Maryland 2024 Regular Session

Maryland House Bill HB1283 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1283
6	6
7	7	HOUSE BILL 1283
8	8	J5, C4, J4 4lr1854
9	9
10	10	By: Delegates Martinez, Acevero, Bagnall, Cullison, Fair, Fennell, Foley, Kaiser,
11	11	R. Lewis, Roberts, Taylor, and Vogel
12	12	Introduced and read first time: February 9, 2024
13	13	Assigned to: Economic Matters
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Insurance – Discrimination – Sexual Orientation and Gender Identity 2
20	20
21	21	FOR the purpose of prohibiting discrimination based on an individual’s sexual orientation 3
22	22	or gender identity by an insurer, an insurance producer, a surety insurer, and a 4
23	23	health network when engaging in certain insurance–related business practices; and 5
24	24	generally relating to discrimination based on sexual orientation and gender identity 6
25	25	and insurance. 7
26	26
27	27	BY repealing and reenacting, without amendments, 8
28	28	Article – Insurance 9
29	29	Section 15–1A–22 10
30	30	Annotated Code of Maryland 11
31	31	(2017 Replacement Volume and 2023 Supplement) 12
32	32
33	33	BY repealing and reenacting, with amendments, 13
34	34	Article – Insurance 14
35	35	Section 27–501(a)(1) and (b), 27–502(a), (b), and (e), 27–503(d), and 27–910(b) 15
36	36	Annotated Code of Maryland 16
37	37	(2017 Replacement Volume and 2023 Supplement) 17
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
40	40	That the Laws of Maryland read as follows: 19
41	41
42	42	Article – Insurance 20
43	43
44	44	15–1A–22. 21
45	45
46	46	(a) (1) In this section the following words have the meanings indicated. 22
47	47
48	48	(2) “Gender identity” has the meaning stated in § 20–101 of the State 23 2 HOUSE BILL 1283
49	49
50	50
51	51	Government Article. 1
52	52
53	53	(3) “Sexual orientation” has the meaning stated in § 20–101 of the State 2
54	54	Government Article. 3
55	55
56	56	(b) This section does not prohibit a carrier from refusing, withholding, or denying 4
57	57	coverage under a health benefit plan to any individual for failure to conform to the usual 5
58	58	and regular requirements, standards, and regulations of the carrier, unless the denial is 6
59	59	based on discrimination on the grounds of race, sex, color, creed, national origin, marital 7
60	60	status, sexual orientation, age, gender identity, or disability. 8
61	61
62	62	(c) This section does not apply to limitations or restrictions related to age or 9
63	63	marital status that are specifically authorized or required under this article to limit or 10
64	64	restrict eligibility for insurance coverage or benefits. 11
65	65
66	66	(d) A carrier may not refuse, withhold, or deny any individual coverage under a 12
67	67	health benefit plan offered by the carrier or otherwise discriminate against any individual 13
68	68	because of the individual’s race, sex, creed, color, national origin, marital status, sexual 14
69	69	orientation, age, gender identity, or disability. 15
70	70
71	71	(e) The Commission on Civil Rights shall enforce the provisions of this section as 16
72	72	provided for in § 2–202 of this article. 17
73	73
74	74	27–501. 18
75	75
76	76	(a) (1) An insurer or insurance producer may not cancel or refuse to 19
77	77	underwrite or renew a particular insurance risk or class of risk for a reason based wholly 20
78	78	or partly on race, color, creed, sex, SEXUAL ORIENTATION , GENDER IDENTITY , or 21
79	79	blindness of an applicant or policyholder or for any arbitrary, capricious, or unfairly 22
80	80	discriminatory reason. 23
81	81
82	82	(b) (1) An insurer may not require special conditions, facts, or situations as a 24
83	83	condition to its acceptance or renewal of a particular insurance risk or class of risks in an 25
84	84	arbitrary, capricious, unfair, or discriminatory manner based wholly or partly on race, 26
85	85	creed, color, sex, SEXUAL ORIENTATION , GENDER IDENTITY , religion, national origin, 27
86	86	place of residency, blindness, or other physical handicap or disability. 28
87	87
88	88	(2) Actuarial justification may be considered with respect to sex. 29
89	89
90	90	27–502. 30
91	91
92	92	(a) A surety insurer may not cancel or refuse to issue or renew a surety bond for 31
93	93	a reason based wholly or partly on race, color, creed, sex, SEXUAL ORIENTATION , GENDER 32
94	94	IDENTITY, or physical handicap or disability of an applicant or principal or for any other 33
95	95	arbitrary, capricious, or unfairly discriminatory reason. 34
96	96
97	97	(b) A surety insurer may not require special conditions, facts, or situations as a 35 HOUSE BILL 1283 3
98	98
99	99
100	100	condition to its acceptance or renewal of a particular surety risk in an arbitrary, capricious, 1
101	101	unfair, or discriminatory manner based wholly or partly on race, creed, color, sex, SEXUAL 2
102	102	ORIENTATION , GENDER IDENTITY , religion, national origin, place of residence, or 3
103	103	physical handicap or disability. 4
104	104
105	105	(e) (1) A person aggrieved under this section shall notify the Commissioner in 5
106	106	writing within 30 days after the occurrence giving rise to the complaint and shall state the 6
107	107	facts giving rise to the complaint. 7
108	108
109	109	(2) On receipt of a complaint, the Commissioner shall forward a copy of the 8
110	110	complaint to the surety insurer. 9
111	111
112	112	(3) If the Commissioner finds that the complaint is without merit, the 10
113	113	Commissioner shall dismiss the complaint without a hearing and shall notify the surety 11
114	114	insurer and complainant promptly in writing. 12
115	115
116	116	(4) If the complaint is not dismissed without a hearing, the Commissioner 13
117	117	shall: 14
118	118
119	119	(i) hold a hearing on the complaint within 30 days after receipt of 15
120	120	the complaint; and 16
121	121
122	122	(ii) give written notice of the time and place of the hearing to all 17
123	123	parties at least 10 days before the hearing. 18
124	124
125	125	(5) At a hearing to determine whether this section has been violated, the 19
126	126	burden of persuasion is on the surety insurer to show that the cancellation or refusal to 20
127	127	underwrite or renew is not based wholly or partly on race, color, creed, sex, SEXUAL 21
128	128	ORIENTATION , GENDER IDENTITY, or physical handicap or disability of an applicant or 22
129	129	principal or for any unfairly discriminatory reason. 23
130	130
131	131	(6) If, after the hearing, the Commissioner finds that the surety insurer 24
132	132	has violated this section, the Commissioner may issue an appropriate order that: 25
133	133
134	134	(i) states the manner in which the surety insurer has violated this 26
135	135	section; 27
136	136
137	137	(ii) provides relief under subsection (g) or (h) of this section; and 28
138	138
139	139	(iii) states when, within a reasonable period but not less than 10 days 29
140	140	after the hearing, the order shall be effective. 30
141	141
142	142	27–503. 31
143	143
144	144	(d) Notwithstanding any other provision of this section, an insurer may not cancel 32
145	145	or amend a written agreement with an insurance producer or refuse to accept business from 33
146	146	the insurance producer if the cancellation, amendment, or refusal is arbitrary, capricious, 34 4 HOUSE BILL 1283
147	147
148	148
149	149	unfair, or discriminatory or is based wholly or partly on the race, creed, color, sex, SEXUAL 1
150	150	ORIENTATION , GENDER IDENTITY , religion, national origin, or place of residency of the 2
151	151	insurance producer or the applicants or policyholders of the insurance producer. 3
152	152
153	153	27–910. 4
154	154
155	155	(b) A health network may not deny health care services to an enrollee on the basis 5
156	156	of gender, SEXUAL ORIENTATION , GENDER IDENTITY , race, age, religion, national origin, 6
157	157	or a protected category under the Americans with Disabilities Act. 7
158	158
159	159	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
160	160	October 1, 2024. 9