EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1412*
HOUSE BILL 1412
J1, J5, J4 4lr2811
CF SB 947
By: Delegate Lopez
Introduced and read first time: February 9, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Abortion Care Access Grant Program and Fund – Establishment 2
FOR the purpose of establishing the Abortion Care Access Grant Program to provide grants 3
to improve access to abortion care services for individuals in the State; establishing 4
the Abortion Care Access Grant Program Fund as a special, nonlapsing fund to 5
provide grants under the Program; requiring that certain premium funds collected 6
by health insurance carriers be used to provide certain coverage and to support 7
improving access to abortion care services under certain circumstances; and 8
generally relating to the Abortion Care Access Grant Program and Fund. 9
BY adding to 10
Article – Insurance 11
Section 15–147 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 13–5201 through 13–5204 to be under the new subtitle “Subtitle 52. Abortion 17
Care Access Grant Program” 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
BY repealing and reenacting, without amendments, 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(i) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Finance and Procurement 27 2 HOUSE BILL 1412
Section 6–226(a)(2)(ii)189. and 190. 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2023 Supplement) 3
BY adding to 4
Article – State Finance and Procurement 5
Section 6–226(a)(2)(ii)191. 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Insurance 11
15–147. 12
(A) THIS SECTION APPLIES TO: 13
(1) INSURERS AND NONPROFI T HEALTH SERVICE PLANS THAT 14
PROVIDE HOSPITAL , MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS 15
ON AN EXPENSE –INCURRED BASIS UNDER HEALTH INSURANCE POL ICIES OR 16
CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE; AND 17
(2) HEALTH MAINTENANCE OR GANIZATIONS THAT PROVIDE 18
HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GR OUPS UNDER 19
CONTRACTS THAT ARE I SSUED OR DELIVERED I N THE STATE. 20
(B) ANY PREMIUM FUNDS COLLEC TED BY AN ENTITY SUBJECT TO THIS 21
SECTION FOR ABORTION COVERAG E IN ACCORDANCE WITH § 1303(B)(2)(B) AND (C) 22
OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT SHALL: 23
(1) BE USED TO PROVIDE COVERAGE FOR ABORTION CARE SERVICES 24
FOR INSUREDS OR ENROLLEE S IN ACCORDANCE WITH § 15–857 OF THIS TITLE; AND 25
(2) IF THE AMOUNT OF THE ENDING BALANCE OF THE SE GREGATED 26
ACCOUNT ESTABLISHED FOR COVE RAGE OF ABORTION CARE SERVICES EXCEEDS 27
DISBURSEMENTS BY MOR E THAN 10% AFTER THE 12–MONTH PERIOD FOLLOWING 28
THE END OF A PLAN YE AR, BE USED TO SUPPORT IMPROVING ACCESS TO ABORTION 29
CARE SERVICES IN THE STATE. 30
(C) ON OR BEFORE MARCH 1 EACH YEAR, AN ENTITY SUBJECT TO THIS 31
SECTION SHALL SUBMIT TO THE COMMISSIONER AN ACCOUNTING OF RECEIPTS, 32
DISBURSEMENTS , AND THE YEAR–END BALANCE FOR SEGREGAT ED ACCOUNTS 33 HOUSE BILL 1412 3
ESTABLISHED BY THE ENTITY UNDER § 1303(B)(2)(B) AND (C) OF THE FEDERAL 1
PATIENT PROTECTION AND AFFORDABLE CARE ACT: 2
(1) ON A FORM APPROVED BY THE COMMISSIONER ; AND 3
(2) WITH ANY RELATED DOCUMENT ATION REQUIRED BY TH E 4
COMMISSIONER . 5
Article – Health – General 6
SUBTITLE 52. ABORTION CARE ACCESS GRANT PROGRAM. 7
13–5201. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “FUND” MEANS THE ABORTION CARE ACCESS GRANT PROGRAM FUND. 11
(C) “PROGRAM” MEANS THE ABORTION CARE ACCESS GRANT PROGRAM. 12
13–5202. 13
(A) THERE IS AN ABORTION CARE ACCESS GRANT PROGRAM. 14
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE GRANTS TO IMPROVE 15
ACCESS TO ABORTION CARE SERVICES FOR INDIVID UALS IN THE STATE. 16
(C) (1) THE SECRETARY SHALL PROVI DE OPERATING AND CAP ITAL 17
GRANTS TO ABORTION CARE PROVIDERS TO PROTECT THE SECURITY OF THEI R 18
PATIENTS, STAFF, AND VOLUNTEERS . 19
(2) GRANT FUNDS UNDER THE PROGRAM MAY BE USED FOR : 20
(I) COLLABORATION WITH FE DERAL, STATE, AND LOCAL LAW 21
ENFORCEMENT AGENCIES TO ENSURE THAT APPROPRIATE MEASURES ARE 22
UNDERTAKEN TO PROTEC T PATIENTS, STAFF, AND VOLUNTEERS UNDER EXISTING 23
FEDERAL, STATE, AND LOCAL LAWS ; 24
(II) SECURITY STAFFING SER VICES; 25
(III) EQUIPMENT AND CAPITAL IMPROVEMENTS ; AND 26
4 HOUSE BILL 1412
(IV) OTHER MEASURES THAT I MPROVE SAFETY AND SECURITY . 1
(D) WITH ANY REMAINING FU NDS, THE SECRETARY SHALL PROVI DE 2
GRANTS TO SUPPORT : 3
(1) ABORTION CARE FOR UNI NSURED INDIVIDUALS O R INDIVIDUALS 4
UNABLE TO USE THEIR INSURANCE DUE TO THE RISKS POSED BY COMMU NICATION 5
FROM INSURANCE CARRI ERS REGARDING COVERAGE ; 6
(2) TRAVEL AND RELATED CO STS FOR INDIVIDUALS WHO ARE 7
UNABLE TO ACCESS ABO RTION CARE IN THEIR OWN COMMUNITIES ; AND 8
(3) ANY OTHER INITIATIVE TO IMPROVE ACCESS TO ABORTION CARE 9
AS DETERMINED BY THE SECRETARY, IN CONSULTATION WITH NATIONAL, STATE, 10
AND LOCAL CONSUMER , HEALTH PROFESSIONAL , AND PUBLIC HEALTH 11
ORGANIZATIONS THAT H AVE A FOCUS ON INCRE ASING ACCESS TO CULT URALLY 12
COMPETENT ABORTION C ARE. 13
13–5203. 14
(A) THERE IS AN ABORTION CARE ACCESS GRANT PROGRAM FUND. 15
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS UNDER THE 16
PROGRAM. 17
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 18
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 19
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
(E) THE FUND CONSISTS OF : 23
(1) MONEY TRANSFERRED TO THE FUND UNDER § 15–147 OF THE 24
INSURANCE ARTICLE; 25
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 26
(3) INTEREST EARNINGS OF THE FUND; AND 27
HOUSE BILL 1412 5
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 1
THE BENEFIT OF THE FUND. 2
(F) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 3
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 4
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 5
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 6
THE FUND. 7
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 8
WITH THE STATE BUDGET . 9
13–5204. 10
(A) ON OR BEFORE OCTOBER 1, 2024, THE GOVERNOR SHALL ALLOCATE BY 11
BUDGET AMENDMENT AT LEAST $1,000,000 OF THE FUND FOR THE ABORTION CARE 12
ACCESS GRANT PROGRAM FOR FISCAL YEAR 2025. 13
(B) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E IN 14
THE ANNUAL BUD GET BILL AN APPROPRI ATION OF AT LEAST 75% OF THE FUNDS 15
TRANSFERRED TO THE FUND UNDER § 15–147 OF THE INSURANCE ARTICLE IN THE 16
IMMEDIATELY PRECEDIN G FISCAL YEAR. 17
Article – State Finance and Procurement 18
6–226. 19
(a) (2) (i) Notwithstanding any other provision of law, and unless 20
inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
terms of a gift or settlement agreement, net interest on all State money allocated by the 22
State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
Fund of the State. 25
(ii) The provisions of subparagraph (i) of this paragraph do not apply 26
to the following funds: 27
189. the Teacher Retention and Development Fund; [and] 28
190. the Protecting Against Hate Crimes Grant Fund; AND 29
6 HOUSE BILL 1412
191. THE ABORTION CARE ACCESS GRANT PROGRAM 1
FUND. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 3
Health shall collaborate with federal, State, and local law enforcement agencies to evaluate 4
if further actions are needed to ensure the safety of the patients, staff, and volunteers of 5
abortion care providers in the State. 6
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2024. 8