# COMAR Title 10 — Maryland Department of Health

## Subtitle 11 — Maternal and Child Health

### Chapter 08 — Sensitive Health Services

**Authority:** Health-General Article, §4-302.5 Annotated Code of Maryland

**Administrative History:** Effective date: September 16, 2024 (51:18 Md. R. 809)

**Administrative History:** Regulation .01B amended effective May 11, 2026 (53:9 Md. R. 413)

**Administrative History:** Regulation .02B amended effective May 11, 2026 (53:9 Md. R. 413)

**Administrative History:** Regulation .04B amended effective May 11, 2026 (53:9 Md. R. 413)

**Administrative History:** Regulation .06 recodified to Regulation .07 effective May 11, 2026 (53:9 Md. R. 413)

**Administrative History:** Regulation .06 adopted effective May 11, 2026 (53:9 Md. R. 413)

#### Regulation .01 Purpose.

*COMAR 10.11.08.01*

This chapter:

A. Defines:

  (1) Mifepristone data;

  (2) Health information exchange;

  (3) Electronic health network; and

  (4) Protected Health Care Commission;

B. Lists the:

  (1) Mifepristone data, and diagnosis, procedure, and related codes for abortion care that are subject to the restrictions on the disclosure of health care information; and

  (2) Diagnosis, procedure, and related codes for gender-affirming treatment that are subject to the restrictions on the disclosure of health care information;

C. Describes to whom these restrictions apply; and

D. Sets forth the restrictions on data.

#### Regulation .02 Definitions.

*COMAR 10.11.08.02*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Electronic health network” has the meaning stated in COMAR 10.25.09.02.

  (2) “Gender-affirming treatment” has the meaning stated in Health-General Article, §15-151, Annotated Code of Maryland.

  (3) “Health information exchange” has the meaning stated in COMAR 10.25.18.02.

  (4) “Mifepristone data” means all medication or related codes pertaining to mifepristone use during any stage of pregnancy, and excludes any codes pertaining to the use of mifepristone for Cushing’s syndrome.

  (5) “Protected Health Care Commission” means the group established under Health-General Article, §4-310, Annotated Code of Maryland.

  (6) “Secretary” means the Secretary of the Maryland Department of Health.

#### Regulation .03 Abortion Care Codes.

*COMAR 10.11.08.03*

A health information exchange and an electronic health network shall restrict the disclosure of the abortion care medical diagnosis codes and current procedural terminology (CPT) codes listed in the tables below.

A. List of Medical Diagnosis Codes.

B. List of the Current Procedural Terminology (CPT®) Codes.

#### Regulation .04 Mifepristone Data Codes.

*COMAR 10.11.08.04*

A health information exchange and an electronic health network shall restrict the disclosure of mifepristone data Healthcare Common Procedure Coding System (HCPCS) codes and medication codes listed in the tables below.

A. List of Healthcare Common Procedure Coding System ( HCPCS) Level 2 Codes.

B. List of Medication Codes.

#### Regulation .05 Restrictions on Disclosure of Mifepristone Data.

*COMAR 10.11.08.05*

Data is restricted in accordance with COMAR 10.25.18 and COMAR 10.25.07.

#### Regulation .06 Gender-Affirming Treatment Codes.

*COMAR 10.11.08.06*

A. A health information exchange and an electronic health network shall restrict the disclosure of the gender-affirming treatment medical diagnosis codes and current procedural terminology (CPT) codes listed in §B below.

B. List of Medical Diagnosis Codes.

#### Regulation .07 Sensitive Health Services.

*COMAR 10.11.08.07*

The Secretary shall determine what sensitive health services are subject to restriction under this chapter based on the recommendations of the Protected Health Care Commission.