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 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0890* | |
9 | 6 | ||
10 | 7 | SENATE BILL 890 | |
11 | 8 | J1, J2, J5 2lr1202 | |
12 | - | CF | |
9 | + | CF 2lr0314 | |
13 | 10 | By: Senators Kelley, Feldman, and Hettleman | |
14 | 11 | Introduced and read first time: February 7, 2022 | |
15 | 12 | Assigned to: Finance and Budget and Taxation | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: March 14, 2022 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Abortion Care Access Act 2 | |
25 | 19 | ||
26 | 20 | FOR the purpose of establishing the Abortion Clinical Care Training Program in the 3 | |
27 | 21 | Maryland Department of Health; establishing the Abortion Care Clinical Training 4 | |
28 | 22 | Program Fund; requiring interest earnings of the Fund to be credited to the Fund; 5 | |
29 | 23 | establishing and altering certain requirements regarding abortion services, 6 | |
30 | - | including requirements a requirement related to who may perform abortions in the 7 | |
31 | - | State and the provision and coverage of abortion care services by the Maryland 8 | |
32 | - | Medical Assistance Program and certain insurers, nonprofit health service plans, 9 | |
33 | - | and health maintenance organizations; authorizing the Maryland Insurance 10 | |
34 | - | Commissioner to grant a certain exemption to certain abortion care service 11 | |
35 | - | requirements under certain circumstances; requiring the Maryland Health Benefit 12 | |
36 | - | Exchange to adopt regulations to provide a certain subsidy to cover the cost of 13 | |
37 | - | insurance premiums for certain young adults; establishing certain requirements 14 | |
38 | - | regarding abortion care services, including provision and coverage requirements on 15 | |
39 | - | the Maryland Medical Assistance Program and certain insurers, nonprofit health 16 | |
40 | - | service plans, and health maintenance organizations; authorizing certain 17 | |
41 | - | organizations to obtain from certain entities an exclusion from certain abortion care 18 | |
42 | - | coverage and information requirements under certain circumstances; authorizing 19 | |
43 | - | the Maryland Insurance Commissioner to grant a certain exemption to certain 20 | |
44 | - | abortion care service requirements under certain circumstances; requiring the 21 | |
45 | - | Maryland Health Benefit Exchange to adopt regulations to provide a certain subsidy 22 | |
46 | - | to cover the cost of insurance premiums for certain young adults; requiring the 23 | |
47 | - | Exchange to study extending last dollar coverage to certain enrollees; and generally 24 2 SENATE BILL 890 | |
24 | + | including requirements related to who may perform abortions in the State and the 7 | |
25 | + | provision and coverage of abortion care services by the Maryland Medical Assistance 8 | |
26 | + | Program and certain insurers, nonprofit health service plans, and health 9 | |
27 | + | maintenance organizations; authorizing the Maryland Insurance Commissioner to 10 | |
28 | + | grant a certain exemption to certain abortion care service requirements under 11 | |
29 | + | certain circumstances; requiring the Maryland Health Benefit Exchange to adopt 12 | |
30 | + | regulations to provide a certain subsidy to cover the cost of insurance premiums for 13 | |
31 | + | certain young adults; and generally relating to abortion care. 14 | |
32 | + | ||
33 | + | BY adding to 15 | |
34 | + | Article – Health – General 16 | |
35 | + | Section 13–4401 through 13–4407 to be under the new subtitle “Subtitle 44. Abortion 17 | |
36 | + | Care Clinical Training Program”; and 15–103(a)(2)(xviii) 18 | |
37 | + | Annotated Code of Maryland 19 | |
38 | + | (2019 Replacement Volume and 2021 Supplement) 20 | |
39 | + | ||
40 | + | BY repealing and reenacting, without amendments, 21 | |
41 | + | Article – Health – General 22 | |
42 | + | Section 15–103(a)(1) 23 | |
43 | + | Annotated Code of Maryland 24 | |
44 | + | (2019 Replacement Volume and 2021 Supplement) 25 | |
45 | + | ||
46 | + | BY repealing and reenacting, with amendments, 26 | |
47 | + | Article – Health – General 27 | |
48 | + | Section 15–103(a)(2)(xvi) and (xvii), 20–103, and 20–207 through 20–209 28 2 SENATE BILL 890 | |
48 | 49 | ||
49 | 50 | ||
50 | - | ||
51 | - | ||
51 | + | Annotated Code of Maryland 1 | |
52 | + | (2019 Replacement Volume and 2021 Supplement) 2 | |
52 | 53 | ||
53 | 54 | BY adding to 3 | |
54 | - | Article – Health – General 4 | |
55 | - | Section 13–4401 through 13–4407 to be under the new subtitle “Subtitle 44. Abortion 5 | |
56 | - | Care Clinical Training Program”; and 15–103(a)(2)(xviii) 6 | |
57 | - | Annotated Code of Maryland 7 | |
58 | - | (2019 Replacement Volume and 2021 Supplement) 8 | |
55 | + | Article – Insurance 4 | |
56 | + | Section 15–857 5 | |
57 | + | Annotated Code of Maryland 6 | |
58 | + | (2017 Replacement Volume and 2021 Supplement) 7 | |
59 | 59 | ||
60 | - | BY repealing and reenacting, | |
61 | - | Article – | |
62 | - | Section | |
63 | - | Annotated Code of Maryland | |
64 | - | ( | |
60 | + | BY repealing and reenacting, with amendments, 8 | |
61 | + | Article – Insurance 9 | |
62 | + | Section 31–122 10 | |
63 | + | Annotated Code of Maryland 11 | |
64 | + | (2017 Replacement Volume and 2021 Supplement) 12 | |
65 | 65 | ||
66 | - | BY repealing and reenacting, | |
67 | - | Article – | |
68 | - | Section | |
69 | - | Annotated Code of Maryland | |
70 | - | ( | |
66 | + | BY repealing and reenacting, without amendments, 13 | |
67 | + | Article – State Finance and Procurement 14 | |
68 | + | Section 6–226(a)(2)(i) 15 | |
69 | + | Annotated Code of Maryland 16 | |
70 | + | (2021 Replacement Volume) 17 | |
71 | 71 | ||
72 | - | BY | |
73 | - | Article – | |
74 | - | Section | |
75 | - | Annotated Code of Maryland | |
76 | - | ( | |
72 | + | BY repealing and reenacting, with amendments, 18 | |
73 | + | Article – State Finance and Procurement 19 | |
74 | + | Section 6–226(a)(2)(ii)144. and 145. 20 | |
75 | + | Annotated Code of Maryland 21 | |
76 | + | (2021 Replacement Volume) 22 | |
77 | 77 | ||
78 | - | BY | |
79 | - | Article – | |
80 | - | Section | |
81 | - | Annotated Code of Maryland | |
82 | - | ( | |
78 | + | BY adding to 23 | |
79 | + | Article – State Finance and Procurement 24 | |
80 | + | Section 6–226(a)(2)(ii)146. 25 | |
81 | + | Annotated Code of Maryland 26 | |
82 | + | (2021 Replacement Volume) 27 | |
83 | 83 | ||
84 | - | BY repealing and reenacting, without amendments, 29 | |
85 | - | Article – State Finance and Procurement 30 | |
86 | - | Section 6–226(a)(2)(i) 31 | |
87 | - | Annotated Code of Maryland 32 | |
88 | - | (2021 Replacement Volume) 33 | |
84 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 | |
85 | + | That the Laws of Maryland read as follows: 29 | |
89 | 86 | ||
90 | - | BY repealing and reenacting, with amendments, 34 | |
91 | - | Article – State Finance and Procurement 35 | |
92 | - | Section 6–226(a)(2)(ii)144. and 145. 36 | |
93 | - | Annotated Code of Maryland 37 | |
94 | - | (2021 Replacement Volume) 38 | |
87 | + | Article – Health – General 30 | |
95 | 88 | ||
96 | - | BY adding to 39 SENATE BILL 890 3 | |
89 | + | SUBTITLE 44. ABORTION CARE CLINICAL TRAINING PROGRAM. 31 | |
90 | + | ||
91 | + | 13–4401. 32 | |
92 | + | ||
93 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 33 | |
94 | + | INDICATED. 34 | |
95 | + | ||
96 | + | (B) “FUND” MEANS THE ABORTION CARE CLINICAL TRAINING PROGRAM 35 SENATE BILL 890 3 | |
97 | 97 | ||
98 | 98 | ||
99 | - | Article – State Finance and Procurement 1 | |
100 | - | Section 6–226(a)(2)(ii)146. 2 | |
101 | - | Annotated Code of Maryland 3 | |
102 | - | (2021 Replacement Volume) 4 | |
99 | + | FUND. 1 | |
103 | 100 | ||
104 | - | | |
105 | - | ||
101 | + | (C) “PROGRAM” MEANS THE ABORTION CARE CLINICAL TRAINING 2 | |
102 | + | PROGRAM. 3 | |
106 | 103 | ||
107 | - | ||
104 | + | 13–4402. 4 | |
108 | 105 | ||
109 | - | SUBTITLE 44. ABORTION CARE CLINICAL TRAINING PROGRAM. 8 | |
106 | + | THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM IN THE 5 | |
107 | + | DEPARTMENT . 6 | |
110 | 108 | ||
111 | - | 13– | |
109 | + | 13–4403. 7 | |
112 | 110 | ||
113 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10 | |
114 | - | INDICATED. 11 | |
111 | + | THE PURPOSE OF THE PROGRAM IS TO PROTECT ACCESS TO ABORTION C ARE 8 | |
112 | + | BY ENSURING THAT THE RE ARE A SUFFICIENT NUMBER OF HEALTH PRO FESSIONALS 9 | |
113 | + | TO PROVIDE ABORTION CARE. 10 | |
115 | 114 | ||
116 | - | (B) “FUND” MEANS THE ABORTION CARE CLINICAL TRAINING PROGRAM 12 | |
117 | - | FUND. 13 | |
115 | + | 13–4404. 11 | |
118 | 116 | ||
119 | - | ( | |
120 | - | PROGRAM. | |
117 | + | (A) (1) THE DEPARTMENT SH ALL CONTRACT WITH A COORDINATING 12 | |
118 | + | ORGANIZATION TO ADMI NISTER THE PROGRAM. 13 | |
121 | 119 | ||
122 | - | 13–4402. 16 | |
120 | + | (2) THE DEPARTMENT SHALL USE FUNDS APPROPRIATED I N THE 14 | |
121 | + | BUDGET FOR THE PROGRAM TO CONTRACT W ITH THE COORDINATING 15 | |
122 | + | ORGANIZATION UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 16 | |
123 | 123 | ||
124 | - | THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM IN THE 17 | |
125 | - | DEPARTMENT . 18 | |
124 | + | (B) THE COORDINATING ORGANIZ ATION SHALL: 17 | |
126 | 125 | ||
127 | - | 13–4403. 19 | |
126 | + | (1) HAVE DEMONSTRATED EXP ERIENCE IN COORDINAT ING 18 | |
127 | + | ABORTION CARE TRAINI NG PROGRAMS AT COMMU NITY–BASED AND 19 | |
128 | + | HOSPITAL–BASED PROVIDER SITES ; 20 | |
128 | 129 | ||
129 | - | THE PURPOSE OF THE PROGRAM IS TO PROTECT ACCESS TO ABORTION C ARE 20 | |
130 | - | BY ENSURING THAT THE RE ARE A SUFFICIENT NUMBER OF HEALTH PRO FESSIONALS 21 | |
131 | - | TO PROVIDE ABORTION CARE. 22 | |
130 | + | (2) BE A NONPROFIT ENTITY ; 21 | |
132 | 131 | ||
133 | - | 13–4404. 23 | |
132 | + | (3) BE IN GOOD STANDING I N ANY STATE OR JURIS DICTION IN WHICH 22 | |
133 | + | THE ORGANIZATION IS REGISTERED OR INCORP ORATED; 23 | |
134 | 134 | ||
135 | - | ( | |
136 | - | ||
135 | + | (4) SUBMIT AN ANNUAL REPO RT TO THE DEPARTMENT ON THE 24 | |
136 | + | PERFORMANCE OF THE PROGRAM; 25 | |
137 | 137 | ||
138 | - | (2) THE DEPARTMENT SHALL USE FUNDS APPROPRIATED I N THE 26 | |
139 | - | BUDGET FOR THE PROGRAM TO CONTRACT W ITH THE COORDINATING 27 | |
140 | - | ORGANIZATION UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 28 | |
141 | - | ||
142 | - | (B) THE COORDINATING ORGA NIZATION SHALL : 29 | |
138 | + | (5) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 26 | |
139 | + | DEPARTMENT IF THE REQ UIREMENTS ARE NOT IN CONSISTENT WITH TITLE 20, 27 | |
140 | + | SUBTITLE 2 OF THE HEALTH – GENERAL ARTICLE; AND 28 | |
143 | 141 | 4 SENATE BILL 890 | |
144 | 142 | ||
145 | 143 | ||
146 | - | (1) HAVE DEMONSTRATED EX PERIENCE IN COORDINA TING 1 | |
147 | - | ABORTION CARE TRAINI NG PROGRAMS AT COMMU NITY–BASED AND 2 | |
148 | - | HOSPITAL–BASED PROVIDER SITES ; 3 | |
144 | + | (6) PERFORM THE FOLLOWING FUNCTIONS: 1 | |
149 | 145 | ||
150 | - | (2) BE A NONPROFIT ENTITY ; 4 | |
146 | + | (I) ADMINISTER GRANTS TO DEVELOP AND SUSTAIN ABORTION 2 | |
147 | + | CARE TRAINING PROGRA MS AT A MINIMUM OF T WO COMMUNITY –BASED PROVIDER 3 | |
148 | + | SITES; 4 | |
151 | 149 | ||
152 | - | (3) BE IN GOOD STANDING I N ANY STATE OR JURIS DICTION IN WHICH 5 | |
153 | - | THE ORGANIZATION IS REGISTERED OR INCORP ORATED; 6 | |
150 | + | (II) ADMINISTER GRAN TS IF FUNDING IS AVA ILABLE TO: 5 | |
154 | 151 | ||
155 | - | (4) SUBMIT AN ANNUAL REPO RT TO THE DEPARTMENT ON THE 7 | |
156 | - | PERFORMANCE OF THE PROGRAM; 8 | |
152 | + | 1. OTHER COMMUNITY –BASED SITES; 6 | |
157 | 153 | ||
158 | - | (5) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 9 | |
159 | - | DEPARTMENT IF THE REQ UIREMENTS ARE NOT IN CONSISTENT WITH TITLE 20, 10 | |
160 | - | SUBTITLE 2 OF THE HEALTH – GENERAL ARTICLE; AND 11 | |
154 | + | 2. HOSPITAL–BASED PROVIDER SITES ; 7 | |
161 | 155 | ||
162 | - | (6) PERFORM THE FOLLOWING FUNCTIONS: 12 | |
156 | + | 3. CONTINUING EDUCATION PROGRAMS FOR QUALIFI ED 8 | |
157 | + | PROVIDERS THROUGH PR OFESSIONAL ASSOCIATI ONS OR OTHER CLINICA L 9 | |
158 | + | EDUCATION PROGRAMS ; AND 10 | |
163 | 159 | ||
164 | - | (I) ADMINISTER GRANTS TO DEVELOP AND SUSTAIN ABORTION 13 | |
165 | - | CARE TRAINING PROGRA MS AT A MINIMUM OF T WO COMMUNITY –BASED PROVIDER 14 | |
166 | - | SITES; 15 | |
160 | + | 4. ESTABLISH TRAINING PROG RAM REQUIREMENTS 11 | |
161 | + | THAT: 12 | |
167 | 162 | ||
168 | - | (II) ADMINISTER GRANTS IF FUNDING IS AVAILABLE TO: 16 | |
163 | + | A. ARE CONSISTENT WITH E VIDENCE–BASED TRAINING 13 | |
164 | + | STANDARDS; AND 14 | |
169 | 165 | ||
170 | - | 1. OTHER COMMUNITY –BASED SITES; 17 | |
166 | + | B. COMPLY WITH ANY APPLI CABLE STATE LAW AND 15 | |
167 | + | REGULATIONS ; 16 | |
171 | 168 | ||
172 | - | 2. HOSPITAL–BASED PROVIDER SITES ; 18 | |
169 | + | (III) SUPPORT ABORTION CARE CLINICAL TRAINING TO 17 | |
170 | + | QUALIFIED PROVIDERS AS DEFINED IN § 20–103 OF THIS ARTICLE AND TO THE 18 | |
171 | + | CLINICAL CARE TEAMS OF THE QUALIFIED PRO VIDERS TO: 19 | |
173 | 172 | ||
174 | - | 3. CONTINUING EDUCATION PROGRAMS FOR QUALIFI ED 19 | |
175 | - | PROVIDERS THROUGH PR OFESSIONAL ASSOCIATI ONS OR OTHER CLINICA L 20 | |
176 | - | EDUCATION PROGRAMS ; AND 21 | |
173 | + | 1. EXPAND THE NUMBER OF HEALTH CARE 20 | |
174 | + | PROFESSIONALS WITH A BORTION CARE TRAININ G; AND 21 | |
177 | 175 | ||
178 | - | | |
179 | - | ||
176 | + | 2. INCREASE THE RACIAL A ND ETHNIC DIVERSITY 22 | |
177 | + | AMONG HEALTH CARE PR OFESSIONALS WITH ABORTION CAR E TRAINING; AND 23 | |
180 | 178 | ||
181 | - | | |
182 | - | ||
179 | + | (IV) SUPPORT THE IDENTIFIC ATION, SCREENING, AND 24 | |
180 | + | PLACEMENT OF QUALIFI ED PROVIDERS AT TRAI NING SITES. 25 | |
183 | 181 | ||
184 | - | B. COMPLY WITH ANY APPLI CABLE STATE LAW AND 26 | |
185 | - | REGULATIONS ; AND 27 | |
186 | - | ||
187 | - | C. FOCUS ON THE PROVISIO N OF CULTURALLY 28 | |
188 | - | CONGRUENT CARE AND I NCLUDE IMPLICIT BIAS TRAINING; 29 | |
182 | + | (C) (1) THE DEPARTMENT SHALL RELE ASE THE NAME OF THE 26 | |
183 | + | COORDINATING ORGANIZ ATION THAT THE DEPARTMENT CONTRACTS WITH UNDER 27 | |
184 | + | SUBSECTION (A) OF THIS SECTION AND ANY ENTITY RECEIVING FUNDS THROUGH 28 | |
185 | + | THE COORDINATION ORG ANIZATION. 29 | |
189 | 186 | SENATE BILL 890 5 | |
190 | 187 | ||
191 | 188 | ||
192 | - | ( | |
193 | - | ||
194 | - | ||
189 | + | (2) THE DEPARTMENT MAY NOT RE LEASE THE NAME OF AN Y 1 | |
190 | + | INDIVIDUAL OR PERSON ADMINISTERING SERVIC ES THROUGH OR PARTIC IPATING 2 | |
191 | + | IN THE PROGRAM. 3 | |
195 | 192 | ||
196 | - | 1. EXPAND THE NUMBER OF HEALTH CARE 4 | |
197 | - | PROFESSIONALS WITH A BORTION CARE TRAININ G; AND 5 | |
193 | + | 13–4405. 4 | |
198 | 194 | ||
199 | - | | |
200 | - | ||
195 | + | FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL 5 | |
196 | + | BUDGET BILL AN APPRO PRIATION OF $3,500,000 TO THE PROGRAM. 6 | |
201 | 197 | ||
202 | - | (IV) SUPPORT THE IDENTIFIC ATION, SCREENING, AND 8 | |
203 | - | PLACEMENT OF QUALIFI ED PROVIDERS AT TRAI NING SITES. 9 | |
198 | + | 13–4406. 7 | |
204 | 199 | ||
205 | - | (C) (1) THE DEPARTMENT SHALL RELE ASE THE NAME OF THE 10 | |
206 | - | COORDINATING ORGANIZATION THAT TH E DEPARTMENT CONTRACTS WITH UNDER 11 | |
207 | - | SUBSECTION (A) OF THIS SECTION AND ANY ENTITY RECEIVING FUNDS THROUGH 12 | |
208 | - | THE COORDINATION ORG ANIZATION. 13 | |
200 | + | (A) THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM FUND. 8 | |
209 | 201 | ||
210 | - | (2) THE DEPARTMENT MAY NOT RE LEASE THE NAME OF AN Y 14 | |
211 | - | INDIVIDUAL OR PERSON ADMINISTERING SERVIC ES THROUGH OR PARTICIPATIN G 15 | |
212 | - | IN THE PROGRAM. 16 | |
202 | + | (B) THE PURPOSE OF THE FUND IS TO SUPPORT TH E PROGRAM. 9 | |
213 | 203 | ||
214 | - | ||
204 | + | (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 10 | |
215 | 205 | ||
216 | - | | |
217 | - | ||
206 | + | (D) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 11 | |
207 | + | § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12 | |
218 | 208 | ||
219 | - | 13–4406. 20 | |
209 | + | (E) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 13 | |
210 | + | COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14 | |
220 | 211 | ||
221 | - | ( | |
212 | + | (F) THE FUND CONSISTS OF : 15 | |
222 | 213 | ||
223 | - | (B) THE PURPOSE OF THE FUND IS TO SUPPORT TH E PROGRAM. 22 | |
214 | + | (1) ANY MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 16 | |
215 | + | FUND; 17 | |
224 | 216 | ||
225 | - | ( | |
217 | + | (2) INTEREST EARNINGS ; AND 18 | |
226 | 218 | ||
227 | - | ( | |
228 | - | ||
219 | + | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 19 | |
220 | + | THE BENEFIT OF THE FUND. 20 | |
229 | 221 | ||
230 | - | (E) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 26 | |
231 | - | COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27 | |
222 | + | (G) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 21 | |
232 | 223 | ||
233 | - | (F) THE FUND CONSISTS OF : 28 | |
234 | - | 6 SENATE BILL 890 | |
224 | + | (H) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 22 | |
225 | + | MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 23 | |
226 | + | INVESTED. 24 | |
227 | + | ||
228 | + | (2) ANY INVESTM ENT EARNINGS OF THE FUND SHALL BE PAID IN TO 25 | |
229 | + | THE FUND. 26 | |
230 | + | ||
231 | + | (I) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 27 6 SENATE BILL 890 | |
235 | 232 | ||
236 | 233 | ||
237 | - | (1) ANY MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 1 | |
238 | - | FUND; 2 | |
234 | + | DIRECTED BY THE SECRETARY. 1 | |
239 | 235 | ||
240 | - | ( | |
236 | + | (J) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 2 | |
241 | 237 | ||
242 | - | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 4 | |
243 | - | THE BENEFIT OF THE FUND. 5 | |
238 | + | (1) THE GENERAL FUND OF THE STATE; OR 3 | |
244 | 239 | ||
245 | - | ( | |
240 | + | (2) ANY OTHER SPECIAL FUND OF TH E STATE. 4 | |
246 | 241 | ||
247 | - | (H) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 7 | |
248 | - | MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 8 | |
249 | - | INVESTED. 9 | |
242 | + | (K) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5 | |
243 | + | WITH THE STATE BUDGET . 6 | |
250 | 244 | ||
251 | - | (2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID INTO 10 | |
252 | - | THE FUND. 11 | |
245 | + | 13–4407. 7 | |
253 | 246 | ||
254 | - | (I) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 12 | |
255 | - | DIRECTED BY THE SECRETARY. 13 | |
247 | + | ON OR BEFORE JULY 1 EACH YEAR, THE DEPARTMENT SHALL SUBM IT AN 8 | |
248 | + | ANNUAL REPORT ON THE PROGRAM TO THE GOVERNOR AND , IN ACCORDANCE WITH 9 | |
249 | + | § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 10 | |
256 | 250 | ||
257 | - | ||
251 | + | 15–103. 11 | |
258 | 252 | ||
259 | - | (1) THE GENERAL FUND OF THE STATE; OR 15 | |
253 | + | (a) (1) The Secretary shall administer the Maryland Medical Assistance 12 | |
254 | + | Program. 13 | |
260 | 255 | ||
261 | - | (2) | |
256 | + | (2) The Program: 14 | |
262 | 257 | ||
263 | - | (K) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17 | |
264 | - | WITH THE STATE BUDGET . 18 | |
258 | + | (xvi) Beginning on January 1, 2021, shall provide, subject to the 15 | |
259 | + | limitations of the State budget and § 15–855(b)(2) of the Insurance Article, and as permitted 16 | |
260 | + | by federal law, services for pediatric autoimmune neuropsychiatric disorders associated 17 | |
261 | + | with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, 18 | |
262 | + | including the use of intravenous immunoglobulin therapy, for eligible Program recipients, 19 | |
263 | + | if pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections 20 | |
264 | + | and pediatric acute onset neuropsychiatric syndrome are coded for billing and diagnosis 21 | |
265 | + | purposes in accordance with § 15–855(d) of the Insurance Article; [and] 22 | |
265 | 266 | ||
266 | - | 13–4407. 19 | |
267 | + | (xvii) Beginning on January 1, 2022, may not include, subject to federal 23 | |
268 | + | approval and limitations of the State budget, a frequency limitation on covered dental 24 | |
269 | + | prophylaxis care or oral health exams that requires the dental prophylaxis care or oral 25 | |
270 | + | health exams to be provided at an interval greater than 120 days within a plan year; AND 26 | |
267 | 271 | ||
268 | - | | |
269 | - | ||
270 | - | ||
272 | + | (XVIII) SHALL PROVIDE COVERAG E OF ABORTION CARE 27 | |
273 | + | SERVICES TO PROGRAM RECIPIENTS IN THE MANNER DESCRI BED IN § 28 | |
274 | + | 15–857(B)(1)(II) AND (2) OF THE INSURANCE ARTICLE. 29 | |
271 | 275 | ||
272 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23 | |
273 | - | as follows: 24 | |
276 | + | 20–103. 30 | |
274 | 277 | ||
275 | - | Article – Health – General 25 | |
276 | - | ||
277 | - | 15–103. 26 | |
278 | - | ||
279 | - | (a) (1) The Secretary shall administer the Maryland Medical Assistance 27 | |
280 | - | Program. 28 | |
281 | - | SENATE BILL 890 7 | |
278 | + | (A) IN THIS SECTION, “QUALIFIED PROVIDER ” MEANS A PHYSICIAN , NURSE 31 SENATE BILL 890 7 | |
282 | 279 | ||
283 | 280 | ||
284 | - | (2) The Program: 1 | |
281 | + | PRACTITIONER , NURSE–MIDWIFE, LICENSED CERTIFIED M IDWIFE, PHYSICIAN 1 | |
282 | + | ASSISTANT, OR ANY OTHER INDIV IDUAL: 2 | |
285 | 283 | ||
286 | - | (xvi) Beginning on January 1, 2021, shall provide, subject to the 2 | |
287 | - | limitations of the State budget and § 15–855(b)(2) of the Insurance Article, and as permitted 3 | |
288 | - | by federal law, services for pediatric autoimmune neuropsychiatric disorders associated 4 | |
289 | - | with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, 5 | |
290 | - | including the use of intravenous immunoglobulin therapy, for eligible Program recipients, 6 | |
291 | - | if pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections 7 | |
292 | - | and pediatric acute onset neuropsychiatric syndrome are coded for billing and diagnosis 8 | |
293 | - | purposes in accordance with § 15–855(d) of the Insurance Article; [and] 9 | |
284 | + | (1) WHO IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED BY 3 | |
285 | + | LAW TO PRACTICE IN T HE STATE; AND 4 | |
294 | 286 | ||
295 | - | (xvii) Beginning on January 1, 2022, may not include, subject to federal 10 | |
296 | - | approval and limitations of the State budget, a frequency limitation on covered dental 11 | |
297 | - | prophylaxis care or oral health exams that requires the dental prophylaxis care or oral 12 | |
298 | - | health exams to be provided at an interval greater than 120 days within a plan year; AND 13 | |
287 | + | (2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 5 | |
288 | + | SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 6 | |
299 | 289 | ||
300 | - | (XVIII) SHALL PROVIDE COVERAG E OF ABORTION CARE 14 | |
301 | - | SERVICES TO PROGRAM RECIPIENTS IN THE MANNER DESCRIBED IN § 15 | |
302 | - | 15–857(B)(1)(II) AND (2) OF THE INSURANCE ARTICLE. 16 | |
290 | + | [(a)] (B) Except as provided in subsections [(b) and] (c) AND (D) of this section, 7 | |
291 | + | a [physician] QUALIFIED PROVIDER may not perform an abortion on an unmarried minor 8 | |
292 | + | unless the [physician] QUALIFIED PROVIDER first gives notice to a parent or guardian of 9 | |
293 | + | the minor. 10 | |
303 | 294 | ||
304 | - | | |
305 | - | ||
295 | + | [(b)] (C) The [physician] QUALIFIED PROVIDER may perform the abortion 11 | |
296 | + | without notice to a parent or guardian if: 12 | |
306 | 297 | ||
307 | - | ||
298 | + | (1) The minor does not live with a parent or guardian; and 13 | |
308 | 299 | ||
309 | - | 20–103. 20 | |
300 | + | (2) A reasonable effort to give notice to a parent or guardian is 14 | |
301 | + | unsuccessful. 15 | |
310 | 302 | ||
311 | - | ( | |
312 | - | ||
313 | - | ||
303 | + | [(c)] (D) (1) The [physician] QUALIFIED PROVIDER may perform the 16 | |
304 | + | abortion, without notice to a parent or guardian of a minor if, in the professional judgment 17 | |
305 | + | of the [physician] QUALIFIED PROVIDER : 18 | |
314 | 306 | ||
315 | - | ( | |
316 | - | ||
307 | + | (i) Notice to the parent or guardian may lead to physical or 19 | |
308 | + | emotional abuse of the minor; 20 | |
317 | 309 | ||
318 | - | ( | |
319 | - | ||
310 | + | (ii) The minor is mature and capable of giving informed consent to 21 | |
311 | + | an abortion; or 22 | |
320 | 312 | ||
321 | - | [(a)] (B) Except as provided in subsections [(b) and] (c) AND (D) of this section, 28 | |
322 | - | a [physician] QUALIFIED PROVIDER may not perform an abortion on an unmarried minor 29 | |
323 | - | unless the [physician] QUALIFIED PROVIDER first gives notice to a parent or guardian of 30 | |
324 | - | the minor. 31 | |
313 | + | (iii) Notification would not be in the best interest of the minor. 23 | |
325 | 314 | ||
326 | - | ||
327 | - | ||
315 | + | (2) The [physician] QUALIFIED PROVIDER is not liable for civil damages 24 | |
316 | + | or subject to a criminal penalty for a decision under this subsection not to give notice. 25 | |
328 | 317 | ||
329 | - | (1) The minor does not live with a parent or guardian; and 34 8 SENATE BILL 890 | |
318 | + | [(d)] (E) THE FOLLOWING SHALL B E CONCLUSIVE EVIDENC E OF NOTICE OR 26 | |
319 | + | A REASONABLE ATTEMPT TO GIVE NOTICE: 27 | |
320 | + | ||
321 | + | (1) The postal receipt that shows an article of mail was sent by certified 28 | |
322 | + | mail, return receipt requested, bearing a postmark from the United States Postal Service, 29 | |
323 | + | to the last known address of a parent or guardian and that is attached to a copy of the notice 30 | |
324 | + | letter that was sent in that article of mail [shall be conclusive evidence of notice or a 31 | |
325 | + | reasonable effort to give notice, as the case may be]; OR 32 8 SENATE BILL 890 | |
330 | 326 | ||
331 | 327 | ||
332 | 328 | ||
333 | - | (2) A reasonable effort to give notice to a parent or guardian is 1 | |
334 | - | unsuccessful. 2 | |
329 | + | (2) DOCUMENTATION IN THE HEALTH RECORD OF THE MINOR THAT 1 | |
330 | + | NOTIFICATION OF THE PARENT OR GUARDIAN W AS ATTEMPTED BY USIN G THE 2 | |
331 | + | CONTACT INFORMATION AVA ILABLE TO THE QUALIF IED PROVIDER . 3 | |
335 | 332 | ||
336 | - | [(c)] (D) (1) The [physician] QUALIFIED PROVIDER may perform the 3 | |
337 | - | abortion, without notice to a parent or guardian of a minor if, in the professional judgment 4 | |
338 | - | of the [physician] QUALIFIED PROVIDER : 5 | |
333 | + | [(e)] (F) A [physician] QUALIFIED PROVIDER may not provide notice to a 4 | |
334 | + | parent or guardian if the minor decides not to have the abortion. 5 | |
339 | 335 | ||
340 | - | (i) Notice to the parent or guardian may lead to physical or 6 | |
341 | - | emotional abuse of the minor; 7 | |
336 | + | 20–207. 6 | |
342 | 337 | ||
343 | - | | |
344 | - | an | |
338 | + | In Part II of this subtitle, [the word “physician”] “QUALIFIED PROVIDER ” means 7 | |
339 | + | [any person, including a doctor of osteopathy,] AN INDIVIDUAL: 8 | |
345 | 340 | ||
346 | - | (iii) Notification would not be in the best interest of the minor. 10 | |
341 | + | (1) WHO IS licensed, CERTIFIED, OR OTHERWISE AUTHORI ZED BY LAW 9 | |
342 | + | to practice [medicine] in the State [of Maryland in compliance with the provisions of Title 10 | |
343 | + | 14 of the Health Occupations Article]; AND 11 | |
347 | 344 | ||
348 | - | (2) The | |
349 | - | or | |
345 | + | (2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 12 | |
346 | + | SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 13 | |
350 | 347 | ||
351 | - | [(d)] (E) THE FOLLOWING SHALL B E CONCLUSIVE EVIDENC E OF NOTICE OR 13 | |
352 | - | A REASONABLE ATTEMPT TO GIVE NOTICE: 14 | |
348 | + | 20–208. 14 | |
353 | 349 | ||
354 | - | (1) The postal receipt that shows an article of mail was sent by certified 15 | |
355 | - | mail, return receipt requested, bearing a postmark from the United States Postal Service, 16 | |
356 | - | to the last known address of a parent or guardian and that is attached to a copy of the notice 17 | |
357 | - | letter that was sent in that article of mail [shall be conclusive evidence of notice or a 18 | |
358 | - | reasonable effort to give notice, as the case may be]; OR. 19 | |
350 | + | An abortion must be performed by a [licensed physician] QUALIFIED PROVIDER . 15 | |
359 | 351 | ||
360 | - | (2) DOCUMENTATION IN THE HEALTH RECORD OF THE MINOR THAT 20 | |
361 | - | NOTIFICATION OF THE PARENT OR GUARDIAN W AS ATTEMPTED BY USIN G THE 21 | |
362 | - | CONTACT INFORMATION AV AILABLE TO THE QUALI FIED PROVIDER . 22 | |
352 | + | 20–209. 16 | |
363 | 353 | ||
364 | - | [(e)] (F) A [physician] QUALIFIED PROVIDER may not provide notice to a 23 | |
365 | - | parent or guardian if the minor decides not to have the abortion. 24 | |
354 | + | (a) In this section, “viable” means that stage when, in the best [medical] 17 | |
355 | + | CLINICAL judgment of the [attending physician] QUALIFIED PROVIDER based on the 18 | |
356 | + | particular facts of the case before the [physician] QUALIFIED PROVIDER , there is a 19 | |
357 | + | reasonable likelihood of the fetus’s sustained survival outside the womb. 20 | |
366 | 358 | ||
367 | - | 20–207. 25 | |
359 | + | (b) Except as otherwise provided in this subtitle, the State may not interfere with 21 | |
360 | + | the decision of a woman to terminate a pregnancy: 22 | |
368 | 361 | ||
369 | - | In Part II of this subtitle, [the word “physician”] “QUALIFIED PROVIDER ” means 26 | |
370 | - | [any person, including a doctor of osteopathy,] AN INDIVIDUAL: 27 | |
362 | + | (1) Before the fetus is viable; or 23 | |
371 | 363 | ||
372 | - | (1) WHO IS licensed, CERTIFIED, OR OTHERWISE AUTHORI ZED BY LAW 28 | |
373 | - | to practice [medicine] in the State [of Maryland in compliance with the provisions of Title 29 | |
374 | - | 14 of the Health Occupations Article]; AND 30 | |
364 | + | (2) At any time during the woman’s pregnancy, if: 24 | |
365 | + | ||
366 | + | (i) The termination procedure is necessary to protect the life or 25 | |
367 | + | health of the woman; or 26 | |
368 | + | ||
369 | + | (ii) The fetus is affected by genetic defect or serious deformity or 27 | |
370 | + | abnormality. 28 | |
371 | + | ||
372 | + | (c) The Department may adopt regulations that: 29 | |
375 | 373 | SENATE BILL 890 9 | |
376 | 374 | ||
377 | 375 | ||
378 | - | ( | |
379 | - | ||
376 | + | (1) Are both necessary and the least intrusive method to protect the life or 1 | |
377 | + | health of the woman; and 2 | |
380 | 378 | ||
381 | - | ||
379 | + | (2) Are not inconsistent with established [medical] CLINICAL practice. 3 | |
382 | 380 | ||
383 | - | An abortion must be performed by a [licensed physician] QUALIFIED PROVIDER . 4 | |
381 | + | (d) The [physician] QUALIFIED PROVIDER is not liable for civil damages or 4 | |
382 | + | subject to a criminal penalty for a decision to perform an abortion under this section made 5 | |
383 | + | in good faith and in the [physician’s] QUALIFIED PROVIDER ’S best [medical] CLINICAL 6 | |
384 | + | judgment in accordance with accepted standards of [medical] CLINICAL practice. 7 | |
384 | 385 | ||
385 | - | ||
386 | + | Article – Insurance 8 | |
386 | 387 | ||
387 | - | (a) In this section, “viable” means that stage when, in the best [medical] 6 | |
388 | - | CLINICAL judgment of the [attending physician] QUALIFIED PROVIDER based on the 7 | |
389 | - | particular facts of the case before the [physician] QUALIFIED PROVIDER , there is a 8 | |
390 | - | reasonable likelihood of the fetus’s sustained survival outside the womb. 9 | |
388 | + | 15–857. 9 | |
391 | 389 | ||
392 | - | (b) Except as otherwise provided in this subtitle, the State may not interfere with 10 | |
393 | - | the decision of a woman to terminate a pregnancy: 11 | |
390 | + | (A) (1) THIS SECTION APPLIES TO: 10 | |
394 | 391 | ||
395 | - | (1) Before the fetus is viable; or 12 | |
392 | + | (I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 11 | |
393 | + | PROVIDE LABOR AND DE LIVERY COVERAGE TO I NDIVIDUALS OR GROUPS ON AN 12 | |
394 | + | EXPENSE–INCURRED BASIS UNDER HEALTH INSURANCE POLICI ES OR CONTRACTS 13 | |
395 | + | THAT ARE ISSUED OR D ELIVERED IN THE STATE; AND 14 | |
396 | 396 | ||
397 | - | (2) At any time during the woman’s pregnancy, if: 13 | |
397 | + | (II) HEALTH MAINTENANCE O RGANIZATIONS THAT PR OVIDE 15 | |
398 | + | LABOR AND DELIVERY C OVERAGE TO INDIVIDUA LS OR GROUPS UNDER C ONTRACTS 16 | |
399 | + | THAT ARE ISSUED OR D ELIVERED IN THE STATE. 17 | |
398 | 400 | ||
399 | - | (i) The termination procedure is necessary to protect the life or 14 | |
400 | - | health of the woman; or 15 | |
401 | + | (2) THIS SECTION DOES NOT APPLY TO: 18 | |
401 | 402 | ||
402 | - | ( | |
403 | - | ||
403 | + | (I) AN ORGANIZATION THAT IS EXEMPT FROM COVER AGE AS 19 | |
404 | + | ALLOWED UNDER § 15–826 OF THIS SUBTITLE ; 20 | |
404 | 405 | ||
405 | - | (c) The Department may adopt regulations that: 18 | |
406 | + | (II) A MULTISTATE PLAN TH AT DOES NOT PROVIDE COVERAGE 21 | |
407 | + | FOR ABORTIONS IN ACC ORDANCE WITH 42 U.S.C. § 18054(A)(6); OR 22 | |
406 | 408 | ||
407 | - | (1) Are both necessary and the least intrusive method to protect the life or 19 | |
408 | - | health of the woman; and 20 | |
409 | + | (III) A HIGH–DEDUCTIBLE PLAN AS D EFINED IN 26 U.S.C. § 23 | |
410 | + | 223(C)(2)(C) OF THE INTERNAL REVENUE CODE UNLESS THE COMMISSIONER 24 | |
411 | + | DETERMINES THAT ABOR TION CARE IS NOT EXC LUDED FROM THE SAFE HARBOR 25 | |
412 | + | PROVISIONS FOR PREVE NTIVE CARE UNDER § 223(C)(2)(C) OF THE INTERNAL 26 | |
413 | + | REVENUE CODE. 27 | |
409 | 414 | ||
410 | - | (2) Are not inconsistent with established [medical] CLINICAL practice. 21 | |
415 | + | (B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN ENTITY 28 | |
416 | + | SUBJECT TO THIS SECT ION SHALL: 29 | |
411 | 417 | ||
412 | - | (d) The [physician] QUALIFIED PROVIDER is not liable for civil damages or 22 | |
413 | - | subject to a criminal penalty for a decision to perform an abortion under this section made 23 | |
414 | - | in good faith and in the [physician’s] QUALIFIED PROVIDER ’S best [medical] CLINICAL 24 | |
415 | - | judgment in accordance with accepted standards of [medical] CLINICAL practice. 25 | |
416 | - | ||
417 | - | SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26 | |
418 | - | as follows: 27 | |
419 | - | ||
420 | - | Article – Insurance 28 | |
421 | - | ||
422 | - | 15–857. 29 | |
418 | + | (1) COVER ABORTION CARE SERVICES WITHOUT : 30 | |
423 | 419 | 10 SENATE BILL 890 | |
424 | 420 | ||
425 | 421 | ||
426 | - | (A) (1) THIS SECTION APPLIES TO: 1 | |
422 | + | (I) A DEDUCTIBLE , COINSURANCE , COPAYMENT , OR ANY 1 | |
423 | + | OTHER COST–SHARING REQUIREMENT ; AND 2 | |
427 | 424 | ||
428 | - | (I) INSURERS AND NONPROF IT HEALTH SERVICE PL ANS THAT 2 | |
429 | - | PROVIDE LABOR AND DE LIVERY COVERAGE TO I NDIVIDUALS OR GROUPS ON AN 3 | |
430 | - | EXPENSE–INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR CONTRACTS 4 | |
431 | - | THAT ARE ISSUED OR D ELIVERED IN THE STATE; AND 5 | |
425 | + | (II) RESTRICTIONS THAT AR E INCONSISTENT WITH THE 3 | |
426 | + | PROTECTED RIGHTS UND ER TITLE 20, SUBTITLE 2 OF THE HEALTH – GENERAL 4 | |
427 | + | ARTICLE; AND 5 | |
432 | 428 | ||
433 | - | (II) HEALTH MAINTENA NCE ORGANIZATIONS TH AT PROVIDE 6 | |
434 | - | LABOR AND DELIVERY C OVERAGE TO INDIVIDUA LS OR GROUPS UNDER C ONTRACTS 7 | |
435 | - | THAT ARE ISSUED OR D ELIVERED IN THE STATE. 8 | |
429 | + | (2) PROVIDE INFORMATION TO CONSUMERS ABOUT A BORTION CARE 6 | |
430 | + | COVERAGE USING THE T ERMINOLOGY “ABORTION CARE ” TO DESCRIBE COVERAG E. 7 | |
436 | 431 | ||
437 | - | (2) THIS SECTION DOES NOT APPLY TO: 9 | |
432 | + | (C) IF THE COMMISSIONER DETERMIN ES THAT ENFORCEMENT OF THIS 8 | |
433 | + | SECTION MAY AFFECT A DVERSELY THE ALLOCAT ION OF FEDERAL FUNDS TO THE 9 | |
434 | + | STATE, THE COMMISSIONER MAY GRAN T AN EXEMPTION TO TH E REQUIREMENTS OF 10 | |
435 | + | THIS SECTION TO THE MINIMUM EXTENT NECES SARY TO ENSUR E THE CONTINUED 11 | |
436 | + | RECEIPT OF FEDERAL F UNDS. 12 | |
438 | 437 | ||
439 | - | (I) AN ORGANIZATION THAT IS EXEMPT FROM COVER AGE AS 10 | |
440 | - | ALLOWED UNDER § 15–826 OF THIS SUBTITLE ; 11 | |
438 | + | 31–122. 13 | |
441 | 439 | ||
442 | - | ( | |
443 | - | ||
440 | + | (a) In this section, “Pilot Program” means the State–Based Young Adult Health 14 | |
441 | + | Insurance Subsidies Pilot Program. 15 | |
444 | 442 | ||
445 | - | (III) (II) A HIGH–DEDUCTIBLE PLAN AS D EFINED IN 26 U.S.C. 14 | |
446 | - | § 223(C)(2)(C) OF THE INTERNAL REVENUE CODE UNLESS THE COMMISSIONER 15 | |
447 | - | DETERMINES THAT ABOR TION CARE IS NOT EXC LUDED FROM THE SAFE HARBOR 16 | |
448 | - | PROVISIONS FOR PREVE NTIVE CARE UNDER § 223(C)(2)(C) OF THE INTERNAL 17 | |
449 | - | REVENUE CODE. 18 | |
443 | + | (b) The Exchange, in consultation with the Commissioner and as approved by the 16 | |
444 | + | Board, shall establish and implement a State–Based Young Adult Health Insurance 17 | |
445 | + | Subsidies Pilot Program to provide subsidies to young adults for the purchase of health 18 | |
446 | + | benefit plans in the individual health insurance market. 19 | |
450 | 447 | ||
451 | - | (3) AN ORGANIZATION THAT IS ELIGIBLE TO OBTAI N AN EXCLUSION 19 | |
452 | - | FROM THE COVERAGE RE QUIREMENTS UNDER § 15–826 OF THIS SUBTITLE MAY 20 | |
453 | - | OBTAIN FROM AN ENTIT Y SUBJECT TO THIS SE CTION AN EXCLUSION F ROM THE 21 | |
454 | - | COVERAGE AND NOTICE REQUIREMENTS OF THIS SECTION IF THE REQUI REMENTS 22 | |
455 | - | CONFLICT WITH THE OR GANIZATION’S BONA FIDE RELIGIOU S BELIEFS AND 23 | |
456 | - | PRACTICES. 24 | |
448 | + | (c) The Pilot Program required under this section shall be designed to: 20 | |
457 | 449 | ||
458 | - | ( | |
459 | - | ||
450 | + | (1) reduce the amount that young adults pay for health benefit plans in the 21 | |
451 | + | individual health insurance market; and 22 | |
460 | 452 | ||
461 | - | (1) COVER ABORTION CARE SERVICES WITHOUT : 27 | |
453 | + | (2) target young adults who are not directly impacted by the State 23 | |
454 | + | Reinsurance Program. 24 | |
462 | 455 | ||
463 | - | (I) A DEDUCTIBLE , COINSURANCE , COPAYMENT , OR ANY 28 | |
464 | - | OTHER COST–SHARING REQUIREMENT ; AND 29 | |
456 | + | (d) (1) For calendar years 2022 and 2023, the Exchange, in consultation with 25 | |
457 | + | the Commissioner and as approved by the Board, shall establish subsidy eligibility and 26 | |
458 | + | payment parameters for the Pilot Program. 27 | |
465 | 459 | ||
466 | - | (II) RESTRICTIONS THAT ARE INCONSISTEN T WITH THE 30 | |
467 | - | PROTECTED RIGHTS UND ER TITLE 20, SUBTITLE 2 OF THE HEALTH – GENERAL 31 | |
468 | - | ARTICLE; AND 32 | |
469 | - | SENATE BILL 890 11 | |
460 | + | (2) In determining the subsidy eligibility and payment parameters 28 | |
461 | + | required under paragraph (1) of this subsection, the Exchange shall consider: 29 | |
470 | 462 | ||
463 | + | (i) young adults at least 18 years old and under the age of 41 years; 30 | |
464 | + | and 31 | |
471 | 465 | ||
472 | - | (2) PROVIDE INFORMATION TO CONSUMERS ABOUT A BORTION CARE 1 | |
473 | - | COVERAGE USING THE T ERMINOLOGY “ABORTION CARE ” TO DESCRIBE COVERAGE . 2 | |
474 | - | ||
475 | - | (C) IF THE COMMISSIONER DETERMINE S THAT ENFORCEMENT O F THIS 3 | |
476 | - | SECTION MAY AFFECT A DVERSELY THE ALLOCAT ION OF FEDERAL FUNDS TO THE 4 | |
477 | - | STATE, THE COMMISSIONER MAY GRAN T AN EXEMPTION TO TH E REQUIREMENTS OF 5 | |
478 | - | THIS SECTION TO THE MINIMUM EXTENT NECES SARY TO ENSURE THE C ONTINUED 6 | |
479 | - | RECEIPT OF FEDERAL FUN DS. 7 | |
480 | - | ||
481 | - | 31–122. 8 | |
482 | - | ||
483 | - | (a) In this section, “Pilot Program” means the State–Based Young Adult Health 9 | |
484 | - | Insurance Subsidies Pilot Program. 10 | |
485 | - | ||
486 | - | (b) The Exchange, in consultation with the Commissioner and as approved by the 11 | |
487 | - | Board, shall establish and implement a State–Based Young Adult Health Insurance 12 | |
488 | - | Subsidies Pilot Program to provide subsidies to young adults for the purchase of health 13 | |
489 | - | benefit plans in the individual health insurance market. 14 | |
490 | - | ||
491 | - | (c) The Pilot Program required under this section shall be designed to: 15 | |
492 | - | ||
493 | - | (1) reduce the amount that young adults pay for health benefit plans in the 16 | |
494 | - | individual health insurance market; and 17 | |
495 | - | ||
496 | - | (2) target young adults who are not directly impacted by the State 18 | |
497 | - | Reinsurance Program. 19 | |
498 | - | ||
499 | - | (d) (1) For calendar years 2022 and 2023, the Exchange, in consultation with 20 | |
500 | - | the Commissioner and as approved by the Board, shall establish subsidy eligibility and 21 | |
501 | - | payment parameters for the Pilot Program. 22 | |
502 | - | ||
503 | - | (2) In determining the subsidy eligibility and payment parameters 23 | |
504 | - | required under paragraph (1) of this subsection, the Exchange shall consider: 24 | |
505 | - | ||
506 | - | (i) young adults at least 18 years old and under the age of 41 years; 25 | |
507 | - | and 26 | |
508 | - | ||
509 | - | (ii) income groups between 133% and 400% of the federal poverty 27 | |
510 | - | level. 28 | |
511 | - | ||
512 | - | (e) Subject to available funds, in each of fiscal years 2022 through 2024, the 29 | |
513 | - | Exchange may designate funds from the Fund to be used for the Pilot Program so that not 30 | |
514 | - | more than $20,000,000 in annual subsidies may be provided to young adults who meet the 31 | |
515 | - | subsidy eligibility and payment parameters established under subsection (d) of this section 32 | |
516 | - | in calendar years 2022 and 2023. 33 | |
517 | - | 12 SENATE BILL 890 | |
518 | - | ||
519 | - | ||
520 | - | (f) On or before January 1, 2022, the Exchange shall adopt regulations 1 | |
521 | - | implementing the provisions of this section. 2 | |
522 | - | ||
523 | - | (G) ON OR BEFORE JANUARY 1, 2023, THE EXCHANGE SHALL ADOPT 3 | |
524 | - | REGULATIONS TO PROVI DE A SUBSIDY TO COVE R 100% OF THE COST OF THE 4 | |
525 | - | PREMIUM FOR YOUNG AD ULTS WHO MEET HAVE A 0% EXPECTED CONTRIBUTIO N 5 | |
526 | - | UNDER THE SUBSIDY ELIGIBIL ITY PARAMETERS ESTAB LISHED UNDER SUBSECT ION 6 | |
527 | - | (D) OF THIS SECTION IN C ALENDAR YEAR 2023. 7 | |
528 | - | ||
529 | - | [(g)] (H) (1) The Exchange shall track on a monthly basis expenditures on 8 | |
530 | - | subsidies provided under the Pilot Program, including: 9 | |
531 | - | ||
532 | - | (i) the average number of young adults receiving subsidies under 10 | |
533 | - | the Pilot Program; and 11 | |
534 | - | ||
535 | - | (ii) the average subsidy amount received by young adults under the 12 | |
536 | - | Pilot Program. 13 | |
537 | - | ||
538 | - | (2) The Exchange shall track: 14 | |
539 | - | ||
540 | - | (I) the impact the Pilot Program has on rates in the individual 15 | |
541 | - | insurance market; AND 16 | |
542 | - | ||
543 | - | (II) THE IMPACT OF COVERI NG 100% OF THE COST OF 17 | |
544 | - | PREMIUMS FOR QUALIFI ED PARTICIPANTS ON E FFECTUATION RATES AN D 18 | |
545 | - | TERMINATION FOR NONP AYMENT RATES . 19 | |
546 | - | ||
547 | - | (3) The information tracked by the Exchange under paragraphs (1) and (2) 20 | |
548 | - | of this subsection shall be: 21 | |
549 | - | ||
550 | - | (i) posted on the website of the Exchange; and 22 | |
551 | - | ||
552 | - | (ii) included in the annual report required under § 31–119(d) of this 23 | |
553 | - | subtitle. 24 | |
554 | - | ||
555 | - | SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25 | |
556 | - | as follows: 26 | |
557 | - | ||
558 | - | Article – State Finance and Procurement 27 | |
559 | - | ||
560 | - | 6–226. 28 | |
561 | - | ||
562 | - | (a) (2) (i) Notwithstanding any other provision of law, and unless 29 | |
563 | - | inconsistent with a federal law, grant agreement, or other federal requirement or with the 30 | |
564 | - | terms of a gift or settlement agreement, net interest on all State money allocated by the 31 | |
565 | - | State Treasurer under this section to special funds or accounts, and otherwise entitled to 32 SENATE BILL 890 13 | |
566 | - | ||
567 | - | ||
568 | - | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1 | |
569 | - | Fund of the State. 2 | |
570 | - | ||
571 | - | (ii) The provisions of subparagraph (i) of this paragraph do not apply 3 | |
572 | - | to the following funds: 4 | |
573 | - | ||
574 | - | 144. the Health Equity Resource Community Reserve Fund; 5 | |
575 | - | [and] 6 | |
576 | - | ||
577 | - | 145. the Access to Counsel in Evictions Special Fund; AND 7 | |
578 | - | ||
579 | - | 146. THE ABORTION CARE CLINICAL TRAINING PROGRAM 8 | |
580 | - | FUND. 9 | |
581 | - | ||
582 | - | SECTION 2. 6. AND BE IT FURTHER ENACTE D, That: 10 | |
583 | - | ||
584 | - | (a) The Maryland Health Benefit Exchange, in consultation with the Maryland 11 | |
585 | - | Insurance Administration, shall convene a workgroup of interested stakeholders to make 12 | |
586 | - | recommendations to improve the transparency and accessibility of consumer information 13 | |
587 | - | about abortion care coverage for consideration for plan certification standards beginning in 14 | |
588 | - | plan year 2024. 15 | |
589 | - | ||
590 | - | (b) On or before January 1, 2023, the Maryland Health Benefit Exchange shall 16 | |
591 | - | report the recommendations made by the workgroup convened under subsection (a) of this 17 | |
592 | - | section to the Senate Finance Committee and the House Health and Government 18 | |
593 | - | Operations Committee, in accordance with § 2–1257 of the State Government Article. 19 | |
594 | - | ||
595 | - | SECTION 3. 7. AND BE IT FURTHER ENACTED, That: 20 | |
596 | - | ||
597 | - | (a) The Maryland Insurance Administration shall collect data from 21 | |
598 | - | State–regulated plans on receipts, disbursements, and ending balances for segregated 22 | |
599 | - | accounts established under § 1303(b)(2)(B) and (C) of the federal Patient Protection and 23 | |
600 | - | Affordable Care Act and 45 C.F.R. § 156.280. 24 | |
601 | - | ||
602 | - | (b) The Maryland Insurance Administration shall report to the Senate Finance 25 | |
603 | - | Committee and the House Health and Government Operations Committee, in accordance 26 | |
604 | - | with § 2–1257 of the State Government Article, as follows: 27 | |
605 | - | ||
606 | - | (1) on or before January 1, 2023, aggregate data collected for the period 28 | |
607 | - | from January 1, 2014, to December 31, 2021, both inclusive; 29 | |
608 | - | ||
609 | - | (2) on or before January 1, 2024, aggregate data collected for the period 30 | |
610 | - | from January 1, 2022, to December 31, 2022, both inclusive; 31 | |
611 | - | ||
612 | - | (3) on or before January 1, 2025, aggregate data collected for the period 32 | |
613 | - | from January 1, 2023, to December 31, 2023, both inclusive; and 33 | |
614 | - | 14 SENATE BILL 890 | |
615 | - | ||
616 | - | ||
617 | - | (4) on or before January 1, 2026, aggregate data collected for the period 1 | |
618 | - | from January 1, 2024, to December 31, 2024, both inclusive. 2 | |
619 | - | ||
620 | - | SECTION 4. 8. AND BE IT FURTHER ENACTED, That: 3 | |
621 | - | ||
622 | - | (a) The Maryland Health Benefit Exchange shall study extending the last dollar 4 | |
623 | - | coverage to other enrollees in addition to the enrollees receiving last dollar coverage 5 | |
624 | - | through the program established under § 31–122 of the Insurance Article. 6 | |
625 | - | ||
626 | - | (b) On or before January 1, 2023 2024, the Maryland Health Benefit Exchange 7 | |
627 | - | shall report, in accordance with § 2–1257 of the State Government Article, to the Senate 8 | |
628 | - | Finance Committee and the House Health and Government Operations Committee, on the 9 | |
629 | - | findings of the study required under subsection (a) of this section. 10 | |
630 | - | ||
631 | - | SECTION 9. AND BE IT FURTHER ENACTED, That Sections 2 and 4 of this Act 11 | |
632 | - | shall apply to all policies, contracts, and health benefit plans issued, delivered, or renewed 12 | |
633 | - | in the State on or after January 1, 2023. 13 | |
634 | - | ||
635 | - | SECTION 5. 10. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
636 | - | July 1, 2022. 15 | |
466 | + | (ii) income groups between 133% and 400% of the federal poverty 32 | |
467 | + | level. 33 SENATE BILL 890 11 | |
637 | 468 | ||
638 | 469 | ||
639 | 470 | ||
471 | + | (e) Subject to available funds, in each of fiscal years 2022 through 2024, the 1 | |
472 | + | Exchange may designate funds from the Fund to be used for the Pilot Program so that not 2 | |
473 | + | more than $20,000,000 in annual subsidies may be provided to young adults who meet the 3 | |
474 | + | subsidy eligibility and payment parameters established under subsection (d) of this section 4 | |
475 | + | in calendar years 2022 and 2023. 5 | |
476 | + | ||
477 | + | (f) On or before January 1, 2022, the Exchange shall adopt regulations 6 | |
478 | + | implementing the provisions of this section. 7 | |
479 | + | ||
480 | + | (G) ON OR BEFORE JANUARY 1, 2023, THE EXCHANGE SHALL ADOPT 8 | |
481 | + | REGULATIONS TO PROVI DE A SUBSIDY TO COVE R 100% OF THE COST OF THE 9 | |
482 | + | PREMIUM FOR YOUNG AD ULTS WHO MEET THE SU BSIDY ELIGIBILITY PA RAMETERS 10 | |
483 | + | ESTABLISHED UNDER SU BSECTION (D) OF THIS SECTION IN C ALENDAR YEAR 2023. 11 | |
484 | + | ||
485 | + | [(g)] (H) (1) The Exchange shall track on a monthly basis expenditures on 12 | |
486 | + | subsidies provided under the Pilot Program, including: 13 | |
487 | + | ||
488 | + | (i) the average number of young adults receiving subsidies under 14 | |
489 | + | the Pilot Program; and 15 | |
490 | + | ||
491 | + | (ii) the average subsidy amount received by young adults under the 16 | |
492 | + | Pilot Program. 17 | |
493 | + | ||
494 | + | (2) The Exchange shall track: 18 | |
495 | + | ||
496 | + | (I) the impact the Pilot Program has on rates in the individual 19 | |
497 | + | insurance market; AND 20 | |
498 | + | ||
499 | + | (II) THE IMPACT OF COVERI NG 100% OF THE COST OF 21 | |
500 | + | PREMIUMS FOR QUALIFI ED PARTICIPANTS ON E FFECTUATION RATES AND 22 | |
501 | + | TERMINATION FOR NONP AYMENT RATES . 23 | |
502 | + | ||
503 | + | (3) The information tracked by the Exchange under paragraphs (1) and (2) 24 | |
504 | + | of this subsection shall be: 25 | |
505 | + | ||
506 | + | (i) posted on the website of the Exchange; and 26 | |
507 | + | ||
508 | + | (ii) included in the annual report required under § 31–119(d) of this 27 | |
509 | + | subtitle. 28 | |
510 | + | ||
511 | + | Article – State Finance and Procurement 29 | |
512 | + | ||
513 | + | 6–226. 30 | |
514 | + | ||
515 | + | (a) (2) (i) Notwithstanding any other provision of law, and unless 31 12 SENATE BILL 890 | |
640 | 516 | ||
641 | 517 | ||
642 | - | Approved: | |
643 | - | ________________________________________________________________________________ | |
644 | - | Governor. | |
645 | - | ________________________________________________________________________________ | |
646 | - | President of the Senate. | |
647 | - | ________________________________________________________________________________ | |
648 | - | Speaker of the House of Delegates. | |
518 | + | inconsistent with a federal law, grant agreement, or other federal requirement or with the 1 | |
519 | + | terms of a gift or settlement agreement, net interest on all State money allocated by the 2 | |
520 | + | State Treasurer under this section to special funds or accounts, and otherwise entitled to 3 | |
521 | + | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 4 | |
522 | + | Fund of the State. 5 | |
523 | + | ||
524 | + | (ii) The provisions of subparagraph (i) of this paragraph do not apply 6 | |
525 | + | to the following funds: 7 | |
526 | + | ||
527 | + | 144. the Health Equity Resource Community Reserve Fund; 8 | |
528 | + | [and] 9 | |
529 | + | ||
530 | + | 145. the Access to Counsel in Evictions Special Fund; AND 10 | |
531 | + | ||
532 | + | 146. THE ABORTION CARE CLINICAL TRAINING PROGRAM 11 | |
533 | + | FUND. 12 | |
534 | + | ||
535 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 13 | |
536 | + | ||
537 | + | (a) The Maryland Health Benefit Exchange, in consultation with the Maryland 14 | |
538 | + | Insurance Administration, shall convene a workgroup of interested stakeholders to make 15 | |
539 | + | recommendations to improve the transparency and accessibility of consumer information 16 | |
540 | + | about abortion care coverage for consideration for plan certification standards beginning in 17 | |
541 | + | plan year 2024. 18 | |
542 | + | ||
543 | + | (b) On or before January 1, 2023, the Maryland Health Benefit Exchange shall 19 | |
544 | + | report the recommendations made by the workgroup convened under subsection (a) of this 20 | |
545 | + | section to the Senate Finance Committee and the House Health and Government 21 | |
546 | + | Operations Committee, in accordance with § 2–1257 of the State Government Article. 22 | |
547 | + | ||
548 | + | SECTION 3. AND BE IT FURTHER ENACTED, That: 23 | |
549 | + | ||
550 | + | (a) The Maryland Insurance Administration shall collect data from 24 | |
551 | + | State–regulated plans on receipts, disbursements, and ending balances for segregated 25 | |
552 | + | accounts established under § 1303(b)(2)(B) and (C) of the federal Patient Protection and 26 | |
553 | + | Affordable Care Act and 45 C.F.R. § 156.280. 27 | |
554 | + | ||
555 | + | (b) The Maryland Insurance Administration shall report to the Senate Finance 28 | |
556 | + | Committee and the House Health and Government Operations Committee, in accordance 29 | |
557 | + | with § 2–1257 of the State Government Article, as follows: 30 | |
558 | + | ||
559 | + | (1) on or before January 1, 2023, aggregate data collected for the period 31 | |
560 | + | from January 1, 2014, to December 31, 2021, both inclusive; 32 | |
561 | + | ||
562 | + | (2) on or before January 1, 2024, aggregate data collected for the period 33 | |
563 | + | from January 1, 2022, to December 31, 2022, both inclusive; 34 | |
564 | + | SENATE BILL 890 13 | |
565 | + | ||
566 | + | ||
567 | + | (3) on or before January 1, 2025, aggregate data collected for the period 1 | |
568 | + | from January 1, 2023, to December 31, 2023, both inclusive; and 2 | |
569 | + | ||
570 | + | (4) on or before January 1, 2026, aggregate data collected for the period 3 | |
571 | + | from January 1, 2024, to December 31, 2024, both inclusive. 4 | |
572 | + | ||
573 | + | SECTION 4. AND BE IT FURTHER ENACTED, That: 5 | |
574 | + | ||
575 | + | (a) The Maryland Health Benefit Exchange shall study extending the last dollar 6 | |
576 | + | coverage to other enrollees in addition to the enrollees receiving last dollar coverage 7 | |
577 | + | through the program established under § 31–122 of the Insurance Article. 8 | |
578 | + | ||
579 | + | (b) On or before January 1, 2023, the Maryland Health Benefit Exchange shall 9 | |
580 | + | report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance 10 | |
581 | + | Committee and the House Health and Government Operations Committee, on the findings 11 | |
582 | + | of the study required under subsection (a) of this section. 12 | |
583 | + | ||
584 | + | SECTION 5. AND BE IT FURTHER ENACTED, That this Act shal l take effect July 13 | |
585 | + | 1, 2022. 14 | |
586 | + |