PROPOSAL
Maryland Register
Issue Date: January 5, 2018
Volume 45• Issue 1 • Pages 35—36
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 14 CANCER CONTROL
10.14.06 Cigarette Restitution Fund Program
Authority: Health-General Article, §§13-1001—13-1014 and 13-1101—
13-1119, Annotated Code of Maryland
Notice of Proposed Action
[18-001-P]
The Secretary of Health proposes to amend Regulations .01—.04 under COMAR 10.14.06 Cigarette Restitution Fund Program.
Statement of Purpose
The purpose of this action is to:
(1) Add “underinsured” individuals to those who qualify for cancer treatment services per Ch. 139 (H.B. 747), Acts of 2017, Public Health — Cigarette Restitution Fund Programs — Modifications;
(2) Clarify which eligibility requirements apply to cancer treatment services and tobacco treatment products; and
(3) Update the name of the Maryland Children’s Health Insurance Program.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 5, 2018. A public hearing has not been scheduled.
.01 Scope.
This chapter establishes the financial eligibility criteria for an uninsured or underinsured individual to receive cancer treatment services and tobacco treatment products under the Cigarette Restitution Fund Program.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Cancer treatment service” means a medical service [or], medical supply, or medical equipment provided to:
(a)—(d) (text unchanged)
[(4) “Children’s Health Insurance Plan” means the program administered by Medical Assistance to provide health insurance coverage to eligible children younger than 19 years old in Maryland.]
[(5)] (4)—[(8)] (7) (text unchanged)
(8) “Maryland Children’s Health Insurance Program” means the program administered by Medical Assistance to provide health insurance coverage to eligible children younger than 19 years old in Maryland.
(9)—(14) (text unchanged)
(15) “Underinsured” individual means an applicant:
(a) Who has private medical insurance, Medical Assistance, Medicare, or Maryland Children’s Health Insurance Program coverage;
(b) For whom the appropriate treatment is not adequately covered due to out-of-pocket costs including:
(i) Copayments;
(ii) Coinsurance; or
(iii) Deductibles; and
(c) Who the Department determines does not have the financial means to pay for appropriate treatment.
[(15)] (16) “Uninsured” individual means an applicant who:
(a) Either:
(i) Does not have private medical insurance, Medical Assistance, Medicare, or Maryland Children’s Health Insurance [Plan] Program coverage; or
(ii) Has private medical insurance, Medical Assistance, Medicare, or Maryland Children’s Health Insurance [Plan] Program coverage that does not provide insurance coverage for medically necessary services for a cancer treatment service or tobacco treatment product; and
(b) (text unchanged)
[(16)] (17) (text unchanged)
.03 Responsibilities of the Department.
The Department shall:
A. Establish guidelines for defining financial eligibility of an [uninsured individual for the purpose of receiving]:
(1) [Cancer] Uninsured or underinsured individual for the purpose of receiving cancer treatment services under the Cancer Prevention, Education, Screening and Treatment Program; and
(2) [Tobacco] Uninsured individual for the purpose of receiving tobacco treatment products under the Tobacco Use Prevention and Cessation Program; and
B. (text unchanged)
.04 Responsibilities of Local Health Departments and Statewide Academic Health Centers.
A. (text unchanged)
B. If a local health department or a Statewide academic health center decides that grant funds under the Cigarette Restitution Fund Program will be used to pay for cancer treatment services or tobacco treatment products:
(1) (text unchanged)
(2) A local health department or a Statewide academic health center shall adhere to the financial guidelines established by the Department for:
(a) Cancer treatment services as set forth in Regulation .05 [and] of this chapter; and
(b) Tobacco treatment products as set forth in Regulation .06 of this chapter.
DENNIS SCHRADER
Secretary of Health
