Maryland 2025 Regular Session

Maryland House Bill HB1251 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[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.
8	5		hb1251
9	6
10	7		HOUSE BILL 1251
11	8		J3, C4 5lr3170
12	9
13	10		By: Delegates Toles, Amprey, Atterbeary, Boafo, Boyce, Hill, D. Jones, J. Long,
14	11		Pasteur, Patterson, Smith, Taylor, Wells, White Holland, Wilkins, and
15	12		Williams
16	13		Introduced and read first time: February 7, 2025
17	14		Assigned to: Health and Government Operations
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: March 6, 2025
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26		-	Health Care Facilities ~~Hospitals~~ and Medical Professional Liability Insurers – 2
27		-	~~Obstetric~~ Services Policies 3
	20	+	Health Care Facilities and Medical Professional Liability Insurers – Obstetric 2
	21	+	Services Policies 3
28	22		(Doula and Birth Policy Transparency Act) 4
29	23
30		-	FOR the purpose of requiring certain health care facilities hospitals to adopt and provide 5
31		-	evidence to the Maryland Department of Health that the health care facility hospital 6
32		-	has a certain policy certain policies relating to obstetric services; requiring the 7
33		-	Maryland Department of Health to provide certain policies to the public on request; 8
34		-	requiring insurers that issue or deliver medical professional liability insurance 9
35		-	policies in the State, on request, to provide the Maryland Department of Health with 10
36		-	information regarding the insurer’s policy regarding coverage of obstetric services; 11
37		-	and generally relating to obstetric services. 12
	24	+	FOR the purpose of requiring certain health care facilities to adopt and provide evidence to 5
	25	+	the Maryland Department of Health that the health care facility has a certain policy 6
	26	+	relating to obstetric services; requiring insurers that issue or deliver medical 7
	27	+	professional liability insurance policies in the State, on request, to provide the 8
	28	+	Maryland Department of Health with information regarding the insurer’s policy 9
	29	+	regarding coverage of obstetric services; and generally relating to obstetric services. 10
38	30
39		-	BY adding to 13
40		-	Article – Health – General 14
41		-	Section 19–2601 and 19–2602 to be under the new subtitle “Subtitle 26. Health Care 15
42		-	Facility ~~Hospital~~ Obstetric Services Policy” 16
43		-	Annotated Code of Maryland 17
44		-	(2023 Replacement Volume and 2024 Supplement) 18
	31	+	BY adding to 11
	32	+	Article – Health – General 12
	33	+	Section 19–2601 and 19–2602 to be under the new subtitle “Subtitle 26. Health Care 13
	34	+	Facility Obstetric Services Policy” 14
	35	+	Annotated Code of Maryland 15
	36	+	(2023 Replacement Volume and 2024 Supplement) 16
45	37
46		-	BY adding to 19
47		-	Article – Insurance 20
48		-	Section 19–104.1 21 2 HOUSE BILL 1251
	38	+	BY adding to 17
	39	+	Article – Insurance 18
	40	+	Section 19–104.1 19
	41	+	Annotated Code of Maryland 20
	42	+	(2017 Replacement Volume and 2024 Supplement) 21
	43	+
	44	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
	45	+	That the Laws of Maryland read as follows: 23
	46	+
	47	+	Article – Health – General 24
	48	+	2 HOUSE BILL 1251
49	49
50	50
51		-	Annotated Code of Maryland 1
52		-	(2017 Replacement Volume and 2024 Supplement) 2
	51	+	SUBTITLE 26. HEALTH CARE FACILITY OBSTETRIC SERVICES POLICY. 1
53	52
54		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55		-	That the Laws of Maryland read as follows: 4
	53	+	19–2601. 2
56	54
57		-	Article – Health – General 5
	55	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS H AVE THE MEANINGS 3
	56	+	INDICATED. 4
58	57
59		-	SUBTITLE 26. HEALTH CARE FACILITY HOSPITAL OBSTETRIC SERVICES POLICY. 6
	58	+	(B) “FREESTANDING AMBULATO RY CARE FACILITY ” HAS THE MEANING 5
	59	+	STATED IN § 19–3B–01 OF THIS TITLE. 6
60	60
61		-	19–2601. 7
	61	+	(C) “HEALTH CARE FACILITY ” MEANS A HOSPITAL OR FREESTANDING 7
	62	+	AMBULATORY CARE FACI LITY THAT PROVIDES O BSTETRIC CARE . 8
62	63
63		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
64		-	INDICATED. 9
	64	+	(D) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS TITLE. 9
65	65
66		-	(B) “FREESTANDING AMBULATO RY CARE FACILITY ” HAS THE MEANING 10
67		-	STATED IN § 19–3B–01 OF THIS TITLE. 11
	66	+	19–2602. 10
68	67
69		-	(C) “HEALTH CARE FACILITY ” MEANS A HOSPITAL OR FREESTANDING 12
70		-	AMBULATORY CARE FACI LITY THAT PROVIDES O BSTETRIC CARE . 13
71		-
72		-	(D) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS TITLE. 14
73		-
74		-	(B) “DOULA” MEANS A NONMEDICAL P ROFESSIONAL WHO PROV IDES 15
75		-	CONTINUOUS PHYSICAL , EMOTIONAL, AND INFORMATIONAL SU PPORT TO THE 16
76		-	BIRTHING PARENT THRO UGHOUT THE PRENATAL , LABOR, AND POSTPARTUM 17
77		-	PERIODS. 18
78		-
79		-	(C) “HOSPITAL” MEANS A HOSPITAL , AS DEFINED IN § 19–301 OF THIS 19
80		-	TITLE, THAT PROVIDES OBSTET RIC CARE. 20
81		-
82		-	(D) “SIGNIFICANT MEDICAL I NTERVENTION ” MEANS A CESAREAN SEC TION, 21
83		-	INDUCTION OF LABOR , AUGMENTATION OF LABO R, OPERATIVE VAGINAL DE LIVERY, 22
84		-	OR EPISIOTOMY . 23
85		-
86		-	19–2602. 24
87		-
88		-	(A) A HEALTH CARE FACILITY HOSPITAL SHALL ADOPT AND PROV IDE 25
89		-	EVIDENCE TO THE DEPARTMENT THAT THE HEALTH CARE FACILITY HOSPITAL HAS 26
90		-	A POLICY THAT: 27
91		-
92		-	(1) A DOULA POLICY THAT AL LOWS EVERY BIRTHING PARENT TO 28
93		-	HAVE AT LEAST ONE DO ULA PRESENT DURING B IRTH IN ADDITION TO AUTHORIZED 29
94		-	GUESTS; 30
95		-	HOUSE BILL 1251 3
96		-
97		-
98		-	(2) AN INFORMED CONSENT POL ICY FOR SIGNIFICANT MEDICAL 1
99		-	INTERVENTION FOR THE BIRTHING PARENT ; AND 2
100		-
101		-	(3) A TRANSFER ACCEPTANCE POLICY THAT INCLUDES THE 3
102		-	HOSPITAL’S PROCESS FOR RECEIV ING: 4
103		-
104		-	(I) A PATIENT FROM A HEALT H CARE PRACTITIONER 5
105		-	REGULATED UNDER TITLE 8 OF THE HEALTH OCCUPATIONS ARTICLE WHO HAD 6
106		-	PROVIDED SERVICES TO A BIRTHING PARENT IN A HOME BIRTH SETTING ; 7
107		-
108		-	(II) A BIRTHING PARENT ’S OR NEWBORN ’S MEDICAL 8
109		-	INFORMATION FROM THE HOME BIRTH PROVIDER ; AND 9
110		-
111		-	(III) A TRANSFER FROM A LICE NSED DIRECT–ENTRY MIDWIFE 10
112		-	THAT IS CONSISTENT W ITH THE REQUIREMENTS OF § 8–6C–08 OF THE HEALTH 11
113		-	OCCUPATIONS ARTICLE. 12
	68	+	(A) A HEALTH CARE FACILITY SHALL ADOPT AND PROVIDE EVIDENCE TO 11
	69	+	THE DEPARTMENT THAT THE HEALTH CARE FACILITY HAS A POLIC Y THAT: 12
114	70
115	71		(1) ALLOWS EVERY BIRTHING PARENT TO HAVE A CERTIFIED DOULA, 13
116	72		AS DEFINED IN § 15–141.4 OF THIS ARTICLE, PRESENT DURING BIRTH , IN ADDITION 14
117	73		TO ANY AUTHORIZED GU ESTS; 15
118	74
119	75		(2) PRIORITIZES NEWBORN B ONDING WITH THE FAMI LY OF THE 16
120	76		NEWBORN; 17
121	77
122	78		(3) PROHIBITS THE HEALTH CARE FACILITY FROM USING 18
123	79		SIGNIFICANT MEDICAL INTERVENTION IN THE BIRTHING PROCESS WIT HOUT THE 19
124	80		INFORMED CONSENT OF THE BIRTHING P ARENT, INCLUDING: 20
125	81
126	82		(I) THE ADMINISTRATION OF A MEDICATION THAT WI LL 21
127	83		INDUCE LABOR ; 22
128	84
129	85		(II) A CESAREAN SECTION; AND 23
130	86
131	87		(III) USE OF FORCEPS; 24
132	88
133	89		(4) DETAILS THE HEALTH CARE FACILITY’S PROCESS FOR RECEIV ING 25
134	90		A BIRTHING P ARENT’S MEDICAL INFORMATION FROM A HEALTH CARE PROVIDER 26
135	91		REGULATED UNDER TITLE 8 OF THE HEALTH OCCUPATIONS ARTICLE WHO HAS 27
136	92		PROVIDED SERVICES TO THE BIRTHING PERSON ; AND 28
137		-
138		-	(5) ESTABLISHES A PROCESS TO TRANSFER AND RECE IVE PREGNANT 29
139		-	PERSONS ACROSS THE H EALTH CARE FACILITY ’S LEVELS OF CARE WIT HIN THE 30
140		-	FACILITY’S CAPACITY AND CAPABILITY. 31
141		-	4 HOUSE BILL 1251
	93	+	HOUSE BILL 1251 3
142	94
143	95
144		-	(B) THE PROCESS DETAILED IN THE POLICY REQUIR ED UNDER SUBSECTION 1
145		-	(A)(4) OF THIS SECTION SHAL L INCLUDE A PROCESS FOR TRANSFERRING MED ICAL 2
146		-	RECORDS WHEN THE BIR THING PARENT WAS REC EIVING SERVICES FROM THE 3
147		-	HEALTH CARE PROVIDER IN A HOME BIRTH SET TING. 4
	96	+	(5) ESTABLISHES A PROCESS TO TRANSFER AND RECE IVE PREGNANT 1
	97	+	PERSONS ACROSS THE HEALTH CARE FACILITY’S LEVELS OF CARE WIT HIN THE 2
	98	+	FACILITY’S CAPACITY AND CAPAB ILITY. 3
148	99
149		-	(C) (B) A HEALTH CARE FACILITY HOSPITAL SHALL PROVIDE EVIDEN CE 5
150		-	TO THE DEPARTMENT THAT THE HEALTH CARE FACILITY HOSPITAL HAS ADOPTED 6
151		-	A POLICY UNDER SUBSE CTION (A) OF THIS SECTION: 7
	100	+	(B) THE PROCESS DETAILED IN THE POLICY REQUIRED UNDER SUBSECTION 4
	101	+	(A)(4) OF THIS SECTION SHAL L INCLUDE A PROCESS FOR TRANSFERRING MED ICAL 5
	102	+	RECORDS WHEN THE BIR THING PARENT WAS REC EIVING SERVICES FROM THE 6
	103	+	HEALTH CARE PROVIDER IN A HOME B IRTH SETTING. 7
152	104
153		-	(1) (I) ON OR BEFORE JANUARY 1, 2026; OR 8
	105	+	(C) A HEALTH CARE FACILITY SHALL PROV IDE EVIDENCE TO THE 8
	106	+	DEPARTMENT THAT THE HEALTH CARE FACILITY HAS ADOPTED A POLICY UNDER 9
	107	+	SUBSECTION (A) OF THIS SECTION: 10
154	108
155		-	(II) IF THE HEALTH CARE FACILITY HOSPITAL IS ESTABLISHED 9
156		-	AFTER JANUARY 1, 2026, ON THE ESTABLISHMENT OF THE HEALTH CARE FACILITY 10
157		-	HOSPITAL; AND 11
	109	+	(1) (I) ON OR BEFORE JANUARY 1, 2026; OR 11
158	110
159		-	(2) WHENEVER THE POLICY I S UPDATED. 12
	111	+	(II) IF THE HEALTH CARE FA CILITY IS ESTABLISHE D AFTER 12
	112	+	JANUARY 1, 2026, ON THE ESTABLISHMENT OF THE HEALTH CARE FACILITY ; AND 13
160	113
161		-	(D) (C) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 13
162		-	THIS SECTION, INCLUDING REGULAT IONS THAT ESTABLISH THE FORM AND MANNER 14
163		-	IN WHICH A HEALTH CARE FACILITY HOSPITAL MAY PROVE TO THE DEPARTMENT 15
164		-	THAT THE HEALTH CARE FACILITY HOSPITAL HAS ADOPTED A POLICY IN 16
165		-	COMPLIANCE WITH THIS SECTION. 17
	114	+	(2) WHENEVER THE POLICY IS UPDATE D. 14
166	115
167		-	(D) THE DEPARTMENT SHALL MAKE THE POLICIES PROVIDE D BY A 18
168		-	HOSPITAL UNDER THIS SECTION AVAILABLE TO THE PUBLIC ON REQUES T AND IN A 19
169		-	MANNER DETERMINED BY THE DEPARTMENT . 20
	116	+	(D) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT THIS 15
	117	+	SECTION, INCLUDING REGULATION S THAT ESTABLISH THE FORM AND MANNER IN 16
	118	+	WHICH A HEALTH CARE FACILITY MAY PROV E TO THE DEPARTMENT THAT THE 17
	119	+	HEALTH CARE FACILITY HAS ADOPTED A POLICY IN COMPLIAN CE WITH THIS 18
	120	+	SECTION. 19
170	121
171		-	(E) THIS SECTION DOES NOT PROHIBIT A HOSPITAL FROM SETTING A 21
172		-	POLICY THAT RESTRICT S THE NUMBER OF DOUL AS OR AUTHORIZED GUE STS. 22
	122	+	Article – Insurance 20
173	123
174		-	~~Article – Insurance 23~~
	124	+	19–104.1. 21
175	125
176		-	19–104.1. 24
	126	+	ON REQUEST , AN INSURER THAT ISSUES OR DELIV ERS MEDICAL 22
	127	+	PROFESSIONAL LIABILI TY INSURANCE POLICIES IN THE STATE SHALL PROVIDE THE 23
	128	+	MARYLAND DEPARTMENT OF HEALTH WITH INFORMATI ON REGARDING THE 24
	129	+	INSURER’S POLICY RELATED T O COVERAGE OF OBSTETRIC SERVICES, INCLUDING 25
	130	+	COVERAGE FOR A VAGINAL BIRTH AFTE R CESAREAN. 26
177	131
178		-	ON REQUEST , AN INSURER THAT ISSU ES OR DELIVERS MEDIC AL 25
179		-	PROFESSIONAL LIABILI TY INSURANCE POLICIE S IN THE STATE SHALL PROVIDE T HE 26
180		-	MARYLAND DEPARTMENT OF HEALTH WITH INFORMATI ON REGARDING THE 27
181		-	INSURER’S POLICY RELATED TO COVERAGE OF OBSTET RIC SERVICES, INCLUDING 28
182		-	COVERAGE FOR A VAGIN AL BIRTH AFTER CESAR EAN. 29
183		-
184		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
185		-	October 1, 2025. 31
	132	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	133	+	October 1, 2025. 28