Mid-Atlantic Health Law TOPICS

The Maryland General Assembly’s 2026 Legislative Session concluded with the enactment of many health care laws that will impact health care facilities, providers, insurers, and patients in the State. Here are some of the highlights from the 2026 Session.

Health Care Facility Operations and Staffing

Health Care Facility Operations and Staffing Maryland has enacted the Safe Staffing Act of 2026, which requires hospitals to establish clinical staffing committees tasked with developing and implementing staffing plans that meet specific standards. This initiative aims to improve patient care and reduce staff burnout. 

Other recent legislative updates target Maryland’s certificate of need (CON) framework for intermediate health care facilities providing substance use disorder treatment by repealing a prior bed-capacity exemption, revising when a CON is not required for medically managed treatment capacity changes, and creating a conditional exemption for certain medically managed residential treatment facilities.

Nursing Homes and Long Term Care Facilities

Maryland's Longevity Ready Maryland Act requires the Secretary of Aging to implement a comprehensive plan that will transform programs, services, and systems for older adults. Health care facilities should prepare for changes in service delivery models, care coordination requirements, and age-friendly infrastructure standards. 

Additionally, the Maryland Department of Health is now required to notify the local health department of investigations, allowing them to prepare for regulatory oversight.

Health Insurance Coverage and Reimbursement

Several new laws address insurance coverage and reimbursement policies. Maryland has codified federal mental health parity requirements into State law regarding equitable coverage for mental health and substance use disorder treatments while granting the Maryland Insurance Administration enforcement authority to oversee compliance. 

In support of integrated behavioral health care, the State has eliminated cost-sharing requirements for services provided under the Collaborative Care Model, removing financial barriers for patients. 

Furthermore, the Maryland Medical Assistance Program and certain insurers, nonprofit health service plans, and health maintenance organizations must now provide comprehensive coverage for screening and treatment of perinatal behavioral health conditions.

The “So Every Body Can Move Act” mandates certain coverage for orthoses and prostheses starting January 1, 2027.

Similarly, insurers must cover scalp cooling systems for hair preservation during chemotherapy treatments, effective the same date.

Additionally, services provided by graduate- level clinical interns in counseling, social work, or psychology are now reimbursable under specified conditions.

Provider Network and Administrative Requirements

Health systems must now provide timely notification to patients regarding contract terminations and changes to provider panels, with special enrollment periods established for affected patients to maintain care continuity. 

The State has also modified the application process for health care providers seeking to join carrier provider panels by eliminating application fees and imposing stricter notice requirements for carriers.

Artificial Intelligence and Privacy

Maryland is creating a 3-1-1 Oversight Board to guide responsible use of AI in handling calls and improving access to health and social services statewide.

Maryland has also enacted new data privacy legislation limiting how State agencies collect and use personal information, requiring deletion and de-identification protocols, expanding “personal information” to include health and genetic data, and mandating privacy notices and designated Privacy Officers for compliance.
 

K. Eva Kessler
410-576-4251 • kkessler@gfrlaw.com

K. Eva Kessler
410-576-4224 • brosen@gfrlaw.com