Maryland Chapter 247 - 2023RS
Chapter 247
(House Bill 808)
AN ACT concerning
Reproductive Health Protection Act
Article — Courts and Judicial Proceedings
Section 9-302(a) and (b), 9-402(a), 10-408(c), and 11-802(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
Article — Criminal Procedure
Section 9-106
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
Article — Health Occupations
Section 1-227
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
Article – Insurance
Section 15–857
Annotated Code of Maryland
(2017 Replacement Volume and 2022 Supplement)
Article – Insurance
Section 19–117
Annotated Code of Maryland
(2017 Replacement Volume and 2022 Supplement)
Article – State Personnel and Pensions
Section 2–312
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
9–302.
(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in the State certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, that a person being within the State is a material witness in the prosecution, or grand jury investigation, and that [his] THE presence OF THAT PERSON will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record, in the county in which the person is, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
(b) (1) (I) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF at [the] A hearing UNDER THIS SUBSECTION the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to [him] THE WITNESS protection from arrest and the service of civil and criminal process, [he] THE JUDGE shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons.
(II) In [the] A hearing UNDER THIS SUBSECTION, the certificate shall be prima facie evidence of all the facts stated therein.
(2) (I) IN THIS PARAGRAPH, “LEGALLY PROTECTED HEALTH CARE” HAS THE MEANING STATED IN § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(II) A JUDGE MAY NOT ORDER A PERSON WITHIN THE STATE TO GIVE TESTIMONY OR A STATEMENT, OR PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR OTHER TANGIBLE THINGS UNDER THIS SUBSECTION, IN A CASE WHERE PROSECUTION IS PENDING, OR WHERE A GRAND JURY INVESTIGATION HAS COMMENCED OR IS ABOUT TO COMMENCE, FOR A VIOLATION OF A CRIMINAL LAW OF ANOTHER STATE INVOLVING THE PROVISION OF, RECEIPT OF, OR ASSISTANCE WITH LEGALLY PROTECTED HEALTH CARE IN THE STATE, UNLESS THE ACTS FORMING THE BASIS OF THE PROSECUTION OR INVESTIGATION WOULD CONSTITUTE A CRIME IN THIS STATE.
9–402.
(a) (1) IN THIS SUBSECTION, “LEGALLY PROTECTED HEALTH CARE” HAS THE MEANING STATED IN § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(2) (I) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State.
(II) THE REQUEST UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE A SWORN, WRITTEN STATEMENT SIGNED UNDER PENALTY OF PERJURY BY THE PARTY SEEKING ENFORCEMENT, OR THE PARTY’S COUNSEL, THAT NO PORTION OF THE SUBPOENA IS INTENDED OR ANTICIPATED TO FURTHER ANY INVESTIGATION OR PROCEEDING RELATED TO LEGALLY PROTECTED HEALTH CARE, UNLESS THE OUT–OF–STATE PROCEEDING IS:
1. BASED IN TORT, CONTRACT, OR STATUTE;
2. A CLAIM FOR WHICH A SIMILAR OR EQUIVALENT CLAIM WOULD EXIST IN THE STATE; AND3. A. BROUGHT BY THE PATIENT WHO RECEIVED LEGALLY PROTECTED HEALTH CARE, OR THE PATIENT’S LEGAL REPRESENTATIVE; OR
B. BASED ON CONDUCT THAT WOULD BE PROHIBITED UNDER THE LAWS OF THIS STATE.
[(2)](3) A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.
10–408.
(c) (1) [Upon the] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION, ON application, the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral, or electronic communications within the territorial jurisdiction permitted under paragraphs (2) and (3) of this subsection, if the judge determines on the basis of the facts submitted by the applicant that:
(i) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in § 10–406 of this subtitle;
(ii) There is probable cause for belief that particular communications concerning that offense will be obtained through the interception;
(iii)Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and
(iv)There is probable cause for belief:
1. That the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by this person in accordance with subsection (a)(1) of this section; or
2. That the actions of the individual whose communications are to be intercepted could have the effect of thwarting an interception from a specified facility in accordance with subsection (a)(2) of this section.
(2) Except as provided in paragraphs (3) and (4) of this subsection, an ex parte order issued under paragraph (1) of this subsection may authorize the interception of wire, oral, or electronic communications only within the territorial jurisdiction of the court in which the application was filed.(3) If an application for an ex parte order is made by the Attorney General, the State Prosecutor, or a State’s Attorney, an order issued under paragraph (1) of this subsection may authorize the interception of communications received or sent by a communication device anywhere within the State so as to permit the interception of the communications regardless of whether the communication device is physically located within the jurisdiction of the court in which the application was filed at the time of the interception. The application must allege that the offense being investigated may transpire in the jurisdiction of the court in which the application is filed.
(4) In accordance with this subsection, a judge of competent jurisdiction may authorize continued interception within the State, both within and outside the judge’s jurisdiction, if the original interception occurred within the judge’s jurisdiction.
(5) (I) IN THIS PARAGRAPH, “LEGALLY PROTECTED HEALTH CARE” HAS THE MEANING STATED IN § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(II) A JUDGE MAY NOT ISSUE AN EX PARTE ORDER UNDER THIS SECTION FOR THE PURPOSE OF INVESTIGATING OR RECOVERING EVIDENCE OF ACTIONS RELATED TO LEGALLY PROTECTED HEALTH CARE, UNLESS THE ACTS FORMING THE BASIS FOR THE INVESTIGATION OR RECOVERY OF EVIDENCE WOULD CONSTITUTE A CRIME IN THIS STATE.
11–802.
(a) (1) IN THIS SUBSECTION, “LEGALLY PROTECTED HEALTH CARE” HAS THE MEANING STATED UNDER § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(2) (i) Except as provided in subparagraphs (ii) [and], (iii), AND (IV) of this paragraph, a copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this State may be filed in the office of the clerk of a circuit court.
(ii) If the face amount of the judgment is $2,500 or less, the copy shall be filed with the clerk of the District Court.
(iii) If the face amount of the judgment is not more than a jurisdictional amount described in § 4–401 of this article, but more than $2,500, the copy may be filed either with the clerk of the District Court or in the office of the clerk of a circuit court.
(IV) EXCEPT AS REQUIRED BY FEDERAL LAW, A JUDGMENT CREDITOR MAY NOT FILE A COPY OF ANY FOREIGN JUDGMENT UNDER THIS SECTION IF THE JUDGMENT WAS ISSUED IN CONNECTION WITH ANY LITIGATION CONCERNING LEGALLY PROTECTED HEALTH CARE, UNLESS THE UNDERLYING CAUSE OF ACTION IS:
1. BASED IN TORT, CONTRACT, OR STATUTE;
2. A CLAIM FOR WHICH A SIMILAR OR EQUIVALENT CLAIM WOULD EXIST IN THE STATE; AND
3. A. BROUGHT BY THE PATIENT WHO RECEIVED LEGALLY PROTECTED HEALTH CARE, OR THE PATIENT’S LEGAL REPRESENTATIVE; OR
B. BASED ON CONDUCT THAT WOULD BE PROHIBITED UNDER THE LAWS OF THIS STATE.
[(2)](3) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.
Article – Criminal Procedure
9–106.
(a) (1) [The] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in the other state in the manner provided in § 9–103 of this title with committing an act in this State or in a third state that intentionally results in a crime in the state whose executive authority is making the demand.
[(b)](2) The provisions of this title that are not otherwise inconsistent shall apply to [those] cases DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
(B) (1) IN THIS SUBSECTION, “LEGALLY PROTECTED HEALTH CARE SERVICES” HAS THE MEANING STATED IN § 20–211 OF THE HEAlTH – GENERAL 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
Article – Health Occupations
1–227.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(2) “HEALTH CARE PRACTITIONER” MEANS AN INDIVIDUAL WHO IS A LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY LAW TO PROVIDE HEALTH CARE SERVICES UNDER THIS ARTICLE.
(3) “LEGALLY PROTECTED HEALTH CARE” HAS THE MEANING STATED IN § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(B) A HEALTH OCCUPATIONS BOARD MAY NOT REVOKE, SUSPEND, DISCIPLINE, TAKE AN ADVERSE ACTION AGAINST, OR REFUSE TO ISSUE OR RENEW A LICENSE, CERTIFICATION, OR OTHER AUTHORIZATION TO PRACTICE FOR ANY HEALTH CARE PRACTITIONER IN WHOLE OR IN PART BECAUSE OF THE PROVISION OR SUPPORT OF THE PROVISION OF LEGALLY PROTECTED HEALTH CARE IF THE LEGALLY PROTECTED HEALTH CARE WAS PROVIDED IN ACCORDANCE WITH THE STANDARD OF CARE AS DETERMINED BY THE RELEVANT HEALTH OCCUPATIONS BOARD ESTABLISHED UNDER THIS ARTICLE AND IN ACCORDANCE WITH THE LAWS OF THIS STATE.
(C) A HEALTH OCCUPATIONS BOARD MAY NOT REVOKE, SUSPEND, DISCIPLINE, TAKE AN ADVERSE ACTION AGAINST, OR REFUSE TO ISSUE OR RENEW A LICENSE, CERTIFICATION, OR OTHER AUTHORIZATION TO PRACTICE FOR ANY HEALTH CARE PRACTITIONER IF THE HEALTH CARE PRACTITIONER IS DISCIPLINED BY A LICENSURE BOARD IN ANOTHER STATE IN WHOLE OR IN PART BECAUSE OF THE PROVISION OR SUPPORT OF THE PROVISION OF LEGALLY PROTECTED HEALTH CARE IF THE LEGALLY PROTECTED HEALTH CARE WAS PROVIDED IN ACCORDANCE WITH THE STANDARD OF CARE AS DETERMINED BY THE RELEVANT HEALTH OCCUPATIONS BOARD ESTABLISHED UNDER THIS ARTICLE AND IN ACCORDANCE WITH THE LAWS OF THIS STATE.
Article – Insurance
15–857.
(a) (1) This section applies to:(i) insurers and nonprofit health service plans that provide labor and delivery coverage to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and
(ii) health maintenance organizations that provide labor and delivery coverage to individuals or groups under contracts that are issued or delivered in the State.
(2) This section does not apply to[:
(i)] a multistate plan that does not provide coverage for abortions in accordance with 42 U.S.C. § 18054(a)(6)[; or
(ii) a high–deductible plan, as defined in 26 U.S.C. § 223(c)(2)(C) of the Internal Revenue Code, unless the Commissioner determines that abortion care is not excluded from the safe harbor provisions for preventive care under § 223(c)(2)(C) of the Internal Revenue Code].
(3) An organization that is eligible to obtain an exclusion from the coverage requirements under § 15–826 of this subtitle may obtain from an entity subject to this section an exclusion from the coverage and notice requirements of this section if the requirements conflict with the organization’s bona fide religious beliefs and practices.
(b) Except as provided in subsection (c) OR (D) of this section, an entity subject to this section shall:
(1) cover abortion care services without:
(i) a deductible, coinsurance, copayment, or any other cost–sharing requirement; and
(ii) restrictions that are inconsistent with the protected rights under Title 20, Subtitle 2 of the Health – General Article; and
(2) provide information to consumers about abortion care coverage using the terminology “abortion care” to describe coverage.
(c) If the Commissioner determines that enforcement of this section may adversely affect the allocation of federal funds to the State, the Commissioner may grant an exemption to the requirements of this section to the minimum extent necessary to ensure the continued receipt of federal funds.
(D) A HIGH–DEDUCTIBLE PLAN, AS DEFINED IN 26 U.S.C. § 223(C)(2)(C) OF THE INTERNAL REVENUE CODE, IS EXEMPT FROM THE REQUIREMENTS OF THIS SECTION IF THE COMMISSIONER DETERMINES THAT ABORTION CARE SERVICES ARE EXCLUDED FROM THE SAFE HARBOR PROVISIONS FOR PREVENTIVE CARE UNDER § 223(C)(2)(C) OF THE INTERNAL REVENUE CODE.
19–117.
(A) (1) IN THIS SECTION, “ADVERSE ACTION” INCLUDES:
(1) (I) REFUSING TO RENEW OR EXECUTE A CONTRACT OR AGREEMENT WITH A HEALTH CARE PRACTITIONER;
(2) (II) MAKING A REPORT OR COMMENTING TO AN APPROPRIATE PRIVATE OR GOVERNMENTAL ENTITY REGARDING PRACTICES OF LEGALLY PROTECTED HEALTH CARE AS DEFINED IN § 2–312 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; AND
(3) (III) INCREASING A PREMIUM FOR OR MAKING ANOTHER TYPE OF UNFAVORABLE CHANGE REGARDING TERMS OF COVERAGE UNDER A MEDICAL PROFESSIONAL LIABILITY INSURANCE CONTRACT AGREEMENT WITH A HEALTH CARE PRACTITIONER.
(2) “ADVERSE ACTION” DOES NOT INCLUDE MAKING A RATE FILING IN ACCORDANCE WITH § 11–206 OF THIS ARTICLE.
(B) AN INSURER THAT ISSUES TO, DELIVERS TO, OR RENEWS MEDICAL PROFESSIONAL LIABILITY INSURANCE FOR A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY LAW TO PRACTICE IN THE STATE MAY NOT TAKE ADVERSE ACTION AGAINST A HEALTH CARE PRACTITIONER IN WHOLE OR IN PART BECAUSE THE HEALTH CARE PRACTITIONER PROVIDES LEGALLY PROTECTED HEALTH CARE OR MAKES A REFERRAL FOR LEGALLY PROTECTED HEALTH CARE.
(C) THIS SECTION DOES NOT PROHIBIT THE MEDICAL PROFESSIONAL LIABILITY INSURER FROM TAKING ADVERSE ACTION AGAINST A HEALTH CARE PRACTITIONER FOR CONDUCT THAT WOULD OTHERWISE CONSTITUTE PROFESSIONAL MISCONDUCT.
Article – State Personnel and Pensions
2–312.
(A) IN THIS SECTION, “LEGALLY PROTECTED HEALTH CARE” MEANS ALL REPRODUCTIVE HEALTH SERVICES, MEDICATIONS, AND SUPPLIES RELATED TO THE DIRECT PROVISION OR SUPPORT OF THE PROVISION OF CARE RELATED TO PREGNANCY, CONTRACEPTION, ASSISTED REPRODUCTION, AND ABORTION THAT IS LAWFUL IN THE STATE.
(B) THIS SECTION DOES NOT APPLY TO AN INTERSTATE INVESTIGATION OR PROCEEDING DESCRIBED UNDER SUBSECTION (C) OF THIS SECTION IF:
(1) THE INTERSTATE INVESTIGATION OR PROCEEDING CONCERNS CONDUCT THAT WOULD BE SUBJECT TO CIVIL LIABILITY, CRIMINAL LIABILITY, OR ADMINISTRATIVE SANCTION IF COMMITTED IN THE STATE; OR
(2) THE SUBJECT OF THE INTERSTATE INVESTIGATION OR PROCEEDING SUBMITS A WRITTEN REQUEST TO PROVIDE INFORMATION OR ASSISTANCE TO THE INVESTIGATION OR PROCEEDING.
(C) AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, AN AGENT OR EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE ACTING IN THE AGENT’S OR EMPLOYEE’S OFFICIAL CAPACITY, OR A PRIVATE PARTY PROVIDING SERVICES ON BEHALF OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, MAY NOT PROVIDE INFORMATION, EXPEND TIME OR MONEY, OR USE STATE FACILITIES, STATE PROPERTY, STATE EQUIPMENT, STATE PERSONNEL, OR OTHER STATE RESOURCES IN FURTHERANCE OF ANY INTERSTATE INVESTIGATION OR PROCEEDING SEEKING TO IMPOSE CIVIL OR CRIMINAL LIABILITY ON, OR ADMINISTRATIVE SANCTION AGAINST, A PERSON FOR ANY ACTIVITY RELATING TO LEGALLY PROTECTED HEALTH CARE IF THE ACTIVITY WOULD NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTION IN THE STATE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October June 1, 2023.
Approved by the Governor, May 3, 2023.
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