Text of MD SB 738 (2020)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0738* SENATE BILL 738 D5, J3, J2 0lr2456 CF 0lr3236 By: Senator Feldman Introduced and read first time: February 3, 2020 Assigned to: Finance 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 SENATE BILL 738 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 SENATE BILL 738 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 SENATE BILL 738 (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 SENATE BILL 738 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2020. 2