Maryland 2025 Regular Session

Maryland House Bill HB939 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		hb0939
9	6
10	7		HOUSE BILL 939
11	8		O1, J1 5lr2021
12	9		CF SB 674
13		-	By: Delegates Pena–Melnyk, Acevero, Bagnall, Cullison, and Terrasa Terrasa,
14		-	Bhandari, Guzzone, Hill, S. Johnson, Kaiser, Kerr, Lopez, Martinez,
15		-	Rosenberg, Taveras, White Holland, Woods, and Woorman
	10	+	By: Delegates Pena–Melnyk, Acevero, Bagnall, Cullison, and Terrasa
16	11		Introduced and read first time: January 31, 2025
17	12		Assigned to: Health and Government Operations
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: February 25, 2025
21	13
22		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
23	15
24	16		AN ACT concerning 1
25	17
26	18		Maryland Commission for Women – Maryland Collaborative to Advance 2
27	19		Implementation of Coverage of Over–the–Counter Birth Control 3
28	20
29	21		FOR the purpose of requiring the Maryland Commission for Women to establish the 4
30	22		Maryland Collaborative to Advance Implementation of Coverage of 5
31	23		Over–the–Counter Birth Control to study access to over–the–counter birth control; 6
32	24		and generally relating to coverage of over–the–counter birth control. 7
33	25
34	26		Preamble 8
35	27
36	28		WHEREAS, Access to birth control is essential to reproductive freedom and 9
37	29		autonomy; and 10
38	30
39	31		WHEREAS, Increasing access to over–the–counter birth control is a critical strategy 11
40	32		in empowering people who have been unable to access birth control because of challenges 12
41	33		in navigating the health care system; and 13
42	34
43	35		WHEREAS, Maryland was the first state to require coverage of over–the–counter 14
44	36		birth control with the enactment of the Contraceptive Equity Act of 2016; and 15
45	37
46	38		WHEREAS, 2.7 million Marylanders now have coverage of over–the–counter birth 16
47	39		control through a State–regulated private plan, the Maryland Medical Assistance Program, 17
48		-	or the State Employee and Retiree Health and Welfare Benefits Program; and 18 2 HOUSE BILL 939
	40	+	or the State Employee and Retiree Health and Welfare Benefits Program; and 18
	41	+
	42	+	WHEREAS, On July 13, 2023, the federal Food and Drug Administration expanded 19
	43	+	the number of over–the–counter birth control options with the approval of the first daily 20
	44	+	birth control pill for over–the–counter use; and 21
	45	+
	46	+	WHEREAS, Maryland can continue to lead the nation in ensuring over–the–counter 22
	47	+	birth control access by establishing a consumer–focused implementation collaborative to 23 2 HOUSE BILL 939
	48	+
	49	+
	50	+	support collaboration among consumer organizations, industry stakeholders, and State 1
	51	+	agencies; now, therefore, 2
	52	+
	53	+	SECTION 1. BE IT ENACTED BY THE GENERA L ASSEMBLY OF MARYLAND, 3
	54	+	That: 4
	55	+
	56	+	(a) The Maryland Commission for Women in the Department of Human Services 5
	57	+	shall establish the Maryland Collaborative to Advance Implementation of Coverage of 6
	58	+	Over–the–Counter Birth Control. 7
	59	+
	60	+	(b) The Collaborative consists of the following members: 8
	61	+
	62	+	(1) one representative of the Maryland Insurance Administration, 9
	63	+	designated by the Commissioner of the Maryland Insurance Administration; 10
	64	+
	65	+	(2) two representatives of the Maryland Department of Health, designated 11
	66	+	by the Secretary of Health, of whom: 12
	67	+
	68	+	(i) one shall be a representative of the Maryland Medical Assistance 13
	69	+	Program; and 14
	70	+
	71	+	(ii) one shall be a representative of public health; 15
	72	+
	73	+	(3) one representative of the Department of Budget and Management with 16
	74	+	expertise in the State Employee and Retiree Health and Welfare Benefits Program , 17
	75	+	designated by the Secretary of Budget and Management; 18
	76	+
	77	+	(4) one representative of the Maryland Health Benefit Exchange , 19
	78	+	designated by the Executive Director of the Maryland Health Benefit Exchange; and 20
	79	+
	80	+	(5) the following members, appointed by the Secretary of Human Services: 21
	81	+
	82	+	(i) one representative of Ibis Reproductive Health; 22
	83	+
	84	+	(ii) one representative of the National Health Law Program; 23
	85	+
	86	+	(iii) one representative of the American Society for Emergency 24
	87	+	Contraception; 25
	88	+
	89	+	(iv) two representatives of Maryland–based reproductive justice 26
	90	+	organizations; 27
	91	+
	92	+	(v) one representative of Advocates for Youth; 28
	93	+
	94	+	(vi) one representative of the Maryland Retailers Alliance; 29
	95	+	HOUSE BILL 939 3
	96	+
	97	+
	98	+	(vii) one representative of the Maryland Association of Chain Drug 1
	99	+	Stores; 2
	100	+
	101	+	(viii) one representative of the Independent Pharmacies of Maryland; 3
	102	+
	103	+	(ix) one representative of the Maryland Pharmacist Association; 4
	104	+
	105	+	(x) one representative of the League of Life and Health Insurers of 5
	106	+	Maryland; 6
	107	+
	108	+	(xi) one representative of a pharmacy benefits manager; 7
	109	+
	110	+	(xii) one representative of the Maryland Managed Care Organization 8
	111	+	Association; 9
	112	+
	113	+	(xiii) one representative of a public higher education institution that 10
	114	+	provides student health insurance; and 11
	115	+
	116	+	(xiv) one representative of the Consumer Health Information Hub at 12
	117	+	the University of Maryland School of Public Health. 13
	118	+
	119	+	(c) The chair of the Maryland Commission for Women shall designate the chair 14
	120	+	of the Collaborative. 15
	121	+
	122	+	(d) The Maryland Commission for Women shall provide staff for the 16
	123	+	Collaborative. 17
	124	+
	125	+	(e) A member of the Collaborative: 18
	126	+
	127	+	(1) may not receive compensation as a member of the Collaborative; but 19
	128	+
	129	+	(2) is entitled to reimbursement for expenses under the Standard State 20
	130	+	Travel Regulations, as provided in the State budget. 21
	131	+
	132	+	(f) The purpose of the Collaborative is to study and make recommendations to 22
	133	+	advance access to over–the–counter birth control through: 23
	134	+
	135	+	(1) implementation of State coverage requirements for over–the–counter 24
	136	+	birth control at pharmacies; 25
	137	+
	138	+	(2) advancement of point–of–sale coverage options at retail counters, 26
	139	+	virtual retail platforms, and vending machines; 27
	140	+
	141	+	(3) identification of public health initiatives to increase access to 28
	142	+	over–the–counter birth control for individuals who: 29
	143	+
	144	+	(i) do not have over–the–counter birth control coverage; or 30 4 HOUSE BILL 939
49	145
50	146
51	147
52		-	WHEREAS, On July 13, 2023, the federal Food and Drug Administration expanded 1
53		-	the number of over–the–counter birth control options with the approval of the first daily 2
54		-	birth control pill for over–the–counter use; and 3
	148	+	(ii) cannot access over–the–counter birth control coverage; and 1
55	149
56		-	WHEREAS, Maryland can continue to lead the nation in ensuring over–the–counter 4
57		-	birth control access by establishing a consumer–focused implementation collaborative to 5
58		-	support collaboration among consumer organizations, industry stakeholders, and State 6
59		-	agencies; now, therefore, 7
	150	+	(4) enhancement of education and engagement of consumers, health care 2
	151	+	practitioners, public health and community programs, and health care industry 3
	152	+	stakeholders. 4
60	153
61		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
62		-	That: 9
	154	+	(g) The Collaborative shall: 5
63	155
64		-	(a) The Maryland Commission for Women in the Department of Human Services 10
65		-	shall establish the Maryland Collaborative to Advance Implementation of Coverage of 11
66		-	Over–the–Counter Birth Control. 12
	156	+	(1) study: 6
67	157
68		-	(b) The Collaborative consists of the following members: 13
	158	+	(i) responses to the request for information on over–the–counter 7
	159	+	coverage of preventive services published on October 4, 2023, from the U.S. Department of 8
	160	+	Labor, the U.S. Department of the Treasury, and the U.S. Department of Health and 9
	161	+	Human Services; 10
69	162
70		-	(1) ~~one representative of~~ the ~~Maryland Insurance Administration,~~ 14
71		-	~~designated~~ by the ~~Commissioner~~ of ~~the Maryland Insurance Administration~~; 15
	163	+	(ii) responses to the proposed rule on over–the–counter coverage 11
	164	+	issued by the U.S. Department of Health and Human Services on October 21, 2024; 12
72	165
73		-	(2) two representatives of the Maryland Department of Health, designated 16
74		-	by the Secretary of Health, of whom: 17
	166	+	(iii) the report developed in consultation with policy experts in states 13
	167	+	with over–the–counter coverage laws and published by Ibis Reproductive Health on 14
	168	+	November 4, 2024, titled “Free the Pill and Cover it Too: Strategies for Making OTC 15
	169	+	Coverage Work in the Real World”; and 16
75	170
76		-	(i) ~~one shall be a representative of the Maryland Medical Assistance 18~~
77		-	~~Program~~; and 19
	171	+	(iv) other reports and materials on implementing coverage for 17
	172	+	over–the–counter birth control; and 18
78	173
79		-	(ii) ~~one shall be a representative of public health; 20~~
	174	+	(2) make recommendations on its findings. 19
80	175
81		-	(3) one representative of the Department of Budget and Management with 21
82		-	expertise in the State Employee and Retiree Health and Welfare Benefits Program, 22
83		-	designated by the Secretary of Budget and Management; 23
	176	+	(h) The Collaborative may consult with: 20
84	177
85		-	(4) ~~one representative of the Maryland Health Benefit Exchange,~~ 24
86		-	~~designated by the Executive Director of the Maryland Health Benefit Exchange~~; ~~and 25~~
	178	+	(1) organizations with expertise in advancing equitable access to birth 21
	179	+	control for all communities; 22
87	180
88		-	(5) the following members, appointed by the Secretary of Human Services: 26
	181	+	(2) retailers, independent and chain pharmacies, pharmacists, online retail 23
	182	+	platforms, wellness vending machine companies, and any other entity involved in providing 24
	183	+	over–the–counter contraception; 25
89	184
90		-	(i) one representative of Ibis Reproductive Health; 27
	185	+	(3) insurers, managed care organizations, pharmacy benefits managers, 26
	186	+	entities that administer cards for health savings accounts or flexible spending accounts, 27
	187	+	and any other organizations involved in administering coverage of over–the–counter 28
	188	+	contraception; and 29
91	189
92		-	(ii) one representative of the National Health Law Program; 28
93		-
94		-	(iii) one representative of the American Society for Emergency 29
95		-	Contraception; 30
96		-	HOUSE BILL 939 3
	190	+	(4) community health centers, local health departments, and 30
	191	+	community–based organizations that support communities that have historically not been 31
	192	+	engaged with the health care system. 32
	193	+	HOUSE BILL 939 5
97	194
98	195
99		-	(iv) two representatives of Maryland–based reproductive justice 1
100		-	organizations; 2
	196	+	(i) (1) On or before January 1, 2026, the Collaborative shall submit an interim 1
	197	+	report of its findings and recommendations to the Governor and, in accordance with § 2
	198	+	2–1257 of the State Government Article, the General Assembly. 3
101	199
102		-	(v) one representative of Advocates for Youth; 3
	200	+	(2) On or before December 1, 2027, the Collaborative shall submit a final 4
	201	+	report of its findings and recommendations to the Governor and, in accordance with § 5
	202	+	2–1257 of the State Government Article, the General Assembly. 6
103	203
104		-	(vi) one representative of the Maryland Retailers Alliance; 4
105		-
106		-	(vii) one representative of the Maryland Association of Chain Drug 5
107		-	Stores; 6
108		-
109		-	(viii) one representative of the Independent Pharmacies of Maryland; 7
110		-
111		-	(ix) one representative of the Maryland Pharmacist Association; 8
112		-
113		-	(x) one representative of the League of Life and Health Insurers of 9
114		-	Maryland; 10
115		-
116		-	(xi) one representative of a pharmacy benefits manager; 11
117		-
118		-	(xii) one representative of the Maryland Managed Care Organization 12
119		-	Association; 13
120		-
121		-	(xiii) one representative of a public higher education institution that 14
122		-	provides student health insurance; and 15
123		-
124		-	(xiv) one representative of the Consumer Health Information Hub at 16
125		-	the University of Maryland School of Public Health. 17
126		-
127		-	(c) The chair of the Maryland Commission for Women shall designate the chair 18
128		-	of the Collaborative. 19
129		-
130		-	(d) The Maryland Commission for Women shall provide staff for the 20
131		-	Collaborative. 21
132		-
133		-	(e) A member of the Collaborative: 22
134		-
135		-	(1) may not receive compensation as a member of the Collaborative; but 23
136		-
137		-	(2) is entitled to reimbursement for expenses under the Standard State 24
138		-	Travel Regulations, as provided in the State budget. 25
139		-
140		-	(f) The purpose of the Collaborative is to study and make recommendations to 26
141		-	advance access to over–the–counter birth control through: 27
142		-
143		-	(1) implementation of State coverage requirements for over–the–counter 28
144		-	birth control at pharmacies; 29
145		-	4 HOUSE BILL 939
146		-
147		-
148		-	(2) advancement of point–of–sale coverage options at retail counters, 1
149		-	virtual retail platforms, and vending machines; 2
150		-
151		-	(3) identification of public health initiatives to increase access to 3
152		-	over–the–counter birth control for individuals who: 4
153		-
154		-	(i) do not have over–the–counter birth control coverage; or 5
155		-
156		-	(ii) cannot access over–the–counter birth control coverage; and 6
157		-
158		-	(4) enhancement of education and engagement of consumers, health care 7
159		-	practitioners, public health and community programs, and health care industry 8
160		-	stakeholders. 9
161		-
162		-	(g) The Collaborative shall: 10
163		-
164		-	(1) study: 11
165		-
166		-	(i) responses to the request for information on over–the–counter 12
167		-	coverage of preventive services published on October 4, 2023, from the U.S. Department of 13
168		-	Labor, the U.S. Department of the Treasury, and the U.S. Department of Health and 14
169		-	Human Services; 15
170		-
171		-	(ii) responses to the proposed rule on over–the–counter coverage 16
172		-	issued by the U.S. Department of Health and Human Services on October 21, 2024; 17
173		-
174		-	(iii) the report developed in consultation with policy experts in states 18
175		-	with over–the–counter coverage laws and published by Ibis Reproductive Health on 19
176		-	November 4, 2024, titled “Free the Pill and Cover it Too: Strategies for Making OTC 20
177		-	Coverage Work in the Real World”; and 21
178		-
179		-	(iv) other reports and materials on implementing coverage for 22
180		-	over–the–counter birth control; and 23
181		-
182		-	(2) make recommendations on its findings. 24
183		-
184		-	(h) The Collaborative may consult with: 25
185		-
186		-	(1) health professional associations and other organizations with expertise 26
187		-	in advancing equitable access to birth control for all communities; 27
188		-
189		-	(2) retailers, independent and chain pharmacies, pharmacists, online retail 28
190		-	platforms, wellness vending machine companies, and any other entity involved in providing 29
191		-	over–the–counter contraception; 30
192		-
193		-	(3) insurers, managed care organizations, pharmacy benefits managers, 31
194		-	entities that administer cards for health savings accounts or flexible spending accounts, 32 HOUSE BILL 939 5
195		-
196		-
197		-	and any other organizations involved in administering coverage of over–the–counter 1
198		-	contraception; and 2
199		-
200		-	(4) community health centers, local health departments, and 3
201		-	community–based organizations that support communities that have historically not been 4
202		-	engaged with the health care system. 5
203		-
204		-	(i) (1) On or before January 1, 2026, the Collaborative shall submit an interim 6
205		-	report of its findings and recommendations to the Governor and, in accordance with § 7
206		-	2–1257 of the State Government Article, the General Assembly. 8
207		-
208		-	(2) On or before December 1, 2027, the Collaborative shall submit a final 9
209		-	report of its findings and recommendations to the Governor and, in accordance with § 10
210		-	2–1257 of the State Government Article, the General Assembly. 11
211		-
212		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
213		-	1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 13
214		-	this Act, with no further action required by the General Assembly, shall be abrogated and 14
215		-	of no further force and effect. 15
216		-
217		-
218		-
219		-
220		-	Approved:
221		-	________________________________________________________________________________
222		-	Governor.
223		-	________________________________________________________________________________
224		-	Speaker of the House of Delegates.
225		-	________________________________________________________________________________
226		-	President of the Senate.
	204	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
	205	+	1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 8
	206	+	this Act, with no further action required by the General Assembly, shall be abrogated and 9
	207	+	of no further force and effect. 10