BY adding to

Article - Health - General
Section 19-706(ff)
Annotated Code of Maryland

(1996 Replacement Volume and 1998 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Insurance

15-126.

(A) IN THIS SECTION, "EMERGENCY SERVICES" HAVE THE MEANING STATED IN
§ 19-701(D) OF THE HEALTH - GENERAL ARTICLE.

(A) IN THIS SECTION, "EMERGENCY MEDICAL CONDITION" MEANS A MEDICAL
CONDITION THAT MANIFESTS ITSELF BY SYMPTOMS OF SUFFICIENT SEVERITY,
INCLUDING SEVERE PAIN, THAT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION
COULD REASONABLY BE EXPECTED BY A PRUDENT LAYPERSON, WHO POSSESSES AN
AVERAGE KNOWLEDGE OF HEALTH AND MEDICINE, TO RESULT IN:

(1) PLACING THE PATIENT'S HEALTH IN SERIOUS JEOPARDY;

(2) SERIOUS IMPAIRMENT TO BODILY FUNCTIONS; OR

(3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.

(A) (B) THIS SECTION APPLIES TO:

(1) INSURERS AND NONPROFIT HEALTH SERVICE PLANS THAT PROVIDE
HOSPITAL, MEDICAL, OR SURGICAL BENEFITS TO INDIVIDUALS OR GROUPS UNDER
HEALTH INSURANCE POLICIES 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) AN ENTITY SUBJECT TO THIS SECTION MAY NOT IN ANY WAY PENALIZE OR
DISCRIMINATE AGAINST AN INSURED OR ENROLLEE FOR ACCESSING THE 911
SYSTEM TO OBTAIN EMERGENCY AMBULANCE SERVICES.

(C) (1) AN ENTITY SUBJECT TO THIS SECTION MAY NOT ESTABLISH OR
PROMOTE AN EMERGENCY MEDICAL RESPONSE AND TRANSPORTATION SYSTEM
THAT ENCOURAGES OR DIRECTS ACCESS BY AN INSURED OR ENROLLEE IN
COMPETITION WITH OR IN SUBSTITUTION OF THE MARYLAND EMERGENCY MEDICAL
SERVICES SYSTEM (911) OR OTHER STATE, COUNTY, OR LOCAL GOVERNMENT

EMERGENCY MEDICAL SERVICES SYSTEM.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, AN
ENTITY MAY UTILIZE, FOR SERVICES THAT ARE NOT EMERGENCY SERVICES,
SUBJECT TO THIS SECTION MAY USE TRANSPORTATION OUTSIDE THE 911 OR OTHER