Implant Veterans of Toxic Exposure

Maryland Informed Consent

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Maryland was the first state to pass a breast implant informed consent law.

20-114.

Health - General

      (a)      Before a physician operates on a patient to insert a breast implant, the physician shall inform the patient of the advantages, disadvantages, and risks associated with a breast implantation.

      (b)      The Department shall:

            (1)      Provide a standardized written summary in layman's language that:

                  (i)      Contains all the information on breast implantation generally contained in the information sheet for the breast implant; and

                  (ii)      Discloses side effects, warnings, and cautions for a breast implantation operation;

            (2)      Update as necessary the standardized written summary; and

            (3)      Distribute the standardized written summary to each hospital, clinic, and physician's office and any other facility that performs breast implantations.

      (c)      A physician satisfies the requirements of subsection (a) of this section if:

            (1)      The physician provides the breast implantation patient with the standardized written summary described in subsection (b) of this section;

            (2)      The patient receives the standardized written summary 5 days before the breast implantation operation; and

            (3)      The patient signs a statement provided by the Department acknowledging the receipt of the standardized written summary.

                                                                                               

INSURANCE

15-105.

Insurance 

      (a)      (1)      In this section the following words have the meanings indicated.

            (2)      "Breast implant" means a pocket or envelope that is surgically inserted under the skin and contains soft silicone gel, saline solution, or a combination of soft silicone gel and saline solution.

            (3)      "Breast implant-related condition" means a condition that the federal Food and Drug Administration recognizes as possibly linked to breast implants.

      (b)      This section applies to:

            (1)      insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies that are issued or delivered in the State; and

            (2)      health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

      (c)      An entity subject to this section shall provide information to the Commissioner about the entity's:

            (1)      coverage for breast implant removals and breast implant-related conditions; and

            (2)      preexisting condition provisions in policies for individuals with breast implants.

      (d)      (1)      On request, the Commissioner shall make available to consumers and licensed physicians the information collected under subsection (c) of this section.

            (2)      When providing the information, the Commissioner may include a statement that the Commissioner does not guarantee the accuracy of the information.

            (3)      The Commissioner may set a fee to cover the cost of providing the information under paragraph (1) of this subsection.

      (e)      A licensed physician may make available to a patient the information obtained from the Commissioner under subsection (d) of this section.

      (f)      The Commissioner shall adopt regulations to carry out this section, including regulations that determine the extent and format of the information required under subsection (c) of this section.

                                                                                                                                  

INSURANCE

15-504.

Insurance 

      An individual, group, or blanket health insurance policy:

            (1)      may not be denied by an insurer or nonprofit health service plan solely because the insured has had a breast implant; and

            (2)      on renewal, may not impose a waiting period or exclusion for a preexisting condition that limits or excludes coverage solely because the insured has had a breast implant.

                                                                                                                                       

Courts and Judicial Proceedings

5-116.

Courts and Judicial Proceedings  

      (a)      An action for damages for an injury or death caused by the effects of a breast implant or breast implant materials shall be filed within the later of:

            (1)      180 days after the date of completion of any opt-out period in a class action in which the claimant is a member of the class, including an opt-out period provided for in a settlement agreement;

            (2)      180 days after the completion of any nonbinding mediation in a class action in which the claimant is a member of the class; or

            (3)      A period of limitations that would otherwise apply.

      (b)      This section does not apply to an action for medical injuries subject to the provisions of Title 3, Subtitle 2A of this article.

  

 

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