Legislative Bulletin 2023
LEGISLATIVE BULLETIN
The Legislative Committee monitors all insurance related legislation on your behalf during sessions of the Maryland General Assembly.
HOUSE BILLS
HB0033 (Cross-filed SB0169) - Commercial Law - Consumer Protection - Biometric Data Privacy
Status: MONITOR
Hearing: 2/22 at 1pm
Sponsor: Delegates Love, Charkoudian, Lehman, and Watson / Economic Matters Committee
Synopsis: Regulating the use of biometric data by private entities, including by requiring certain private entities in possession of biometric data to develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanent destruction of biometric data; prohibiting an entity that collects biometric data from selling, leasing, or trading an individual's biometric data; authorizing an individual alleging a violation of the Act to bring a civil action against the offending private entity; etc.
HB0037 (Cross-filed SB0090) - Commercial Law - Consumer Protection - Telephone Solicitation (Stop the Spam Calls Act of 2023)
Status: MONITOR/AMENDMENTS SUBMITTED
Hearing: 2/9 at 1pm
Sponsor: Delegate Stewart/Economic Matters Committee
Synopsis: Prohibiting a person from making certain telephone solicitations to a certain called party in a certain manner by restricting the methods, times, and identifying information that the person making the call may utilize; and making a violation of the Act an unfair, abusive, or deceptive trade practice that is subject to enforcement and penalties under the Maryland Consumer Protection Act.
HB0098 (Cross-filed SB0403) - Condominiums - Declarations and Mandatory Insurance Coverage - Alterations
Status: MONITOR
Hearing: 1/26 at 2pm
Sponsor: Delegate Arentz/Environment & Transportation Committee
Synopsis: Exempting certain condominium units from a requirement to include certain information in a declaration; and altering the types of elements and units for which a council of unit owners is required to maintain certain property insurance and altering certain requirements for the property insurance policy.
HB0107 (Cross-filed SB0059) - Maryland Health Benefit Exchange – Small Employers – Special Enrollment Period and Marketing
Status: MONITOR
Hearing: 2/16 at 1pm
Sponsor: Delegate R. Lewis/Health & Gov't Operations Committee
Synopsis: Requiring the Maryland Health Benefit Exchange to open a special enrollment period for individuals who become employed by a small employer that does not offer employer-sponsored health benefit plans and the individuals' dependents; altering the amount of funds required to be appropriated to the Maryland Health Benefit Fund in certain fiscal years; and requiring certain funds to be allocated for marketing and outreach to small employers and nonprofit employers and their employees to facilitate enrollment in health insurance coverage.
HB0111 (Cross-filed SB0026) - Maryland Medical Assistance Program, Maryland Children's Health Program, and Social Services Programs - Eligibility and Enrollment
Status - MONITOR
Hearing: 2/7 at 3pm
Sponsor: Delegate Charkoudian/Health & Gov't Operations Committee
Synopsis: Requiring the Maryland Department of Health to establish an Express Lane Eligibility Program by January 1, 2025, to enroll individuals, based on certain eligibility, in the Maryland Medical Assistance Program and the Maryland Children's Health Program; requiring the Department of Human Services to enroll individuals, based on certain eligibility, in the Supplemental Nutritional Assistance Program; requiring the Office of Home Energy Programs to enroll certain individuals in certain energy assistance programs; etc.
HB0128 (Cross-filed SB0171) - Private Passenger Motor Vehicle Liability Insurance - Enhanced Underinsured Motorist Coverage - Opt-Out Option
Status - OPPOSE; Submit Written Testimony
Hearing: 2/9 at 1pm
Sponsor: Delegate Crosby/Economic Matters Committee
Synopsis: Converting enhanced underinsured motorist coverage from an opt-in offering of coverage into an opt-out coverage option under provisions of law establishing requirements for private passenger motor vehicle liability insurance.
HB0314 - Motor Vehicle Insurance - Rate Filings - Trade Secrets and Factors Used to Establish Rates
Status: MONITOR
Hearing: First Reading Economic Matters Committee
Sponsor: Delegate Washington/Economic Matters Committee
Synopsis: Repealing certain confidentiality protections for proprietary rate-related information; and prohibiting an insurer that uses territory as a factor in establishing automobile insurance rates from using more than five territories.
HB0335 (Cross-filed SB0406) - Workers' Compensation - Occupational Disease Presumptions - First Responders
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegate Hill/Economic Matters Committee
Synopsis: Providing that a first responder who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed under certain circumstances to have an occupational disease that was suffered in the line of duty and is compensable under workers' compensation law; limiting the applicability of the presumption to benefits for services related to the diagnosis and treatment of post-traumatic stress disorder for a period of 2 years immediately following an initial diagnosis; etc.
HB0355 - Baltimore City Lifeline Low-Cost Automobile Insurance Program
Status: HEARING CANCELED
Sponsor: Delegate Bridges/Economic Matters Committee
Synopsis: Establishing the Baltimore City Lifeline Low-Cost Automobile Insurance Program in the Maryland Automobile Insurance Fund to offer low-cost automobile insurance policies to residents of Baltimore City; requiring the Program, on receipt of a certain premium, to sell, issue, and deliver certain policies of automobile insurance to individuals who meet certain eligibility requirements; requiring the Program to offer certain applicants the option to purchase certain additional coverages; etc.
HB0590 (Cross-filed SB0377) - Workers' Compensation - Benefits - Offset and Hearing Loss
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegate Pruski / Economic Matters Committee
Synopsis: Altering the circumstances under which the payment of a benefit by a governmental unit or quasi-public corporation to a covered employee offsets the liability for benefits under the workers' compensation law; altering the method used to determine the deduction required to be made to allow for the average amount of hearing loss from nonoccupational causes in the population for purposes of calculating workers' compensation benefits for occupational deafness; etc.
HB0694 - Labor and Employment - Workers' Compensation - Licensed Certified Social Worker-Clinical
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegates Boafo, Grossman, and McCaskill / Economic Matters Committee
Synopsis: Authorizing a licensed certified social worker-clinical to register as a rehabilitation practitioner and perform specified services for workers' compensation purposes; requiring a licensed certified social worker-clinical to be certified by the State Board of Social Work Examiners to qualify for registration; etc.
HB0721 (Cross-filed SB0892) - Motor Vehicle Insurance – Insurance Identification Card – Multiple Named Insureds
Status: MONITOR
Hearing: 2/16 at 1pm
Sponsor: Delegates Wilkins, Charkoudian, and Moon / Economic Matters Committee
Synopsis: Requiring, for a motor vehicle liability insurance policy with multiple named insureds, an insurer to provide an identification card that indicates all named insureds or separate insurance identification cards for each named insured on the policy on request of a named insured.
HB0832 - Labor and Employment - Equal Pay for Equal Work - Wage Range Transparency
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegates Queen and White / Economic Matters Committee
Synopsis: Altering the requirement that an employer disclose certain wage information to an applicant for employment; requiring an employer or, under certain circumstances, an employer agency, to disclose certain wage information in certain postings and to certain employees at certain times; requiring an employer to set the wage range disclosed in good faith; prohibiting an employer from taking a certain retaliatory action; and requiring each employer to keep a record of compliance with certain provisions of the Act.
HB0902 (Cross-filed SB0839) - Labor and Employment - Workers' Compensation - Hernia
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegates Pruski and Rogers
Synopsis: 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.
HB0903 - Insurance - Maryland Automobile Insurance Fund - Assessments
Status: MONITOR
Hearing: 2/23 at 1pm
Sponsor: Delegate Crosby / Economic Matters Committee
Synopsis: Altering the formula for the calculation of certain assessments by the Maryland Automobile Insurance Fund; requiring the Maryland Insurance Commissioner, under certain circumstances, to authorize the Maryland Automobile Insurance Fund to withdraw certain amounts from a certain overassessment account to offset certain private passenger auto and commercial auto assessments; prohibiting members of the Industry Automobile Insurance Association from being subject to an annual assessment under certain circumstances; etc.
HB0909 (Cross-filed SB0538) - Workers' Compensation - Occupational Disease Presumptions - Hypertension
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegates Rogers, Amprey, Boafo, Charkoudian, Fennell, Fraser-Hidalgo, A. Johnson, Pruski, Qi, Queen, Turner, and Valderrama / Economic Matters Committee
Synopsis: Repealing the requirement that certain firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and members of the Office of the State Fire Marshal experience partial or total disability or death for hypertension to be presumed to be an occupational disease that was suffered in the line of duty and is compensable under workers' compensation law.
HB0920 (Cross-filed SB0793) - Consumer Protection - Motor Vehicle Glass Repair or Replacement - Advanced Driver Assistance System Recalibration
Status: MONITOR
Hearing: 3/1 at 1pm
Sponsor: Delegate Watson / Economic Matters Committee
Synopsis: Establishing consumer protections related to the repair or replacement of motor vehicle glass on motor vehicles equipped with an advanced driver assistance system.
HB0988 (Cross-filed 0828) - Family and Medical Leave Insurance Program - Modifications
Status: MONITOR
Hearing: 3/7 at 1pm
Sponsor: Delegates Qi, Embry, and R. Lewis / Economic Matters Committee
Synopsis: Modifying the Family and Medical Leave Insurance Program by clarifying and altering certain provisions relating to the administration of the Program; establishing the employer and employee shares of the total rate of contribution; requiring the State to pay for certain contributions for certain employers and certain covered employees; prohibiting a covered individual from being required to use certain leave before, or while, receiving benefits under the Program; etc.
HB0998 - Maryland Insurance Administration - Study on Diminished Value Within the Automobile Industry
Status: MONITOR
Hearing: 3/9 at 1pm
Sponsor: Delegate Ivey / Economic Matters Committee
Synopsis: Requiring the Maryland Insurance Administration to study and make recommendations about State practices on diminished value within the automobile industry; and requiring the Administration to report its findings and recommendations to the Governor and the General Assembly by December 31, 2023.
HB1001 - Baltimore City - Workforce Development Automobile Insurance Subsidy Program
Status: MONITOR
Hearing: 3/9 at 1pm
Sponsor: Delegate Bridges / Economic Matters Committee
Synopsis: Establishing the Baltimore City Workforce Development Automobile Insurance Subsidy Program within the Division of Workforce Development and Adult Learning to provide subsidies for private passenger automobile insurance to eligible graduates; requiring the Governor to include in the annual budget bill $5,000,000 for fiscal year 2025 and each fiscal year thereafter; and requiring the Department of Labor to annually report to the Governor and the General Assembly certain information about the Program.
HB1012 - Workers' Compensation - Fees for Legal Services
Status: MONITOR
Hearing: 2/28 at 1pm
Sponsor: Delegate Valderrama / Economic Matters Committee
Synopsis: 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.
HB1111 - Baltimore County - Insurance - Certificates of Guarantee for County Bond Requirements
Status: MONITOR
Hearing: 2/23 at 1pm
Sponsor: Delegates Phillips and Ebersole
Synopsis: Authorizing Baltimore County to honor certificates of guarantee that are issued by certain associations or on behalf of certain contractors in order to satisfy certain county bond requirements; and providing that Baltimore County is not required under certain provisions of law to honor certain certificates of guarantee.
HB1187 - Peer-to-Peer Car Sharing Programs - Insurance and Liability
Status: MONITOR
Hearing: 3/2 at 1pm
Sponsor: Delegates Fraser-Hidalgo, Amprey, and Solomon / Economic Matters Committee
Synopsis: Repealing certain provisions of law authorizing a peer-to-peer car sharing program's motor vehicle liability insurance policy on a replacement vehicle to be secondary coverage for a shared vehicle driver; altering certain motor vehicle liability insurance requirements applicable to peer-to-peer car sharing programs; authorizing a peer-to-peer car sharing program to transfer monetary liability and charge a shared vehicle owner for certain tolls, fees, charges, or fines imposed under certain circumstances; etc.
HB1205 - Commercial Law - Consumer Protection - Automated Bill Payments
Status: MONITOR
Hearing: 3/1 at 1pm
Sponsor: Delegates Miller and McComas
Synopsis: Requiring a certain business that uses an automated bill payment system to provide a certain notice in electronic form to a consumer at least 2 business days before each time a payment is to be deducted from the consumer's bank account or credit card account in accordance with a certain contract.
Senate Bills
SB0059 (Cross-filed HB0107) - Maryland Health Benefit Exchange – Small Employers – Special Enrollment Period and Marketing
Status: MONITOR
Hearing: 2/1 at 2:30pm
Sponsor: Senator Hester / Finance Committee
Synopsis: Requiring the Maryland Health Benefit Exchange to open a special enrollment period for individuals who become employed by a small employer that does not offer employer-sponsored health benefit plans and the individuals' dependents; altering the amount of funds required to be appropriated to the Maryland Health Benefit Fund in certain fiscal years; and requiring certain funds to be allocated for marketing, outreach, and programs to small employers and nonprofit employers and their employees for a certain purpose.
SB0081 - Labor and Employment - State Minimum Wage Rate - Acceleration (Fight for Fifteen Acceleration Act of 2023)
Status: WITHDRAWN BY SPONSOR
Sponsor: Senator Waldstreicher / Finance Committee
Synopsis: Increasing the State minimum wage rate changes in effect for certain periods of time; and repealing the authority of the Board of Public Works to temporarily suspend an increase to the State minimum wage rate.
SB0090 (Cross-filed HB0037) - Commercial Law – Consumer Protection – Telephone Solicitation (Stop the Spam Calls Act of 2023)
Status - MONITOR/AMENDMENTS SUBMITTED
Hearing: 2/1 at 2:30pm
Sponsor: Senator Kramer / Finance Committee
Synopsis: Prohibiting a person from making certain telephone solicitations to a certain called party in a certain manner by restricting the methods, times, and identifying information that the person making the call may utilize; and making a violation of the Act an unfair, abusive, or deceptive trade practice that is subject to enforcement and penalties under the Maryland Consumer Protection Act.
SB0171 (Cross-filed HB0128) - Private Passenger Motor Vehicle Liability Insurance - Enhanced Underinsured Motorist Coverage - Opt-Out Option
Status - OPPOSE; Submit Written Testimony
Hearing: 2/8 at 1pm
Sponsor: Senator Feldman and Klausmeier / Finance Committee
Synopsis: Converting enhanced underinsured motorist coverage from an opt-in offering of coverage into an opt-out coverage option under provisions of law establishing requirements for private passenger motor vehicle liability insurance.
SB0233 - Condominiums - Property Insurance - Repair of Damage
Status - WITHDRAWN BY SPONSOR
Sponsor: Senator Klausmeier / Finance Committee
Synopsis: Providing that a requirement that the council of unit owners of a condominium repair or replace certain damage or loss applies in the event of a covered loss; and specifying that, in the case of a covered loss, the owner of the condominium unit where the cause of certain damage or destruction originated is responsible for a certain insurance deductible for the cost of certain repairs or replacements.
SB0377 (Crossfiled HB0590) - Workers' Compensation - Benefits - Offset and Hearing Loss
Status: MONITOR
Hearing: Hearing 2/21 at 1pm
Sponsor: Senator Kramer / Finance Committee
Synopsis: Altering the circumstances under which the payment of a benefit by a governmental unit or quasi-public corporation to a covered employee offsets the liability for benefits under the workers' compensation law; altering the method used to determine the deduction required to be made to allow for the average amount of hearing loss from nonoccupational causes in the population for purposes of calculating workers' compensation benefits for occupational deafness; etc.
SB0403 (Cross-filed HB0098) - Condominiums - Declarations and Mandatory Insurance Coverage - Alterations
Status: MONITOR
Hearing: 2/16 at 1pm
Sponsor: Senator Hershey / Judicial Proceedings Committee
Synopsis: Exempting certain condominium units from a requirement to include certain information in a declaration; and altering the types of elements and units for which a council of unit owners is required to maintain certain property insurance and altering certain requirements for the property insurance policy.
SB0406 (Cross-filed HB0338) - Workers' Compensation - Occupational Disease Presumptions - First Responders
Status: MONITOR
Hearing: 2/21 at 1pm
Sponsor: Senator Kagan and Jackson / Finance Committee
Synopsis: Providing that a first responder who is diagnosed by a licensed psychologist or psychiatrist with post-traumatic stress disorder is presumed under certain circumstances to have an occupational disease that was suffered in the line of duty and is compensable under workers' compensation law; limiting the applicability of the presumption to benefits for services related to the diagnosis and treatment of post-traumatic stress disorder for a period of 2 years immediately following an initial diagnosis; etc.
SB0530 - Insurance - Maryland Automobile Insurance Fund - Assessments
Status - MONITOR
Hearing: 2/22 at 1pm
Sponsor: Senator Klausmeier and McCray / Finance Committee
Synopsis: Altering the formula for the calculation of certain assessments by the Maryland Automobile Insurance Fund; requiring the Maryland Insurance Commissioner, under certain circumstances, to authorize the Maryland Automobile Insurance Fund to withdraw certain amounts from a certain overassessment account to offset certain private passenger auto and commercial auto assessments; prohibiting members of the Industry Automobile Insurance Association from being subject to an annual assessment under certain circumstances; etc.
SB0538 (Cross-filed HB0919) - Workers' Compensation - Occupational Disease Presumptions - Hypertension
Status: MONITOR
Hearing: 2/21 at 1pm
Sponsor: Senator Kramer / Finance Committee
Synopsis: Repealing the requirement that certain firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and members of the Office of the State Fire Marshal experience partial or total disability or death for hypertension to be presumed to be an occupational disease that was suffered in the line of duty and is compensable under workers' compensation law.
SB0591 - Labor and Employment - Noncompete and Conflict of Interest Provisions - Application of Prohibition
Status: MONITOR
Hearing: 3/2 at 1pm
Sponsor: Senator Smith / Finance Committee
Synopsis: Altering the application of the prohibition on including a noncompete or conflict of interest provision in an employment contract or similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self-employed in the same or similar business or trade.
SB0793 (Cross-filed HB0920) - Consumer Protection - Motor Vehicle Glass Repair or Replacement - Advanced Driver Assistance System Recalibration
Status: MONITOR
Hearing: 3/8 at 1pm
Sponsor: Senators West, Feldman, Beidle, and Klausmeier / Finance Committee
Synopsis: Establishing consumer protections related to the repair or replacement of motor vehicle glass on motor vehicles equipped with an advanced driver assistance system.
SB0816 (Cross-filed HB0314) - Motor Vehicle Insurance - Rate Filings - Trade Secrets and Factors Used to Establish Rates
Status: MONITOR
Hearing: 3/15 at 1pm
Sponsor: Senator A. Washington / Finance Committee
Synopsis: Repealing certain confidentiality protections for proprietary rate-related information; and prohibiting an insurer that uses territory as a factor in establishing automobile insurance rates from using more than five territories; and applying the Act to all policies and motor vehicle insurance offered, issued, or delivered in the State on or after January 1, 2024.
SB0828 (Cross-filed HB0988) - Family and Medical Leave Insurance Program - Modifications
Status: MONITOR
Hearing: 3/2 at 1pm
Sponsor: Senator Hayes / Finance Committee
Synopsis: Modifying the Family and Medical Leave Insurance Program by clarifying and altering certain provisions relating to the administration of the Program; establishing the employer and employee shares of the total rate of contribution; requiring the State to pay for certain contributions for certain employers and certain covered employees; prohibiting a covered individual from being required to use certain leave before, or while, receiving benefits under the Program; etc.
SB0839 (Cross-filed HB0902) - Labor and Employment - Workers' Compensation - Hernia
Status: MONITOR
Hearing: 2/21 at 1pm
Sponsor: Senator Kramer / Finance Committee
Synopsis: Specifying that covered employee must report to the employer a diagnosis of athletic pubalgia hernia with 45 days after the diagnosis.
SB0861 - Consumer Protection - Scanning or Swiping Identification Cards and Driver's Licenses - Prohibition
Status: MONITOR
Hearing: 3/15 at 1pm
Sponsor: Senator Kagan / Finance Committee
Synopsis: Prohibiting a person from using a scanning device to scan or swipe an identification card or a driver's license of an individual to obtain personal information of the individual; prohibiting a person from taking certain actions regarding information collected by scanning or swiping an individual's identification card or driver's license under certain circumstances; providing that a violation of the Act is an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act and subject to certain penalties; etc.