PREVIOUS UPDATES for HB 399

UPDATE- February 12, 2016- Med-Chi (Maryland State Medical Society) is on record OPPOSING this bill. Click Here.

Oppose HB 399- Some of the Reasons To Oppose The Bill

The Attempt to "Fix-It" Bill in Virginia- Will Maryland be next if this bill passes?

Link to Text Here

You have to ask yourself why someone would come into Maryland and push a bill that they know has failed miserably in Virginia where it originated and needs further legislative actions to try to fix it? And why would they not mention any of these actions or plans to Maryland doctors, Lyme patients or support groups? Or mention it on their own website where all other legislative actions are announced with great fan fare?

Quote from NatCap Lyme- "Here is why HB 962 is important: In 2013 Lyme patients helped to pass a Virginia law that requires medical professionals who order a Lyme test to disclose in writing, that these tests are known to be problematic and can produce false negatives. NatCapLyme has learned that many health care providers are not following this law."

Link Here- https://www.votervoice.net/NATCAPLYME/campaigns/44073/respond

Bill to try to correct the situation (2016)- https://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB962

January 2016

Delegates Afzali and K. Young

LYME DISEASE – LABORATORY TEST – REQUIRED NOTICE

Requiring specified health care providers to provide a specified notice to a patient for whom the health care provider orders a laboratory test for the presence of Lyme disease; and providing immunity from liability, under specified circumstances, for specified health care providers for providing the notice.

EFFECTIVE OCTOBER 1, 2016

HG, § 20-1701 - added

Assigned to: Health and Government Operations

RESPONSE TO HB 399- Click Here

January 29, 2106

Text of HB 399 as posted at the Maryland General Assembly website.

Link Here

HOUSE BILL 399

By: Delegates Afzali and K. Young

Introduced and read first time: January 28, 2016

Assigned to: Health and Government Operations

A BILL ENTITLED

AN ACT concerning

Lyme Disease – Laboratory Test – Required Notice

FOR the purpose of requiring certain health care providers to provide a certain notice to a patient for whom the health care provider orders a laboratory test for the presence of Lyme disease; providing immunity from liability, under certain circumstances, for certain health care providers for providing the notice; and generally relating to laboratory tests for Lyme disease.

BY adding to

Article – Health – General

Section 20–1701 to be under the new subtitle “Subtitle 17. Lyme Disease Information”

Annotated Code of Maryland (2015 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article – Health – General SUBTITLE 17. LYME DISEASE INFORMATION.

20–1701.

“YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

A HEALTH CARE PROVIDER LICENSED IN THE STATE SHALL PROVIDE

(A)

THE FOLLOWING NOTICE TO EACH PATIENT FOR WHOM THE HEALTH CARE PROVIDER ORDERS A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE:

*hb0399*

2 HOUSE BILL 399

    • 1 DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT
    • 2 IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS AND, IF DONE TOO EARLY, YOU
    • 3 MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE
    • 4 BECAUSE YOUR IMMUNE RESPONSE REQUIRES TIME TO DEVELOP ANTIBODIES. IF
    • 5 YOU ARE TESTED FOR LYME DISEASE AND THE RESULTS ARE NEGATIVE, THIS DOES
    • 6 NOT NECESSARILY MEAN YOU DO NOT HAVE LYME DISEASE. IF YOU CONTINUE TO
    • 7 EXPERIENCE UNEXPLAINED SYMPTOMS, YOU SHOULD CONTACT YOUR HEALTH CARE
    • 8 PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR
    • 9 ADDITIONAL TREATMENT.”.
    • 10 (B) A HEALTH CARE PROVIDER WHO PROVIDES THE NOTICE REQUIRED BY
    • 11 SUBSECTION (A) OF THIS SECTION SHALL BE IMMUNE FROM CIVIL LIABILITY FOR
    • 12 PROVIDING THE NOTICE UNLESS THE PHYSICIAN ACTS WITH GROSS NEGLIGENCE OR
    • 13 WILLFUL MISCONDUCT.
    • 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
    • 15 October 1, 2016.

Link to CURRENT Bill Wording Here

Synopsis:

Analysis:

All Sponsors:

Additional Facts:

Committee(s):

Broad Subject(s):

Narrow Subject(s):

Statutes:

Requiring specified health care providers to provide a specified notice to a patient

for whom the health care provider orders a laboratory test for the presence of

Lyme disease; and providing immunity from liability, under specified circumstances,

for specified health care providers for providing the notice.

Not available at this time

Delegates Afzali and K. Young

Bill File Type: Regular

Effective Date(s): October 1, 2016

(20-1701)