EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0890*
SENATE BILL 890
J1, J2, J5 2lr1202
CF HB 937
By: Senators Kelley, Feldman, and Hettleman
Introduced and read first time: February 7, 2022
Assigned to: Finance and Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 14, 2022
CHAPTER ______
AN ACT concerning 1
Abortion Care Access Act 2
FOR the purpose of establishing the Abortion Clinical Care Training Program in the 3
Maryland Department of Health; establishing the Abortion Care Clinical Training 4
Program Fund; requiring interest earnings of the Fund to be credited to the Fund; 5
establishing and altering certain requirements regarding abortion services, 6
including requirements a requirement related to who may perform abortions in the 7
State and the provision and coverage of abortion care services by the Maryland 8
Medical Assistance Program and certain insurers, nonprofit health service plans, 9
and health maintenance organizations; authorizing the Maryland Insurance 10
Commissioner to grant a certain exemption to certain abortion care service 11
requirements under certain circumstances; requiring the Maryland Health Benefit 12
Exchange to adopt regulations to provide a certain subsidy to cover the cost of 13
insurance premiums for certain young adults; establishing certain requirements 14
regarding abortion care services, including provision and coverage requirements on 15
the Maryland Medical Assistance Program and certain insurers, nonprofit health 16
service plans, and health maintenance organizations; authorizing certain 17
organizations to obtain from certain entities an exclusion from certain abortion care 18
coverage and information requirements under certain circumstances; authorizing 19
the Maryland Insurance Commissioner to grant a certain exemption to certain 20
abortion care service requirements under certain circumstances; requiring the 21
Maryland Health Benefit Exchange to adopt regulations to provide a certain subsidy 22
to cover the cost of insurance premiums for certain young adults; requiring the 23
Exchange to study extending last dollar coverage to certain enrollees; and generally 24 2 SENATE BILL 890
relating to abortion care and coverage of health care services under the Maryland 1
Medical Assistance Program and health benefit plans. 2
BY adding to 3
Article – Health – General 4
Section 13–4401 through 13–4407 to be under the new subtitle “Subtitle 44. Abortion 5
Care Clinical Training Program”; and 15–103(a)(2)(xviii) 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – Health – General 10
Section 15–103(a)(1) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 15–103(a)(2)(xvi) and (xvii), 20–103, and 20–207 through 20–209 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – Insurance 20
Section 15–857 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Insurance 25
Section 31–122 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2021 Supplement) 28
BY repealing and reenacting, without amendments, 29
Article – State Finance and Procurement 30
Section 6–226(a)(2)(i) 31
Annotated Code of Maryland 32
(2021 Replacement Volume) 33
BY repealing and reenacting, with amendments, 34
Article – State Finance and Procurement 35
Section 6–226(a)(2)(ii)144. and 145. 36
Annotated Code of Maryland 37
(2021 Replacement Volume) 38
BY adding to 39 SENATE BILL 890 3
Article – State Finance and Procurement 1
Section 6–226(a)(2)(ii)146. 2
Annotated Code of Maryland 3
(2021 Replacement Volume) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Health – General 7
SUBTITLE 44. ABORTION CARE CLINICAL TRAINING PROGRAM. 8
13–4401. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) “FUND” MEANS THE ABORTION CARE CLINICAL TRAINING PROGRAM 12
FUND. 13
(C) “PROGRAM” MEANS THE ABORTION CARE CLINICAL TRAINING 14
PROGRAM. 15
13–4402. 16
THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM IN THE 17
DEPARTMENT . 18
13–4403. 19
THE PURPOSE OF THE PROGRAM IS TO PROTECT ACCESS TO ABORTION C ARE 20
BY ENSURING THAT THE RE ARE A SUFFICIENT NUMBER OF HEALTH PRO FESSIONALS 21
TO PROVIDE ABORTION CARE. 22
13–4404. 23
(A) (1) THE DEPARTMENT SHALL CONT RACT WITH A COORDINA TING 24
ORGANIZATION TO ADMI NISTER THE PROGRAM. 25
(2) THE DEPARTMENT SHALL USE FUNDS APPROPRIATED I N THE 26
BUDGET FOR THE PROGRAM TO CONTRACT W ITH THE COORDINATING 27
ORGANIZATION UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 28
(B) THE COORDINATING ORGA NIZATION SHALL : 29
4 SENATE BILL 890
(1) HAVE DEMONSTRATED EX PERIENCE IN COORDINA TING 1
ABORTION CARE TRAINI NG PROGRAMS AT COMMU NITY–BASED AND 2
HOSPITAL–BASED PROVIDER SITES ; 3
(2) BE A NONPROFIT ENTITY ; 4
(3) BE IN GOOD STANDING I N ANY STATE OR JURIS DICTION IN WHICH 5
THE ORGANIZATION IS REGISTERED OR INCORP ORATED; 6
(4) SUBMIT AN ANNUAL REPO RT TO THE DEPARTMENT ON THE 7
PERFORMANCE OF THE PROGRAM; 8
(5) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 9
DEPARTMENT IF THE REQ UIREMENTS ARE NOT IN CONSISTENT WITH TITLE 20, 10
SUBTITLE 2 OF THE HEALTH – GENERAL ARTICLE; AND 11
(6) PERFORM THE FOLLOWING FUNCTIONS: 12
(I) ADMINISTER GRANTS TO DEVELOP AND SUSTAIN ABORTION 13
CARE TRAINING PROGRA MS AT A MINIMUM OF T WO COMMUNITY –BASED PROVIDER 14
SITES; 15
(II) ADMINISTER GRANTS IF FUNDING IS AVAILABLE TO: 16
1. OTHER COMMUNITY –BASED SITES; 17
2. HOSPITAL–BASED PROVIDER SITES ; 18
3. CONTINUING EDUCATION PROGRAMS FOR QUALIFI ED 19
PROVIDERS THROUGH PR OFESSIONAL ASSOCIATI ONS OR OTHER CLINICA L 20
EDUCATION PROGRAMS ; AND 21
4. ESTABLISH TRAINING PR OGRAM REQUIREMENTS 22
THAT: 23
A. ARE CONSISTENT WITH EVIDENCE –BASED TRAINING 24
STANDARDS; AND 25
B. COMPLY WITH ANY APPLI CABLE STATE LAW AND 26
REGULATIONS ; AND 27
C. FOCUS ON THE PROVISIO N OF CULTURALLY 28
CONGRUENT CARE AND I NCLUDE IMPLICIT BIAS TRAINING; 29
SENATE BILL 890 5
(III) SUPPORT ABORTION CARE CLINICAL TRAINING TO 1
QUALIFIED PROVIDERS AS DEFINED IN § 20–103 OF THIS ARTICLE AND TO THE 2
CLINICAL CARE TEAMS OF THE QUALIFIED PRO VIDERS TO: 3
1. EXPAND THE NUMBER OF HEALTH CARE 4
PROFESSIONALS WITH A BORTION CARE TRAININ G; AND 5
2. INCREASE THE RACIAL A ND ETHNIC DIVERSITY 6
AMONG HEALTH CARE PR OFESSIONALS WITH ABO RTION CARE TRAINING ; AND 7
(IV) SUPPORT THE IDENTIFIC ATION, SCREENING, AND 8
PLACEMENT OF QUALIFI ED PROVIDERS AT TRAI NING SITES. 9
(C) (1) THE DEPARTMENT SHALL RELE ASE THE NAME OF THE 10
COORDINATING ORGANIZATION THAT TH E DEPARTMENT CONTRACTS WITH UNDER 11
SUBSECTION (A) OF THIS SECTION AND ANY ENTITY RECEIVING FUNDS THROUGH 12
THE COORDINATION ORG ANIZATION. 13
(2) THE DEPARTMENT MAY NOT RE LEASE THE NAME OF AN Y 14
INDIVIDUAL OR PERSON ADMINISTERING SERVIC ES THROUGH OR PARTICIPATIN G 15
IN THE PROGRAM. 16
13–4405. 17
FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL 18
BUDGET BILL AN APPRO PRIATION OF $3,500,000 TO THE PROGRAM. 19
13–4406. 20
(A) THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM FUND. 21
(B) THE PURPOSE OF THE FUND IS TO SUPPORT TH E PROGRAM. 22
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 23
(D) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 24
§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(E) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 26
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
(F) THE FUND CONSISTS OF : 28
6 SENATE BILL 890
(1) ANY MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 1
FUND; 2
(2) INTEREST EARNINGS ; AND 3
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 4
THE BENEFIT OF THE FUND. 5
(G) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 6
(H) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 7
MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 8
INVESTED. 9
(2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID INTO 10
THE FUND. 11
(I) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 12
DIRECTED BY THE SECRETARY. 13
(J) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 14
(1) THE GENERAL FUND OF THE STATE; OR 15
(2) ANY OTHER SPECIAL FUN D OF THE STATE. 16
(K) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17
WITH THE STATE BUDGET . 18
13–4407. 19
ON OR BEFORE JULY 1 EACH YEAR, THE DEPARTMENT SHALL SUBM IT AN 20
ANNUAL REPORT ON THE PROGRAM TO THE GOVERNOR AND , IN ACCORDANCE WITH 21
§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 22
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
as follows: 24
Article – Health – General 25
15–103. 26
(a) (1) The Secretary shall administer the Maryland Medical Assistance 27
Program. 28
SENATE BILL 890 7
(2) The Program: 1
(xvi) Beginning on January 1, 2021, shall provide, subject to the 2
limitations of the State budget and § 15–855(b)(2) of the Insurance Article, and as permitted 3
by federal law, services for pediatric autoimmune neuropsychiatric disorders associated 4
with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, 5
including the use of intravenous immunoglobulin therapy, for eligible Program recipients, 6
if pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections 7
and pediatric acute onset neuropsychiatric syndrome are coded for billing and diagnosis 8
purposes in accordance with § 15–855(d) of the Insurance Article; [and] 9
(xvii) Beginning on January 1, 2022, may not include, subject to federal 10
approval and limitations of the State budget, a frequency limitation on covered dental 11
prophylaxis care or oral health exams that requires the dental prophylaxis care or oral 12
health exams to be provided at an interval greater than 120 days within a plan year; AND 13
(XVIII) SHALL PROVIDE COVERAG E OF ABORTION CARE 14
SERVICES TO PROGRAM RECIPIENTS IN THE MANNER DESCRIBED IN § 15
15–857(B)(1)(II) AND (2) OF THE INSURANCE ARTICLE. 16
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Health – General 19
20–103. 20
(A) IN THIS SECTION, “QUALIFIED PROVIDER ” MEANS A PHYSICIAN , NURSE 21
PRACTITIONER , NURSE–MIDWIFE, LICENSED CERTIFIED M IDWIFE, PHYSICIAN 22
ASSISTANT, OR ANY OTHER INDIVID UAL: 23
(1) WHO IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY 24
LAW TO PRACTICE IN T HE STATE; AND 25
(2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 26
SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 27
[(a)] (B) Except as provided in subsections [(b) and] (c) AND (D) of this section, 28
a [physician] QUALIFIED PROVIDER may not perform an abortion on an unmarried minor 29
unless the [physician] QUALIFIED PROVIDER first gives notice to a parent or guardian of 30
the minor. 31
[(b)] (C) The [physician] QUALIFIED PROVIDER may perform the abortion 32
without notice to a parent or guardian if: 33
(1) The minor does not live with a parent or guardian; and 34 8 SENATE BILL 890
(2) A reasonable effort to give notice to a parent or guardian is 1
unsuccessful. 2
[(c)] (D) (1) The [physician] QUALIFIED PROVIDER may perform the 3
abortion, without notice to a parent or guardian of a minor if, in the professional judgment 4
of the [physician] QUALIFIED PROVIDER : 5
(i) Notice to the parent or guardian may lead to physical or 6
emotional abuse of the minor; 7
(ii) The minor is mature and capable of giving informed consent to 8
an abortion; or 9
(iii) Notification would not be in the best interest of the minor. 10
(2) The [physician] QUALIFIED PROVIDER is not liable for civil damages 11
or subject to a criminal penalty for a decision under this subsection not to give notice. 12
[(d)] (E) THE FOLLOWING SHALL B E CONCLUSIVE EVIDENC E OF NOTICE OR 13
A REASONABLE ATTEMPT TO GIVE NOTICE: 14
(1) The postal receipt that shows an article of mail was sent by certified 15
mail, return receipt requested, bearing a postmark from the United States Postal Service, 16
to the last known address of a parent or guardian and that is attached to a copy of the notice 17
letter that was sent in that article of mail [shall be conclusive evidence of notice or a 18
reasonable effort to give notice, as the case may be]; OR. 19
(2) DOCUMENTATION IN THE HEALTH RECORD OF THE MINOR THAT 20
NOTIFICATION OF THE PARENT OR GUARDIAN W AS ATTEMPTED BY USIN G THE 21
CONTACT INFORMATION AV AILABLE TO THE QUALI FIED PROVIDER . 22
[(e)] (F) A [physician] QUALIFIED PROVIDER may not provide notice to a 23
parent or guardian if the minor decides not to have the abortion. 24
20–207. 25
In Part II of this subtitle, [the word “physician”] “QUALIFIED PROVIDER ” means 26
[any person, including a doctor of osteopathy,] AN INDIVIDUAL: 27
(1) WHO IS licensed, CERTIFIED, OR OTHERWISE AUTHORI ZED BY LAW 28
to practice [medicine] in the State [of Maryland in compliance with the provisions of Title 29
14 of the Health Occupations Article]; AND 30
SENATE BILL 890 9
(2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 1
SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 2
20–208. 3
An abortion must be performed by a [licensed physician] QUALIFIED PROVIDER . 4
20–209. 5
(a) In this section, “viable” means that stage when, in the best [medical] 6
CLINICAL judgment of the [attending physician] QUALIFIED PROVIDER based on the 7
particular facts of the case before the [physician] QUALIFIED PROVIDER , there is a 8
reasonable likelihood of the fetus’s sustained survival outside the womb. 9
(b) Except as otherwise provided in this subtitle, the State may not interfere with 10
the decision of a woman to terminate a pregnancy: 11
(1) Before the fetus is viable; or 12
(2) At any time during the woman’s pregnancy, if: 13
(i) The termination procedure is necessary to protect the life or 14
health of the woman; or 15
(ii) The fetus is affected by genetic defect or serious deformity or 16
abnormality. 17
(c) The Department may adopt regulations that: 18
(1) Are both necessary and the least intrusive method to protect the life or 19
health of the woman; and 20
(2) Are not inconsistent with established [medical] CLINICAL practice. 21
(d) The [physician] QUALIFIED PROVIDER is not liable for civil damages or 22
subject to a criminal penalty for a decision to perform an abortion under this section made 23
in good faith and in the [physician’s] QUALIFIED PROVIDER ’S best [medical] CLINICAL 24
judgment in accordance with accepted standards of [medical] CLINICAL practice. 25
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
as follows: 27
Article – Insurance 28
15–857. 29
10 SENATE BILL 890
(A) (1) THIS SECTION APPLIES TO: 1
(I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 2
PROVIDE LABOR AND DE LIVERY COVERAGE TO I NDIVIDUALS OR GROUPS ON AN 3
EXPENSE–INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR CONTRACTS 4
THAT ARE ISSUED OR D ELIVERED IN THE STATE; AND 5
(II) HEALTH MAINTENA NCE ORGANIZATIONS TH AT PROVIDE 6
LABOR AND DELIVERY C OVERAGE TO INDIVIDUA LS OR GROUPS UNDER C ONTRACTS 7
THAT ARE ISSUED OR D ELIVERED IN THE STATE. 8
(2) THIS SECTION DOES NOT APPLY TO: 9
(I) AN ORGANIZATION THAT IS EXEMPT FROM COVER AGE AS 10
ALLOWED UNDER § 15–826 OF THIS SUBTITLE ; 11
(II) A MULTISTATE PLAN TH AT DOES NOT PROVIDE COVERAGE 12
FOR ABORTIONS IN ACC ORDANCE WITH 42 U.S.C. § 18054(A)(6); OR 13
(III) (II) A HIGH–DEDUCTIBLE PLAN AS D EFINED IN 26 U.S.C. 14
§ 223(C)(2)(C) OF THE INTERNAL REVENUE CODE UNLESS THE COMMISSIONER 15
DETERMINES THAT ABOR TION CARE IS NOT EXC LUDED FROM THE SAFE HARBOR 16
PROVISIONS FOR PREVE NTIVE CARE UNDER § 223(C)(2)(C) OF THE INTERNAL 17
REVENUE CODE. 18
(3) AN ORGANIZATION THAT IS ELIGIBLE TO OBTAI N AN EXCLUSION 19
FROM THE COVERAGE RE QUIREMENTS UNDER § 15–826 OF THIS SUBTITLE MAY 20
OBTAIN FROM AN ENTIT Y SUBJECT TO THIS SE CTION AN EXCLUSION F ROM THE 21
COVERAGE AND NOTICE REQUIREMENTS OF THIS SECTION IF THE REQUI REMENTS 22
CONFLICT WITH THE OR GANIZATION’S BONA FIDE RELIGIOU S BELIEFS AND 23
PRACTICES. 24
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN ENTITY 25
SUBJECT TO THIS SECT ION SHALL: 26
(1) COVER ABORTION CARE SERVICES WITHOUT : 27
(I) A DEDUCTIBLE , COINSURANCE , COPAYMENT , OR ANY 28
OTHER COST–SHARING REQUIREMENT ; AND 29
(II) RESTRICTIONS THAT ARE INCONSISTEN T WITH THE 30
PROTECTED RIGHTS UND ER TITLE 20, SUBTITLE 2 OF THE HEALTH – GENERAL 31
ARTICLE; AND 32
SENATE BILL 890 11
(2) PROVIDE INFORMATION TO CONSUMERS ABOUT A BORTION CARE 1
COVERAGE USING THE T ERMINOLOGY “ABORTION CARE ” TO DESCRIBE COVERAGE . 2
(C) IF THE COMMISSIONER DETERMINE S THAT ENFORCEMENT O F THIS 3
SECTION MAY AFFECT A DVERSELY THE ALLOCAT ION OF FEDERAL FUNDS TO THE 4
STATE, THE COMMISSIONER MAY GRAN T AN EXEMPTION TO TH E REQUIREMENTS OF 5
THIS SECTION TO THE MINIMUM EXTENT NECES SARY TO ENSURE THE C ONTINUED 6
RECEIPT OF FEDERAL FUN DS. 7
31–122. 8
(a) In this section, “Pilot Program” means the State–Based Young Adult Health 9
Insurance Subsidies Pilot Program. 10
(b) The Exchange, in consultation with the Commissioner and as approved by the 11
Board, shall establish and implement a State–Based Young Adult Health Insurance 12
Subsidies Pilot Program to provide subsidies to young adults for the purchase of health 13
benefit plans in the individual health insurance market. 14
(c) The Pilot Program required under this section shall be designed to: 15
(1) reduce the amount that young adults pay for health benefit plans in the 16
individual health insurance market; and 17
(2) target young adults who are not directly impacted by the State 18
Reinsurance Program. 19
(d) (1) For calendar years 2022 and 2023, the Exchange, in consultation with 20
the Commissioner and as approved by the Board, shall establish subsidy eligibility and 21
payment parameters for the Pilot Program. 22
(2) In determining the subsidy eligibility and payment parameters 23
required under paragraph (1) of this subsection, the Exchange shall consider: 24
(i) young adults at least 18 years old and under the age of 41 years; 25
and 26
(ii) income groups between 133% and 400% of the federal poverty 27
level. 28
(e) Subject to available funds, in each of fiscal years 2022 through 2024, the 29
Exchange may designate funds from the Fund to be used for the Pilot Program so that not 30
more than $20,000,000 in annual subsidies may be provided to young adults who meet the 31
subsidy eligibility and payment parameters established under subsection (d) of this section 32
in calendar years 2022 and 2023. 33
12 SENATE BILL 890
(f) On or before January 1, 2022, the Exchange shall adopt regulations 1
implementing the provisions of this section. 2
(G) ON OR BEFORE JANUARY 1, 2023, THE EXCHANGE SHALL ADOPT 3
REGULATIONS TO PROVI DE A SUBSIDY TO COVE R 100% OF THE COST OF THE 4
PREMIUM FOR YOUNG AD ULTS WHO MEET HAVE A 0% EXPECTED CONTRIBUTIO N 5
UNDER THE SUBSIDY ELIGIBIL ITY PARAMETERS ESTAB LISHED UNDER SUBSECT ION 6
(D) OF THIS SECTION IN C ALENDAR YEAR 2023. 7
[(g)] (H) (1) The Exchange shall track on a monthly basis expenditures on 8
subsidies provided under the Pilot Program, including: 9
(i) the average number of young adults receiving subsidies under 10
the Pilot Program; and 11
(ii) the average subsidy amount received by young adults under the 12
Pilot Program. 13
(2) The Exchange shall track: 14
(I) the impact the Pilot Program has on rates in the individual 15
insurance market; AND 16
(II) THE IMPACT OF COVERI NG 100% OF THE COST OF 17
PREMIUMS FOR QUALIFI ED PARTICIPANTS ON E FFECTUATION RATES AN D 18
TERMINATION FOR NONP AYMENT RATES . 19
(3) The information tracked by the Exchange under paragraphs (1) and (2) 20
of this subsection shall be: 21
(i) posted on the website of the Exchange; and 22
(ii) included in the annual report required under § 31–119(d) of this 23
subtitle. 24
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
as follows: 26
Article – State Finance and Procurement 27
6–226. 28
(a) (2) (i) Notwithstanding any other provision of law, and unless 29
inconsistent with a federal law, grant agreement, or other federal requirement or with the 30
terms of a gift or settlement agreement, net interest on all State money allocated by the 31
State Treasurer under this section to special funds or accounts, and otherwise entitled to 32 SENATE BILL 890 13
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
Fund of the State. 2
(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
to the following funds: 4
144. the Health Equity Resource Community Reserve Fund; 5
[and] 6
145. the Access to Counsel in Evictions Special Fund; AND 7
146. THE ABORTION CARE CLINICAL TRAINING PROGRAM 8
FUND. 9
SECTION 2. 6. AND BE IT FURTHER ENACTE D, That: 10
(a) The Maryland Health Benefit Exchange, in consultation with the Maryland 11
Insurance Administration, shall convene a workgroup of interested stakeholders to make 12
recommendations to improve the transparency and accessibility of consumer information 13
about abortion care coverage for consideration for plan certification standards beginning in 14
plan year 2024. 15
(b) On or before January 1, 2023, the Maryland Health Benefit Exchange shall 16
report the recommendations made by the workgroup convened under subsection (a) of this 17
section to the Senate Finance Committee and the House Health and Government 18
Operations Committee, in accordance with § 2–1257 of the State Government Article. 19
SECTION 3. 7. AND BE IT FURTHER ENACTED, That: 20
(a) The Maryland Insurance Administration shall collect data from 21
State–regulated plans on receipts, disbursements, and ending balances for segregated 22
accounts established under § 1303(b)(2)(B) and (C) of the federal Patient Protection and 23
Affordable Care Act and 45 C.F.R. § 156.280. 24
(b) The Maryland Insurance Administration shall report to the Senate Finance 25
Committee and the House Health and Government Operations Committee, in accordance 26
with § 2–1257 of the State Government Article, as follows: 27
(1) on or before January 1, 2023, aggregate data collected for the period 28
from January 1, 2014, to December 31, 2021, both inclusive; 29
(2) on or before January 1, 2024, aggregate data collected for the period 30
from January 1, 2022, to December 31, 2022, both inclusive; 31
(3) on or before January 1, 2025, aggregate data collected for the period 32
from January 1, 2023, to December 31, 2023, both inclusive; and 33
14 SENATE BILL 890
(4) on or before January 1, 2026, aggregate data collected for the period 1
from January 1, 2024, to December 31, 2024, both inclusive. 2
SECTION 4. 8. AND BE IT FURTHER ENACTED, That: 3
(a) The Maryland Health Benefit Exchange shall study extending the last dollar 4
coverage to other enrollees in addition to the enrollees receiving last dollar coverage 5
through the program established under § 31–122 of the Insurance Article. 6
(b) On or before January 1, 2023 2024, the Maryland Health Benefit Exchange 7
shall report, in accordance with § 2–1257 of the State Government Article, to the Senate 8
Finance Committee and the House Health and Government Operations Committee, on the 9
findings of the study required under subsection (a) of this section. 10
SECTION 9. AND BE IT FURTHER ENACTED, That Sections 2 and 4 of this Act 11
shall apply to all policies, contracts, and health benefit plans issued, delivered, or renewed 12
in the State on or after January 1, 2023. 13
SECTION 5. 10. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
July 1, 2022. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.