In this subtitle the following words have the meanings indicated. “Commission” means the Commission on Civil Rights. “Gender identity” has the meaning stated in § 20–101 of the State Government Article. “Sexual orientation” has the meaning stated in § 20–101 of the State Government Article. “Unit of the Department” means a unit described under § 2–106 of this title.

It is the policy of the State to: Provide affordable health care throughout the State to all regardless of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; and Prohibit discrimination with respect to the provision of health care by any person, in order to protect and ensure the peace, health, safety, prosperity, and general welfare of all.

Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Secretary or a unit of the Department has exclusive jurisdiction to enforce by administrative action the laws of the State as provided for under this article and the Health Occupations Article. The Commission on Civil Rights has concurrent jurisdiction with the Secretary or a unit of the Department over alleged discrimination on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability. When the Secretary or a unit of the Department has exclusive jurisdiction under subsection (a) of this section, the Commission may: Refer complaints about discriminatory practices to the Secretary or the unit of the Department; Appear before the Secretary or the unit of the Department as a party at a hearing about discriminatory practices; Make recommendations about discriminatory practices to the Secretary or the unit of the Department; Represent a complainant in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices; or Appeal as a party aggrieved by an order or decision of the Secretary or the unit of the Department in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices. The Secretary or a unit of the Department shall notify the Commission of any hearing scheduled on a complaint about alleged discriminatory practices. On request of the Commission and unless the complainant objects, the Secretary or a unit of the Department shall give the Commission all information regarding any complaint alleging discriminatory practices received by the Secretary or unit of the Department. The Secretary or a unit of the Department and the Commission shall set guidelines for determining when allegations of discriminatory practices in a complaint are sufficient to warrant a hearing.

This section does not prohibit a person that is licensed or otherwise regulated by the Department or a unit of the Department from refusing, withholding from, or denying any person services for failure to conform to the usual and regular requirements, standards, and regulations imposed by the licensed or regulated person, unless the refusal, withholding, or denial is based on discrimination on the grounds of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability. A person that is licensed or otherwise regulated by the Department or a unit in the Department may not discriminate against any person because of the person’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.