<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 31.10.44.05" title_num="31" subtitle_num="10" chapter_num="44" heading="Travel Distance Standards.">
  <paragraph num="A.">
    <text>Sufficiency Standards.</text>
    <paragraph num="(1)">
      <text>Standard and Methodology.</text>
      <paragraph num="(a)">
        <text>Except as stated in §B of this regulation, each provider panel of a carrier shall have within the geographic area served by the carrier’s network or networks, sufficient primary care providers, specialty providers, mental health and substance use disorder providers, hospitals, and health care facilities to meet the maximum travel distance standards listed in the chart in §A(5) of this regulation for each type of geographic area.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The distances listed in §A(5) of this regulation shall be:</text>
        <paragraph num="(i)">
          <text>Measured from the enrollee’s place of residence to the practicing location of the provider or facility; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Calculated based on road travel distance.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Except for those provider types excluded under §A(3) of this regulation, for each provider type and facility type included on the carrier’s provider panel, the carrier shall:</text>
        <paragraph num="(i)">
          <text>Map the residences of all Maryland enrollees covered under health benefit plans that use the provider panel;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Calculate the road travel distance for each enrollee to the provider or facility with the closest practicing location;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For each zip code, identify the total number of enrollees residing in the zip code and the number of enrollees residing within an area where the applicable distance standard is not met;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>For each zip code, calculate the percentage of enrollees residing within an area where the applicable distance standard is met;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>For each zip code that includes enrollees for whom the applicable travel distance standard is not met, calculate the average distance to the closest provider or facility for all enrollees residing in the zip code;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>For each of the urban, rural, and suburban areas identify the total number of enrollees residing in the geographic area;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>For each of the urban, rural, and suburban areas identify the total number of enrollees residing within an area where the applicable distance standard is not met; and</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>For each of the urban, rural, and suburban areas identify the percentage of enrollees residing within an area where the applicable distance standard is met.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Instead of independently calculating the road travel distance for each enrollee as described in §A(1)(c)(i) and (ii) of this regulation, a carrier may use a methodology that:</text>
        <paragraph num="(i)">
          <text>Maps the practicing locations of every participating provider within the geographic area served by the carrier’s network or networks;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Identifies any geographic areas within each Maryland zip code that fall outside of the applicable distance standard based on road travel distance from the provider locations; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Enables the carrier to accurately identify the information and perform the calculations described in §A(1)(c)(iii)-(viii) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>A carrier shall submit, as part of its documentation justifying to the Commissioner how the access plan meets the network sufficiency standards in this regulation:</text>
        <paragraph num="(i)">
          <text>Geo-access maps for each provider type and facility type except for those excluded under §A(3) of this regulation showing the practicing locations of participating providers, and identifying either the geographic areas within each zip code where the applicable distance standard is not met, or the locations of enrollees with a residence outside the applicable distance standard;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For any facility types listed in §A(5) of this regulation that provide services for substance use disorders, the percentage of facilities on the carrier’s provider panel that provide adolescent services; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For any facility types listed in §A(5) of this regulation that provide services for substance use disorders, the percentage of facilities on the carrier’s provider panel that provide services for alcohol treatment only, drug abuse treatment only, and alcohol and drug abuse treatment.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>A carrier shall report each number and percentage described in §A(1)(c)(iii)—(viii) of this regulation as part of the annual access plan filing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When an enrollee elects to utilize a gynecologist, pediatrician, or certified registered nurse practitioner for primary care, a carrier may consider that utilization as a part of its meeting the primary care provider standards listed in §A(5) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The travel distance standards listed in §A(5) of this regulation do not apply to the following:</text>
      <paragraph num="(a)">
        <text>Home health care;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Durable medical equipment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Heart transplant programs;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Heart or lung transplant programs;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Kidney transplant programs;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Liver transplant programs;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Lung transplant programs; or</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Pancreas transplant programs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>All other providers and facility types included on the carrier’s provider panel but not listed in the chart in §A(5) of this regulation, including physical therapists and licensed dietitian-nutritionist, shall individually be required to meet maximum distances standards of 15 miles for Urban Areas, 40 miles for Suburban Areas, and 90 miles for Rural Areas.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Chart of Travel Distance Standards.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Group Model HMO Plans Sufficiency Standards.</text>
    <paragraph num="(1)">
      <text>Standard and Methodology.</text>
      <paragraph num="(a)">
        <text>Each group model HMO’s health benefit plan’s provider panel shall have within the geographic area served by the group model HMO’s network or networks, sufficient primary care providers, specialty providers, mental health and substance use disorder providers, hospitals, and health care facilities to meet the maximum travel distance standards listed in the chart in §B(5) of this regulation for each type geographic area.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The distances listed in §B(5) of this regulation shall be:</text>
        <paragraph num="(i)">
          <text>Measured from the enrollee’s place of residence or, at the option of the carrier, place of employment from which the enrollee gains eligibility for participation in the group model HMO’s health benefit plan to the practicing location of the provider or facility; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Calculated based on road travel distance.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Except for those provider types excluded §B(3) of this regulation, for each provider type and facility type included on the group model HMO’s provider panel, the carrier shall:</text>
        <paragraph num="(i)">
          <text>Map the residences or places of employment of all Maryland enrollees covered under health benefit plans that use the provider panel;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Calculate the road travel distance for each enrollee to the provider or facility with the closest practicing location;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For each zip code identify the total number of enrollees with a residence or place of employment in the zip code and the number of enrollees with a residence or a place of employment within an area where the applicable distance standard is not met;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>For each zip code calculate the percentage of enrollees with a residence or place of employment within an area where the applicable distance standard is met;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>For each zip code that includes enrollees for whom the applicable travel distance standard is not met, calculate the average distance to the closest provider or facility for all enrollees with a residence or place of employment within the zip code;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>For each of the urban, rural, and suburban areas identify the total number of enrollees with a residence or place of employment in the geographic area;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>For each of the urban, rural, and suburban areas identify the number of enrollees with a residence or place of employment within an area where the applicable distance standard is not met; and</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>For each of the urban, rural, and suburban areas identify the percentage of enrollees with a residence or place of employment within an area where the applicable distance standard is met.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Instead of independently calculating the road travel distance for each enrollee as described in §B(1)(c)(i) and (ii) of this regulation, a carrier may use a methodology that:</text>
        <paragraph num="(i)">
          <text>Maps the practicing locations of every participating provider within the geographic area served by the group model HMO’s network or networks;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Identifies any geographic areas within each Maryland zip code that fall outside of the applicable distance standard based on road travel distance from the provider locations; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Enables the carrier to accurately identify the information and perform the calculations described in §B(1)(c)(iii)—(viii) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>When calculating the number or percentage of enrollees with a place of employment within an area or zip code under §B(1)(c)(iii)—(viii) of this regulation, the carrier shall include only those enrollees who gain eligibility for participation in the group model HMO’s health benefit plan from their place of employment.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A carrier shall submit, as part of its documentation justifying to the Commissioner how the access plan meets the network sufficiency standards in this regulation:</text>
        <paragraph num="(i)">
          <text>Geo-access maps for each provider type and facility type except for those excluded under §B(3) of this regulation showing the practicing locations of participating providers, and identifying either the geographic areas within each zip code where the applicable distance standard is not met, or the locations of enrollees with a residence or place of employment outside the applicable distance standard;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For any facility types listed in §B(5) of this regulation that provide services for substance use disorders, the percentage of facilities on the carrier’s provider panel that provide adolescent services; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For any facility types listed in §B(5) of this regulation that provide services for substance use disorders, the percentage of facilities on the carrier’s provider panel that provide services for alcohol treatment only, drug abuse treatment only, and alcohol and drug abuse treatment.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>A carrier shall report each number and percentage described in §B(1)(c)(iii)—(viii) of this regulation as part of the annual access plan filing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When an enrollee elects to utilize a gynecologist, pediatrician, or certified registered nurse practitioner for primary care, a carrier may consider that utilization as a part of its meeting the primary care provider standards listed in §B(5) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The travel distance standards listed in §B(5) of this regulation do not apply to the following:</text>
      <paragraph num="(a)">
        <text>Home health care;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Durable medical equipment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Heart transplant programs;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Heart or lung transplant programs;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Kidney transplant programs;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Liver transplant programs;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Lung transplant programs; or</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Pancreas transplant programs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>All other provider and facility types included on the carrier’s provider panel, but not listed in the chart at §B(5) of this regulation, including physical therapists and licensed dietitian-nutritionist, shall individually be required to meet maximum distances standards of  20 miles for Urban Areas, 40 miles for Suburban Areas, and 90 miles for Rural Areas.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Chart of Travel Distance Standards.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Essential Community Providers.</text>
    <paragraph num="(1)">
      <text>Each provider panel of a carrier, that is not a group model HMO provider panel, shall include:</text>
      <paragraph num="(a)">
        <text>At least 30 percent of the available essential community providers providing medical services in each of the urban, rural, and suburban areas;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>At least 30 percent of the available essential community providers providing mental health services in each of the urban, rural, and suburban areas; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>At least 30 percent of the available essential community providers providing substance use disorder services in each of the urban, rural, and suburban areas.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Methodology for calculating essential community provider inclusion standard.</text>
      <paragraph num="(a)">
        <text>Except as provided in §§C(2)(b) and (c) of this regulation, a carrier shall use the MHBE ECP Network Inclusion Calculation Methodology that is described in the Instructions on Meeting the Essential Community Provider Plan Certification Standard guidance provided by the Maryland Health Benefit Exchange, which is current as of the date 3 months prior to the due date of the annual access plan.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The calculation described in §C(2)(a) of this regulation shall be performed separately for essential community providers providing medical services, mental health services, and substance use disorder services in each of the urban, rural, and suburban areas.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the Maryland Health Benefit Exchange changes the MHBE ECP Network Inclusion Calculation Methodology after the effective date of this regulation, a carrier may not use the revised methodology to calculate the essential community provider inclusion standard in §C(1) of this regulation unless the Commissioner has approved the revised methodology for this purpose.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Each group model HMO plan shall demonstrate that its own providers located in Health Professional Shortage Areas or low-income zip codes within its service area perform at or above the 50th percentile on the following two HEDIS measures:</text>
      <paragraph num="(a)">
        <text>Initiation and Engagement of Alcohol and Other Drug Abuse or Dependence Treatment; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Utilization of the PHQ-9 to Monitor Depression Symptoms for Adolescents and Adults.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Each group model HMO plan shall demonstrate that it has alternative standards for addressing the needs of low income, medically underserved individuals. One manner in which a group model HMO may demonstrate this is by providing the Maryland Insurance Administration with its narrative or alternate standard justification to the essential community provider requirement, which was submitted to and accepted by the Maryland Health Benefit Exchange for certification as a qualified health planstandards of practice as determined by the treating provider acting within the scope of the provider’s license, certification, or other authorization.</text>
    </paragraph>
  </paragraph>
</regulation>