Bill > HB372

This bill requires hospitals with emergency departments to screen patients for an "emergency pregnancy-related medical condition," defined as a serious medical condition where immediate attention is needed to prevent serious harm to the patient's health, bodily functions, or organs. If such a condition is found, the hospital must either provide treatment to "stabilize" the patient, which means alleviating the condition or ensuring it won't worsen during transfer, or transfer the patient to another facility. Crucially, hospitals must allow the termination of a pregnancy if a healthcare provider determines it's medically necessary to stabilize the patient. The bill also clarifies that hospitals are not liable if a patient or their representative refuses examination, treatment, or transfer after being informed of the risks and benefits, provided reasonable steps are taken to get written consent for the refusal. It prohibits transferring a patient with an unstabilized emergency pregnancy-related medical condition unless it complies with federal law (42 U.S.C. § 1395DD, which pertains to emergency medical treatment and labor act). Furthermore, the bill protects healthcare providers from penalties if they refuse to authorize a transfer of an unstabilized patient or if their treatment aligns with their medical judgment to stabilize the patient, and it protects employees who report violations. Hospitals that negligently violate these provisions face civil penalties, with amounts varying based on hospital size, and provisions are made to coordinate with federal investigations and potential fines to avoid double penalties. This bill amends existing law to ensure that hospitals cannot refuse to permit or refer for medical procedures related to pregnancy termination in emergency situations, thereby overriding previous prohibitions in certain circumstances.

Health and Social Services

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0372?ys=2026RS