(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 a multistate plan that does not provide coverage for abortions in accordance with 42 U.S.C. § 18054(a)(6). (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 and notwithstanding § 31-116(a) of this article, 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.
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