Maryland § 15-147

§ 15-147.

    (a)    This section applies to:

        (1)    insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

        (2)    health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

    (b)    (1)    Any premium funds collected by an entity subject to this section for abortion coverage in accordance with § 1303(b)(2)(B) and (C) of the federal Patient Protection and Affordable Care Act shall be used:

            (i)    to provide coverage for abortion care clinical services for insureds or enrollees in accordance with § 15–857 of this title; and

            (ii)    in accordance with paragraph (2) of this subsection.

        (2)    If after the 12–month period following the end of a plan year the amount of the ending balance of a segregated account established for coverage of abortion care clinical services exceeds disbursements, 90% of the ending balance shall be used to support coverage of abortion care clinical services for which the use of federal funds is prohibited.

    (c)    On or before March 1 each year, an entity subject to this section shall submit to the Commissioner an accounting of receipts, disbursements, accrued interest, and the year–end balance for segregated accounts established by the entity under § 1303(b)(2)(B) and (C) of the federal Patient Protection and Affordable Care Act:

        (1)    on a form approved by the Commissioner; and

        (2)    with any related documentation required by the Commissioner.

    (d)    (1)    Subject to paragraph (2) of this subsection, the Commissioner shall order the transfer of funds from each entity’s segregated account established by the entity for coverage of abortion care clinical services to the Public Health Abortion Grant Program Fund established under § 13–5503 of the Health – General Article in the following amounts:

            (i)    on or before September 1, 2025, 90% of the amount of the ending balance of the segregated account that exceeds disbursements for each of plan years 2014 through 2023; and

            (ii)    on or before July 1 each year, beginning in 2026, 90% of the amount of the ending balance of a segregated account that exceeds disbursements after the 15–month period following the end of a plan year.

        (2)    (i)    The amount ordered to be transferred under paragraph (1)(i) of this subsection shall include the amount of interest accrued to the segregated account as of December 31, 2024.

            (ii)    The amount ordered to be transferred under paragraph (1)(ii) of this subsection shall include the amount of interest accrued to the segregated account as of December 31 of the immediately preceding calendar year.

    (e)    A party aggrieved by an order of the Commissioner under this section has the right to a hearing and the right to appeal from the order of the Commissioner under §§ 2–210 through 2–215 of this article.