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*sb0774*
SENATE BILL 774
J5 6lr2532
CF HB 1157
By: Senator Augustine
Introduced and read first time: February 6, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 2026
CHAPTER ______
AN ACT concerning 1
Health Insurance – Plan Benefits and Coverage – Annual Reporting 2
(Transparency, Reporting, Understanding, Timeliness, and Honesty 3
(TRUTH) in Mental Health Coverage Act) 4
FOR the purpose of requiring each carrier that provides a health benefit plan in the State 5
to report certain data regarding claims and coverage to the Maryland Insurance 6
Commissioner using a certain template templates; requiring the Commissioner to 7
develop a template templates for carriers to report the data and make the data 8
publicly available by posting certain data on a public website and developing and 9
maintaining certain data dashboards; authorizing the Commissioner to adopt 10
regulations to establish regulatory fees or assessments to cover the costs of 11
implementing this Act; and generally relating to health benefit plans issued in the 12
State. 13
BY adding to 14
Article – Insurance 15
Section 15–2201 through 15–2208 15–2205 to be under the new subtitle “Subtitle 22.16
Transparency, Reporting, Understanding, Timeliness, and Honesty in Mental 17
Health Coverage” 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
2 SENATE BILL 774
Article – Insurance 1
SUBTITLE 22. TRANSPARENCY, REPORTING, UNDERSTANDING, TIMELINESS, AND 2
HONESTY IN MENTAL HEALTH COVERAGE. 3
15–2201. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAV E THE MEANINGS 5
INDICATED. 6
(B) “BEHAVIORAL HEALTH CAR E SERVICES ” MEANS MENTAL HEALTH 7
DISORDER CARE SERVICES AND SUBSTANCE USE DISORDER CARE SERVICES. 8
(C) “CARRIER” HAS THE MEANING STATED IN § 15–144 OF THIS TITLE. 9
(D) (1) “FACILITY TYPE” MEANS THE CATEGORY OF FACILITY AND LEVEL 10
OF CARE IN WHICH SERVICES ARE PROVIDED. 11
(2) “FACILITY TYPE” INCLUDES: 12
(I) OUTPATIENT FACILITIE S, INCLUDING INTENSIVE 13
OUTPATIENT AND PARTIAL HOSPITALIZATION SERVICES; 14
(II) ACUTE INPATIENT FACILITIES; AND 15
(III) SUB–ACUTE INPATIENT FACI LITIES, INCLUDING 16
RESIDENTIAL CARE FACILITIES OR SKILLED NURSING FACILITIES. 17
(E) “HEALTH BENEFIT PLAN ” HAS THE MEANING STAT ED IN § 15–144 OF 18
THIS TITLE. 19
(F) “MEDICAL OR SURGICAL MEDICAL/SURGICAL SERVICES” MEANS ANY 20
HEALTH CARE SERVICES OR BENEFITS THAT ARE NOT MENTAL HEALTH OR 21
SUBSTANCE USE CARE S ERVICES HAS THE MEANING STAT ED IN § 15–144 OF THIS 22
TITLE. 23
(G) “MENTAL HEALTH SERVICES BENEFITS” MEANS SERVICES OR BENEFITS 24
FOR THE DIAGNOSIS OR TREATMENT OF MENTAL HEALTH DISORDERS OTHER THAN 25
SUBSTANCE USE DISORD ERS, AS CLASSIFIED IN THE MENTAL AND BEHAVIORA L 26
DISORDERS CHAPTERS OF THE INTERNATIONAL CLASSIFICATION OF DISEASES AND 27
THE MENTAL DISORDER DIAGNOSTIC CATEGORIE S OF THE DIAGNOSTIC AND 28
STATISTICAL MANUAL OF MENTAL DISORDERS HAS T HE MEANING STATED IN § 29
15–144 OF THIS TITLE. 30
SENATE BILL 774 3
(H) “PLAN LEVEL ” MEANS THE STANDARDIZ ED SYSTEM CLASSIFYIN G 1
HEALTH CARE PLANS BASED ON THE COST–SHARING STRUCTURE. 2
(H) “PRODUCT” HAS THE MEANING STATED IN § 15–144 OF THIS TITLE. 3
(I) (1) “PROVIDER TYPE ” MEANS THE CATEGORY O F HEALTH CARE 4
SERVICES THAT A HEALTH CARE PROFESSIONAL PROVIDES. 5
(2) “PROVIDER TYPE” INCLUDES: 6
(I) PSYCHIATRISTS; 7
(II) NURSE PRACTITIONERS IDENTIFIED BY SPECIA LTY, 8
INCLUDING PSYCHIATRIC NURSE PRACTITIONERS; 9
(III) PHYSICIAN ASSISTANTS IDENTIF IED BY SPECIALTY , 10
INCLUDING PSYCHIATRIC PHYSICIAN ASSISTANTS; 11
(IV) PSYCHOLOGISTS; 12
(V) OTHER INDEPENDENTLY LICENSED BEHAVIORAL HEALTH 13
PROVIDERS; 14
(VI) PRIMARY CARE PHYSICIANS; AND 15
(VII) SPECIALIST PHYSICIAN S, INCLUDING SUR GICAL 16
PHYSICIANS. 17
(J) “SUBSTANCE USE SERVICES” MEANS SERVICES OR BENEFITS PROVIDED 18
FOR THE DIAGNOSIS AN D TREATMENT OF SUBST ANCE USE DISORDERS , AS 19
CLASSIFIED IN THE MO ST CURRENT VERSIONS OF THE INTERNATIONAL 20
CLASSIFICATION OF DISEASES AND THE DIAGNOSTIC AND STATISTICAL MANUAL 21
OF MENTAL DISORDERS. 22
(J) “SUBSTANCE USE DISORDER BENEFITS” HAS THE MEANING STATED IN § 23
15–144 OF THIS TITLE. 24
(K) “UTILIZATION REVIEW” MEANS THE PROSPECTIV E, CONCURRENT, OR 25
RETROSPECTIVE REVIEW OF THE MEDICAL NECES SITY AND APPROPRIATENESS OF 26
A TREATMENT OR RESOU RCE ALLOCATION TO AN ENROLLEE OR GROUP OF 27
ENROLLEES HAS THE MEANING STATED IN § 15–10B–01 OF THIS TITLE. 28
4 SENATE BILL 774
15–2202. 1
(A) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING IN 2028 2027, EACH 2
CARRIER THAT PROVIDE S A HEALTH BENE FIT PLAN SUBJECT TO INSURANCE 3
REGULATION IN THE STATE SHALL: 4
(1) REPORT TO THE COMMISSIONER THE FOLLOWING INFORMATION 5
ON THE TEMPLATE TEMPLATES DEVELOPED BY THE COMMISSIONER UNDER § 6
15–2203 OF THIS SUBTITLE: 7
(I) CLAIMS DATA SUFFICIE NT TO EVALUATE , FOR EACH 8
FACILITY TYPE AND PROVIDER TYPE, ACCESS TO AND COVERAGE OF: 9
1. MENTAL HEALTH SERVICES; 10
2. SUBSTANCE USE SERVICES; 11
3. BEHAVIORAL HEALTH SERVICES; 12
4. MEDICAL OR SURGICAL SERVICES; 13
5. YOUTH AND ADULT SERV ICES, SEPARATELY AND 14
COMBINED; 15
6. IN–PERSON AND TELEHEALT H SERVICES , 16
SEPARATELY AND COMBINED; AND 17
7. GEOGRAPHIC AREA , AS SPECIFIED BY THE 18
COMMISSIONER; 19
(II) WHETHER THE FACILITY OR PROFESSIONAL HEALTH CARE 20
PROVIDER IS AFFILIAT ED WITH , OWNED BY , OR UNDER COMMON CONTROL WITH 21
THE CARRIER, AS SPECIFIED BY THE COMMISSIONER; AND 22
(III) CLAIMS DATA , DISAGGREGATED BY FAC ILITY TYPE , 23
PROVIDER TYPE, YOUTH ENROLLEES, ADULT ENROLLEES, IN–PERSON VISITS, AND 24
TELEHEALTH VISITS, SUFFICIENT ALL METRICS THE COMMISSIONER DETERMINES 25
ARE NECESSARY TO EVALUATE: 26
1. (I) NETWORK ACCURACY , AVAILABILITY, AND 27
PARTICIPATION, INCLUDING WHETHER PR OVIDERS LISTED AS IN –NETWORK ARE 28
AVAILABLE TO PROVIDE COVERED SERVICES TO ENROLLEES; 29
SENATE BILL 774 5
2. (II) NETWORK SIZE AND COMPOSITION, INCLUDING 1
THE SIZE OF CARRIER NETWORKS RELATIVE TO THE AVAILABLE SUPPLY OF 2
STATE–LICENSED HEALTH CARE PROVIDERS FOR PROVIDER SPECIAL TY TYPES 3
IDENTIFIED BY THE COMMISSIONER; 4
3. (III) NETWORK ADMISSION AN D CONTRACTING 5
PRACTICES, INCLUDING PRACTICES RELATING TO PROVIDER CREDENTIALING, 6
CONTRACTING, AND EFFECTIVE PARTICIPATION IN CARRIER NETWORKS PROVIDER 7
CREDENTIALING AND CONTRACTING TIMELINES BY PROVIDER SPECIALTY TYPE, AS 8
DEFINED BY THE COMMISSIONER; 9
4. (IV) IN–NETWORK REIMBURSEMENT, INCLUDING 10
IN–NETWORK REIMBURSEMEN T LEVELS AND PAYMENT DISTRIBUTIONS FOR 11
COVERED SERVICES, AND COMPARISON TO ONE OR MORE EXTERNAL BENCHMARKS, 12
AS DETERMINED BY THE COMMISSIONER; 13
5. (V) OUT–OF–NETWORK UTILIZATION , INCLUDING 14
THE EXTENT TO WHICH COVERED SERVICES ARE FURNISHED AND REIMBURSED AT 15
OUT–OF–NETWORK BENEFIT LEVELS; 16
6. (VI) ACCESS TO EVIDENCE –BASED BEHAVIORAL 17
HEALTH CARE DELIVERY MODELS, INCLUDING ACCESS TO AND UTILIZATION OF 18
PSYCHIATRIC COLLABOR ATIVE CARE AND OTHER EVIDENCE–BASED MODELS , AS 19
DETERMINED BY THE COMMISSIONER; AND 20
7. (VII) ANY ADDITIONAL METRI CS THE 21
COMMISSIONER DETERMIN ES NECESSARY FOR PUB LIC COMPARISON AND 22
OVERSIGHT, INCLUDING THOSE RELA TED TO ACCESS TO TIM ELY, CLINICALLY 23
APPROPRIATE CARE , UTILIZATION REVIE W, NETWORK ADEQUACY , 24
REIMBURSEMENT EQUITY, OR COMPLIANCE WITH FEDERAL OR STATE; AND 25
(2) SUBMIT A CERTIFICATI ON SIGNED BY THE CAR RIER’S CHIEF 26
FINANCIAL OFFICER UNDER PENALTY OF PERJU RY STATING THAT THE REPORTED 27
DATA ARE COMPLETE AND ACCURATE AND CALCULATIONS FOLLOW THE TEMPLATE 28
DEFINITIONS AND INSTRUCTIONS. 29
(B) THE DATA REPORTED IN ACCORDANCE WITH SUBSECTION (A) OF THIS 30
SECTION IS NOT PROPRIETARY OR CONFIDENTIAL BUT IS SUBJECT TO THE CENTERS 31
FOR MEDICARE AND MEDICAID SERVICES CELL SUPPRES SION STANDARDS , 32
INCLUDING FOR PURPOS ES OF MAKING THE DAT A PUBLICLY AVAILABLE AS 33
REQUIRED UNDER § 15–2204 OF THIS SUBTITLE. 34
6 SENATE BILL 774
(C) THE DATA REQUIRED TO BE REPORTED UNDER SU BSECTION (A)(1) OF 1
THIS SECTION SHALL BE DISAGGREGAT ED BY FACILITY TYPE , PROVIDER TYPE , 2
YOUTH ENROLLEES, AND ADULT ENROLLEES, AS DEFINED BY THE COMMISSIONER. 3
15–2203. 4
(A) THE COMMISSIONER SHALL DE VELOP A UNIFORM TEMPLATE 5
TEMPLATES FOR CARRIERS TO REPO RT THE INFORMATION R EQUIRED UNDER § 6
15–2202(A)(1) OF THIS SUBTITLE. 7
(B) IN DEVELOPING THE A REPORTING TEMPLATE , THE COMMISSIONER 8
SHALL REVIEW AND CONSIDER FORMATS THAT ARE: 9
(1) USED BY INSURANCE REGULATORS IN OTHER STATES; 10
(2) ENDORSED AND USED BY ONE OR MORE EMPLOYER COALITIONS, 11
HUMAN RESOURCES ASSO CIATIONS, OR MENTAL HEALTH NON PROFIT 12
ORGANIZATIONS; OR 13
(3) CITED BY THE FEDERAL DEPARTMENT OF LABOR OR FEDERAL 14
DEPARTMENT OF HEALTH AND HUMAN SERVICES. 15
(C) (1) THE COMMISSIONER SHALL EN SURE COMPARABILITY A CROSS 16
CARRIERS BY ADOPTING UNIFORM TEMPLATES, DEFINITIONS, AUDIT PROCEDURES, 17
AND CORRECTION PROTOCOLS. 18
(2) THE COMMISSIONER MAY REFI NE, GROUP, STRATIFY, OR NOT 19
INCLUDE DIAGNOSTIC C ATEGORIES OR CONDITI ONS WITHIN MENTAL HE ALTH OR 20
SUBSTANCE USE DISORD ER BENEFITS TO ENSUR E MEANINGFUL, ACCURATE, AND 21
COMPARABLE PUBLIC REPORTING. 22
(3) THE COMMISSIONER MAY SATISF Y REPORTING REQUIREM ENTS 23
UNDER THIS SUBTITLE USING DATA COLLECTED OR MAINTAINED BY THE 24
ADMINISTRATION FOR OT HER PURPOSES , PROVIDED THAT THE COMMISSIONER 25
MAKES THE DATA USED AVAILABLE IN ACCORDA NCE WITH § 15–2204 OF THIS 26
SUBTITLE. 27
15–2204. 28
NOT LATER THAN 3 5 MONTHS AFTER RECEIVI NG DATA REQUIRED TO BE 29
REPORTED UNDER § 15–2202(A)(1) OF THIS SUBTITLE, THE COMMISSIONER SHALL 30
MAKE THE DATA PUBLICLY AVAILABLE BY: 31
SENATE BILL 774 7
(1) DEVELOPING AND MAINT AINING AN INTERACTIV E VIRTUAL 1
DASHBOARD TO VISUALLY PRESENT THE COLLECTED DATA THAT: 2
(I) INCLUDES A SEPARATE DISPLAY OF ADULT OUTCOMES AND 3
OUTCOMES FOR INDIVIDUALS UNDER THE AGE OF 18 YEARS; AND 4
(II) ALLOWS COMPARISONS B ETWEEN PLANS , CARRIERS, AND 5
PLAN LEVELS; AND 6
(2) POSTING THE DATA IN AN EASILY ACCESSIBLE , 7
CONSUMER–FRIENDLY MANNER ON A PUBLIC WEBSITE THAT INCLUDES 8
DOWNLOADABLE FILES SUFFICIENT TO ALLOW P UBLIC ANALYSIS, RESEARCH, AND 9
INDEPENDENT COMPARISON. 10
15–2205. 11
(A) THE COMMISSIONER MAY ADOP T REGULATIONS TO ES TABLISH 12
REGULATORY FEES OR A SSESSMENTS ON CARRIE RS TO RECOVER THE CO STS OF 13
IMPLEMENTING THIS SU BTITLE, INCLUDING MAINTAININ G THE DASHBOARD 14
REQUIRED UNDER § 15–2204(1) OF THIS SUBTITLE. 15
(B) FEES AND ASSESSMENTS COLLECTED UNDER THIS SECTION: 16
(1) SHALL BE DEPOSITED INTO THE INSURANCE REGULATION FUND 17
ESTABLISHED UNDER § 2–505 OF THIS ARTICLE; AND 18
(2) MAY BE USED ONLY FOR THE PURPOSES SPECIFI ED IN 19
SUBSECTION (A) OF THIS SECTION. 20
15–2206. 21
(A) THE FAILURE TO SUBMIT TIMELY, COMPLETE, OR ACCURATE DATA 22
CONSTITUTES AN UNFAIR OR DECEPTIVE ACT OR PRACTICE UNDER TITLE 27 OF 23
THIS ARTICLE. 24
(B) THE COMMISSIONER MAY REFE R A CARRIER THAT FAI LS TO COMPLY 25
WITH THE REQUIREMENT S OF THIS SUBTITLE T O THE ATTORNEY GENERAL FOR 26
INVESTIGATION OR CIVIL ACTION. 27
15–2207. 28
THE COMMISSIONER MAY ADOP T REGULATIONS TO CAR RY OUT THIS 29
SUBTITLE. 30
8 SENATE BILL 774
15–2208. 15–2205. 1
THIS SUBTITLE MAY BE CITED AS THE TRANSPARENCY, REPORTING, 2
UNDERSTANDING, TIMELINESS, AND HONESTY (TRUTH) IN MENTAL HEALTH 3
COVERAGE ACT. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
January 1, 2027. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.