Maryland 2022 Regular Session

Maryland House Bill HB1364 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1364
6	6
7	7	HOUSE BILL 1364
8	8	J3, J2, J5 2lr2537
9	9
10	10	By: Delegates Cox, Arikan, Boteler, Mautz, McComas, and Rose
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Health Care Freedom of Conscience Act 2
19	19
20	20	FOR the purpose of authorizing health care providers and health care practitioners to 3
21	21	decline to participate in a health care service that violates their conscience; 4
22	22	authorizing health care payors to decline to pay for health care services or health 5
23	23	care products that violate their conscience; establishing certain civil, criminal, and 6
24	24	administrative immunity; prohibiting a unit of State or local government or a person 7
25	25	from discriminating against health care providers, health care practitioners, or 8
26	26	health care payors and certain other persons because the person declines or will 9
27	27	decline to take certain actions that violate their conscience; and generally relating to 10
28	28	the freedom of conscience for health care providers, health care practitioners, and 11
29	29	health care payors. 12
30	30
31	31	BY renumbering 13
32	32	Article – Insurance 14
33	33	Section 15–801 15
34	34	to be Section 15–801.1 16
35	35	Annotated Code of Maryland 17
36	36	(2017 Replacement Volume and 2021 Supplement) 18
37	37
38	38	BY adding to 19
39	39	Article – Health – General 20
40	40	Section 24–1801 through 24–1805 to be under the new subtitle “Subtitle 18. Health 21
41	41	Care Freedom of Conscience Act” 22
42	42	Annotated Code of Maryland 23
43	43	(2019 Replacement Volume and 2021 Supplement) 24
44	44
45	45	BY adding to 25
46	46	Article – Insurance 26
47	47	Section 15–801 27
48	48	Annotated Code of Maryland 28 2 HOUSE BILL 1364
49	49
50	50
51	51	(2017 Replacement Volume and 2021 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That Section(s) 15–801 of Article – Insurance of the Annotated Code of Maryland be 3
55	55	renumbered to be Section(s) 15–801.1. 4
56	56
57	57	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
58	58	as follows: 6
59	59
60	60	Article – Health – General 7
61	61
62	62	SUBTITLE 18. HEALTH CARE FREEDOM OF CONSCIENCE ACT. 8
63	63
64	64	24–1801. 9
65	65
66	66	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANING S 10
67	67	INDICATED. 11
68	68
69	69	(B) “CONSCIENCE” MEANS RELIGIOUS , MORAL, OR ETHICAL PRINCIPLE S 12
70	70	HELD BY A PERSON AND PROVIDED FOR IN A PERSON’S: 13
71	71
72	72	(1) RELIGIOUS, MORAL, OR ETHICAL GUIDELINE S; OR 14
73	73
74	74	(2) MISSION STATEMENT , CONSTITUTION , BYLAWS, ARTICLES OF 15
75	75	INCORPORATION , REGULATIONS , OR OTHER RELEVANT DO CUMENTS. 16
76	76
77	77	(C) “DISCRIMINATE” INCLUDES TERMINAT E, TRANSFER, REFUSING STAFF 17
78	78	PRIVILEGES, REFUSING BOARD CERTIFICATION , CARRYING OUT ADVERSE 18
79	79	ADMINISTRATIVE ACTIO N, DEMOTION, CAUSING THE LOSS OF A CAREER SPECIALTY , 19
80	80	REASSIGNMENT TO A DIFFERENT SHIFT , REDUCING WAGES, REDUCING BENEFITS, 20
81	81	REFUSAL TO AWARD A GRANT OR CONTRACT, REFUSAL TO PROVIDE TRAI NING 21
82	82	OPPORTUNITIES , ISSUING A PENALTY, OR CONDUCT ING ANY OTHER DISCIPLINA RY 22
83	83	ACTION. 23
84	84
85	85	(D) “HEALTH CARE PRACTITIONER ” MEANS AN INDIVIDUAL WHO 24
86	86	REGULARLY PARTICIPAT ES IN A HEALTH CARE SERVICE AND WHO IS NOT A HEA LTH 25
87	87	CARE PROVIDER , INCLUDING A PHARMACY EMPLOYEE , A RESEARCHER , A MEDICAL 26
88	88	OR NURSING SCHOOL FA CULTY MEMBER, A STUDENT, OR AN EMPLOYEE OR ANY 27
89	89	PROFESSIONAL OR PARAPROFESSIONAL WHO FURNISHES OR ASSISTS IN THE 28
90	90	FURNISHING OF HEALTH CARE SERVICES. 29
91	91
92	92	(E) “HEALTH CARE PROVIDER” HAS THE MEANING STATED IN § 19–132 OF 30
93	93	THIS ARTICLE. 31
94	94	HOUSE BILL 1364 3
95	95
96	96
97	97	(F) (1) “HEALTH CARE SERVICE” HAS THE MEANING STATED IN § 1
98	98	19–132 OF THIS ARTICLE. 2
99	99
100	100	(2) “HEALTH CARE SERVICE ” INCLUDES RESEARCH, INSTRUCTION, 3
101	101	OR ANY OTHER CARE OR TREATMENT RENDERED B Y HEALTH CARE PROVIDERS. 4
102	102
103	103	(G) “PARTICIPATE IN A HEALTH CARE SERVICE” MEANS TO COUNSEL , 5
104	104	ADVISE, PROVIDE, PERFORM, ASSIST IN, REFER FOR, ADMIT FOR PURPOSES O F 6
105	105	PROVIDING, OR PARTICIPATE IN PR OVIDING A HEALTH CARE SERVICE OR ANY FORM 7
106	106	OF A HEALTH CARE SERVICE. 8
107	107
108	108	(H) “PAYOR” HAS THE MEANING STAT ED IN § 19–132 OF THIS ARTICLE. 9
109	109
110	110	24–1802. 10
111	111
112	112	(A) THE GENERAL ASSEMBLY FINDS THAT : 11
113	113
114	114	(1) IT IS THE PUBLIC POLI CY OF THE STATE TO RESPECT AND 12
115	115	PROTECT THE FUNDAMEN TAL RIGHT OF CONSCIE NCE OF HEALTH CARE PROVIDERS 13
116	116	AND HEALTH CARE PRAC TITIONERS; AND 14
117	117
118	118	(2) WITHOUT COMPREHENSIVE PROTECTION, HEALTH CARE RIGHTS 15
119	119	OF CONSCIENCE MAY BE VIOLATED IN VARIOUS WAYS, INCLUDING HARASSMENT , 16
120	120	DEMOTION, SALARY REDUCTION , TRANSFER, TERMINATION , LOSS OF STAFFING 17
121	121	PRIVILEGES, DENIAL OF AID OR BEN EFITS, AND REFUSAL TO LICEN SE OR REFUSAL 18
122	122	TO CERTIFY. 19
123	123
124	124	(B) BASED ON THE FINDINGS IN SUBSECTION (A) OF THIS SECTION, IT IS THE 20
125	125	PURPOSE OF THIS SUBTITLE TO: 21
126	126
127	127	(1) PROTECT AS A BASIC CI VIL RIGHT, THE RIGHT OF ALL HEALTH 22
128	128	CARE PROVIDERS, HEALTH CARE PRACTITIONERS , AND PAYORS TO DECLINE TO 23
129	129	COUNSEL, ADVISE, PAY FOR, PROVIDE, PERFORM, ASSIST, OR PARTICIPATE IN 24
130	130	PROVIDING OR PERFORM ING HEALTH CARE SERVICES THAT VIOLATE THEIR 25
131	131	CONSCIENCES , INCLUDING: 26
132	132
133	133	(I) ABORTION; 27
134	134
135	135	(II) ARTIFICIAL BIRTH CONT ROL; 28
136	136
137	137	(III) STERILIZATION; 29
138	138
139	139	(IV) ARTIFICIAL INSEMINATI ON; 30 4 HOUSE BILL 1364
140	140
141	141
142	142
143	143	(V) ASSISTED REPRODUCTION ; 1
144	144
145	145	(VI) HUMAN EMBRYONIC STEM CELL RESEARCH AND FETAL 2
146	146	EXPERIMENTATION ; 3
147	147
148	148	(VII) HUMAN CLONING ; AND 4
149	149
150	150	(VIII) PHYSICIAN–ASSISTED SUICIDE AND EUTHANASIA; AND 5
151	151
152	152	(2) PROHIBIT ALL FORMS OF DISCRIMINATION , DISQUALIFICATION , 6
153	153	COERCION, DISABILITY, OR LIABILITY ON HEALTH CARE PROVIDERS, HEALTH CARE 7
154	154	PRACTITIONERS , AND PAYORS THAT DECLINE TO PERFORM O R PROVIDE A HEALTH 8
155	155	CARE SERVICE THAT VI OLATES THEIR CONSCIE NCES. 9
156	156
157	157	24–1803. 10
158	158
159	159	(A) (1) A HEALTH CARE PROVIDER OR HEALTH CARE PRACT ITIONER MAY 11
160	160	DECLINE TO PARTICIPATE IN A HEALTH CARE SERVICE THAT VI OLATES THE 12
161	161	CONSCIENCE OF THE HEALTH CARE P ROVIDER OR HEALTH CA RE PRACTITIONER . 13
162	162
163	163	(2) A HEALTH CARE PAY OR MAY DECLINE TO PAY OR ARRANGE 14
164	164	PAYMENT FOR A HEALTH CARE SERVICE OR HEAL TH CARE PRODUCT THAT VIOLATES 15
165	165	THE CONSCIENCE OF TH E PAYOR. 16
166	166
167	167	(B) (1) A HEALTH CARE PROVIDER OR A HEALTH CARE PRACTITIONER IS 17
168	168	NOT CIVILLY, CRIMINALLY, OR ADMINISTRATIVELY LIABLE FOR DECLINING TO 18
169	169	PARTICIPATE IN A HEALTH CARE SERVICE THAT VIOLATE S THE CONSCIENCE OF THE 19
170	170	HEALTH CARE PROVIDER OR HEALTH C ARE PRACTITIONER . 20
171	171
172	172	(2) A HEALTH CARE PROVIDER THAT IS A HEALTH CAR E FACILITY IS 21
173	173	NOT CIVILLY, CRIMINALLY, OR ADMINISTRATIVELY LIABLE FOR DECLINING TO 22
174	174	PARTICIPATE IN A HEA LTH CARE SERVICE IF THE HEALTH CARE FACILITY PROVIDES 23
175	175	A CONSENT FORM TO BE SIGNED BY A PATIENT BEFORE ADMISSION TO THE FACILITY 24
176	176	STATING THAT THE HEALTH CARE FACILITY RESERVES THE RIGHT T O DECLINE TO 25
177	177	PARTICIPATE IN A HEALTH CARE SERVICE THAT VIOLATE S ITS CONSCIENCE . 26
178	178
179	179	(3) A PAYOR OR PERSON THAT OWNS , OPERATES, SUPERVISES, OR 27
180	180	MANAGES A PAYOR IS N OT CIVILLY OR CRIMIN ALLY LIABLE FOR DECL INING TO PAY 28
181	181	FOR OR ARRANGE PAYME NT FOR A HEALTH CARE SERVICE OR HEALTH CA RE 29
182	182	PRODUCT THAT VIOLATE S THE CONSCIENCE OF THE HEALTH CARE PAYOR. 30
183	183
184	184	(C) A UNIT OF STATE OR LOCAL GOVERNMENT OR PERSON MAY NOT 31 HOUSE BILL 1364 5
185	185
186	186
187	187	DISCRIMINATE AGAINST : 1
188	188
189	189	(1) A HEALTH CARE PROVIDER OR HEALTH CARE PRACTITIONER 2
190	190	BASED ON THE HEALTH CARE PROVIDER OR HEA LTH CARE PRACTITIONER 3
191	191	DECLINING TO PARTICI PATE IN A HEALTH CAR E SERVICE THAT VIOLA TES THE 4
192	192	CONSCIENCE OF THE HE ALTH CARE PROVIDER O R HEALTH CARE PRACTITIONER ; 5
193	193
194	194	(2) A HEALTH CARE PROVIDER OR A PERSON ATTEMPTI NG TO 6
195	195	ESTABLISH A HEALTH C ARE PROVIDER BECAUSE THE PROPOSED OR EXISTING 7
196	196	HEALTH CARE PROVIDER DECLINES OR WILL DEC LINE TO PARTICIPATE IN A HEALTH 8
197	197	CARE SERVICE THAT VIOLATES THE CONSCIE NCE OF THE HEALTH CA RE PROVIDER; 9
198	198	OR 10
199	199
200	200	(3) A PAYOR OR A PERSON ATTEMPTING TO ESTABLISH A PAYOR 11
201	201	BECAUSE THE PROPOSED OR EXISTING PAYOR DE CLINES OR WILL DECLINE TO PAY 12
202	202	FOR OR ARRANGE PAYME NT FOR A HEALTH CARE SERVICE OR PRODUCT THAT 13
203	203	VIOLATES THE CONSCIE NCE OF THE PAYOR . 14
204	204
205	205	24–1804. 15
206	206
207	207	(A) (1) A CIVIL ACTION FOR DAM AGES OR INJUNCTIVE R ELIEF, OR BOTH, 16
208	208	MAY BE BROUGHT AGAINST A PERSON OR A UNIT OF STATE OR LOCAL GOVERNMENT 17
209	209	FOR A VIOLATION OF THIS SU BTITLE. 18
210	210
211	211	(2) IT IS NOT A DEFENSE TO A CLAIM ARISING OUT OF THE VIOLATION 19
212	212	THAT A VIOLATION WAS NECES SARY TO PREVENT ADDI TIONAL BURDEN OR EXP ENSE 20
213	213	ON A HEALTH CARE PROVIDER . 21
214	214
215	215	(B) (1) ON A FINDING OF A VIOLATION OF THIS SUBTITLE BY A COURT OF 22
216	216	COMPETENT JURISDICTI ON, THE AGGRIEVED PARTY IS ENTITLED TO RECOVER : 23
217	217
218	218	(I) TREBLE DAMAGES, INCLUDING PAIN AND S UFFERING 24
219	219	SUSTAINED BY THE INDIVIDUAL, ASSOCIATION, CORPORATION , ENTITY, OR HEALTH 25
220	220	CARE PROVIDER; 26
221	221
222	222	(II) COURT COSTS; AND 27
223	223
224	224	(III) REASONABLE COUNSEL FEES. 28
225	225
226	226	(2) A RECOVERY BY AN AGGRIEVED PART Y IN AN ACTION BROUG HT 29
227	227	UNDER THIS SECTION SHALL BE NOT LESS THAN $5,000 FOR EACH VIOLATION I N 30
228	228	ADDITION TO COURT COSTS AND REASONABLE ATTOR NEY’S FEES. 31
229	229	6 HOUSE BILL 1364
230	230
231	231
232	232	(3) THE DAMAGE REMEDIES PROVIDED IN THIS SUB SECTION SHALL 1
233	233	BE CUMULATIVE AND NO T EXCLUSIVE OF OTHER REMEDIES AFFORDED UN DER 2
234	234	STATE OR FEDER AL LAW. 3
235	235
236	236	24–1805. 4
237	237
238	238	THIS SUBTITLE MAY BE CITED A S THE MARYLAND HEALTH CARE FREEDOM 5
239	239	OF CONSCIENCE ACT. 6
240	240
241	241	Article – Insurance 7
242	242
243	243	15–801. 8
244	244
245	245	THE REQUIREMENTS IN THIS SUBTITLE ARE SUBJECT TO THE MARYLAND 9
246	246	HEALTH CARE FREEDOM OF CONSCIENCE ACT. 10
247	247
248	248	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
249	249	October 1, 2022. 12