Text of MD HB 1120 (2020)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1120* HOUSE BILL 1120 D5, J3, J2 0lr3236 CF SB 738 By: Delegate Kelly Introduced and read first time: February 6, 2020 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Health Care Providers and Health Benefit Plans – Discrimination in Provision 2 of Services 3 FOR the purpose of altering the actions with regard to which hospitals and related 4 institutions are prohibited from discriminating against individuals on certain bases; 5 altering the characteristics of an individual on the basis of which hospitals and 6 related institutions are prohibited from discriminating against the individual in 7 certain actions; providing that certain provisions of this Act do not prohibit certain 8 persons from refusing, withholding from, or denying any person services for certain 9 reasons except under certain circumstances; prohibiting certain persons licensed or 10 regulated by certain units in the Maryland Department of Health from refusing, 11 withholding from, or denying any person certain services on certain bases; 12 prohibiting certain persons that have a certificate of authority from the Maryland 13 Insurance Administration from refusing, withholding from, or denying any person 14 certain services on certain bases; stating the policy of the State; defining certain 15 terms; altering a certain definition; and generally relating to prohibiting 16 discrimination by health care providers and persons providing health benefit plans. 17 BY repealing and reenacting, with amendments, 18 Article – Health – General 19 Section 19–355 20 Annotated Code of Maryland 21 (2019 Replacement Volume) 22 BY repealing and reenacting, with amendments, 23 Article – State Government 24 Section 20–101 25 Annotated Code of Maryland 26 (2014 Replacement Volume and 2019 Supplement) 27 BY adding to 28 2 HOUSE BILL 1120 Article – State Government 1 Section 20–4A–01 through 20–4A–03 to be under the new subtitle “Subtitle 4A. 2 Discrimination by Persons Licensed or Regulated by Maryland Department of 3 Health or Maryland Insurance Administration” 4 Annotated Code of Maryland 5 (2014 Replacement Volume and 2019 Supplement) 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That the Laws of Maryland read as follows: 8 Article – Health – General 9 19–355. 10 (a) IN THIS SECTION, “GENDER IDENTITY” AND “SEXUAL ORIENTATION” 11 HAVE THE MEANINGS STATED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE. 12 (B) A hospital or related institution may not REFUSE, WITHHOLD FROM, OR 13 DENY TO ANY INDIVIDUAL MEDICAL SERVICES OR OTHERWISE discriminate [in 14 providing personal care for an] AGAINST ANY individual WITH RESPECT TO THE 15 INDIVIDUAL’S MEDICAL CARE because of the race, color, RELIGION, SEX, AGE, [or] 16 national origin, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, 17 GENETIC INFORMATION, OR DISABILITY of the individual. 18 [(b)] (C) The Commission on Civil Rights shall enforce this section as provided 19 in Title 20 of the State Government Article. 20 Article – State Government 21 20–101. 22 (a) In Subtitles 1 through 11 of this title the following words have the meanings 23 indicated. 24 (b) “Commission” means the Commission on Civil Rights. 25 (c) “Complainant” means a person that files a complaint alleging a discriminatory 26 act under this title. 27 (d) “Discriminatory act” means an act prohibited under: 28 (1) Subtitle 3 of this title (Discrimination in Places of Public 29 Accommodation); 30 (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 31 by Maryland Department of Labor); 32 HOUSE BILL 1120 3 (3) SUBTITLE 4A OF THIS TITLE (DISCRIMINATION BY PERSONS 1 LICENSED OR REGULATED BY MARYLAND DEPARTMENT OF HEALTH OR 2 MARYLAND INSURANCE ADMINISTRATION); 3 (4) Subtitle 5 of this title (Discrimination in Leasing of Commercial 4 Property); 5 [(4)] (5) Subtitle 6 of this title (Discrimination in Employment); 6 [(5)] (6) Subtitle 7 of this title (Discrimination in Housing); or 7 [(6)] (7) Subtitle 8 of this title (Aiding, Abetting, or Attempting 8 Discriminatory Act; Obstructing Compliance). 9 (e) “Gender identity” means the gender–related identity, appearance, expression, 10 or behavior of a person, regardless of the person’s assigned sex at birth, which may be 11 demonstrated by: 12 (1) consistent and uniform assertion of the person’s gender identity; or 13 (2) any other evidence that the gender identity is sincerely held as part of 14 the person’s core identity. 15 (f) (1) “Respondent” means a person accused in a complaint of a 16 discriminatory act. 17 (2) “Respondent” includes a person identified during an investigation of a 18 complaint and joined as an additional or substitute respondent. 19 (g) “Sexual orientation” means the identification of an individual as to male or 20 female homosexuality, heterosexuality, or bisexuality. 21 SUBTITLE 4A. DISCRIMINATION BY PERSONS LICENSED OR REGULATED BY 22 MARYLAND DEPARTMENT OF HEALTH OR MARYLAND INSURANCE 23 ADMINISTRATION. 24 20–4A–01. 25 IT IS THE POLICY OF THE STATE TO: 26 (1) PROVIDE AFFORDABLE HEALTH CARE THROUGHOUT THE STATE 27 TO ALL REGARDLESS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, 28 MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, GENETIC 29 INFORMATION, OR DISABILITY; AND 30 4 HOUSE BILL 1120 (2) PROHIBIT DISCRIMINATION WITH RESPECT TO THE PROVISION OF 1 HEALTH CARE BY ANY PERSON, IN ORDER TO PROTECT AND ENSURE THE PEACE, 2 HEALTH, SAFETY, PROSPERITY, AND GENERAL WELFARE OF ALL. 3 20–4A–02. 4 (A) THIS SECTION DOES NOT PROHIBIT A PERSON THAT IS LICENSED OR 5 OTHERWISE REGULATED BY THE MARYLAND DEPARTMENT OF HEALTH FROM 6 REFUSING, WITHHOLDING FROM, OR DENYING ANY PERSON SERVICES FOR FAILURE 7 TO CONFORM TO THE USUAL AND REGULAR REQUIREMENTS, STANDARDS, AND 8 REGULATIONS IMPOSED BY THE LICENSED OR REGULATED PERSON, UNLESS THE 9 REFUSAL, WITHHOLDING, OR DENIAL IS BASED ON DISCRIMINATION ON THE 10 GROUNDS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL 11 STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, GENETIC INFORMATION, OR 12 DISABILITY. 13 (B) A PERSON THAT IS LICENSED OR OTHERWISE REGULATED BY A UNIT IN 14 THE MARYLAND DEPARTMENT OF HEALTH DESCRIBED UNDER § 2–106 OF THE 15 HEALTH – GENERAL ARTICLE MAY NOT REFUSE, WITHHOLD FROM, OR DENY ANY 16 PERSON ANY SERVICES OF THE LICENSED OR REGULATED PERSON OR OTHERWISE 17 DISCRIMINATE AGAINST ANY PERSON BECAUSE OF THE PERSON’S RACE, COLOR, 18 RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, 19 GENDER IDENTITY, GENETIC INFORMATION, OR DISABILITY. 20 20–4A–03. 21 (A) THIS SECTION DOES NOT PROHIBIT A PERSON THAT IS REGULATED BY 22 THE MARYLAND INSURANCE ADMINISTRATION FROM REFUSING, WITHHOLDING 23 FROM, OR DENYING ANY PERSON SERVICES FOR FAILURE TO CONFORM TO THE 24 USUAL AND REGULAR REQUIREMENTS, STANDARDS, AND REGULATIONS IMPOSED 25 BY THE REGULATED PERSON, UNLESS THE REFUSAL, WITHHOLDING, OR DENIAL IS 26 BASED ON DISCRIMINATION ON THE GROUNDS OF RACE, COLOR, RELIGION, SEX, 27 AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, GENDER 28 IDENTITY, GENETIC INFORMATION, OR DISABILITY. 29 (B) A PERSON, INCLUDING A HEALTH MAINTENANCE ORGANIZATION, THAT 30 PROVIDES HEALTH BENEFIT PLANS AND HAS A CERTIFICATE OF AUTHORITY ISSUED 31 BY THE MARYLAND INSURANCE ADMINISTRATION MAY NOT REFUSE, WITHHOLD 32 FROM, OR DENY ANY PERSON ANY SERVICES OF THE PERSON OR OTHERWISE 33 DISCRIMINATE AGAINST ANY PERSON BECAUSE OF THE PERSON’S RACE, COLOR, 34 RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, 35 GENDER IDENTITY, GENETIC INFORMATION, OR DISABILITY. 36 HOUSE BILL 1120 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2020. 2

EXPLANATION: CAPITALS INDICATE MATTER 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. *hb1120* HOUSE BILL 1120 D5, J3, J2 0lr3236 CF SB 738 By: Delegate Kelly Introduced and read first time: February 6, 2020 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 11, 2020 CHAPTER ______ AN ACT concerning 1 Health Care Providers and Health Benefit Plans – Discrimination in Provision 2 of Services 3 FOR the purpose of altering the actions with regard to which hospitals and related 4 institutions are prohibited from discriminating against individuals on certain bases; 5 providing that the Secretary of Health or certain units of the Maryland Department 6 of Health have exclusive jurisdiction to enforce certain laws by certain action; 7 establishing that the Commission on Civil Rights and the Secretary or certain units 8 have concurrent jurisdiction over certain discrimination; authorizing the 9 Commission to take certain action when the Secretary or certain units have exclusive 10 jurisdiction; requiring the Secretary or certain units to notify the Commission of 11 certain hearings; requiring the Secretary or certain units to give the Commission 12 certain information regarding certain complaints under certain circumstances; 13 requiring the Secretary or certain units and the Commission to set certain 14 guidelines; altering the characteristics of an individual on the basis of which 15 hospitals and related institutions are prohibited from discriminating against the 16 individual in certain actions; providing that certain provisions of this Act do not 17 prohibit certain persons, hospitals, and related institutions from refusing, 18 withholding from, or denying any person services for certain reasons except under 19 certain circumstances; prohibiting certain persons licensed or regulated by certain 20 units in the Maryland Department of Health from refusing, withholding from, or 21 denying any person certain services on certain bases; prohibiting certain persons 22 that have a certificate of authority from the Maryland Insurance Administration 23 from refusing, withholding from, or denying any person certain services on certain 24 bases; stating the policy of the State; defining certain terms; altering a certain 25 2 HOUSE BILL 1120 definition; and generally relating to prohibiting discrimination by health care 1 providers and persons providing health benefit plans. 2 BY adding to 3 Article – Health – General 4 Section 2–1001 through 2–1004 to be under the new subtitle “Subtitle 10. Prohibition 5 on Discrimination” 6 Annotated Code of Maryland 7 (2019 Replacement Volume) 8 BY repealing and reenacting, with amendments, 9 Article – Health – General 10 Section 19–355 11 Annotated Code of Maryland 12 (2019 Replacement Volume) 13 BY repealing and reenacting, with amendments, 14 Article – State Government 15 Section 20–101 16 Annotated Code of Maryland 17 (2014 Replacement Volume and 2019 Supplement) 18 BY adding to 19 Article – State Government 20 Section 20–4A–01 through 20–4A–03 to be under the new subtitle “Subtitle 4A. 21 Discrimination by Persons Licensed or Regulated by Maryland Department of 22 Health or Maryland Insurance Administration” 23 Annotated Code of Maryland 24 (2014 Replacement Volume and 2019 Supplement) 25 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 That the Laws of Maryland read as follows: 27 Article – Health – General 28 SUBTITLE 10. PROHIBITION ON DISCRIMINATION. 29 2–1001. 30 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 31 INDICATED. 32 (B) “COMMISSION” MEANS THE COMMISSION ON CIVIL RIGHTS. 33 (C) “GENDER IDENTITY” HAS THE MEANING STATED IN § 20–101 OF THE 34 STATE GOVERNMENT ARTICLE. 35 HOUSE BILL 1120 3 (D) “SEXUAL ORIENTATION” HAS THE MEANING STATED IN § 20–101 OF THE 1 STATE GOVERNMENT ARTICLE. 2 (E) “UNIT OF THE DEPARTMENT” MEANS A UNIT DESCRIBED UNDER § 3 2–106 OF THIS TITLE. 4 2–1002. 5 IT IS THE POLICY OF THE STATE TO: 6 (1) PROVIDE AFFORDABLE HEALTH CARE THROUGHOUT THE STATE 7 TO ALL REGARDLESS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, 8 MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY; AND 9 (2) PROHIBIT DISCRIMINATION WITH RESPECT TO THE PROVISION OF 10 HEALTH CARE BY ANY PERSON, IN ORDER TO PROTECT AND ENSURE THE PEACE, 11 HEALTH, SAFETY, PROSPERITY, AND GENERAL WELFARE OF ALL. 12 2–1003. 13 (A) (1) NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED 14 IN PARAGRAPH (2) OF THIS SUBSECTION, THE SECRETARY OR A UNIT OF THE 15 DEPARTMENT HAS EXCLUSIVE JURISDICTION TO ENFORCE BY ADMINISTRATIVE 16 ACTION THE LAWS OF THE STATE AS PROVIDED FOR UNDER THIS ARTICLE AND THE 17 HEALTH OCCUPATIONS ARTICLE. 18 (2) THE COMMISSION ON CIVIL RIGHTS HAS CONCURRENT 19 JURISDICTION WITH THE SECRETARY OR A UNIT OF THE DEPARTMENT OVER 20 ALLEGED DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, AGE, 21 NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, OR 22 DISABILITY. 23 (B) WHEN THE SECRETARY OR A UNIT OF THE DEPARTMENT HAS 24 EXCLUSIVE JURISDICTION UNDER SUBSECTION (A) OF THIS SECTION, THE 25 COMMISSION MAY: 26 (1) REFER COMPLAINTS ABOUT DISCRIMINATORY PRACTICES TO THE 27 SECRETARY OR THE UNIT OF THE DEPARTMENT; 28 (2) APPEAR BEFORE THE SECRETARY OR THE UNIT OF THE 29 DEPARTMENT AS A PARTY AT A HEARING ABOUT DISCRIMINATORY PRACTICES; 30 4 HOUSE BILL 1120 (3) MAKE RECOMMENDATIONS ABOUT DISCRIMINATORY PRACTICES 1 TO THE SECRETARY OR THE UNIT OF THE DEPARTMENT; 2 (4) REPRESENT A COMPLAINANT IN A PROCEEDING AUTHORIZED 3 UNDER THIS ARTICLE OR THE HEALTH OCCUPATIONS ARTICLE THAT IS RELATED 4 TO DISCRIMINATORY PRACTICES; OR 5 (5) APPEAL AS A PARTY AGGRIEVED BY AN ORDER OR DECISION OF 6 THE SECRETARY OR THE UNIT OF THE DEPARTMENT IN A PROCEEDING 7 AUTHORIZED UNDER THIS ARTICLE OR THE HEALTH OCCUPATIONS ARTICLE THAT 8 IS RELATED TO DISCRIMINATORY PRACTICES. 9 (C) THE SECRETARY OR A UNIT OF THE DEPARTMENT SHALL NOTIFY THE 10 COMMISSION OF ANY HEARING SCHEDULED ON A COMPLAINT ABOUT ALLEGED 11 DISCRIMINATORY PRACTICES. 12 (D) ON REQUEST OF THE COMMISSION AND UNLESS THE COMPLAINANT 13 OBJECTS, THE SECRETARY OR A UNIT OF THE DEPARTMENT SHALL GIVE THE 14 COMMISSION ALL INFORMATION REGARDING ANY COMPLAINT ALLEGING 15 DISCRIMINATORY PRACTICES RECEIVED BY THE SECRETARY OR UNIT OF THE 16 DEPARTMENT. 17 (E) THE SECRETARY OR A UNIT OF THE DEPARTMENT AND THE 18 COMMISSION SHALL SET GUIDELINES FOR DETERMINING WHEN ALLEGATIONS OF 19 DISCRIMINATORY PRACTICES IN A COMPLAINT ARE SUFFICIENT TO WARRANT A 20 HEARING. 21 2–1004. 22 (A) THIS SECTION DOES NOT PROHIBIT A PERSON THAT IS LICENSED OR 23 OTHERWISE REGULATED BY THE DEPARTMENT OR A UNIT OF THE DEPARTMENT 24 FROM REFUSING, WITHHOLDING FROM, OR DENYING ANY PERSON SERVICES FOR 25 FAILURE TO CONFORM TO THE USUAL AND REGULAR REQUIREMENTS, STANDARDS, 26 AND REGULATIONS IMPOSED BY THE LICENSED OR REGULATED PERSON, UNLESS 27 THE REFUSAL, WITHHOLDING, OR DENIAL IS BASED ON DISCRIMINATION ON THE 28 GROUNDS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL 29 STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY. 30 (B) A PERSON THAT IS LICENSED OR OTHERWISE REGULATED BY THE 31 DEPARTMENT OR A UNIT IN THE DEPARTMENT MAY NOT DISCRIMINATE AGAINST 32 ANY PERSON BECAUSE OF THE PERSON’S RACE, COLOR, RELIGION, SEX, AGE, 33 NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, OR 34 DISABILITY. 35 HOUSE BILL 1120 5 19–355. 1 (a) IN THIS SECTION, “GENDER IDENTITY” AND “SEXUAL ORIENTATION” 2 HAVE THE MEANINGS STATED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE. 3 (B) THIS SECTION DOES NOT PROHIBIT A HOSPITAL OR RELATED 4 INSTITUTION THAT IS LICENSED OR OTHERWISE REGULATED BY THE DEPARTMENT 5 OR A UNIT OF THE DEPARTMENT FROM REFUSING, WITHHOLDING FROM, OR 6 DENYING ANY PERSON SERVICES FOR FAILURE TO CONFORM TO THE USUAL AND 7 REGULAR REQUIREMENTS, STANDARDS, AND REGULATIONS IMPOSED BY THE 8 LICENSED OR REGULATED HOSPITAL OR RELATED INSTITUTION, UNLESS THE 9 REFUSAL, WITHHOLDING, OR DENIAL IS BASED ON DISCRIMINATION ON THE 10 GROUNDS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL 11 STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY. 12 (B) (C) A hospital or related institution may not REFUSE, WITHHOLD FROM, 13 OR DENY TO ANY INDIVIDUAL MEDICAL SERVICES OR OTHERWISE discriminate [in 14 providing personal care for an] AGAINST ANY individual WITH RESPECT TO THE 15 INDIVIDUAL’S MEDICAL CARE because of the race, color, RELIGION, SEX, AGE, [or] 16 national origin, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, 17 GENETIC INFORMATION, OR DISABILITY of the individual. 18 [(b)] (C) (D) The Commission on Civil Rights shall enforce this section as provided 19 in Title 20 of the State Government Article. 20 Article – State Government 21 20–101. 22 (a) In Subtitles 1 through 11 of this title the following words have the meanings 23 indicated. 24 (b) “Commission” means the Commission on Civil Rights. 25 (c) “Complainant” means a person that files a complaint alleging a discriminatory 26 act under this title. 27 (d) “Discriminatory act” means an act prohibited under: 28 (1) Subtitle 3 of this title (Discrimination in Places of Public 29 Accommodation); 30 (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 31 by Maryland Department of Labor); 32 6 HOUSE BILL 1120 (3) SUBTITLE 4A OF THIS TITLE (DISCRIMINATION BY PERSONS 1 LICENSED OR REGULATED BY MARYLAND DEPARTMENT OF HEALTH OR 2 MARYLAND INSURANCE ADMINISTRATION); 3 (4) Subtitle 5 of this title (Discrimination in Leasing of Commercial 4 Property); 5 [(4)] (5) Subtitle 6 of this title (Discrimination in Employment); 6 [(5)] (6) Subtitle 7 of this title (Discrimination in Housing); or 7 [(6)] (7) Subtitle 8 of this title (Aiding, Abetting, or Attempting 8 Discriminatory Act; Obstructing Compliance). 9 (e) “Gender identity” means the gender–related identity, appearance, expression, 10 or behavior of a person, regardless of the person’s assigned sex at birth, which may be 11 demonstrated by: 12 (1) consistent and uniform assertion of the person’s gender identity; or 13 (2) any other evidence that the gender identity is sincerely held as part of 14 the person’s core identity. 15 (f) (1) “Respondent” means a person accused in a complaint of a 16 discriminatory act. 17 (2) “Respondent” includes a person identified during an investigation of a 18 complaint and joined as an additional or substitute respondent. 19 (g) “Sexual orientation” means the identification of an individual as to male or 20 female homosexuality, heterosexuality, or bisexuality. 21 SUBTITLE 4A. DISCRIMINATION BY PERSONS LICENSED OR REGULATED BY 22 MARYLAND DEPARTMENT OF HEALTH OR MARYLAND INSURANCE 23 ADMINISTRATION. 24 20–4A–01. 25 IT IS THE POLICY OF THE STATE TO: 26 (1) PROVIDE AFFORDABLE HEALTH CARE THROUGHOUT THE STATE 27 TO ALL REGARDLESS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, 28 MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, GENETIC 29 INFORMATION, OR DISABILITY; AND 30 HOUSE BILL 1120 7 (2) PROHIBIT DISCRIMINATION WITH RESPECT TO THE PROVISION OF 1 HEALTH CARE BY ANY PERSON, IN ORDER TO PROTECT AND ENSURE THE PEACE, 2 HEALTH, SAFETY, PROSPERITY, AND GENERAL WELFARE OF ALL. 3 20–4A–02. 4 (A) THIS SECTION DOES NOT PROHIBIT A PERSON THAT IS LICENSED OR 5 OTHERWISE REGULATED BY THE MARYLAND DEPARTMENT OF HEALTH FROM 6 REFUSING, WITHHOLDING FROM, OR DENYING ANY PERSON SERVICES FOR FAILURE 7 TO CONFORM TO THE USUAL AND REGULAR REQUIREMENTS, STANDARDS, AND 8 REGULATIONS IMPOSED BY THE LICENSED OR REGULATED PERSON, UNLESS THE 9 REFUSAL, WITHHOLDING, OR DENIAL IS BASED ON DISCRIMINATION ON THE 10 GROUNDS OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL 11 STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, GENETIC INFORMATION, OR 12 DISABILITY. 13 (B) A PERSON THAT IS LICENSED OR OTHERWISE REGULATED BY A UNIT IN 14 THE MARYLAND DEPARTMENT OF HEALTH DESCRIBED UNDER § 2–106 OF THE 15 HEALTH – GENERAL ARTICLE MAY NOT REFUSE, WITHHOLD FROM, OR DENY ANY 16 PERSON ANY SERVICES OF THE LICENSED OR REGULATED PERSON OR OTHERWISE 17 DISCRIMINATE AGAINST ANY PERSON BECAUSE OF THE PERSON’S RACE, COLOR, 18 RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, 19 GENDER IDENTITY, GENETIC INFORMATION, OR DISABILITY. 20 20–4A–03. 21 (A) THIS SECTION DOES NOT PROHIBIT A PERSON THAT IS REGULATED BY 22 THE MARYLAND INSURANCE ADMINISTRATION FROM REFUSING, WITHHOLDING 23 FROM, OR DENYING ANY PERSON SERVICES FOR FAILURE TO CONFORM TO THE 24 USUAL AND REGULAR REQUIREMENTS, STANDARDS, AND REGULATIONS IMPOSED 25 BY THE REGULATED PERSON, UNLESS THE REFUSAL, WITHHOLDING, OR DENIAL IS 26 BASED ON DISCRIMINATION ON THE GROUNDS OF RACE, COLOR, RELIGION, SEX, 27 AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, GENDER 28 IDENTITY, GENETIC INFORMATION, OR DISABILITY. 29 (B) A PERSON, INCLUDING A HEALTH MAINTENANCE ORGANIZATION, THAT 30 PROVIDES HEALTH BENEFIT PLANS AND HAS A CERTIFICATE OF AUTHORITY ISSUED 31 BY THE MARYLAND INSURANCE ADMINISTRATION MAY NOT REFUSE, WITHHOLD 32 FROM, OR DENY ANY PERSON ANY SERVICES OF THE PERSON OR OTHERWISE 33 DISCRIMINATE AGAINST ANY PERSON BECAUSE OF THE PERSON’S RACE, COLOR, 34 RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, 35 GENDER IDENTITY, GENETIC INFORMATION, OR DISABILITY. 36 8 HOUSE BILL 1120 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2020. 2 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.