MD
Maryland House Bill HB1412

Maryland 2024 Regular Session

Maryland House Bill HB1412 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1412*
66
77 HOUSE BILL 1412
88 J1, J5, J4 4lr2811
99 CF SB 947
1010 By: Delegate Lopez
1111 Introduced and read first time: February 9, 2024
1212 Assigned to: Health and Government Operations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Abortion Care Access Grant Program and Fund – Establishment 2
1919
2020 FOR the purpose of establishing the Abortion Care Access Grant Program to provide grants 3
2121 to improve access to abortion care services for individuals in the State; establishing 4
2222 the Abortion Care Access Grant Program Fund as a special, nonlapsing fund to 5
2323 provide grants under the Program; requiring that certain premium funds collected 6
2424 by health insurance carriers be used to provide certain coverage and to support 7
2525 improving access to abortion care services under certain circumstances; and 8
2626 generally relating to the Abortion Care Access Grant Program and Fund. 9
2727
2828 BY adding to 10
2929 Article – Insurance 11
3030 Section 15–147 12
3131 Annotated Code of Maryland 13
3232 (2017 Replacement Volume and 2023 Supplement) 14
3333
3434 BY adding to 15
3535 Article – Health – General 16
3636 Section 13–5201 through 13–5204 to be under the new subtitle “Subtitle 52. Abortion 17
3737 Care Access Grant Program” 18
3838 Annotated Code of Maryland 19
3939 (2023 Replacement Volume) 20
4040
4141 BY repealing and reenacting, without amendments, 21
4242 Article – State Finance and Procurement 22
4343 Section 6–226(a)(2)(i) 23
4444 Annotated Code of Maryland 24
4545 (2021 Replacement Volume and 2023 Supplement) 25
4646
4747 BY repealing and reenacting, with amendments, 26
4848 Article – State Finance and Procurement 27 2 HOUSE BILL 1412
4949
5050
5151 Section 6–226(a)(2)(ii)189. and 190. 1
5252 Annotated Code of Maryland 2
5353 (2021 Replacement Volume and 2023 Supplement) 3
5454
5555 BY adding to 4
5656 Article – State Finance and Procurement 5
5757 Section 6–226(a)(2)(ii)191. 6
5858 Annotated Code of Maryland 7
5959 (2021 Replacement Volume and 2023 Supplement) 8
6060
6161 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
6262 That the Laws of Maryland read as follows: 10
6363
6464 Article – Insurance 11
6565
6666 15–147. 12
6767
6868 (A) THIS SECTION APPLIES TO: 13
6969
7070 (1) INSURERS AND NONPROFI T HEALTH SERVICE PLANS THAT 14
7171 PROVIDE HOSPITAL , MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS 15
7272 ON AN EXPENSE –INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR 16
7373 CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE; AND 17
7474
7575 (2) HEALTH MAINTENANCE OR GANIZATIONS THAT PROVIDE 18
7676 HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS UNDER 19
7777 CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE. 20
7878
7979 (B) ANY PREMIUM FUNDS COLLEC TED BY AN ENTITY SUBJECT TO THIS 21
8080 SECTION FOR ABORTION COVERAG E IN ACCORDANCE WITH § 1303(B)(2)(B) AND (C) 22
8181 OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT SHALL: 23
8282
8383 (1) BE USED TO PROVIDE COVERAGE FOR ABORTION CARE SERVICES 24
8484 FOR INSUREDS OR ENROLLEE S IN ACCORDANCE WITH § 15–857 OF THIS TITLE; AND 25
8585
8686 (2) IF THE AMOUNT OF THE ENDING BALANCE OF THE SE GREGATED 26
8787 ACCOUNT ESTABLISHED FOR COVE RAGE OF ABORTION CARE SERVICES EXCEEDS 27
8888 DISBURSEMENTS BY MOR E THAN 10% AFTER THE 12–MONTH PERIOD FOLLOWING 28
8989 THE END OF A PLAN YE AR, BE USED TO SUPPORT IMPROVING ACCESS TO ABORTION 29
9090 CARE SERVICES IN THE STATE. 30
9191
9292 (C) ON OR BEFORE MARCH 1 EACH YEAR, AN ENTITY SUBJECT TO THIS 31
9393 SECTION SHALL SUBMIT TO THE COMMISSIONER AN ACCOUNTING OF RECEIPTS, 32
9494 DISBURSEMENTS , AND THE YEAR–END BALANCE FOR SEGREGAT ED ACCOUNTS 33 HOUSE BILL 1412 3
9595
9696
9797 ESTABLISHED BY THE ENTITY UNDER § 1303(B)(2)(B) AND (C) OF THE FEDERAL 1
9898 PATIENT PROTECTION AND AFFORDABLE CARE ACT: 2
9999
100100 (1) ON A FORM APPROVED BY THE COMMISSIONER ; AND 3
101101
102102 (2) WITH ANY RELATED DOCUMENT ATION REQUIRED BY TH E 4
103103 COMMISSIONER . 5
104104
105105 Article – Health – General 6
106106
107107 SUBTITLE 52. ABORTION CARE ACCESS GRANT PROGRAM. 7
108108
109109 13–5201. 8
110110
111111 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
112112 INDICATED. 10
113113
114114 (B) “FUND” MEANS THE ABORTION CARE ACCESS GRANT PROGRAM FUND. 11
115115
116116 (C) “PROGRAM” MEANS THE ABORTION CARE ACCESS GRANT PROGRAM. 12
117117
118118 13–5202. 13
119119
120120 (A) THERE IS AN ABORTION CARE ACCESS GRANT PROGRAM. 14
121121
122122 (B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE GRANTS TO IMPROVE 15
123123 ACCESS TO ABORTION CARE SERVICES FOR INDIVID UALS IN THE STATE. 16
124124
125125 (C) (1) THE SECRETARY SHALL PROVI DE OPERATING AND CAP ITAL 17
126126 GRANTS TO ABORTION CARE PROVIDERS TO PROTECT THE SECURITY OF THEI R 18
127127 PATIENTS, STAFF, AND VOLUNTEERS . 19
128128
129129 (2) GRANT FUNDS UNDER THE PROGRAM MAY BE USED FOR : 20
130130
131131 (I) COLLABORATION WITH FE DERAL, STATE, AND LOCAL LAW 21
132132 ENFORCEMENT AGENCIES TO ENSURE THAT APPROPRIATE MEASURES ARE 22
133133 UNDERTAKEN TO PROTEC T PATIENTS, STAFF, AND VOLUNTEERS UNDER EXISTING 23
134134 FEDERAL, STATE, AND LOCAL LAWS ; 24
135135
136136 (II) SECURITY STAFFING SER VICES; 25
137137
138138 (III) EQUIPMENT AND CAPITAL IMPROVEMENTS ; AND 26
139139 4 HOUSE BILL 1412
140140
141141
142142 (IV) OTHER MEASURES THAT I MPROVE SAFETY AND SECURITY . 1
143143
144144 (D) WITH ANY REMAINING FU NDS, THE SECRETARY SHALL PROVI DE 2
145145 GRANTS TO SUPPORT : 3
146146
147147 (1) ABORTION CARE FOR UNI NSURED INDIVIDUALS O R INDIVIDUALS 4
148148 UNABLE TO USE THEIR INSURANCE DUE TO THE RISKS POSED BY COMMU NICATION 5
149149 FROM INSURANCE CARRI ERS REGARDING COVERAGE ; 6
150150
151151 (2) TRAVEL AND RELATED CO STS FOR INDIVIDUALS WHO ARE 7
152152 UNABLE TO ACCESS ABO RTION CARE IN THEIR OWN COMMUNITIES ; AND 8
153153
154154 (3) ANY OTHER INITIATIVE TO IMPROVE ACCESS TO ABORTION CARE 9
155155 AS DETERMINED BY THE SECRETARY, IN CONSULTATION WITH NATIONAL, STATE, 10
156156 AND LOCAL CONSUMER , HEALTH PROFESSIONAL , AND PUBLIC HEALTH 11
157157 ORGANIZATIONS THAT H AVE A FOCUS ON INCRE ASING ACCESS TO CULT URALLY 12
158158 COMPETENT ABORTION C ARE. 13
159159
160160 13–5203. 14
161161
162162 (A) THERE IS AN ABORTION CARE ACCESS GRANT PROGRAM FUND. 15
163163
164164 (B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS UNDER THE 16
165165 PROGRAM. 17
166166
167167 (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 18
168168
169169 (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 19
170170 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
171171
172172 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21
173173 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
174174
175175 (E) THE FUND CONSISTS OF : 23
176176
177177 (1) MONEY TRANSFERRED TO THE FUND UNDER § 15–147 OF THE 24
178178 INSURANCE ARTICLE; 25
179179
180180 (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 26
181181
182182 (3) INTEREST EARNINGS OF THE FUND; AND 27
183183 HOUSE BILL 1412 5
184184
185185
186186 (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 1
187187 THE BENEFIT OF THE FUND. 2
188188
189189 (F) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 3
190190
191191 (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 4
192192 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 5
193193
194194 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 6
195195 THE FUND. 7
196196
197197 (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 8
198198 WITH THE STATE BUDGET . 9
199199
200200 13–5204. 10
201201
202202 (A) ON OR BEFORE OCTOBER 1, 2024, THE GOVERNOR SHALL ALLOCATE BY 11
203203 BUDGET AMENDMENT AT LEAST $1,000,000 OF THE FUND FOR THE ABORTION CARE 12
204204 ACCESS GRANT PROGRAM FOR FISCAL YEAR 2025. 13
205205
206206 (B) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E IN 14
207207 THE ANNUAL BUD GET BILL AN APPROPRI ATION OF AT LEAST 75% OF THE FUNDS 15
208208 TRANSFERRED TO THE FUND UNDER § 15–147 OF THE INSURANCE ARTICLE IN THE 16
209209 IMMEDIATELY PRECEDIN G FISCAL YEAR. 17
210210
211211 Article – State Finance and Procurement 18
212212
213213 6–226. 19
214214
215215 (a) (2) (i) Notwithstanding any other provision of law, and unless 20
216216 inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
217217 terms of a gift or settlement agreement, net interest on all State money allocated by the 22
218218 State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
219219 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
220220 Fund of the State. 25
221221
222222 (ii) The provisions of subparagraph (i) of this paragraph do not apply 26
223223 to the following funds: 27
224224
225225 189. the Teacher Retention and Development Fund; [and] 28
226226
227227 190. the Protecting Against Hate Crimes Grant Fund; AND 29
228228 6 HOUSE BILL 1412
229229
230230
231231 191. THE ABORTION CARE ACCESS GRANT PROGRAM 1
232232 FUND. 2
233233
234234 SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 3
235235 Health shall collaborate with federal, State, and local law enforcement agencies to evaluate 4
236236 if further actions are needed to ensure the safety of the patients, staff, and volunteers of 5
237237 abortion care providers in the State. 6
238238
239239 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
240240 October 1, 2024. 8