Maryland
Maryland: Legislative Updates
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APPLIES TO As Indicated |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
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Discussion
Maryland’s 2026 legislative session produced a range of new requirements affecting hospitals, data privacy compliance, transportation licensing, health insurance administration, and child support withholding. Key aspects of each are summarized below.
Hospital Immigration Enforcement Action Policies. Effective June 1, 2026, SB 792 requires all hospitals in the state to adopt a written policy establishing the protocol to be followed when an immigration enforcement action occurs on hospital premises, consistent with guidance issued by the Maryland Attorney General under § 6-111 of the State Government Article. Hospitals must make this policy readily available to all staff members and must conduct annual training to ensure that every staff member understands and can implement the policy. This law reflects Maryland’s broader legislative effort to protect patients’ access to healthcare and ensure that hospitals are prepared to respond to immigration enforcement activities in a consistent, lawful, and transparent manner.
Immigration-Related Consumer Data Privacy Restrictions. Effective July 1, 2026, HB 711 amends the Maryland Online Data Privacy Act (MODPA) to further restrict the sale and disclosure of personal data to government units involved in immigration enforcement. MODPA continues to apply to businesses that control or process personal data of at least 35,000 Maryland residents, or 10,000 residents if 20% or more of gross revenue comes from selling personal data. Under the amendment, a covered “controller,” meaning a person that alone or jointly with others determines the purpose and means of processing personal data, is prohibited from knowingly selling a consumer’s personal data to a federal, state, or local governmental unit that has engaged in or supported civil immigration enforcement, through personnel or material resources, within the preceding six months. The only exception applies where the business receives a valid warrant issued by a federal or state court that particularly describes the personal data sought. Businesses may still comply with subpoenas, summonses, or law enforcement requests from governmental units or agencies that have not engaged in or supported civil immigration enforcement within the preceding six months. MODPA is enforced by the Division of Consumer Protection under the Maryland Attorney General, and violations are treated as unfair, abusive, or deceptive trade practices under the state’s Consumer Protection Act, subject to a 60-day cure period upon notice of violation.
Hospital Staffing. Effective October 1, 2026, SB 411 requires each hospital to comply with the staffing standards of the accreditation body that accredits the hospital and the federal Centers for Medicare and Medicaid Services (CMS) Conditions of Participation (CoPs). Each hospital must establish and maintain a clinical staffing committee that has (1) three managers and two employees, if the hospital has 150 or fewer licensed beds or (2) five managers and four employees, if the hospital has 151 or more licensed beds. The chief nurse executive of each hospital must produce a draft clinical staffing plan and submit it to the clinical staffing committee. Using the draft plan, each clinical staffing committee must finalize a clinical staffing plan that meets patient needs. Each hospital must provide the clinical staffing plan to staff on request. Of note, the bill does not apply to State hospitals.
Human Trafficking Awareness and Prevention Training for TNC. Effective October 1, 2026, HB 829 requires an applicant for a local taxicab driver’s license or State for-hire driver’s license to include in the license application documentation verifying that the applicant completed a human trafficking awareness training program, as specified. A human trafficking awareness training that an applicant completes under this provision must include information on how to (1) recognize potential victims of human trafficking; (2) respond to an individual who may be or is a victim of human trafficking; and (3) report suspected incidents of human trafficking to appropriate authorities. The bill also prohibits a transportation network company (TNC) from allowing a transportation network operator (TNO) licensee or license applicant to provide transportation network services unless the TNO has completed a human trafficking awareness program, as specified. The bill further specifies that an applicant for a TNO license or a licensed taxicab driver, for-hire driver, or TNO may not be held civilly or criminally liable for reporting or responding in good faith to a suspected incident of human trafficking.
SHOP Enrollment Effective Dates. Effective October 1, 2026, SB 14 aligns Maryland health insurance law with existing federal regulations by altering the effective dates of enrollment in a Small Business Health Options Program (SHOP) Exchange plan for individuals who enroll during a special enrollment period (SEP). If an eligible employee enrolls certain individuals in a SHOP plan during the first 31 days of an SEP, coverage must become effective on the first day of the month following receipt of the plan selection if allowed by the SHOP exchange and selected by the eligible employee.
Child Support Withholding Limit. Effective October 1, 2028, SB 16 introduces income-based withholding caps, under which employers may not deduct more than 35% of an obligor’s earnings, and courts may not order more than 25% of disposable earnings for combined support and arrears, when the obligor’s income does not exceed 250% of the federal poverty guidelines. These protections are overridden if the obligor was found to be voluntarily impoverished. These caps apply consistently across both administratively issued and court-ordered withholding, and earnings withholding orders must now reference the applicable state cap in addition to federal Consumer Credit Protection Act limits.
Action Items
- Hospitals should implement and distribute written immigration enforcement action policies, as applicable.
- Covered businesses should inventory all personal data sales for compliance with MODPA.
- Hospitals should establish clinical staffing committees and finalize staffing plans consistent with the new staffing requirements.
- Taxicab, for-hire, and rideshare companies should confirm that drivers and operators complete required human trafficking awareness training.
- Employers offering SHOP plans should update enrollment administration, as applicable.
- Have appropriate personnel trained on all of the updated requirements.
Maryland: Commission on Civil Rights Releases Discrimination Playbook
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APPLIES TO All Employers with Employees in MD |
EFFECTIVE JUN 22, 2026 |
QUESTIONS? Contact HR On-Call |
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Discussion
On June 22, 2026, the Maryland Commission on Civil Rights (MCCR) published its Elements of Proof Guidance, setting forth the elements it applies when evaluating employment discrimination claims under Title 20 of the Maryland State Government Article. While the guidance is an internal agency investigation tool and not binding on courts, it offers employers a valuable window into how the agency analyzes and evaluates discrimination complaints.
The Guidance highlights several aspects of Maryland’s framework that are more favorable to employees than federal law. Specifically, Maryland protects additional characteristics not covered federally, and Maryland’s harassment standard no longer requires conduct to be severe or pervasive in certain circumstances (such as when submission to unwelcome conduct is tied to employment terms or decisions, or when the conduct otherwise creates an abusive or hostile environment based on the totality of the circumstances).
Supervisor harassment carries strict liability under Maryland law based on foreseeability and scope of employment, rather than the federal standard’s focus on tangible employment actions and available defenses. Religious accommodation claims are evaluated under a lower “more than de minimis cost” standard, in contrast to the tougher federal standard from Groff v. DeJoy. Pregnancy accommodation obligations are also framed more broadly under state law, and Maryland’s retaliation standard requires only an “adverse employment action” rather than the broader “materially adverse” federal standard, though this arguably makes the state standard narrower on this particular element.
Because the guidance functions as the MCCR’s roadmap for evaluating claims, employers responding to complaints may benefit from directly addressing each element the agency considers, allowing for a clearer and more targeted rebuttal.
Action Items
- Review antiharassment policies and supervisor training for compliance with state-specific standards.
- Review accommodation policies and practices for compliance.
- Consult with legal counsel on how these state-level enforcement postures affect ongoing or future litigation strategies.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase