EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0939*
HOUSE BILL 939
O1, J1 5lr2021
CF SB 674
By: Delegates Pena–Melnyk, Acevero, Bagnall, Cullison, and Terrasa Terrasa,
Bhandari, Guzzone, Hill, S. Johnson, Kaiser, Kerr, Lopez, Martinez,
Rosenberg, Taveras, White Holland, Woods, and Woorman
Introduced and read first time: January 31, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Maryland Commission for Women – Maryland Collaborative to Advance 2
Implementation of Coverage of Over–the–Counter Birth Control 3
FOR the purpose of requiring the Maryland Commission for Women to establish the 4
Maryland Collaborative to Advance Implementation of Coverage of 5
Over–the–Counter Birth Control to study access to over–the–counter birth control; 6
and generally relating to coverage of over–the–counter birth control. 7
Preamble 8
WHEREAS, Access to birth control is essential to reproductive freedom and 9
autonomy; and 10
WHEREAS, Increasing access to over–the–counter birth control is a critical strategy 11
in empowering people who have been unable to access birth control because of challenges 12
in navigating the health care system; and 13
WHEREAS, Maryland was the first state to require coverage of over–the–counter 14
birth control with the enactment of the Contraceptive Equity Act of 2016; and 15
WHEREAS, 2.7 million Marylanders now have coverage of over–the–counter birth 16
control through a State–regulated private plan, the Maryland Medical Assistance Program, 17
or the State Employee and Retiree Health and Welfare Benefits Program; and 18 2 HOUSE BILL 939
WHEREAS, On July 13, 2023, the federal Food and Drug Administration expanded 1
the number of over–the–counter birth control options with the approval of the first daily 2
birth control pill for over–the–counter use; and 3
WHEREAS, Maryland can continue to lead the nation in ensuring over–the–counter 4
birth control access by establishing a consumer–focused implementation collaborative to 5
support collaboration among consumer organizations, industry stakeholders, and State 6
agencies; now, therefore, 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That: 9
(a) The Maryland Commission for Women in the Department of Human Services 10
shall establish the Maryland Collaborative to Advance Implementation of Coverage of 11
Over–the–Counter Birth Control. 12
(b) The Collaborative consists of the following members: 13
(1) one representative of the Maryland Insurance Administration, 14
designated by the Commissioner of the Maryland Insurance Administration; 15
(2) two representatives of the Maryland Department of Health, designated 16
by the Secretary of Health, of whom: 17
(i) one shall be a representative of the Maryland Medical Assistance 18
Program; and 19
(ii) one shall be a representative of public health; 20
(3) one representative of the Department of Budget and Management with 21
expertise in the State Employee and Retiree Health and Welfare Benefits Program, 22
designated by the Secretary of Budget and Management; 23
(4) one representative of the Maryland Health Benefit Exchange, 24
designated by the Executive Director of the Maryland Health Benefit Exchange; and 25
(5) the following members, appointed by the Secretary of Human Services: 26
(i) one representative of Ibis Reproductive Health; 27
(ii) one representative of the National Health Law Program; 28
(iii) one representative of the American Society for Emergency 29
Contraception; 30
HOUSE BILL 939 3
(iv) two representatives of Maryland–based reproductive justice 1
organizations; 2
(v) one representative of Advocates for Youth; 3
(vi) one representative of the Maryland Retailers Alliance; 4
(vii) one representative of the Maryland Association of Chain Drug 5
Stores; 6
(viii) one representative of the Independent Pharmacies of Maryland; 7
(ix) one representative of the Maryland Pharmacist Association; 8
(x) one representative of the League of Life and Health Insurers of 9
Maryland; 10
(xi) one representative of a pharmacy benefits manager; 11
(xii) one representative of the Maryland Managed Care Organization 12
Association; 13
(xiii) one representative of a public higher education institution that 14
provides student health insurance; and 15
(xiv) one representative of the Consumer Health Information Hub at 16
the University of Maryland School of Public Health. 17
(c) The chair of the Maryland Commission for Women shall designate the chair 18
of the Collaborative. 19
(d) The Maryland Commission for Women shall provide staff for the 20
Collaborative. 21
(e) A member of the Collaborative: 22
(1) may not receive compensation as a member of the Collaborative; but 23
(2) is entitled to reimbursement for expenses under the Standard State 24
Travel Regulations, as provided in the State budget. 25
(f) The purpose of the Collaborative is to study and make recommendations to 26
advance access to over–the–counter birth control through: 27
(1) implementation of State coverage requirements for over–the–counter 28
birth control at pharmacies; 29
4 HOUSE BILL 939
(2) advancement of point–of–sale coverage options at retail counters, 1
virtual retail platforms, and vending machines; 2
(3) identification of public health initiatives to increase access to 3
over–the–counter birth control for individuals who: 4
(i) do not have over–the–counter birth control coverage; or 5
(ii) cannot access over–the–counter birth control coverage; and 6
(4) enhancement of education and engagement of consumers, health care 7
practitioners, public health and community programs, and health care industry 8
stakeholders. 9
(g) The Collaborative shall: 10
(1) study: 11
(i) responses to the request for information on over–the–counter 12
coverage of preventive services published on October 4, 2023, from the U.S. Department of 13
Labor, the U.S. Department of the Treasury, and the U.S. Department of Health and 14
Human Services; 15
(ii) responses to the proposed rule on over–the–counter coverage 16
issued by the U.S. Department of Health and Human Services on October 21, 2024; 17
(iii) the report developed in consultation with policy experts in states 18
with over–the–counter coverage laws and published by Ibis Reproductive Health on 19
November 4, 2024, titled “Free the Pill and Cover it Too: Strategies for Making OTC 20
Coverage Work in the Real World”; and 21
(iv) other reports and materials on implementing coverage for 22
over–the–counter birth control; and 23
(2) make recommendations on its findings. 24
(h) The Collaborative may consult with: 25
(1) health professional associations and other organizations with expertise 26
in advancing equitable access to birth control for all communities; 27
(2) retailers, independent and chain pharmacies, pharmacists, online retail 28
platforms, wellness vending machine companies, and any other entity involved in providing 29
over–the–counter contraception; 30
(3) insurers, managed care organizations, pharmacy benefits managers, 31
entities that administer cards for health savings accounts or flexible spending accounts, 32 HOUSE BILL 939 5
and any other organizations involved in administering coverage of over–the–counter 1
contraception; and 2
(4) community health centers, local health departments, and 3
community–based organizations that support communities that have historically not been 4
engaged with the health care system. 5
(i) (1) On or before January 1, 2026, the Collaborative shall submit an interim 6
report of its findings and recommendations to the Governor and, in accordance with § 7
2–1257 of the State Government Article, the General Assembly. 8
(2) On or before December 1, 2027, the Collaborative shall submit a final 9
report of its findings and recommendations to the Governor and, in accordance with § 10
2–1257 of the State Government Article, the General Assembly. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 13
this Act, with no further action required by the General Assembly, shall be abrogated and 14
of no further force and effect. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.