These are the legal provisions related to hospital financial assistance/charity care in the state of Maryland. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
Yes, Maryland has its own law.
Qualifications for charity care in Maryland
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
Maryland's law regarding minimum FPL is as follows: Maryland law requires acute care and chronic care hospitals to have a financial assistance policy that provides free medically necessary care to patients at 200% FPL or below. "Low income" patients above 200% FPL are also supposed to get some level of discount. Patients have to be offered a payment plan if they are between 200% – 500% FPL.
Does the law specify a minimum deadline for applying for charity care?
Maryland law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
Maryland law explicitly requires hospitals to provide assistance to the insured.
Does the law specify that patients must be residents to be eligible for charity care?
Maryland law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their residency.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
Maryland law explicitly requires hospitals to provide assistance regardless of immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
Maryland law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in Maryland
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
Maryland prohibits requiring a copay for emergency services.
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
Maryland prohibits requiring a copay for emergency services.
Collections laws related to charity care in Maryland
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A hospital can send a bill to collections. However, a hospital cannot sell your debt and cannot refer it to a credit reporting bureau. It also cannot sue you or have a debt collector sue you for at least 180 days after providing you with the initial bill.
Length of time charity care can be applied to future bills in Maryland
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
Maryland law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.