernia, or occupational disease if the condition was caused solely by medical cannabis with the written certification from a provider or the written instructions of a physician. This measure requires employers or their insurers to provide an injured employee who is owed compensation medicine as necessary, which include medical cannabis. This measure does not apply retroactively. This measure, if enacted, will take effect on October 1, 2021.
Most Recent Update:
4/12/2021 This measure failed upon adjournment and is ineligible for further consideration.
SB 461 – Workers’ Compensation – Medical Cannabis – Compensation and Benefits
Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)
Summary:
This measure provides exemptions for injuries due to medical cannabis and requires coverage of medical cannabis. This measure is applicable to employers and workers’ compensation insurers. This measure states that a covered employee is entitled to compensation for a personal injury, compensable hernia, or occupational disease if the condition was caused solely by medical cannabis with the written certification from a provider or the written instructions of a physician. This measure requires employers or their insurers to provide an injured employee who is owed compensation medicine as necessary, which include medical cannabis. This measure does not apply retroactively. This measure, if enacted, will take effect on October 1, 2021.
Most Recent Update:
4/12/2021 This measure failed upon adjournment and is ineligible for further consideration.
Maryland Regulatory Updates 3/5/2021
HB 683 – Workers’ Compensation – Medical Cannabis – Compensation and Benefits
Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)
Summary:
This measure provides exemptions for injuries due to medical cannabis and requires coverage of medical cannabis. This measure is applicable to employers and workers’ compensation insurers. This measure states that a covered employee is entitled to compensation for a personal injury, compensable hernia, or occupational disease if the condition was caused solely by medical cannabis with the written certification from a provider or the written instructions of a physician. This measure requires employers or their insurers to provide an injured employee who is owed compensation medicine as necessary, which include medical cannabis. This measure does not apply retroactively. This measure, if enacted, will take effect on October 1, 2021.
Most Recent Update:
2/9/2021 This measure was heard on February 9 in the House Health and Government Operations Committee, chaired by representative Pendergrass (D). No action was taken by the committee. This measure is eligible for further consideration at the discretion of the chair.
SB 461 – Workers’ Compensation – Medical Cannabis – Compensation and Benefits
Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)
Summary:
This measure provides exemptions for injuries due to medical cannabis and requires coverage of medical cannabis. This measure is applicable to employers and workers’ compensation insurers. This measure states that a covered employee is entitled to compensation for a personal injury, compensable hernia, or occupational disease if the condition was caused solely by medical cannabis with the written certification from a provider or the written instructions of a physician. This measure requires employers or their insurers to provide an injured employee who is owed compensation medicine as necessary, which include medical cannabis. This measure does not apply retroactively. This measure, if enacted, will take effect on October 1, 2021.
Most Recent Update:
2/18/2021 This measure was heard on February 18 in the Senate Finance Committee, chaired by Senator Kelley (D). No action was taken by the committee. This measure is eligible for further consideration at the discretion of the chair.
Maryland Regulatory Updates 05/15/2020
HB 56 – Maryland Healthy Working Families Act – Employers With On-Site Health Clinics – Exemption
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure relates to on-site health clinics.
The measure exempts provision governing earned sick and safe leave certain employees who regularly work at facilities at which the employer offers the employees access to an on-site health clinic that has operating costs of at least $1,000,000 per year and provides access to discounted prescription drugs.
The measure would go into effect on October 1, 2019.
Most Recent Update: This measure failed in the House chamber upon adjournment on April 8, 2019. The measure may be further studied in the Interim Study by the House Economic Matters Committee.
HB 685 – Harford County – Workers’ Compensation – Permanent Partial Disability – Detention and Correctional Officers and Deputy Sheriffs
Issues: Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure adds certain public employees to those eligible for enhanced workers’ compensation benefits for claims arising on or after October 1, 2020.
This measure states that if a public safety employee is awarded compensation for less than 75 weeks, the employer or its insurer will pay the public safety employee compensation at the rate set for an award of compensation for a period greater than or equal to 75 weeks but less than 250 weeks. Additionally, if a covered employee is awarded compensation for a period equal to or greater than 75 weeks but less than 250 weeks, the employer or its insurer will pay the covered employee weekly compensation that equals two–thirds of the average weekly wage of the covered employee but does not exceed one–third of the State average weekly wage.
This measure adds Harford county deputy sheriff, correctional officers and dentition officers under the definition of “public safety employee”
This measure is effective on October 1, 2020.
Most Recent Update: On May 8, this measure was enacted without Governor Hogan’s (R) signature in accordance with Article II, Section 17 (c) of Maryland State Constitution, which states that any measure presented to the Governor within six days (Sundays excluded), prior to adjournment of any session of the General Assembly, or after such adjournment, will become law without the Governor’s signature. This measure is effective on October 1, 2020.
HB 810 – An Act relating to Workers’ Compensation – Washington County – Volunteer Company – Fire and Rescue Academy Student
Issues: Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure adds certain volunteer firefighters to the list of individuals eligible to receive workers’ compensation.
The measure stipulates that “covered employee” under the Labor and Employment Article of the Maryland Code shall include a member of a volunteer company in Washington County if the individual is at least 15 years old and enrolled in the Fire and Rescue Academy Program operated by the Washington County Board of Education.
Most Recent Update:
On May 7, this measure was enacted without Governor Hogan’s (R) signature in accordance with Article II, Section 17 (c) of Maryland State Constitution, which states that any measure presented to the Governor within six days (Sundays excluded), prior to adjournment of any session of the General Assembly, or after such adjournment, will become law without the Governor’s signature. This measure is effective on July 1, 2020.
Maryland Regulatory Updates 04/01/2020
SB 438 – Workers’ Compensation Act – Death Benefits – Release of Claim
Issues: Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure relates to workers’ compensation benefits for dependents of deceased workers.
This measure specifies that a dependent of a covered employee who dies from an accidental personal injury or occupational disease is not entitled to workers’ compensation death benefits if the covered employee has signed a final compromise and settlement agreement.
The bill also requires the Workers’ Compensation Commission (WCC) to develop a procedure that allows a dependent of a covered employee to agree to (1) the application of a final compromise and settlement agreement entered into by a covered employee to the dependent and (2) the release of any future death benefits by the dependent as part of that agreement.
Most Recent Update: On February 11, 2020, this measure was heard by the Senate Finance Committee. This measure failed upon adjournment of the legislature on Wednesday, March 18, 2020.
Maryland Regulatory Updates 06/03/2019
SB 854 – Workers’ Compensation – Medical Cannabis – Compensation and Benefits
Issues: Workers’ Compensation (Medical Marijuana)
Summary:
This measure outlines provisions related to workers’ compensation coverage for accidents caused solely by the effect of medical cannabis.
This measure provides that a covered employee or a dependent of a covered employee is not entitled to compensation or benefits under the workers’ compensation law if a certain accidental personal injury, compensable hernia, or occupational disease was caused solely by the effect of medical cannabis on the employee and the medical cannabis was not administered or taken with the written certification of a certifying provider or written instructions of a physician; including medical cannabis in the medicine that an employer or its insurer is required to provide to a covered employee under certain circumstances.
Most Recent Update: This measure failed upon adjournment on April 8.
This measure is ineligible for further consideration
SB 916 – Relating to physicians dispensing permit exceptions
Issues: Physician Dispensing, Special Request, Workers’ Compensation (Compounded Drug Limits)
Summary:
This measure provides provides guidelines relating to certain prepackaged topicals administered by a physician, dentist, or podiatrist.
Specifically, this measure provides guidelines for circumstances in which a licensed physician, dentist, or podiatrist shall be authorized to personally prepare and dispense topical medication. The measure provides that such professionals shall not be prohibited from preparing and dispensing prescriptions when such professional has received a written permit from the Board and have completed certain continuing education credits, and provides that a physician may dispense a topical medication for the treatment of hypotichosis without obtaining a dispensing permit or completing continuing education requirements if the physician otherwise complies with specified additional requirements.
Most Recent Update: This measure has been vetoed by Governor Larry Hogan (R).
This measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 3/5 vote in both legislative chambers.
Maryland Services
- Workers’ compensation claims administration
- Medical bill review in compliance with state requirements
- Local PPO development and management
- Case management services
Maryland Resources
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