EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0947*
SENATE BILL 947
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By: Senator Kelly
Introduced and read first time: February 2, 2024
Assigned to: Finance and Budget and Taxation
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 SENATE BILL 947
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 NONPROF IT HEALTH SERVICE PL ANS 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 O RGANIZATIONS THAT PR OVIDE 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 COL LECTED BY AN ENTITY SUBJECT TO THIS 21
SECTION FOR ABORTION COVERAGE IN ACCORDAN CE WITH § 1303(B)(2)(B) AND (C) 22
OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT SHALL: 23
(1) BE USED TO PROVIDE C OVERAGE FOR ABORTION CARE SERVICES 24
FOR INSUREDS OR ENRO LLEES IN ACCORDANCE WITH § 15–857 OF THIS TITLE; AND 25
(2) IF THE AMOUNT OF THE ENDING BALANCE OF TH E SEGREGATED 26
ACCOUNT ESTABLISHED F OR COVERAGE OF ABORT ION CARE SERVICES EX CEEDS 27
DISBURSEMENTS BY MOR E THAN 10% AFTER THE 12–MONTH PERIOD FOLLOWI NG 28
THE END OF A PLAN YE AR, BE USED TO SUPPORT I MPROVING ACCESS TO A BORTION 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 ACCOU NTING OF RECEIPTS , 32
DISBURSEMENTS , AND THE YEAR –END BALANCE FOR SEGR EGATED ACCOUNTS 33 SENATE BILL 947 3
ESTABLISHED BY THE E NTITY UNDER § 1303(B)(2)(B) AND (C) OF THE FEDERAL 1
PATIENT PROTECTION AND AFFORDABLE CARE ACT: 2
(1) ON A FORM APPROVED B Y THE COMMISSIONER ; AND 3
(2) WITH ANY RELATED DOC UMENTATION REQUIRED BY THE 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 C ARE SERVICES FOR IND IVIDUALS IN THE STATE. 16
(C) (1) THE SECRETARY SHALL PROVI DE OPERATING AND CAP ITAL 17
GRANTS TO ABORTION C ARE PROVIDERS TO PRO TECT THE SECURITY OF THEIR 18
PATIENTS, STAFF, AND VOLUNTEERS . 19
(2) GRANT FUNDS UNDER THE PROGRAM MAY BE USED F OR: 20
(I) COLLABORATION WITH FE DERAL, STATE, AND LOCAL LAW 21
ENFORCEMENT AGENCIES TO ENSURE THAT APPRO PRIATE MEASURES ARE 22
UNDERTAKEN TO PROTEC T PATIENTS, STAFF, AND VOLUNTE ERS UNDER EXISTING 23
FEDERAL, STATE, AND LOCAL LAWS ; 24
(II) SECURITY STAFFING SER VICES; 25
(III) EQUIPMENT AND CAPITAL IMPROVEMENTS ; AND 26
4 SENATE BILL 947
(IV) OTHER MEASURES THAT I MPROVE SAFETY AND SE CURITY. 1
13–5203. 2
(A) THERE IS AN ABORTION CARE ACCESS GRANT PROGRAM FUND. 3
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS UNDER THE 4
PROGRAM. 5
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 6
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
(E) THE FUND CONSISTS OF : 11
(1) MONEY TRANSFERRED TO THE FUND UNDER § 15–147 OF THE 12
INSURANCE ARTICLE; 13
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 14
(3) INTEREST EARNINGS OF THE FUND; AND 15
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 16
THE BENEFIT OF THE FUND. 17
(F) THE FUND MAY BE USED ONLY FOR THE PROGRAM. 18
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 19
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 20
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 21
THE FUND. 22
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 23
WITH THE STATE BUDGET. 24
13–5204. 25
SENATE BILL 947 5
(A) ON OR BEFORE OCTOBER 1, 2024, THE GOVERNOR SHALL ALLOCA TE BY 1
BUDGET AMENDMENT AT LEAST $1,000,000 OF THE FUND FOR THE ABORTION CARE 2
ACCESS GRANT PROGRAM FOR FISCAL YE AR 2025. 3
(B) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INC LUDE IN 4
THE ANNUAL BUDGET BI LL AN APPROPRIATION OF AT LEAST 75% OF THE FUNDS 5
TRANSFERRED TO THE FUND UNDER § 15–147 OF THE INSURANCE ARTICLE IN THE 6
IMMEDIATELY PRECEDIN G FISCAL YEAR. 7
Article – State Finance and Procurement 8
6–226. 9
(a) (2) (i) Notwithstanding any other provision of law, and unless 10
inconsistent with a federal law, grant agreement, or other federal requirement or with the 11
terms of a gift or settlement agreement, net interest on all State money allocated by the 12
State Treasurer under this section to special funds or accounts, and otherwise entitled to 13
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 14
Fund of the State. 15
(ii) The provisions of subparagraph (i) of this paragraph do not apply 16
to the following funds: 17
189. the Teacher Retention and Development Fund; [and] 18
190. the Protecting Against Hate Crimes Grant Fund; AND 19
191. THE ABORTION CARE ACCESS GRANT PROGRAM 20
FUND. 21
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 22
Health shall collaborate with federal, State, and local law enforcement agencies to evaluate 23
if further actions are needed to ensure the safety of the patients, staff, and volunteers of 24
abortion care providers in the State. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. 27