Maryland 2022 Regular Session

Maryland Senate Bill SB890 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0890*
96
107 SENATE BILL 890
118 J1, J2, J5 2lr1202
12- CF HB 937
9+ CF 2lr0314
1310 By: Senators Kelley, Feldman, and Hettleman
1411 Introduced and read first time: February 7, 2022
1512 Assigned to: Finance and Budget and Taxation
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 14, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Abortion Care Access Act 2
2519
2620 FOR the purpose of establishing the Abortion Clinical Care Training Program in the 3
2721 Maryland Department of Health; establishing the Abortion Care Clinical Training 4
2822 Program Fund; requiring interest earnings of the Fund to be credited to the Fund; 5
2923 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
4849
4950
50-relating to abortion care and coverage of health care services under the Maryland 1
51-Medical Assistance Program and health benefit plans. 2
51+ Annotated Code of Maryland 1
52+ (2019 Replacement Volume and 2021 Supplement) 2
5253
5354 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
5959
60-BY repealing and reenacting, without amendments, 9
61- Article – Health – General 10
62-Section 15103(a)(1) 11
63- Annotated Code of Maryland 12
64- (2019 Replacement Volume and 2021 Supplement) 13
60+BY repealing and reenacting, with amendments, 8
61+ Article – Insurance 9
62+Section 31122 10
63+ Annotated Code of Maryland 11
64+ (2017 Replacement Volume and 2021 Supplement) 12
6565
66-BY repealing and reenacting, with amendments, 14
67- Article – Health – General 15
68-Section 15103(a)(2)(xvi) and (xvii), 20–103, and 20–207 through 20–209 16
69- Annotated Code of Maryland 17
70- (2019 Replacement Volume and 2021 Supplement) 18
66+BY repealing and reenacting, without amendments, 13
67+ Article – State Finance and Procurement 14
68+Section 6226(a)(2)(i) 15
69+ Annotated Code of Maryland 16
70+ (2021 Replacement Volume) 17
7171
72-BY adding to 19
73- Article – Insurance 20
74-Section 15857 21
75- Annotated Code of Maryland 22
76- (2017 Replacement Volume and 2021 Supplement) 23
72+BY repealing and reenacting, with amendments, 18
73+ Article – State Finance and Procurement 19
74+Section 6226(a)(2)(ii)144. and 145. 20
75+ Annotated Code of Maryland 21
76+ (2021 Replacement Volume) 22
7777
78-BY repealing and reenacting, with amendments, 24
79- Article – Insurance 25
80-Section 31122 26
81- Annotated Code of Maryland 27
82- (2017 Replacement Volume and 2021 Supplement) 28
78+BY adding to 23
79+ Article – State Finance and Procurement 24
80+Section 6226(a)(2)(ii)146. 25
81+ Annotated Code of Maryland 26
82+ (2021 Replacement Volume) 27
8383
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
8986
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
9588
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
9797
9898
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
103100
104- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
105-That the Laws of Maryland read as follows: 6
101+ (C) “PROGRAM” MEANS THE ABORTION CARE CLINICAL TRAINING 2
102+PROGRAM. 3
106103
107-Article – Health – General 7
104+13–4402. 4
108105
109-SUBTITLE 44. ABORTION CARE CLINICAL TRAINING PROGRAM. 8
106+ THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM IN THE 5
107+DEPARTMENT . 6
110108
111-13–4401. 9
109+13–4403. 7
112110
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
115114
116- (B) “FUND” MEANS THE ABORTION CARE CLINICAL TRAINING PROGRAM 12
117-FUND. 13
115+13–4404. 11
118116
119- (C) “PROGRAM” MEANS THE ABORTION CARE CLINICAL TRAINING 14
120-PROGRAM. 15
117+ (A) (1) THE DEPARTMENT SH ALL CONTRACT WITH A COORDINATING 12
118+ORGANIZATION TO ADMI NISTER THE PROGRAM. 13
121119
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
123123
124- THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM IN THE 17
125-DEPARTMENT . 18
124+ (B) THE COORDINATING ORGANIZ ATION SHALL: 17
126125
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
128129
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
132131
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
134134
135- (A) (1) THE DEPARTMENT SHALL CONT RACT WITH A COORDINA TING 24
136-ORGANIZATION TO ADMI NISTER THE PROGRAM. 25
135+ (4) SUBMIT AN ANNUAL REPO RT TO THE DEPARTMENT ON THE 24
136+PERFORMANCE OF THE PROGRAM; 25
137137
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
143141 4 SENATE BILL 890
144142
145143
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
149145
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
151149
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
154151
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
157153
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
161155
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
163159
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
167162
168- (II) ADMINISTER GRANTS IF FUNDING IS AVAILABLE TO: 16
163+ A. ARE CONSISTENT WITH E VIDENCE–BASED TRAINING 13
164+STANDARDS; AND 14
169165
170- 1. OTHER COMMUNITY –BASED SITES; 17
166+ B. COMPLY WITH ANY APPLI CABLE STATE LAW AND 15
167+REGULATIONS ; 16
171168
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
173172
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
177175
178- 4. ESTABLISH TRAINING PR OGRAM REQUIREMENTS 22
179-THAT: 23
176+ 2. INCREASE THE RACIAL A ND ETHNIC DIVERSITY 22
177+AMONG HEALTH CARE PR OFESSIONALS WITH ABORTION CAR E TRAINING; AND 23
180178
181- A. ARE CONSISTENT WITH EVIDENCE –BASED TRAINING 24
182-STANDARDS; AND 25
179+ (IV) SUPPORT THE IDENTIFIC ATION, SCREENING, AND 24
180+PLACEMENT OF QUALIFI ED PROVIDERS AT TRAI NING SITES. 25
183181
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
189186 SENATE BILL 890 5
190187
191188
192- (III) SUPPORT ABORTION CARE CLINICAL TRAINING TO 1
193-QUALIFIED PROVIDERS AS DEFINED IN § 20–103 OF THIS ARTICLE AND TO THE 2
194-CLINICAL CARE TEAMS OF THE QUALIFIED PRO VIDERS TO: 3
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
195192
196- 1. EXPAND THE NUMBER OF HEALTH CARE 4
197-PROFESSIONALS WITH A BORTION CARE TRAININ G; AND 5
193+13–4405. 4
198194
199- 2. INCREASE THE RACIAL A ND ETHNIC DIVERSITY 6
200-AMONG HEALTH CARE PR OFESSIONALS WITH ABO RTION CARE TRAINING ; AND 7
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
201197
202- (IV) SUPPORT THE IDENTIFIC ATION, SCREENING, AND 8
203-PLACEMENT OF QUALIFI ED PROVIDERS AT TRAI NING SITES. 9
198+13–4406. 7
204199
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
209201
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
213203
214-13–4405. 17
204+ (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 10
215205
216- FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL 18
217-BUDGET BILL AN APPRO PRIATION OF $3,500,000 TO THE PROGRAM. 19
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
218208
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
220211
221- (A) THERE IS AN ABORTION CARE CLINICAL TRAINING PROGRAM FUND. 21
212+ (F) THE FUND CONSISTS OF : 15
222213
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
224216
225- (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 23
217+ (2) INTEREST EARNINGS ; AND 18
226218
227- (D) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 24
228-§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
219+ (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 19
220+THE BENEFIT OF THE FUND. 20
229221
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
232223
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
235232
236233
237- (1) ANY MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 1
238-FUND; 2
234+DIRECTED BY THE SECRETARY. 1
239235
240- (2) INTEREST EARNINGS ; AND 3
236+ (J) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 2
241237
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
244239
245- (G) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 6
240+ (2) ANY OTHER SPECIAL FUND OF TH E STATE. 4
246241
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
250244
251- (2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID INTO 10
252-THE FUND. 11
245+13–4407. 7
253246
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
256250
257- (J) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 14
251+15–103. 11
258252
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
260255
261- (2) ANY OTHER SPECIAL FUN D OF THE STATE. 16
256+ (2) The Program: 14
262257
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
265266
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
267271
268- ON OR BEFORE JULY 1 EACH YEAR, THE DEPARTMENT SHALL SUBM IT AN 20
269-ANNUAL REPORT ON THE PROGRAM TO THE GOVERNOR AND , IN ACCORDANCE WITH 21
270-§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 22
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
271275
272- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
273-as follows: 24
276+20–103. 30
274277
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
282279
283280
284- (2) The Program: 1
281+PRACTITIONER , NURSE–MIDWIFE, LICENSED CERTIFIED M IDWIFE, PHYSICIAN 1
282+ASSISTANT, OR ANY OTHER INDIV IDUAL: 2
285283
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
294286
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
299289
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
303294
304- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
305-as follows: 18
295+ [(b)] (C) The [physician] QUALIFIED PROVIDER may perform the abortion 11
296+without notice to a parent or guardian if: 12
306297
307-Article – Health – General 19
298+ (1) The minor does not live with a parent or guardian; and 13
308299
309-20–103. 20
300+ (2) A reasonable effort to give notice to a parent or guardian is 14
301+unsuccessful. 15
310302
311- (A) IN THIS SECTION, QUALIFIED PROVIDER ” MEANS A PHYSICIAN , NURSE 21
312-PRACTITIONER , NURSE–MIDWIFE, LICENSED CERTIFIED M IDWIFE, PHYSICIAN 22
313-ASSISTANT, OR ANY OTHER INDIVID UAL: 23
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
314306
315- (1) WHO IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY 24
316-LAW TO PRACTICE IN T HE STATE; AND 25
307+ (i) Notice to the parent or guardian may lead to physical or 19
308+emotional abuse of the minor; 20
317309
318- (2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 26
319-SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 27
310+ (ii) The minor is mature and capable of giving informed consent to 21
311+an abortion; or 22
320312
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
325314
326- [(b)] (C) The [physician] QUALIFIED PROVIDER may perform the abortion 32
327-without notice to a parent or guardian if: 33
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
328317
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
330326
331327
332328
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
335332
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
339335
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
342337
343- (ii) The minor is mature and capable of giving informed consent to 8
344-an abortion; or 9
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
345340
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
347344
348- (2) The [physician] QUALIFIED PROVIDER is not liable for civil damages 11
349-or subject to a criminal penalty for a decision under this subsection not to give notice. 12
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
350347
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
353349
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
359351
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
363353
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
366358
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
368361
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
371363
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
375373 SENATE BILL 890 9
376374
377375
378- (2) FOR WHOM THE PERFORMA NCE OF AN ABORTION I S WITHIN THE 1
379-SCOPE OF THE INDIVID UAL’S LICENSE OR CERTIFI CATION. 2
376+ (1) Are both necessary and the least intrusive method to protect the life or 1
377+health of the woman; and 2
380378
381-20–208. 3
379+ (2) Are not inconsistent with established [medical] CLINICAL practice. 3
382380
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
384385
385-20209. 5
386+Article Insurance 8
386387
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
391389
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
394391
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
396396
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
398400
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
401402
402- (ii) The fetus is affected by genetic defect or serious deformity or 16
403-abnormality. 17
403+ (I) AN ORGANIZATION THAT IS EXEMPT FROM COVER AGE AS 19
404+ALLOWED UNDER § 15–826 OF THIS SUBTITLE ; 20
404405
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
406408
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
409414
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
411417
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
423419 10 SENATE BILL 890
424420
425421
426- (A) (1) THIS SECTION APPLIES TO: 1
422+ (I) A DEDUCTIBLE , COINSURANCE , COPAYMENT , OR ANY 1
423+OTHER COST–SHARING REQUIREMENT ; AND 2
427424
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
432428
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
436431
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
438437
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
441439
442- (II) A MULTISTATE PLAN TH AT DOES NOT PROVIDE COVERAGE 12
443-FOR ABORTIONS IN ACC ORDANCE WITH 42 U.S.C. § 18054(A)(6); OR 13
440+ (a) In this section, “Pilot Program” means the State–Based Young Adult Health 14
441+Insurance Subsidies Pilot Program. 15
444442
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
450447
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
457449
458- (B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN ENTITY 25
459-SUBJECT TO THIS SECT ION SHALL: 26
450+ (1) reduce the amount that young adults pay for health benefit plans in the 21
451+individual health insurance market; and 22
460452
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
462455
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
465459
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
470462
463+ (i) young adults at least 18 years old and under the age of 41 years; 30
464+and 31
471465
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
637468
638469
639470
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
640516
641517
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+