Md. Code, Health Occupations § 15-308 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: in_force

(a) Subject to subsection (b) of this section, the Board, in accordance with its regulations, shall reinstate the license of a physician assistant who has failed to renew the license for any reason if the physician assistant:

(1) Meets the renewal requirements of § 15–307 of this subtitle;

(2) Pays to the Board the reinstatement fee set by the Board;

(3) Submits to the Board satisfactory evidence of compliance with the qualifications and requirements established under this subtitle for license reinstatements; and

(4) Meets any additional requirements set by the Board for reinstatement.

(b) A disciplinary panel may not reinstate a surrendered or revoked license that has been surrendered or revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this article.
Md. Code, Insurance § 15-202 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) Except as otherwise provided in this section, each policy of health insurance that is delivered or issued for delivery in the State:

(1) shall contain the exact language of each provision that is required under §§ 15-207 through 15-218 of this subtitle and any optional provision in §§ 15-207 through 15-226 of this subtitle that is used; and

(2) shall contain each mandatory provision and any optional provision that is used:

(i) in the order in which those provisions appear in this subtitle; or

(ii) as individual items in any part of the policy with other provisions to which they may be logically related, if the resulting policy is not wholly or partly unintelligible, uncertain, or likely to mislead a person to whom the policy is offered, delivered, or issued.

(b) The insurer may substitute a corresponding provision with different wording for a provision set forth in this subtitle if the corresponding provision is approved by the Commissioner and is not less favorable in any respect to the insured or beneficiary.

(c) If a provision specified in §§ 15-207 through 15-218 of this subtitle is wholly or partly inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the Commissioner, shall:

(1) omit from the policy the inapplicable provision or part of the provision; or

(2) modify the inconsistent provision or part of the provision to make it consistent with the coverage provided by the policy.

(d) Each provision shall be preceded individually by the applicable caption shown or, at the option of the insurer, by an appropriate individual or group caption or subcaption that the Commissioner approves.
Md. Code, Education § 15-129 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-129
§15–129.
Status: in_force

(a) In this section, “Fund” means the Historically Black Colleges and Universities Reserve Fund.

(b) There is a Historically Black Colleges and Universities Reserve Fund.

(c) The purpose of the Fund is to provide reserve funding for Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore that is used for purposes consistent with the uses specified under § 15–128 of this title.

(d) The Maryland Higher Education Commission shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) The remainder of any funds unused at the end of a fiscal year that is distributed to the Fund under § 15–128 of this title;

(2) Money appropriated in the State budget to the Fund;

(3) Interest earnings; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for the uses specified under § 15–128 of this title.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund for the uses specified under § 15–128 of this title is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the uses specified under § 15–128 of this title or any other funds appropriated to public institutions of higher education in the State budget.
Md. Code, Insurance § 15-1616 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1616
§15–1616.
Status: in_force

On request of a purchaser for which the pharmacy and therapeutics committee makes recommendations, a pharmacy benefits manager shall disclose information about the composition of its pharmacy and therapeutics committee to the purchaser.
Md. Code, Education § 15-106.8 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.8
§15–106.
Status: in_force

§15–106.8.

(a) In this section, “individual”:

(1) Includes an undocumented immigrant individual; and

(2) Does not include a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15).

(b) Notwithstanding any other provision of this article, an individual shall be exempt from paying the out–of–state tuition rate at a public institution of higher education in the State, and shall be eligible for the tuition rates described under subsections (c) and (d) of this section, if the individual:

(1) Attended a public or nonpublic secondary school in the State;

(2) Graduated from a public or nonpublic secondary school in the State or received the equivalent of a high school diploma in the State;

(3) Registers as an entering student in a public institution of higher education in the State not later than 6 years after graduating from a public or nonpublic secondary school in the State or receiving the equivalent of a high school diploma in the State;

(4) Provides to the public institution of higher education documentation that the individual or the individual’s parent or legal guardian has filed a Maryland income tax return annually for the 3–year period before the academic year in which the tuition rate exemption would apply;

(5) In the case of an individual who is not a permanent resident, provides to the public institution of higher education an affidavit stating that the individual will file an application to become a permanent resident within 30 days after the individual becomes eligible to do so; and

(6) In the case of an individual who is required to register with the Selective Service System, provides to the public institution of higher education documentation that the individual has complied with the registration requirement.

(c) Notwithstanding any other provision of this article and subject to subsection (i) of this section, an individual shall be eligible to pay a rate that is equivalent to the resident tuition rate at a public senior higher education institution, if the individual meets the requirements of subsection (b) of this section.

(d) Notwithstanding any other provision of this article, an individual shall be eligible to pay a rate that is equivalent to the in–county tuition rate at a community college in the State if the individual:

(1) Meets the requirements of subsection (b) of this section; and

(2) Attends a community college supported by the county in which:

(i) An address in the county is used on the Maryland income tax return of the individual or the individual’s parent or legal guardian of the calendar year prior to the academic year in which the rate would apply;

(ii) The secondary school from which the individual graduated is located; or

(iii) In the case of an individual who received the equivalent of a high school diploma in the State, the secondary school most recently attended by the individual is located.

(e) (1) Notwithstanding any other provision of this article, an individual shall retain the individual’s tuition status at a public institution of higher education in the State if the individual:

(i) Meets the requirements of paragraph (2) of this subsection; and

(ii) On or after June 15, 2012, was exempt from paying the out–of–state or out–of–county tuition rate at a public institution of higher education.

(2) To retain tuition status under this subsection, an individual shall use an address in the State on the Maryland income tax return of the individual or the individual’s parent or legal guardian annually until the individual is awarded a degree from the public institution of higher education.

(f) Information collected under this section as part of a student’s registration shall remain confidential.

(g) (1) A public institution of higher education that admits an individual who qualifies for the tuition rate under this section shall:

(i) Keep a record of the number of individuals who pay the tuition rate in accordance with the requirements under subsections (c) and (d) of this section; and

(ii) Report the information required in item (i) of this paragraph to the Commission each year.

(2) The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of a compilation of the reports submitted to the Commission under paragraph (1) of this subsection.

(h) The governing board of each public institution of higher education shall adopt appropriate policies to implement the provisions of this section.

(i) The students that are receiving the tuition rate described in subsection (c) of this section may not be counted as in–State students for the purposes of determining the number of Maryland undergraduate students enrolled at a public senior higher education institution.
Md. Code, Education § 15-106.5 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.5
§15–106.
Status: in_force

§15–106.5.

(a) (1) In this section the following words have the meanings indicated.

(2) “Academic year” means the period commencing with the fall semester and continuing through the immediately following summer session at a public senior higher education institution.

(3) “Governing board” means:

(i) The Board of Regents of the University System of Maryland; and

(ii) The Board of Regents of Morgan State University.

(4) “Public senior higher education institution” has the meaning stated in § 10–101(m)(1) and (2) of this article.

(5) (i) “Tuition” means the charges approved by the governing board of a public senior higher education institution that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.

(ii) “Tuition” does not include:

1. Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses;

2. Fees dedicated to support auxiliary enterprises and other self–funded activities of a public senior higher education institution; or

3. A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the public senior higher education institution for enrollment in other degree programs, fields of study, or courses.

(b) Notwithstanding any other provision of law, for the academic years beginning in the fall of 2006 and 2007 only, a governing board may not approve, and a public senior higher education institution may not impose, an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.
Md. Code, Transportation § 15-1015 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1015
§15–1015.
Status: in_force

(a) The Administration may suspend or revoke any dealer, manufacturer, distributor, or factory branch license on a finding that a party violated this subtitle.

(b) The Administration may impose a fine not exceeding $1,000 for each violation of this subtitle.

(c) A dealer, manufacturer, distributor, factory branch, or warrantor is entitled to a hearing under Title 12, Subtitle 2 of this article to contest an action or fine imposed under this section.
Md. Code, Estates and Trusts § 15-524 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-524
§15–524.
Status: in_force

(a) A trustee shall make the following disbursements from principal:

(1) The remaining one–half of the disbursements described under § 15–523(1) and (2) of this subtitle;

(2) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale;

(3) Payments on the principal of a trust debt;

(4) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(5) Premiums paid on a policy of insurance not described in § 15–523(4) of this subtitle of which the trust is the owner and beneficiary;

(6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and

(7) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.

(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Md. Code, Estates and Trusts § 15-527 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-527
§15–527.
Status: in_force

(a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.

(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.

(c) A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income shall be paid:

(1) From income to the extent that receipts from the entity are allocated only to income;

(2) From principal to the extent that receipts from the entity are allocated only to principal;

(3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(4) From principal to the extent that the tax exceeds the total receipts from the entity.

(d) After applying subsections (a) through (c) of this section, the trustee shall adjust income or principal receipts to the extent that the trust’s taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
Md. Code, Transportation § 15-304.1 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-304.1
§15–304.
Status: in_force

§15–304.1.

(a) There is an out–of–state motor home and recreational trailer vehicle show permit.

(b) The Administration may issue a permit under this section to a dealer of motor homes or recreational trailers licensed in another state only if that state reciprocally authorizes Maryland dealers of motor homes and recreational trailers to display or exhibit motor homes or recreational trailers at vehicle shows in that state.

(c) A permit holder:

(1) May display or exhibit motor homes or recreational trailers at a vehicle show for motor homes or recreational trailers in Worcester County; and

(2) May not execute a buyer’s order or accept a deposit.

(d) An out–of–state dealer of motor homes or recreational trailers that is licensed by the licensing authority of another state may apply for a permit.

(e) The Administration shall determine the duration of a permit issued under this section.

(f) (1) After a permit has been approved by the Administration, the permit holder shall file a bond with the Administration.

(2) The bond shall be on a form prescribed and furnished by the Administration, payable to the State, and conditioned on compliance with the conditions and limitations of the permit.

(3) The amount of the bond shall be determined by the Administration.

(4) (i) Liability under the bond shall be for the duration of the permit.

(ii) A bond may not be fully released until all requirements of this section, regulations adopted in accordance with this section, and permit conditions have been met or complied with.

(5) The bond shall be executed by the permit holder and by a corporate surety approved by the Administration.

(g) The Administration may suspend or revoke a permit if the Administration determines that the permit holder is out of compliance with this section or any permit conditions.
Md. Code, Environment § 15-830 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-830
§15–830.
Status: in_force

(a) On completion of reclamation of an area of affected land, the permittee immediately shall notify the Department. The Department shall make an inspection of the area, and if it finds that the permittee has not completed to the Department’s reasonable satisfaction all the reclamation required by the permit, the Department shall order the permittee to do so at once and shall reinspect the area following completion of the work. If the Department finds that reclamation has been completed properly and if the Department has received the final reclamation report required under subsection (b) of this section, it shall notify the permittee in writing and release the permittee from further obligations regarding the affected land. At the same time it shall release all or the appropriate portion of any performance bond or cash deposit which the permittee has posted under § 15-823 of this subtitle.

(b) The permittee shall furnish a final reclamation report which includes the following:

(1) The terms of the original surface mining permit and all subsequent modifications;

(2) A summary of the original mining and reclamation plan and all subsequent modifications;

(3) A statement summarizing any departures from the mining and reclamation plan and the reasons for them;

(4) A statement summarizing any problems encountered during the progress of mining work or reclamation work, and the measures taken to correct these problems;

(5) The total acreage of land disturbed and reclaimed;

(6) The status or condition of areas progressively reclaimed since the initiation of mining work in the area; and

(7) A final map that is consistent with the original mining and reclamation map required by § 15-822(b) of this subtitle.
Md. Code, Transportation § 15-211.1 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-211.1
§15–211.
Status: in_force

§15–211.1.

(a) (1) A designated family member of a deceased or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise agreement if the designated family member:

(i) Gives the manufacturer, distributor, or factory branch written notice of the designated family member’s intention to succeed to the dealership within 120 days after the dealer’s death or incapacity;

(ii) Agrees to be bound by all of the terms and conditions of the franchise agreement; and

(iii) Meets the current criteria that the manufacturer, distributor, or factory branch generally applies in qualifying dealers.

(2) A manufacturer, distributor, or factory branch may refuse to honor the existing franchise agreement with the designated family member only for good cause.

(b) (1) The manufacturer, distributor, or factory branch may request from a designated family member personal and financial data reasonably necessary to determine whether the existing franchise agreement should be honored.

(2) The designated family member shall supply the personal and financial data promptly upon the request.

(c) If a manufacturer, distributor, or factory branch believes that good cause exists for refusing to honor the succession, the manufacturer, distributor, or factory branch may, within 60 days after receipt of the notice of the designated family member’s intent to succeed the dealer or, if the manufacturer, distributor, or factory branch requested personal or financial data, within 60 days after the receipt of the requested data, provide written notice to the designated family member of the manufacturer, distributor, or factory branch’s refusal to approve the succession.

(d) The notice of the manufacturer, distributor, or factory branch provided in accordance with subsection (c) of this section shall state the specific grounds for the refusal to approve the succession and that discontinuance of the franchise agreement shall take effect not less than 90 days after the date the notice is provided.

(e) If written notice of refusal is not provided in accordance with subsection (c) of this section, the franchise agreement shall continue in effect and shall be subject to termination only as otherwise permitted by this title.

(f) This section does not preclude a dealer from designating any person as the dealer’s successor by written instrument filed with the manufacturer, distributor, or factory branch. If a written instrument is filed, the instrument alone shall determine the succession rights to the management and operation of the dealership.

(g) (1) This section applies only to a dealer who is an individual.

(2) In the event of the incapacity or death of an individual designated to act as a representative of a dealer that is an entity under § 15-207(g) of this subtitle, the procedure for replacement of the individual shall be as provided in § 15-207(g) of this subtitle.
Md. Code, State Finance and Procurement § 15-113 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

(a) In this section, “liquidated damages” means damages in an amount designated by the parties to a contract that the injured party is eligible to collect as compensation for a specific breach of the contract.

(b) (1) On or before January 1, 2024, the Board, in consultation with the Procurement Improvement Council, shall publish a model policy concerning the inclusion and use of liquidated damages provisions in procurement contracts.

(2) The model policy shall include the following elements:

(i) guidance on when to include liquidated damages provisions in procurement contracts, including:

1. instances where liquidated damages provisions are required by law, including the requirements under §§ 14–303, 17–220, 17–222, and 18–108 of this Division II; and

2. conditions where liquidated damages provisions are recommended to protect State interests;

(ii) guidance for drafting liquidated damages provisions, including recommended methods for calculating the amount to be assessed;

(iii) a draft plan for responding to deficiencies in a contractor’s performance that may trigger a liquidated damages provision, reviewed by legal counsel for the Board; and

(iv) examples of liquidated damages provisions that may be used in a procurement contract with appropriate modification by the unit.

(3) The Board may propose alternative elements or models based on contract type.

(4) The Board may delegate the duties under this subsection to the Procurement Improvement Council established under § 12–105 of this Division II.

(c) (1) Subject to paragraph (2) of this subsection, on or before July 1, 2024, a unit shall adopt a written policy concerning the inclusion and use of liquidated damages provisions in procurement contracts by the unit that is substantially similar to the model policy established under subsection (b) of this section.

(2) (i) A primary procurement unit may establish a policy as required under paragraph (1) of this subsection that is applicable to those procurements that are within the control authority of the primary procurement unit.

(ii) A unit that performs a procurement subject to the control authority of a primary procurement unit shall apply the liquidated damages policy established by the primary procurement unit to any resulting procurement contract.

(d) A unit shall obtain the approval of the head of the unit if the unit decides not to include in a contract a liquidated damages clause specified under § 13–218(a)(4) of this article.

(e) (1) This subsection applies only to procurements valued at $5,000,000 or more.

(2) If a unit decides not to pursue liquidated damages when a specified breach associated with a liquidated damages provision has occurred, the unit shall:

(i) obtain the approval of the decision by the head of the unit; and

(ii) maintain documentation on the reason the unit decided not to pursue liquidated damages.
Md. Code, Insurance § 15-1A-08 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-08
§15–1A–08.
Status: in_force

(a) A carrier that offers a health benefit plan, including a grandfathered plan, that provides for dependent coverage of a child shall continue to make the coverage available for the child until the child is 26 years old.

(b) A carrier may not establish rules for eligibility, including continued eligibility, for coverage of a child under the age of 26 years based on any factor other than the relationship between the child and the insured.
Md. Code, Insurance § 15-1601 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1601
§15–1601.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Agent” means a pharmacy, a pharmacist, a mail order pharmacy, or a nonresident pharmacy acting on behalf or at the direction of a pharmacy benefits manager.

(c) “Beneficiary” means an individual who receives prescription drug coverage or benefits from a purchaser.

(d) (1) “Carrier” means the State Employee and Retiree Health and Welfare Benefits Program, an insurer, a nonprofit health service plan, or a health maintenance organization that:

(i) provides prescription drug coverage or benefits in the State; and

(ii) enters into an agreement with a pharmacy benefits manager for the provision of pharmacy benefits management services.

(2) “Carrier” does not include a person that provides prescription drug coverage or benefits through plans subject to ERISA and does not provide prescription drug coverage or benefits through insurance, unless the person is a multiple employer welfare arrangement as defined in § 514(b)(6)(a)(ii) of ERISA.

(e) “Compensation program” means a program, policy, or process through which sources and pricing information are used by a pharmacy benefits manager to determine the terms of payment as stated in a participating pharmacy contract.

(f) “Contracted pharmacy” means a pharmacy that participates in the network of a pharmacy benefits manager through a contract with:

(1) the pharmacy benefits manager; or

(2) a pharmacy services administration organization or a group purchasing organization.

(g) “ERISA” has the meaning stated in § 8–301 of this article.

(h) “Formulary” means a list of prescription drugs used by a purchaser.

(i) (1) “Manufacturer payments” means any compensation or remuneration a pharmacy benefits manager receives from or on behalf of a pharmaceutical manufacturer.

(2) “Manufacturer payments” includes:

(i) payments received in accordance with agreements with pharmaceutical manufacturers for formulary placement and, if applicable, drug utilization;

(ii) rebates, regardless of how categorized;

(iii) market share incentives;

(iv) commissions;

(v) fees under products and services agreements;

(vi) any fees received for the sale of utilization data to a pharmaceutical manufacturer; and

(vii) administrative or management fees.

(3) “Manufacturer payments” does not include purchase discounts based on invoiced purchase terms.

(j) “Nonprofit health maintenance organization” has the meaning stated in § 6–121(a) of this article.

(k) “Nonresident pharmacy” has the meaning stated in § 12–403 of the Health Occupations Article.

(l) “Participating pharmacy contract” means a contract filed with the Commissioner in accordance with § 15–1628(b) of this subtitle.

(m) “Pharmacist” has the meaning stated in § 12–101 of the Health Occupations Article.

(n) “Pharmacy” has the meaning stated in § 12–101 of the Health Occupations Article.

(o) “Pharmacy and therapeutics committee” means a committee established by a pharmacy benefits manager to:

(1) objectively appraise and evaluate prescription drugs; and

(2) make recommendations to a purchaser regarding the selection of drugs for the purchaser’s formulary.

(p) (1) “Pharmacy benefits management services” means:

(i) the procurement of prescription drugs at a negotiated rate for dispensation within the State to beneficiaries;

(ii) the administration or management of prescription drug coverage provided by a purchaser for beneficiaries; and

(iii) any of the following services provided with regard to the administration of prescription drug coverage:

1. mail service pharmacy;

2. claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to beneficiaries;

3. clinical formulary development and management services;

4. rebate contracting and administration;

5. patient compliance, therapeutic intervention, and generic substitution programs; or

6. disease management programs.

(2) “Pharmacy benefits management services” does not include any service provided by a nonprofit health maintenance organization that operates as a group model, provided that the service:

(i) is provided solely to a member of the nonprofit health maintenance organization; and

(ii) is furnished through the internal pharmacy operations of the nonprofit health maintenance organization.

(q) “Pharmacy benefits manager” means a person that performs pharmacy benefits management services.

(r) “Proprietary information” means:

(1) a trade secret;

(2) confidential commercial information; or

(3) confidential financial information.

(s) “Purchaser” means a person that offers a plan or program in the State, including the State Employee and Retiree Health and Welfare Benefits Program, that:

(1) provides prescription drug coverage or benefits in the State; and

(2) enters into an agreement with a pharmacy benefits manager for the provision of pharmacy benefits management services.

(t) “Rebate sharing contract” means a contract between a pharmacy benefits manager and a purchaser under which the pharmacy benefits manager agrees to share manufacturer payments with the purchaser.

(u) (1) “Therapeutic interchange” means any change from one prescription drug to another.

(2) “Therapeutic interchange” does not include:

(i) a change initiated pursuant to a drug utilization review;

(ii) a change initiated for patient safety reasons;

(iii) a change required due to market unavailability of the currently prescribed drug;

(iv) a change from a brand name drug to a generic drug in accordance with § 12–504 of the Health Occupations Article; or

(v) a change required for coverage reasons because the originally prescribed drug is not covered by the beneficiary’s formulary or plan.

(v) “Therapeutic interchange solicitation” means any communication by a pharmacy benefits manager for the purpose of requesting a therapeutic interchange.

(w) “Trade secret” has the meaning stated in § 11–1201 of the Commercial Law Article.
Md. Code, Insurance § 15-212 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-212
§15–212.
Status: in_force

Each policy of health insurance shall contain the following provision:

“Claim forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.”
Md. Code, Health - General § 15-158 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-158
§15–158.
Status: in_force

The Program and the Maryland Children’s Health Program may not require prior authorization for a transfer to a special pediatric hospital.
Md. Code, Business Occupations and Professions § 15-309 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

(a) Subject to this section, if an applicant fails an examination given under this subtitle, the applicant may retake the examination in accordance with the Council’s reexamination policies unless the policies have been otherwise amended by the Board.

(b) An applicant for reexamination shall:

(1) submit to the Board a request for reexamination on the form that the Board provides; and

(2) pay to the Board or the Board’s designee a reexamination fee set by the Board in § 15–306(a)(2) of this subtitle.

(c) The Board may adopt regulations to set conditions for retaking examinations, including requirements that an applicant:

(1) wait a reasonable period after failing an examination; and

(2) provide evidence acceptable to the Board of updated experience or education.

(d) (1) A reexamination fee paid under subsection (b)(2) of this section is not refundable.

(2) If an applicant does not take the reexamination that the applicant asked to take, the Board shall credit that fee toward any reexamination that the applicant later takes.
Md. Code, Insurance § 15-1604 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1604
§15–1604.
Status: in_force

(a) A pharmacy benefits manager shall register with the Commissioner as a pharmacy benefits manager before providing pharmacy benefits management services in the State to purchasers.

(b) An applicant for registration shall:

(1) file with the Commissioner an application on the form that the Commissioner provides; and

(2) pay to the Commissioner a registration fee set by the Commissioner.

(c) The Commissioner may require any additional information or submissions from a pharmacy benefits manager that may be reasonably necessary to verify the information contained in the application.

(d) Subject to the provisions of § 15–1607 of this part, the Commissioner shall register each pharmacy benefits manager that meets the requirements of this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-1505 — MD Code / Article gab / Title 15 / Subtitle 15 / Section 15-1505
§15–1505.
Status: in_force

A license holder may exchange the license for any other license for the same premises by complying with the application procedures of this title and paying the license fees.
Md. Code, Environment § 15-514.1 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-514.1
§15–514.
Status: in_force

§15–514.1.

(a) In this section, “permit” includes all areas approved in the application for mining.

(b) A permit that has been revoked under § 15-514(a) of this subtitle may be reinstated for the sole purpose of reissuing all or part of the permit to another qualified operator in accordance with subsection (c) of this section.

(c) In order to be qualified to obtain a reissued permit under this section, an operator shall:

(1) Provide to the Director proof of the right to mine as required by § 15-505(g) of this subtitle;

(2) Enter into an agreement with the Department to assume the duties and responsibilities of the permit and to conduct mining operations in accordance with the requirements of this subtitle, regulations issued under this subtitle, and the conditions of the permit;

(3) File with the Department a performance bond as required under § 15-507 of this subtitle; and

(4) Provide to the Director any other information required to reissue the permit in accordance with this subtitle.
Md. Code, Insurance § 15-505 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-505
§15–505.
Status: in_force

(a) This section applies to each individual, group, or blanket health insurance policy or certificate that is issued by an insurer or nonprofit health service plan on or after July 2, 1970, covering a person in the State.

(b) (1) A policy or certificate subject to this section that provides coverage for disability or sickness while an individual is confined at home may not exclude payments or benefits because the individual leaves home for medical treatment.

(2) Coverage extends to individuals confined at home, who are otherwise eligible, regardless of the place of medical treatment.
Md. Code, Transportation § 15-308 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: in_force

(a) (1) After the Administration notifies an applicant of the approval of an application and before the Administration issues a license, the applicant shall file with the Administration a surety bond in the form and with the surety that the Administration approves.

(2) The bond shall be for the applicant’s primary location and all supplemental locations if all of the locations are licensed under the same dealer business license number.

(b) The amount of the surety bond shall be:

(1) For a licensee who is licensed to deal only in trailers or semitrailers 15 feet or less in length, or only in boat trailers of any size $5,000;

(2) For a licensee who is licensed to deal in the sale of new motor vehicles, an amount based on the number of new motor vehicle sales during the preceding license year, according to the following schedule:

(i) 1 to 500 vehicles $50,000;

(ii) 501 to 1,000 vehicles $75,000;

(iii) 1,001 to 2,500 vehicles $100,000; and

(iv) Over 2,500 vehicles $300,000; and

(3) For a licensee who is licensed to deal only in the sale of used motor vehicles, including wholesalers, or a licensee who is licensed to deal in the sale of trailers or semitrailers over 15 feet in length, an amount based on the number of used vehicle sales, or sales of trailers or semitrailers over 15 feet in length, during the preceding license year, according to the following schedule:

(i) 1 to 250 vehicles $15,000;

(ii) 251 to 500 vehicles $25,000;

(iii) 501 to 1,000 vehicles $35,000;

(iv) 1,001 to 2,500 vehicles $50,000; and

(v) Over 2,500 vehicles $150,000.

(c) (1) This subsection applies only to an applicant who:

(i) Applies for a license to deal in the sale of new or used vehicles; and

(ii) Was not licensed to sell vehicles during the preceding license year.

(2) Subject to paragraph (3) of this subsection, the Administration shall base the amount of a surety bond for an applicant described in paragraph (1) of this subsection on the estimated volume of sales in the initial year in which the license is in effect.

(3) The amount of the surety bond under paragraph (2) of this subsection may not be less than:

(i) For an applicant for a license to deal in the sale of new motor vehicles, $50,000; or

(ii) For an applicant for a license to deal in the sale of either used vehicles or trailers or semitrailers over 15 feet in length, $15,000.

(d) Notwithstanding subsection (c) of this section, if an applicant seeks a license for a location that is or that previously had been operated by a licensed dealer, the Administration may require a surety bond under subsection (b)(2) or (3) of this section based on the volume of sales at that location during a preceding license year.
Md. Code, Commercial Law § 15-701 — MD Code / Article gcl / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Consumer debt” means any debt arising from a transaction for consumer goods as defined in § 9-109 of this article.

(c) “Offset” means the seizure by a bank of personal property, belonging to a customer, in the bank’s possession or under its control on deposit to settle delinquent debts.
Md. Code, Transportation § 15-208 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) A manufacturer may not refuse to deliver new motor vehicles, new two–stage vehicles, or truck component parts, as the case may be, to a licensed dealer or distributor, in reasonable quantities and within a reasonable time after receipt of a written or electronic order, if:

(1) The manufacturer specifically advertises that these vehicles or truck component parts are available for immediate delivery; and

(2) The dealer or distributor has a franchise or other contract with the manufacturer for the sale of these vehicles or truck component parts to the public.

(b) A distributor may not refuse to deliver new motor vehicles, or new two–stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written or electronic order, if:

(1) The distributor specifically advertises that these vehicles are available for immediate delivery; and

(2) The dealer has a franchise or other contract with the distributor for the sale of these vehicles to the public.

(c) A factory branch may not refuse to deliver new motor vehicles, or new two–stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written or electronic order, if:

(1) The factory branch specifically advertises that these vehicles are available for immediate delivery; and

(2) The dealer has a franchise or other contract with the factory branch for the sale of these vehicles to the public.

(d) A failure to deliver vehicles because of a labor strike, government regulation, or other cause not the fault of the manufacturer, distributor, or factory branch is not a violation of this section.

(e) If a dealer has a franchise or other contract with a manufacturer, distributor, or factory branch for the sale of vehicles or truck component parts of a specific line or make, the manufacturer, distributor, or factory branch shall allow the dealer to:

(1) Purchase the vehicles or truck component parts at the same price and on the same terms as all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make; and

(2) Receive the same right to incentive payments that is given to all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make.

(f) (1) Any system operated by a manufacturer, distributor, or factory branch or its affiliate for the allocation of new vehicles to dealers shall be reasonable and fair for all dealers.

(2) On the written request by any of its dealers, a manufacturer, distributor, or factory branch or its affiliate shall disclose to the dealer the method by which new vehicles are allocated to dealers of the same line make.

(3) In any dispute over compliance with this subsection, a manufacturer, distributor, or factory branch or its affiliate has the burden of proving its compliance.
Md. Code, Business Occupations and Professions § 15-501 — MD Code / Article gbo / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

(a) Each professional land surveyor and each licensed property line surveyor may obtain a seal for use as required under § 15-502 of this subtitle.

(b) The seal shall:

(1) be of a design determined by the Board; and

(2) include:

(i) the legend:

1. “professional land surveyor”; or

2. “licensed property line surveyor”; and

(ii) the name of the licensee who holds the seal.
Md. Code, Commercial Law § 15-202 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) A person is insolvent if the present fair market value of his assets is less than the amount required to pay his probable liability on his existing debts as they become absolute and matured.

(b) In determining if a partnership is insolvent, there shall be added to the partnership property:

(1) The present fair market value of the separate assets of each general partner in excess of the amount probably sufficient to meet the claims of his separate creditors; and

(2) The amount of any unpaid subscription to the partnership of each limited partner, if the present fair market value of the assets of the limited partner is probably sufficient to pay his debts, including the unpaid subscription.
Md. Code, Insurance § 15-605 — MD Code / Article gin / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

(a) (1) On or before March 1 of each year, an annual report that meets the specifications of paragraph (2) of this subsection shall be submitted to the Commissioner by, as applicable in accordance with regulations adopted by the Commissioner, each managed care organization that is authorized to receive Medicaid prepaid capitation payments under Title 15, Subtitle 1 of the Health – General Article.

(2) The annual report required under this subsection shall:

(i) be submitted in a form required by the Commissioner; and

(ii) include for the preceding calendar year the following data for all health benefit plans specific to the State:

1. premiums written;

2. premiums earned;

3. total amount of incurred claims including reserves for claims incurred but not reported at the end of the previous year;

4. total amount of incurred expenses, including commissions, acquisition costs, general expenses, taxes, licenses, and fees, estimated if necessary;

5. loss ratio; and

6. expense ratio.

(3) The data required under paragraph (2) of this subsection shall be reported in the aggregate.

(4) The Commissioner, in consultation with the Secretary of Health, shall establish and adopt by regulation a methodology to be used in the annual report that ensures a clear separation of all medical and administrative expenses whether incurred directly or through a subcontractor.

(5) The Commissioner may conduct an examination to ensure that an annual report submitted under this subsection is accurate.

(b) (1) Before a managed care organization may enroll a medical assistance program recipient, the managed care organization shall provide a business plan to the Commissioner.

(2) As part of the annual report required under subsection (a) of this section, a managed care organization shall:

(i) provide a list of the total compensation from the managed care organization, including all cash and deferred compensation, stock, and stock options in addition to salary, of each member of the board of directors of the managed care organization, and each senior officer of the managed care organization or any subsidiary of the managed care organization as designated by the Commissioner; and

(ii) provide any other information or documents necessary for the Commissioner to ensure compliance with this subsection and subsections (a)(3)(iii) and (c)(5), (6), and (7) of this section and for the Secretary of Health to carry out Title 15, Subtitle 1 of the Health – General Article.

(c) (1) (i) Individual health insurance coverage and health insurance coverage offered in the small group and large group markets, as those terms are defined in the federal Public Health Service Act, issued or delivered in the State by an authorized insurer, nonprofit health service plan, or health maintenance organization shall comply with the loss ratio requirements of sections 1001(5) and 10101(f) of the Affordable Care Act, which amend section 2718 of the Public Health Service Act.

(ii) The provisions of subparagraph (i) of this paragraph do not apply to coverage for excepted benefits, as defined in 45 C.F.R. § 146.145(c).

(iii) The Commissioner may require an insurer, a nonprofit health service plan, or a health maintenance organization to file new rates if the loss ratio reported in the manner required under 45 C.F.R. § 158 is less than that required under subparagraph (i) of this paragraph.

(2) The authority of the Commissioner under paragraph (1) of this subsection to require an insurer, nonprofit health service plan, or health maintenance organization to file new rates based on loss ratio:

(i) is in addition to any other authority of the Commissioner under this article to require that rates not be excessive, inadequate, or unfairly discriminatory; and

(ii) does not limit any existing authority of the Commissioner to determine whether a rate is excessive.

(3) (i) In determining whether to require an insurer to file new rates under this subsection, the Commissioner may consider the amount of health insurance premiums earned in the State on individual policies in proportion to the total health insurance premiums earned in the State for the insurer.

(ii) The insurer shall provide to the Commissioner the information necessary to determine the proportion of individual health insurance premiums to total health insurance premiums as provided under this paragraph.

(4) The Secretary of Health, in consultation with the Commissioner and in accordance with their memorandum of understanding, may adjust capitation payments for a managed care organization or for the Maryland Medical Assistance Program of a managed care organization that is a certified health maintenance organization if the loss ratio is less than 85%.

(5) A loss ratio reported under paragraph (4) of this subsection shall be calculated separately and may not be part of another loss ratio reported under this section.

(6) Any rebate received by a managed care organization may not be considered part of the loss ratio of the managed care organization.

(7) If the Secretary of Health adjusts capitation payments for a managed care organization or a certified health maintenance organization under paragraph (4) of this subsection, the managed care organization or certified health maintenance organization may:

(i) appeal the decision of the Secretary to the Board of Review established under Title 2, Subtitle 2 of the Health – General Article; and

(ii) take any further appeal allowed by the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.

(8) The Secretary of Health shall publish in a conspicuous manner on the Web site of the Maryland Department of Health:

(i) the loss ratio, as determined by the Maryland Department of Health for each managed care organization participating in the medical assistance program, for each year during the most recent 3–year period;

(ii) for each year during the 3–year period, the amount to be returned to the medical assistance program, if any, from a managed care organization for failing to meet the loss ratio requirement under paragraph (4) of this subsection; and

(iii) any amount due to or received by the Maryland Department of Health from a managed care organization for each year during the 3–year period.

(d) Each insurer, nonprofit health service plan, and health maintenance organization shall provide annually to each contract holder a written statement of the loss ratio for a health benefit plan as submitted to the Commissioner under this section.

(e) (1) (i) On or before March 1 of each year, unless, for good cause shown, the Commissioner extends the time for a reasonable period, each managed care organization shall file with the Commissioner a report that shows the financial condition of the managed care organization on the last day of the preceding calendar year and any other information that the Commissioner requires by bulletin or regulation.

(ii) At any time, the Commissioner may require a managed care organization to file an interim statement containing the information that the Commissioner considers necessary.

(iii) The annual and interim reports shall be filed in a form required by the Commissioner.

(2) (i) Except as provided in paragraph (3) of this subsection on or before June 1 of each year, each managed care organization shall file with the Commissioner an audited financial report for the preceding calendar year.

(ii) The audited financial report shall:

1. be filed in a form required by the Commissioner; and

2. be certified by an audit of an independent certified public accountant.

(3) With 90 days’ advance notice, the Commissioner may require a managed care organization to file an audited financial report earlier than the date specified in paragraph (2) of this subsection.

(f) Each financial report filed under this section is a public record.
Md. Code, Criminal Procedure § 15-417 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-417
§15–417.
Status: in_force

(a) This section applies only in Prince George’s County.

(b) (1) The State’s Attorney’s salary is $199,000.

(2) The State’s Attorney’s salary and expenses shall be paid in equal semimonthly installments.

(c) (1) The State’s Attorney may appoint the number of deputy State’s Attorneys and assistant State’s Attorneys as authorized by law by the County Executive and County Council.

(2) The deputy and assistant State’s Attorneys serve at the pleasure of the State’s Attorney.

(3) The salary of a deputy State’s Attorney shall be within the discretion of the State’s Attorney but may not exceed a maximum salary authorized by law by the County Executive and County Council.

(4) The salary of an assistant State’s Attorney shall be within the discretion of the State’s Attorney but may not exceed a maximum salary authorized by law by the County Executive and County Council.

(5) The county shall pay the salaries of the deputy and assistant State’s Attorneys in equal semimonthly installments.

(6) The deputy and assistant State’s Attorneys:

(i) shall perform the work directed by the State’s Attorney or as authorized by law; and

(ii) under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.

(d) (1) (i) The State’s Attorney may appoint an administrative assistant who serves at the pleasure of the State’s Attorney.

(ii) The salary of the administrative assistant shall be within the discretion of the State’s Attorney but may not exceed a maximum salary authorized by law by the County Executive and County Council.

(iii) The administrative assistant is not subject to the regulations of the county merit system but is entitled to the same benefits as a county employee under the merit system.

(2) (i) Each eligible, full–time, nonexempt employee, as described in the Prince George’s County Labor Code, of the State’s Attorney’s office is subject to the Prince George’s County personnel law.

(ii) Employees described in subparagraph (i) of this paragraph:

1. may organize and bargain collectively; and

2. are subject to the Prince George’s County Labor Code with regard to collective bargaining for compensation, including pension and fringe benefits, hours, and other terms and conditions of employment.

(iii) The County Executive is the employer of an employee described in subparagraph (i) of this paragraph for the purpose of collective bargaining for hours and compensation, including pension and fringe benefits.

(iv) 1. The State’s Attorney is the employer of an employee described in subparagraph (i) of this paragraph for the purpose of collective bargaining for other terms and conditions of employment.

2. The funding required for a collective bargaining agreement negotiated by the State’s Attorney under this subparagraph is subject to the approval of the County Executive.

(e) (1) Except in connection with duties of the office, the State’s Attorney or a deputy or assistant State’s Attorney may not appear as counsel or represent any party before a court or unit of the State, or political subdivision of the State.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the State’s Attorney or a deputy or assistant State’s Attorney may not engage in the private practice of law.

(ii) The State’s Attorney or a deputy or assistant State’s Attorney may participate in the pro bono program administered by the Prince George’s County Bar Foundation.
Md. Code, Election Law § 15-105 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) For principal political party candidates, the qualifying period is from the first day of the election cycle for a gubernatorial election until the first Monday in May, inclusive, of the election year.

(b) For all other participating candidates, the qualifying period to qualify for only the general election is from the first day of the election cycle for a gubernatorial election until the first Monday in August, inclusive, of the election year.
Md. Code, Environment § 15-304 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

The Bureau may establish a place within the mining area of the State to give instruction to an applicant for a “first-class mine foreman’s certificate”, a “fire-boss certificate”, or a “permit of competence”, and other instruction required under this subtitle or any rule and regulation made under it. The Bureau may conduct courses in order to qualify properly any person who makes application for the various types of certificates.
Md. Code, Health - General § 15-103.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.1
§15–103.
Status: in_force

§15–103.1.

The Program shall use its leverage as a high volume purchaser to promote the cost effectiveness of Maryland’s health care system.
Md. Code, Alcoholic Beverages and Cannabis § 15-206 — MD Code / Article gab / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

(a) The county codes administrator is the inspector for the Board.

(b) The Board shall specify the duties of the inspector, including the administration and enforcement of the alcoholic beverages laws of the county.

(c) The salary of the inspector shall be as provided in the county budget.
Md. Code, Transportation § 15-608 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-608
§15–608.
Status: in_force

(a) A title service agent that, on behalf of the Administration, collects and remits the vehicle excise tax imposed under Title 13, Subtitle 8 of this article may keep the lesser of $12 per vehicle or 0.6% of the gross excise tax that the title service agent collects.

(b) Each title service agent that collects any tax or fee required for titling a vehicle shall:

(1) Keep complete and accurate records of each taxable sale, together with a record of the tax collected on the sale;

(2) Keep copies of every invoice, bill of sale, and other pertinent documents and records, in the form that the Administration requires; and

(3) Preserve these records in original form for at least 3 years, unless the Administration consents in writing to their earlier destruction or, by order, requires that they be kept for a longer period.

(c) Each title service agent that collects any tax or fee required for titling a vehicle shall, during business hours, allow any representative of the Administration and any police officer full access to the documents and records required to be kept under subsection (b) of this section.

(d) If the Administration finds that the records of a title service agent are inadequate or incorrect and that the amount of excise tax collected for the Administration on these sales cannot be determined accurately from the records:

(1) The Administration shall determine the taxable sales facilitated by the title service agent for the period involved and compute the tax from the best information available; and

(2) The determination and computation of the Administration are prima facie correct.

(e) (1) If, under subsection (d) of this section, the Administration determines the taxable sales of vehicles facilitated by the title service agent and computes the tax due, the Administration shall:

(i) Levy an assessment against the title service agent for the deficiency, interest, and penalties in the manner authorized in §§ 13–401, 13–601, and 13–701 of the Tax – General Article; and

(ii) Notify the title service agent of the tax due and the amount of the deficiency assessment.

(2) If the title service agent fails to pay the tax and assessment within 10 days after receiving the notice from the Administration, the Administration may levy, in addition to the tax and assessment, a penalty equal to 25% of the tax due.

(f) If a title service agent fails to keep any records of sales of vehicles, the Administration may compute the tax due as provided in § 13–407 of the Tax – General Article.

(g) All amounts received from a title service agent under this section shall be credited:

(1) First, to any penalty and interest accrued under this section; and

(2) Then, to the tax due.
Md. Code, Business Occupations and Professions § 15-602 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

Except for a licensee who operates the business as a sole practitioner, a person may not operate a business through which land surveying or property line surveying is practiced, unless:

(1) the business is a corporation, a partnership, or a limited liability company; and

(2) the corporation, partnership, or limited liability company holds a permit issued by the Board.
Md. Code, Transportation § 15-303 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) A license may not be issued to a partnership or corporation as such.

(b) (1) If an application for a license is made for a corporation, the license shall be applied for by and issued to three officers of the corporation who are authorized to act for it or, if it is a close corporation, at least one officer authorized to act for the close corporation.

(2) If an application is made for a partnership, the license shall be applied for and issued to all of the partners who are authorized to act for the partnership. However, as to any such partner that is a corporation, the application for the corporate partner shall be made by and issued to three officers of the corporate partner who are authorized to act for it or, if it is a close corporation, at least one officer authorized to act for the close corporation.

(c) Each individual who applies for a license under this section assumes, as an individual, all responsibilities of the dealership and, as an individual, is subject to all conditions, restrictions, and penalties imposed on licensed dealers by the Maryland Vehicle Law.
Md. Code, Insurance § 15-408 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-408
§15–408.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Change in status” means the divorce of the insured and the insured’s spouse.

(3) “Dependent child” means a child of the insured who:

(i) was covered under a group contract as a qualified or eligible dependent of the insured immediately before the change in status; or

(ii) was born to a qualified secondary beneficiary defined in paragraph (6)(i) of this subsection after the change in status.

(4) “Group contract” means:

(i) an insurance contract or policy that is issued or delivered in the State to the employer of the insured by an insurer or nonprofit health service plan and that provides group hospital, medical, or surgical benefits to the insured on an expense-incurred basis; or

(ii) a contract between the employer of the insured and a health maintenance organization certified under Title 19, Subtitle 7 of the Health - General Article that provides group hospital, medical, or surgical benefits offered to the insured.

(5) “Insured” means an employee who is a resident of the State and covered under a group contract.

(6) “Qualified secondary beneficiary” means an individual who is:

(i) a beneficiary under the group contract as the spouse of the insured for at least 30 days immediately preceding the change in status; or

(ii) a dependent child of the insured.

(7) “Termination statement” means written notice of an event specified in subsection (c) of this section that is:

(i) provided to the employer on a form that the Commissioner prescribes; and

(ii) 1. signed by the insured and a qualified secondary beneficiary defined in paragraph (6)(i) of this subsection; or

2. accompanied by the insured’s signed and sworn affidavit that verifies all facts in the termination statement.

(b) (1) Each group contract in force on the date of the change in status shall provide continuation coverage in accordance with this section.

(2) Subject to subsection (c) of this section, a qualified secondary beneficiary is entitled to continuation coverage under a group contract after a change in status.

(3) Paragraph (2) of this subsection does not apply while the insured is not covered by a group contract.

(c) Continuation coverage under this section shall begin on the date of the change in status and end on the earliest of the following:

(1) the date on which the qualified secondary beneficiary becomes eligible for hospital, medical, or surgical benefits under an insured or self-insured group health benefit program or plan, other than the group contract, that is written on an expense-incurred basis or is with a health maintenance organization;

(2) the date on which the qualified secondary beneficiary becomes entitled to benefits under Title XVIII of the Social Security Act;

(3) the date on which the qualified secondary beneficiary accepts hospital, medical, or surgical coverage under a nongroup contract or policy that is written on an expense-incurred basis or is with a health maintenance organization;

(4) the date on which the qualified secondary beneficiary elects to terminate coverage under the group contract;

(5) for an individual who is a qualified secondary beneficiary by reason of having been a dependent child, the date on which the individual would no longer be covered under the group contract if there had not been a change in status; or

(6) for an individual who is a qualified secondary beneficiary by reason of having been the insured’s spouse, the date on which the individual remarries.

(d) Continuation coverage under this section shall be identical to the coverage offered under the group contract to similarly situated beneficiaries for whom there has not been a change in status.

(e) (1) From the date of the change in status until the date on which a termination statement is received by the employer, the insured shall pay to the employer, through payroll deduction or otherwise as determined by the employer, the sum of the employer’s contribution for a qualified secondary beneficiary defined in subsection (a)(6)(i) of this section and the amount of contribution that would have been paid by the insured if there had not been a change in status.

(2) The additional costs payable by the insured under paragraph (1) of this subsection may be allocated between the insured and a qualified secondary beneficiary who was the insured’s spouse or may be reimbursed in full to the insured by the qualified secondary beneficiary by agreement between the parties or, as equity may require, by court order under Title 10, Title 11, or Title 12 of the Family Law Article at the time of the change in status or after the change in status.

(f) Each certificate issued to an insured under a group contract shall include a statement, in a manner and form approved by the Commissioner, that advises the insured of the following:

(1) the availability of continuation coverage under this section; and

(2) a summary of the eligibility for and duration of the continuation coverage.

(g) The Commissioner shall:

(1) publish at least annually in the Maryland Register and in a newspaper of general circulation in each county notice that describes the continuation coverage required under this section;

(2) prescribe by regulation the form and content of the termination statement; and

(3) make termination statement forms available to each employer whose employees are covered by a group contract.

(h) (1) On request of a qualified secondary beneficiary, from the date of the change in status until the date on which a termination statement is received by the employer, the employer shall make available to the qualified secondary beneficiary forms for submitting claims to the group contract insurer.

(2) On presentation of a divorce decree by a qualified secondary beneficiary, the group contract insurer may reimburse the qualified secondary beneficiary directly for hospital, medical, or surgical expenses that the qualified secondary beneficiary has paid.

(3) A group contract insurer that reimburses a qualified secondary beneficiary in accordance with this subsection is not liable to any other party for payment for the same services.

(4) If the insured receives reimbursement from the group contract insurer for hospital, medical, or surgical expenses that a qualified secondary beneficiary has paid, the insured immediately shall pay the reimbursement to the qualified secondary beneficiary unless a written agreement or court order provides otherwise.

(i) (1) An employer that terminates continuation coverage after notice by the insured or qualified secondary beneficiary, or an insurer that terminates continuation coverage after notice by the employer, is not liable to the insured or qualified secondary beneficiary for benefits that otherwise would have been payable under this section if the termination:

(i) is made in good faith;

(ii) is reasonable under the circumstances; and

(iii) is not the result of a mutual or material mistake of fact.

(2) Notwithstanding paragraph (1) of this subsection, receipt by the employer of a termination statement is conclusive evidence of termination, and neither the employer nor the insurer is liable to the qualified secondary beneficiary or insured for benefits that otherwise would have been payable under this section.

(j) This section does not affect or limit the right of a qualified secondary beneficiary to conversion privileges under a group contract.
Md. Code, Insurance § 15-305 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) (1) Blanket health insurance is health insurance issued to or in the name of persons specified in this section to cover the groups of individuals described in this section.

(2) The person to which or in the name of which a policy or contract is issued is deemed the policyholder.

(b) A policy or contract of blanket health insurance may be issued to a common carrier or an operator, owner, or lessee of a means of transportation, to cover all individuals or all individuals of a class who may become passengers on the common carrier or means of transportation.

(c) A policy or contract of blanket health insurance may be issued to an employer, to cover all employees, dependents, or guests who are defined by reference to specific hazards that are incident to the activities or operations of the employer or a class of employees, dependents, or guests similarly defined.

(d) A policy or contract of blanket health insurance may be issued to a school or other institution of learning, a camp or its sponsor, or the head or principal of a school, other institution of learning, or camp, to cover students, campers, supervisors, or employees.

(e) A policy or contract of blanket health insurance may be issued in the name of a religious, charitable, recreational, educational, or civic organization, to cover participants in activities sponsored by the organization.

(f) A policy or contract of blanket health insurance may be issued to a sports team or its sponsors, to cover members, officials, and supervisors.

(g) A policy or contract of blanket health insurance may be issued in the name of a volunteer fire department, first aid group, other similar volunteer group, or agency with jurisdiction over a volunteer fire department, first aid group, or other similar volunteer group, to cover all members of the volunteer fire department or similar volunteer group.

(h) A policy or contract of blanket health insurance may be issued to cover any other risk, class of risks, or both that, in the discretion of the Commissioner, may be eligible for blanket health insurance.
Md. Code, Insurance § 15-817 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-817
§15–817.
Status: in_force

(a) In this section, “child wellness services” means preventive activities designed to protect children from morbidity and mortality and promote child development.

(b) This section applies to each individual hospital or major medical insurance policy, group or blanket health insurance policy, and nonprofit health service plan that:

(1) is delivered or issued for delivery in the State;

(2) is written on an expense-incurred basis; and

(3) provides coverage for a family member of the insured.

(c) (1) A policy or plan subject to this section shall include under the family member coverage a minimum package of child wellness services that are consistent with:

(i) public health policy;

(ii) professional standards; and

(iii) scientific evidence of effectiveness.

(2) The minimum package of child wellness services shall cover at least:

(i) all visits for and costs of childhood and adolescent immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention as of December 31, 2024;

(ii) visits for the collection of adequate samples, the first of which is to be collected before 2 weeks of age, for hereditary and metabolic newborn screening and follow–up between birth and 4 weeks of age;

(iii) universal hearing screening of newborns provided by a hospital before discharge;

(iv) all visits for and costs of age–appropriate screening tests for tuberculosis, anemia, lead toxicity, hearing, and vision as determined by the American Academy of Pediatrics;

(v) all visits for obesity evaluation and management;

(vi) all visits for and costs of developmental screening as recommended by the American Academy of Pediatrics;

(vii) a physical examination, developmental assessment, and parental anticipatory guidance services at each of the visits required under items (i), (ii), (iv), (v), and (vi) of this paragraph; and

(viii) any laboratory tests considered necessary by the physician as indicated by the services provided under items (i), (ii), (iv), (v), (vi), or (vii) of this paragraph.

(d) Except as provided in subsection (e) of this section, an insurer or nonprofit health service plan that issues a policy or plan subject to this section, on notification of the pregnancy of the insured and before the delivery date, shall:

(1) encourage and help the insured to choose and contact a primary care provider for the expected newborn before delivery; and

(2) provide the insured with information on postpartum home visits for the mother and the expected newborn, including the names of health care providers that are available for postpartum home visits.

(e) An insurer or nonprofit health service plan that does not require or encourage the insured to use a particular health care provider or group of health care providers that has contracted with the insurer or nonprofit health service plan to provide services to the insurer’s or nonprofit health service plan’s insureds need not comply with subsection (d) of this section.

(f) (1) A policy or plan subject to this section may not impose a deductible on the coverage required under this section.

(2) Each health insurance policy and certificate shall contain a notice of the prohibition established by paragraph (1) of this subsection in a form approved by the Commissioner.

(g) The Commissioner may adopt regulations necessary to carry out subsection (c)(2)(i) of this section, consistent with federal statutes, rules, and guidance in effect:

(1) on December 31, 2024; or

(2) at a later date to account for any new vaccines recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices after December 31, 2024.
Md. Code, Health - General § 15-102 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) Subject to the limitations of the State budget, the Department shall provide preventive and home care services for indigent and medically indigent individuals.

(b) (1) The Program shall promote educational opportunities for recipients on:

(i) Preventive health care;

(ii) Good health habits; and

(iii) The value of developing ongoing relationships with primary care and lower cost providers.

(2) In educating Program recipients in accordance with the provisions of paragraph (1) of this subsection, the Program shall work with appropriate groups to assist in the education of Program recipients.
Md. Code, Health - General § 15-107 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

(a) The Department may require facilities that participate in the Program to submit cost reports, as defined by the Department, within the time set by the Department.

(b) If a report is not submitted within that time, the Department shall withhold from the facility up to 10 percent of current interim payments for the calendar month in which the report is due and any later calendar months until the report is submitted.
Md. Code, Estates and Trusts § 15-530 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-530
§15–530.
Status: in_force

This subtitle may be cited as the “Maryland Uniform Principal and Income Act”.
Md. Code, Business Occupations and Professions § 15-604 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board, the person may not represent to the public, by use of the title “land surveyors”, “professional land surveyors”, “licensed land surveyors”, “registered land surveyors”, “property line surveyors”, “licensed property line surveyors”, or “registered property line surveyors”, by use of the term “land surveying” or “property line surveying”, by description of services, methods, or procedures, or otherwise, that the person holds a permit or otherwise is authorized to operate a business through which land surveying or property line surveying is practiced in the State.

(b) Subsection (a) of this section does not apply to a professional land surveyor or licensed property line surveyor who operates a business as a sole practitioner.
Md. Code, Education § 15-106.7 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.7
§15–106.
Status: in_force

§15–106.7.

(a) In this section, “State or local public safety employee” has the meaning stated in § 18–601(a)(5) of this article.

(b) A son or a daughter of a State or local public safety employee who is eligible for a scholarship in accordance with § 18–601(d)(3)(iii) of this article is exempt from paying the nonresident tuition rate at a public institution of higher education.

(c) The governing board of each public institution of higher education, in consultation with the Commission, shall adopt appropriate policies to implement the provisions of this section.
Md. Code, Criminal Procedure § 15-412 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-412
§15–412.
Status: in_force

(a) This section applies only in Garrett County.

(b) (1) The county commissioners shall set the State’s Attorney’s salary in accordance with Chapter 91 of the Public Local Laws of Garrett County.

(2) (i) The State’s Attorney’s allowance for office expenses shall be at least $10,000.

(ii) An allowance of more than $10,000 shall be at the discretion of the county commissioners.

(c) (1) Subject to the approval of the county commissioners and as provided for in the county budget, the State’s Attorney may appoint assistant State’s Attorneys.

(2) An assistant State’s Attorney shall:

(i) serve at the pleasure of the State’s Attorney; and

(ii) receive a salary of at least $25,000.

(d) (1) Subject to the approval of the county commissioners and if provided for in the county budget, the State’s Attorney may appoint investigators who shall:

(i) be law enforcement officers in the State; and

(ii) have the same powers, rights, protections, and benefits as a county deputy sheriff.

(2) (i) The State’s Attorney may employ clerical, administrative, investigative, and other staff necessary for the proper conduct of the office.

(ii) Subject to the approval of the county commissioners and in conformity with the county pay and classification plans, the State’s Attorney shall set the salaries and classifications for the employees described in subparagraph (i) of this paragraph.

(e) The State’s Attorney shall serve full time.
Md. Code, State Finance and Procurement § 15-205 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

There is a Maryland State Board of Contract Appeals.
Md. Code, Alcoholic Beverages and Cannabis § 15-503 — MD Code / Article gab / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Insurance § 15-509 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-509
§15–509.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Activity–only wellness program” means a type of health–contingent wellness program in which an individual is required to perform or complete an activity related to a health factor in order to obtain a reward, but which does not require the individual to attain or maintain a specific health outcome.

(3) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(4) “Grandfathered health benefit plan” has the meaning stated in § 1251 of the Affordable Care Act.

(5) “Health benefit plan” has the meaning stated in § 15–1301 of this title.

(6) (i) “Health–contingent wellness program” means a program that requires an individual to satisfy a standard related to a health factor to obtain a reward.

(ii) “Health–contingent wellness program” includes:

1. an activity–only wellness program; and

2. an outcome–based wellness program.

(7) “Health factor” means, in relation to an individual, any of the following health status–related factors:

(i) health status;

(ii) medical condition;

(iii) claims experience;

(iv) receipt of health care;

(v) medical history;

(vi) genetic information;

(vii) evidence of insurability;

(viii) disability; or

(ix) any other health status–related factor determined appropriate by the U.S. Secretary of Health and Human Services.

(8) “Incentive” means:

(i) a discount of a premium or contribution;

(ii) a waiver of all or part of a cost–sharing mechanism, such as deductibles, copayments, or coinsurance;

(iii) the absence of a surcharge;

(iv) the value of a benefit that otherwise would not be provided under the policy or contract; or

(v) a rebate as permitted under § 27–210 of this article.

(9) “Outcome–based wellness program” means a type of health–contingent wellness program in which an individual must attain or maintain a specific health outcome in order to obtain a reward.

(10) “Participatory wellness program” means a program that does not:

(i) provide a reward; or

(ii) include any conditions for obtaining a reward that are based on an individual satisfying a standard that is related to a health factor.

(11) “Reward” means:

(i) obtaining an incentive; or

(ii) avoiding a penalty.

(b) This section applies to grandfathered and nongrandfathered individual and group health benefit plans.

(c) (1) A carrier may include a participatory wellness program as part of an individual or group health benefit plan.

(2) A participatory wellness program shall be made available to all similarly situated individuals regardless of health status.

(d) A carrier may condition a reward for an activity–only wellness program in a group health benefit plan if:

(1) the activity–only wellness program provides individuals with an opportunity to qualify for the reward at least once a year;

(2) the reward for the activity–only wellness program, together with the reward for other health–contingent wellness programs with respect to the health benefit plan, does not exceed:

(i) 30% of the total cost of employee–only coverage under the health benefit plan, except that the applicable percentage is increased by an additional 20 percentage points to the extent that the additional percentage is in connection with a program designed to prevent or reduce tobacco use; or

(ii) when the plan provides coverage for family members, and when family members are permitted to participate in the activity–only wellness program, 30% of the cost of the coverage in which the family members are enrolled, except that the applicable percentage is increased by an additional 20 percentage points to the extent that the additional percentage is in connection with a program designed to prevent or reduce tobacco use;

(3) the activity–only wellness program is reasonably designed to promote health or prevent disease;

(4) the full reward under the activity–only wellness program is available to all similarly situated individuals; and

(5) the carrier discloses the availability of a reasonable alternative standard to qualify for the reward in all plan materials describing the terms of an activity–only wellness program.

(e) An activity–only wellness program shall be construed to be reasonably designed to promote health or prevent disease if the activity–only wellness program:

(1) has a reasonable chance of improving the health of or preventing disease in participating individuals;

(2) is not overly burdensome;

(3) is not a subterfuge for discriminating based on a health factor;

(4) is not highly suspect in the method chosen to promote health or prevent disease; and

(5) provides a reasonable alternative standard to qualify for the reward for all individuals who do not meet the initial standard that is related to a health factor.

(f) (1) For an activity–only wellness program, a carrier shall provide a reasonable alternative standard for obtaining the reward for any individual who requests an alternative standard and for whom it is:

(i) unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; or

(ii) medically inadvisable to attempt to satisfy the otherwise applicable standard.

(2) A carrier may seek verification, such as a statement from an individual’s health care provider, that a health factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard, if reasonable under the circumstances.

(g) (1) A carrier may condition the reward for an outcome–based wellness program in a group health benefit plan if:

(i) the outcome–based wellness program meets the requirements under subsections (d) and (e) of this section;

(ii) the full reward is available to all similarly situated individuals; and

(iii) an individual, on request, is provided with a reasonable alternative standard, provided that the individual does not meet the initial standard because of a medical condition or other health factor.

(2) If the reasonable alternative standard is an educational program, the carrier:

(i) shall make the educational program available or assist the individual in finding a program; and

(ii) may not require an individual to pay for the cost of the educational program.

(3) The time commitment required for the alternative standard shall be reasonable.

(4) If the reasonable alternative is a diet program, the carrier is not required to pay for the cost of food, but is required to pay any membership or participation fee.

(5) If the reasonable alternative standard is an activity–only wellness program, the reasonable alternative standard must comply with the requirements for activity–only wellness programs as if it were an initial program standard.

(6) If the reasonable alternative standard is an outcome–based wellness program, the reasonable alternative standard must comply with the requirements for outcome–based wellness programs.

(7) The reasonable alternative may not be a requirement to meet a different level of the same standard without additional time to comply that takes into account the individual’s circumstances.

(8) An individual shall be given the opportunity to comply with the recommendations of the individual’s personal physician as a second reasonable alternative standard to meeting the reasonable alternative standard defined by the carrier, but only if the physician joins in the request.

(h) A reward under an outcome–based wellness program is not available to all similarly situated individuals as required by subsection (g)(1)(ii) of this section unless the outcome–based wellness program allows a reasonable alternative standard, or waiver of the otherwise applicable standard, for obtaining the reward for any individual who does not meet the initial standard based on the measurement, test, or screening required by the outcome–based wellness program.

(i) (1) In determining if a carrier’s health–contingent wellness program meets the requirements of this section, the Commissioner may request a review of the health–contingent wellness program by an independent review organization selected from the list compiled under § 15–10A–05(b) of this title.

(2) The expense of the review of the health–contingent wellness program by an independent review organization shall be paid by the carrier in the manner provided under § 15–10A–05(h) of this title.
Md. Code, Estates and Trusts § 15-515 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-515
§15–515.
Status: in_force

(a) (1) If a trustee determines that an allocation between principal and income required by § 15-516, § 15-517, § 15-518, § 15-519, or § 15-522 of this subtitle is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 15-502.2(d) of this subtitle applies to the allocation.

(2) This power may be exercised by a cotrustee in the circumstances described in § 15-502.2(e) of this subtitle, and may be released for the reasons and in the manner described in § 15-502.2(f) of this subtitle.

(b) An allocation is presumed to be insubstantial if:

(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or

(2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust’s assets at the beginning of the accounting period.
Md. Code, Insurance § 15-416 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-416
§15–416.
Status: in_force

(a) This section applies to insurers, nonprofit health service plans, and health maintenance organizations that deliver or issue for delivery in the State individual, group, or blanket health insurance policies and contracts.

(b) At least 60 days before a child who is covered under a parent’s individual, group, or blanket health insurance policy or contract reaches the limiting age under the policy or contract, an entity subject to this section shall:

(1) notify the parent of criteria under which a child may remain eligible for coverage as a dependent under the policy or contract; and

(2) provide information regarding:

(i) any other policies that may be available to the child from the entity; and

(ii) the availability of additional information from the Administration regarding individual policies in the State.

(c) The Commissioner shall establish and publish by bulletin the notice to be given under this section.
Md. Code, Health - General § 15-103.4 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.4
§15–103.
Status: in_force

§15–103.4.

(a) A managed care organization may deem a health care provider credentialed for a period of not more than 6 months from the date of receipt of a completed application if:

(1) The health care provider:

(i) Has been credentialed by another entity in the State that is required to credential health care providers; and

(ii) Has submitted an application to participate in the managed care organization’s provider panel; and

(2) The managed care organization verifies that the health care provider was credentialed and remains in good standing with at least one entity that credentialed the health care provider.

(b) An entity that has credentialed a health care provider may not refuse a request by a managed care organization to verify that the health care provider is credentialed and in good standing.

(c) Nothing in this section may be construed to relieve the managed care organization from fully credentialing its health care providers.
Md. Code, Insurance § 15-143 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-143
§15–143.
Status: in_force

(a) In this section, “participation agreement” means a contract that:

(1) is executed by a payor or program administrator and other participating entities; and

(2) describes the requirements for participation in a payment model subject to this section.

(b) This section applies only to a payment model described in § 1–302(d)(12) of the Health Occupations Article:

(1) that applies to individuals covered under health insurance; and

(2) under which there is cash compensation.

(c) (1) Except as provided in paragraph (2) of this subsection, at least 60 days before an exemption provided under § 1–302(d)(12) of the Health Occupations Article for a payment model subject to this section is implemented, the participation agreement and other documents relevant to the payment model under which a compensation arrangement between a health care practitioner and a health care entity is funded or paid shall be filed with the Commissioner.

(2) The filing under paragraph (1) of this subsection is not required if the compensation arrangement is funded fully by or paid fully under the Medicare or Medicaid program.

(d) Within 60 days after the documents required under subsection (c)(1) of this section are filed, the Commissioner shall determine if any compensation arrangement between a health care practitioner and a health care entity funded by or paid under the payment model:

(1) is insurance business; and

(2) violates this article or a regulation adopted under this article.

(e) (1) If the Commissioner determines that a compensation arrangement is insurance business and violates this article or a regulation adopted under this article, the Commissioner shall issue an order to the filer that specifies the ways in which the compensation arrangement violates this article or a regulation adopted under this article.

(2) (i) The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.

(ii) The Commissioner shall give written notice of the hearing to the filer at least 10 days before the hearing.

(iii) The notice shall specify the matters to be considered at the hearing.

(3) If the compensation arrangement between a health care practitioner and a health care entity changes during its term:

(i) the filer shall submit a revised filing to the Commissioner for review of the changes; and

(ii) the Commissioner shall make a new determination, as provided under subsection (d) of this section.

(f) A filing under subsection (c) of this section is subject to the fee required under § 2–112(a)(13) of this article.
Md. Code, Estates and Trusts § 15-502.2 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-502.2
§15–502.
Status: in_force

§15–502.2.

(a) A trustee may adjust between principal and income to the extent the trustee considers necessary if:

(1) The trustee receives a written request from a beneficiary to exercise the power conferred by this subsection to make an adjustment;

(2) The trustee invests and manages the trust assets in the manner set forth in § 15-114(b) and (c) of this title;

(3) The terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust’s income;

(4) The trustee determines, after applying the rules in § 15-502(a) of this subtitle, that the trustee is unable to comply with § 15-502(b) of this subtitle;

(5) The trustee determines that conversion of the trust to a unitrust in accordance with § 15-502.1(a) of this subtitle is an inappropriate method to comply with § 15-502(b) of this subtitle based on a review of all factors relevant to the trust and its beneficiaries; and

(6) (i) The trustee complies with the notice requirements of § 15-502.3 of this subtitle and all qualified beneficiaries consent; or

(ii) A court reviews a petition filed under § 15-502.3 of this subtitle and approves the adjustment.

(b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this section, a trustee shall consider all the factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

(1) The nature, purpose, and expected duration of the trust;

(2) The intent of the creator of the trust;

(3) The identity and circumstances of the beneficiaries;

(4) The needs for liquidity, regularity of income, and preservation and appreciation of capital;

(5) The assets held in the trust and:

(i) The extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property;

(ii) The extent to which an asset is used by a beneficiary; and

(iii) Whether an asset was acquired by the trustee or received from the creator of the trust;

(6) The net amount allocated to income under other provisions of this subtitle and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;

(7) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(8) The actual and anticipated effect of economic conditions on principal and income and the effects of inflation and deflation; and

(9) The anticipated tax consequences of an adjustment.

(c) Unless authorized by a court order in accordance with a petition filed under § 15-502.3 of this subtitle, a trustee may not make an adjustment under subsection (a) of this section in any accounting period if the adjustment results in a distribution of net income to the income beneficiary:

(1) That is greater than 4% of the net fair market value of the trust assets on the first business day of that accounting period, if the net income for that accounting period is less than 4% as determined under this subtitle before application of the provisions of subsection (a) of this section; or

(2) That is less than 4% of the net fair market value of the trust assets on the first business day of that accounting period, if the net income for that accounting period is greater than 4% as determined under this subtitle before application of the provisions of subsection (a) of this section.

(d) A trustee may not make an adjustment under subsection (a) of this section:

(1) That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;

(2) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;

(3) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(4) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside;

(5) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;

(6) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be subject to estate or gift tax with respect to the individual and the assets would not be subject to estate or gift tax with respect to the individual if the trustee did not possess the power to make an adjustment;

(7) If the trustee is a beneficiary of the trust; or

(8) If the trust has been converted to a unitrust in accordance with § 15-502.1 of this subtitle.

(e) If subsection (d)(5), (6), or (7) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment under subsection (a) of this section unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

(f) (1) A trustee may release the entire power conferred by subsection (a) of this section or may release only the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection (d)(1), (2), (3), (4), (5), or (6) of this section or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (d) of this section.

(2) The release authorized under paragraph (1) of this subsection may be permanent or for a specified period, including a period measured by the life of an individual.

(g) The terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection (a) of this section.
Md. Code, Insurance § 15-849 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-849
§15–849.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Abuse–deterrent opioid analgesic drug product” means a brand name or generic opioid analgesic drug product approved by the U.S. Food and Drug Administration with abuse–deterrent labeling that indicates the drug product is expected to result in a meaningful reduction in abuse.

(3) “Opioid analgesic drug product” means a drug product that contains an opioid agonist and is indicated by the U.S. Food and Drug Administration for the treatment of pain, regardless of whether the drug product:

(i) is in immediate release or extended release form; or

(ii) contains other drug substances.

(b) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide coverage for prescription drugs under individual, group, or blanket health insurance policies or contracts that are issued or delivered in the State; and

(ii) health maintenance organizations that provide coverage for prescription drugs under individual or group contracts that are issued or delivered in the State.

(2) An insurer, a nonprofit health service plan, or a health maintenance organization that provides coverage for prescription drugs through a pharmacy benefits manager is subject to the requirements of this section.

(c) (1) An entity subject to this section shall provide coverage for:

(i) at least two brand name abuse–deterrent opioid analgesic drug products, each containing different analgesic ingredients, on the lowest cost tier for brand name prescription drugs on the entity’s formulary for prescription drug coverage; and

(ii) if available, at least two generic abuse–deterrent opioid analgesic drug products, each containing different analgesic ingredients, on the lowest cost tier for generic drugs on the entity’s formulary for prescription drug coverage.

(2) An entity subject to this section may not require an insured or an enrollee to first use an opioid analgesic drug product without abuse–deterrent labeling before providing coverage for an abuse–deterrent opioid analgesic drug product covered on the entity’s formulary for prescription drug coverage.

(d) Notwithstanding subsection (c)(2) of this section, an entity subject to this section may undertake utilization review, including preauthorization, for an abuse–deterrent opioid analgesic drug product covered by the entity, if the same utilization review requirements are applied to non–abuse–deterrent opioid analgesic drug products covered by the entity in the same formulary tier as the abuse–deterrent opioid analgesic product.
Md. Code, Insurance § 15-121 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-121
§15–121.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization;

(v) any person or entity acting as a third party administrator; or

(vi) except for a managed care organization as defined in Title 15, Subtitle 1 of the Health – General Article, any other person that provides health benefit plans subject to regulation by the State.

(3) “Contract” means any written agreement between a provider and a carrier for the provider to render health care services to enrollees of the carrier.

(4) “Enrollee” means any person or subscriber entitled to health care benefits from a carrier.

(5) “Health care services” means a health or medical care procedure or service rendered by a provider that:

(i) provides testing, diagnosis, or treatment of a human disease or dysfunction; or

(ii) dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of a human disease or dysfunction.

(6) (i) “Provider” means a person or entity licensed, certified, or otherwise authorized under the Health Occupations Article or the Health – General Article to provide health care services.

(ii) “Provider” includes:

1. a health care facility;

2. a pharmacy;

3. a professional services corporation;

4. a partnership;

5. a limited liability company;

6. a professional office; and

7. any other entity licensed or authorized by law to provide or deliver professional health care services through or on behalf of a provider.

(b) This section applies to a carrier that provides health care services to enrollees, or otherwise makes health care services available to enrollees, through contracts with providers.

(c) (1) Each carrier shall identify and disclose in layman’s terms in its enrollment sales materials the reimbursement methodology or methodologies the carrier uses to reimburse physicians for health care services rendered to enrollees, including capitation, case rates, discounted fee-for-service, and fee-for-service reimbursement methodologies.

(2) The Maryland Health Care Commission shall develop a uniform definition in layman’s terms of each reimbursement methodology required to be disclosed and identified by carriers under paragraph (1) of this subsection, including a representative example of a typical capitation arrangement between a carrier and a physician.

(d) (1) In addition to the requirements of subsection (c)(1) of this section, each carrier shall disclose in its enrollment sales materials the distribution of each $100 it receives in premium dollars from enrollees for the preceding calendar year, for which data are available.

(2) The disclosure required under paragraph (1) of this subsection shall be in the form of a pie chart or bar graph with descriptive terms and in layman’s terms that identifies consistent with the National Association of Insurance Commissioners’ health maintenance organization annual statement (“orange form”):

(i) the proportion of every $100 in premium dollars that the carrier uses to pay providers for the direct provision of health care services to enrollees, including what proportion is for direct medical care expenses; and

(ii) the proportion of every $100 in premium dollars that the carrier uses to pay for plan administration.
Md. Code, Insurance § 15-2008 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2008
§15–2008.
Status: in_force

The Commissioner may adopt regulations to implement this subtitle.
Md. Code, Insurance § 15-2003 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2003
§15–2003.
Status: in_force

(a) A pharmacy services administrative organization registration expires on the second September 30 after its effective date unless it is renewed as provided under this section.

(b) A pharmacy services administrative organization may renew its registration for an additional 2–year term if the pharmacy services administrative organization:

(1) otherwise is entitled to be registered;

(2) files with the Commissioner a renewal application on the form that the Commissioner requires; and

(3) pays to the Commissioner a renewal fee set by the Commissioner.
Md. Code, Environment § 15-522 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-522
§15–522.
Status: in_force

Whenever a corporation or limited liability company violates any rule or regulation promulgated under § 15-503 of this subtitle, any permit issued pursuant to this subtitle, or fails to correct a violation within the time specified by a notice or order issued under § 15-508(c) or (e) of this subtitle, any officer, director or agent of the corporation or limited liability company who willfully and knowingly authorized, ordered or carried out the violation or failure shall be subject to the penalty provisions of § 15-520(b) and § 15-521(b) and (c) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-2702 — MD Code / Article gab / Title 15 / Subtitle 27 / Section 15-2702
§15–2702.
Status: in_force

An individual may possess an alcoholic beverage in an open container on private property described under § 6–322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property.
Md. Code, Environment § 15-512 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-512
§15–512.
Status: in_force

To encourage optimum revegetation, the Committee may recommend to the Department that it contribute up to 50 percent of the cost of fertilizer, lime, and seed required by an approved mining and reclamation plan.
Md. Code, Health - General § 15-132 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-132
§15–132.
Status: in_force

(a) (1) In this section the following terms have the meanings indicated.

(2) “Assisted living program” has the meaning stated in § 19–1801 of this article.

(3) “Assisted living services” means services provided by an assisted living program as defined in regulations adopted by the Department.

(4) “Case management services” means services that assist waiver eligible individuals in gaining access to needed waiver services and other needed medical, social, housing, and other supportive services.

(5) “Health related care and services” includes:

(i) 24–hour supervision and observation by a licensed care provider;

(ii) Medication administration;

(iii) Inhalation therapy;

(iv) Bladder and catheter management;

(v) Assistance with suctioning; or

(vi) Assistance with treatment of skin disorders and dressings.

(6) “Home health care services” means those services defined in § 19–401 of this article and in 42 C.F.R. 440.70.

(7) “Medically and functionally impaired” means an individual who is assessed by the Department to require services provided by a nursing facility as defined in this section, and who, but for the receipt of these services, would require admission to a nursing facility within 30 days.

(8) “Nursing facility” means a facility that provides skilled nursing care and related services, rehabilitation services, and health related care and services above the level of room and board needed on a regular basis in accordance with § 1919 of the federal Social Security Act.

(9) “Waiver” means a home– and community–based services waiver under § 1915(c) of the federal Social Security Act, submitted by the Department to the Centers for Medicare and Medicaid Services.

(10) “Waiver services” means the services covered under an approved waiver that:

(i) Are needed and chosen by an eligible waiver participant as an alternative to admission to or continued stay in a nursing facility;

(ii) Are part of a plan of service approved by the program;

(iii) Assure the waiver participant’s health and safety in the community; and

(iv) Cost no more per capita to receive services in the community than in a nursing facility.

(b) (1) If authorized by the Centers for Medicare and Medicaid Services, an individual shall be determined medically eligible to receive services if the individual requires:

(i) Skilled nursing care or other related services;

(ii) Rehabilitation services; or

(iii) Health–related services above the level of room and board that are available only through nursing facilities, including individuals who because of severe cognitive impairments or other conditions:

1. A. Are currently unable to perform at least two activities of daily living without hands–on assistance or standby assistance from another individual; and

B. Have been or will be unable to perform at least two activities of daily living for a period of at least 90 days due to a loss of functional capacity; or

2. Need substantial supervision for protection against threats to health and safety due to severe cognitive impairment.

(2) The Department shall adopt regulations to carry out the provisions of this subsection.

(c) The Department’s waiver shall include the following:

(1) A cap on waiver participation of not fewer than 7,500 individuals;

(2) A plan for waiver participation of not fewer than 7,500 individuals;

(3) Financial eligibility criteria which include:

(i) The current federal and State medical assistance long–term care rules for using services provided by a nursing facility, per §§ 1902, 1919, and 1924 of the federal Social Security Act, and applicable regulations adopted by the Department;

(ii) Medically needy individuals using services provided by a nursing facility under the current federal and State medical assistance eligibility criteria governed by regulations adopted by the Department and § 1919 of the federal Social Security Act; and

(iii) Categorically needy individuals with income up to 300% of the applicable payment rate for supplemental security income;

(4) Waiver services that include at least the following:

(i) Assisted living services;

(ii) Case management services;

(iii) Family training;

(iv) Dietitian and nutritionist services;

(v) Medical day care services; and

(vi) Senior center plus services;

(5) The opportunity to provide eligible individuals with waiver services under this section as soon as they are available without waiting for placement slots to open in the next fiscal year;

(6) An increase in participant satisfaction;

(7) The forestalling of functional decline;

(8) A reduction in Medicaid expenditures by reducing utilization of services; and

(9) The enhancement of compliance with the decision of the United States Supreme Court in the case of Olmstead v. L.C. (1999) by offering cost–effective community–based services in the most appropriate setting.

(d) This section may not be construed to affect, interfere with, or interrupt any services reimbursed through the Program under this title.

(e) (1) (i) If the Department maintains a waiting list or registry, each month the Department shall send a waiver application:

1. If there are fewer than 600 individuals on the waiting list or registry, to all individuals on the waiting list or registry; and

2. If there are 600 or more individuals on the waiting list or registry, to at least 600 individuals on the waiting list or registry.

(ii) A waiver application sent under subparagraph (i) of this paragraph shall state clearly and conspicuously that:

1. The applicant must submit the application within 6 weeks after receiving the application; and

2. The applicant is required to meet all of the eligibility criteria for participation in the waiver within 6 months after submitting the application.

(2) If a person determined to be eligible to receive waiver services under this section desires to receive waiver services and an appropriate placement is available, the Department shall authorize the placement.

(f) The Department, in consultation with representatives of the affected industry and advocates for waiver candidates, and with the approval of the Department of Aging, shall adopt regulations to implement this section.
Md. Code, Insurance § 15-1106 — MD Code / Article gin / Title 15 / Subtitle 11 / Section 15-1106
§15–1106.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(3) “Evidence of individual insurability” has the meaning stated in § 15–1105 of this subtitle.

(4) “Health benefit plan” has the meaning stated in § 15–1301 of this title.

(b) If a carrier conditions coverage for a health benefit plan on evidence of individual insurability, the carrier may not rescind a contract or a certificate on the basis of written information submitted on or with, or omitted from, an application for the health benefit plan unless the carrier completed medical underwriting and resolved all reasonable medical questions related to the written information submitted on or with, or omitted from, the application before issuing the health benefit plan.

(c) The carrier shall have the burden of persuasion that its rescission of a health benefit plan complies with subsection (b) of this section.
Md. Code, Environment § 15-606 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

(a) A person may not continue or commence operation of any deep mine as an operator after January 1, 1977 without first obtaining a permit from the Secretary.

(b) The application for a permit shall be on a form prescribed by the Secretary and shall be accompanied by a $200 fee. As part of the application, the operator shall include: (1) two copies of an accurate map or plan as required by subsection (i) of this section; (2) a detailed mine opening sealing plan and general reclamation plan for the affected area; (3) any other information required by the Secretary; and (4) an application for each other permit required for the operation by the Environment Article.

(c) (1) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law.

(2) Upon submission of the completed applications required by subsection (b) of this section, the Department shall require the applicant to publish an approved public notice of the opportunity to submit written comments and to request a hearing.

(3) The public notice shall:

(i) Be published in a newspaper of general circulation in the county of the proposed mining site at least once a week for 4 successive weeks;

(ii) Identify the ownership of the land within the proposed permit area;

(iii) Describe the location of the proposed operation sufficiently so that it can be easily located by local residents;

(iv) Indicate the location where a copy of the application is available for public inspection; and

(v) Include a statement that written comments and requests for a public hearing will be received by the Department for 30 days after the last newspaper publication.

(4) The Department shall provide written notice of applications for permits to any person who requests written notice.

(5) Prior to the hearing, the Secretary shall seek the recommendations of the Land Reclamation Committee concerning the general reclamation plan for the affected area.

(d) (1) If a hearing is requested within the comment period set forth in the public notice, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing. The Department shall publish the date, time, and location of the hearing in a newspaper of general circulation in the county of the proposed operation.

(2) The Department shall hold the hearing at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of the hearing and copies of the application shall be available for public inspection at the Department and at the soil conservation district office in the county of the proposed mine site 15 days before the hearing.

(3) A record of the hearing shall be made and be available to the public.

(e) (1) The Secretary shall approve, reject, or modify the proposed deep mining plans. If a hearing is requested, after the hearing, the Secretary shall approve, reject, or modify the proposed deep mining plans.

(2) If the Secretary modifies or rejects a deep mining plan, the operator shall be notified in writing of the reasons for rejection or the modifications required. The operator may resubmit the plan with the requested corrections or modifications to the Secretary.

(f) A permit issued under this subtitle is valid for a period of up to five years from its issuance or until the operation is completed or abandoned, unless the Department suspends or revokes the permit or unless the permittee requests a change in operations.

(g) A permit is renewable on application and payment of a $200 fee.

(h) A permit may not be issued to any operator for the purpose of mining any abandoned mine or part of it that has been sealed in compliance with this subtitle, unless a detailed projected mining plan in the form of a cost-benefit analysis is submitted to and approved by the Secretary. The Secretary may not approve a plan unless the plan shows that a continuation of mining would not affect adversely the current environmental balance of the area and would be advantageous for the more complete recovery and utilization of the natural resources.

(i) The operator of any coal mine in the State shall make, or cause to be made by a competent mining engineer or surveyor, an accurate map of the mine for each seam of coal worked, on a scale of not less than 200 feet to the inch, which shows:

(1) The boundary lines of the property, the location of all buildings, railway tracks, wagon or other roads, rivers, streams, lakes and ponds, with the depth indicated, other important landmarks on the surface of the property; connecting lines of contiguous properties; and any lines with relation to contiguous mines or coal properties.

(2) The openings, excavations, shafts, slopes, drifts, tunnels, planes, entries, rooms, crosscuts, and the name and location number of each coal mine, if so identified.

(3) The elevation datum at top and bottom of each shaft, slope, and any drifts, tunnels, planes, at the faces of entries, as found at each semiannual survey; and in rooms and entries adjacent to boundary lines between the mine and any adjoining mine at points not more than 300 feet apart; the date of entry of each datum; and the location and elevation of any body of water dammed within or held back in any portion of the mine, giving as nearly as ascertainable, the true area of the body of water.

(4) The direction of the air currents in the mine, indicated by arrows.
Md. Code, Insurance § 15-2102 — MD Code / Article gin / Title 15 / Subtitle 21 / Section 15-2102
§15–2102.
Status: in_force

(a) This section applies to arrangements under a health benefit plan offered by a carrier or a self–funded group health insurance plan in which a capitated payment is:

(1) calculated as a fixed amount per member or participant assigned or attributed to the health care practitioner or set of health care practitioners;

(2) to cover the provision of a set of services defined in the health care practitioner’s or set of health care practitioners’ contract and rendered by the health care practitioner or set of health care practitioners; and

(3) paid periodically regardless of utilization of the services by the members or participants.

(b) Subject to the requirements of subsection (c) of this section, a health care practitioner or set of health care practitioners is not engaged in insurance business as described in § 4–205 of this article solely because the health care practitioner or set of health care practitioners enters into a contract with a carrier that includes capitated payments for services provided by the health care practitioner or set of health care practitioners.

(c) A health care practitioner or set of health care practitioners is not engaged in insurance business as described in § 4–205(c) of this article solely because the health care practitioner or set of health care practitioners enters into a contract with an administrator that includes capitated payments for services provided by the health care practitioner or set of health care practitioners to members of a self–funded group health plan if:

(1) the health care practitioner or set of health care practitioners participates in the administrator’s network and accepts capitated payments;

(2) the self–funded group health plan retains the obligation to provide access to covered health care benefits to participants; and

(3) the contract does not include other reimbursement arrangements that are considered acts of an insurance business under § 4–205(c) of this article.

(d) Notwithstanding subsections (b) and (c) of this section, nothing in this section may be construed to:

(1) alter any requirement for a carrier or self–funded group health plan to pay a hospital or related institution the rate approved by the Health Services Cost Review Commission for hospital services; or

(2) supersede the Health Services Cost Review Commission’s jurisdiction or authority over rate review and approval for hospital services.
Md. Code, Commercial Law § 15-210 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

(a) If a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured, he may proceed in a court of competent jurisdiction against any person against whom he could have proceeded had his claim matured.

(b) In the proceeding, the court may:

(1) Restrain the defendant from disposing of his property;

(2) Appoint a receiver to take charge of the property;

(3) Set aside the conveyance or annul the obligation; or

(4) Enter any order which the circumstances of the case require.
Md. Code, Environment § 15-525 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-525
§15–525.
Status: in_force

No person may engage in or be directly responsible for blasting or the use of explosives in open-pit mining operations without being certified by the Department. The Department shall establish a program providing training, examination and certification.
Md. Code, Health - General § 15-402 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) There is a Qualified State Long–Term Care Insurance Partnership.

(b) The purposes of the Program are to:

(1) Provide incentives for individuals to insure against the costs of providing for their long–term care needs;

(2) Provide mechanisms for individuals to qualify for coverage of the costs of their long–term care needs under the medical assistance program without first being required to substantially exhaust all their resources;

(3) Assist in developing methods for increasing access to and the affordability of a long–term care policy; and

(4) Alleviate the financial burden on the State’s medical assistance program by encouraging pursuit of private initiatives.

(c) The Program shall:

(1) Be administered by:

(i) The Department; and

(ii) The Commissioner;

(2) Provide for the financing of long–term care services by:

(i) Private insurance; and

(ii) State medical assistance; and

(3) Comply with the requirements of § 1917(b) of the Social Security Act and any applicable federal guidelines.
Md. Code, Land Use § 15-101 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

(a) There is a Maryland–National Capital Park and Planning Commission.

(b) The Commission is a body politic and corporate and is an agency of the State.
Md. Code, Health - General § 15-603 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Program may accept for the purpose of dispensing only:

(1) Prescription drugs and over–the–counter drugs in their original unopened, sealed, and tamper–evident packaging, including drugs that have been packaged by a manufacturer or have been repackaged by an entity authorized to repackage drugs in the state in which the entity is located; and

(2) Medical supplies in their original unopened and sealed packaging.

(b) The Program may accept and dispense prescription drugs and over–the–counter drugs packaged in single unit doses when the outside packaging is opened if the single unit dose packaging is undisturbed.

(c) (1) The Program may not accept prescription drugs, over–the–counter drugs, or medical supplies for dispensing that:

(i) Except as provided in paragraph (2) of this subsection, bear an expiration date that is less than 90 days from the date the drug is donated;

(ii) May be adulterated, according to the standards of § 21–216 of this article; or

(iii) Belong to a category of unacceptable drugs established under § 15–608(b)(1) of this subtitle.

(2) (i) The Program may accept prescription drugs and over–the–counter drugs that bear an expiration date that is less than 90 days from the date the drug is donated if the prescription drug or over–the–counter drug is in high demand.

(ii) If the Program accepts a prescription drug or over–the–counter drug under subparagraph (i) of this paragraph, the Program may not dispense the prescription drug or over–the–counter drug if the expiration date occurs during the time period for which the prescription drug or over–the–counter drug is prescribed.
Md. Code, Commercial Law § 15-203 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

Fair consideration is given for property or an obligation, if:

(1) In exchange for the property or obligation, as a fair equivalent for it and in good faith, property is conveyed or an antecedent debt is satisfied; or

(2) The property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained.
Md. Code, Health - General § 15-904 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-904
§15–904.
Status: in_force

(a) The Department and the departments of Human Services and Aging shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of independent home care providers.

(b) Except as otherwise provided in this subtitle, the parties shall adhere to the bargaining process set forth in § 3–501 of the State Personnel and Pensions Article.

(c) The State agencies specified in subsection (a) of this section that are engaged in bargaining shall negotiate, in consultation with the Department of Budget and Management, all matters that require appropriation of State funds.

(d) Collective bargaining shall include all matters relating to the terms and conditions of participation by independent home care providers in the provision of home care services under the programs specified in § 15–901(b) of this subtitle, including:

(1) Reimbursement rates;

(2) Benefits;

(3) Payment procedures;

(4) Contract grievance procedures;

(5) Training;

(6) Member dues deductions; and

(7) Other terms and conditions of participation by independent home care providers in the provision of home care services under the programs specified in § 15–901(b) of this subtitle.

(e) (1) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, collective bargaining may include negotiations relating to the right of a provider organization that is the exclusive representative to receive service fees from nonmembers.

(ii) The representatives of the State may not reach an agreement containing a service fee provision unless the representatives of the State conclude that the agreement as a whole will not adversely impact nonmember providers.

(iii) The representatives of the State may only agree to a service fee provision if the service fee provision would require nonmembers to pay service fees on a sliding scale in approximate proportion to the amount each nonmember receives in reimbursement through:

1. The Medicaid Waiver for Older Adults that is jointly administered by the Department and the Department of Aging as established under § 15–132 of this title, or any successor program;

2. The Medicaid Personal Care Program under the State Medical Assistance Program, or any successor program; and

3. The In–Home Aide Service Program administered by the Department of Human Services, or any successor program.

(2) An independent home care provider whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization:

(i) Is not required to pay a service fee; but

(ii) Shall pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish to the State agencies engaged in collective bargaining under this subtitle and the exclusive representative written proof of the payment.

(3) (i) An independent home care provider who provides home care services only to an immediate family member is not required to pay a service fee.

(ii) An independent home care provider who provides services to an immediate family member and any other individual who is not an immediate family member may be required to pay a service fee that is proportionate to the amount the provider receives in reimbursement for the provider’s services to any individual who is not an immediate family member.

(iii) An independent home care provider may be required to provide written documentation of the provision of home care services to an immediate family member.

(f) Notwithstanding subsection (d) of this section, the representatives of the State:

(1) May not be required to negotiate any matter that is inconsistent with applicable law; and

(2) May negotiate and reach agreement with regard to any matter that is inconsistent with applicable law only if it is understood that the agreement with respect to the matter cannot become effective unless the applicable law is amended by the General Assembly in a manner that eliminates inconsistency.

(g) (1) The parties shall reduce their agreement to a Memorandum of Understanding that complies with the provisions of § 3–601 of the State Personnel and Pensions Article.

(2) If the Memorandum of Understanding contains a service fee provision, before the vote to ratify the Memorandum of Understanding is held, the exclusive representative shall provide notice that the Memorandum of Understanding contains a provision for a service fee that will be charged on a sliding scale to independent home care providers.
Md. Code, Insurance § 15-402 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) This section applies to:

(1) each individual or group health insurance policy that is issued in the State; and

(2) each contract that is issued in the State by a nonprofit health service plan or a health maintenance organization.

(b) (1) Notwithstanding any limiting age stated in a policy or contract subject to this section, a child, grandchild, or individual for whom guardianship is granted by court or testamentary appointment shall continue to be covered under the policy or contract as a dependent of an employee, member, or other covered individual if the child, grandchild, or individual under guardianship:

(i) is unmarried;

(ii) is chiefly dependent for support on the employee, member, or other covered individual; and

(iii) at the time of reaching the limiting age, is incapable of self–support because of mental or physical incapacity that started before the child, grandchild, or individual under guardianship attained the limiting age.

(2) A child, grandchild, or individual under guardianship who is covered under this section shall continue to be covered while remaining unmarried, dependent, and mentally or physically incapacitated until the coverage on the employee, member, or other covered individual on whom the child, grandchild, or individual under guardianship is dependent terminates.

(c) To be eligible for coverage under this section:

(1) a grandchild must be a dependent, and in the court–ordered custody, of the employee, member, or other covered individual; and

(2) an individual must be a dependent and in the custody of the employee, member, or other covered individual as a result of a guardianship, other than a temporary guardianship of less than 12 months duration, granted by court or testamentary appointment.
Md. Code, Insurance § 15-2005 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2005
§15–2005.
Status: in_force

Subject to the applicable hearing provisions of Title 2 of this article, the Commissioner may deny a registration to a pharmacy services administrative organization or refuse to renew, suspend, or revoke the registration of a pharmacy services administrative organization if the pharmacy services administrative organization, or an officer, a director, or an employee of the pharmacy services administrative organization:

(1) makes a material misstatement or misrepresentation in an application for registration;

(2) fraudulently or deceptively obtains or attempts to obtain a registration;

(3) in connection with the administration of pharmacy services administrative organization services, commits fraud or engages in illegal activities; or

(4) violates this subtitle or a regulation adopted under this subtitle.
Md. Code, Insurance § 15-1902 — MD Code / Article gin / Title 15 / Subtitle 19 / Section 15-1902
§15–1902.
Status: in_force

(a) Notwithstanding any other provision of this article or the Health – General Article, a contract between a carrier and a clinically integrated organization may include a provision to pay:

(1) for services associated with the coordination of covered medical services to qualifying individuals; and

(2) a bonus, fee–based incentive, bundled fees, or other incentives to promote the efficient, medically appropriate delivery of covered medical services to qualifying individuals.

(b) The Commissioner, in consultation with the Maryland Health Care Commission, may adopt regulations specifying the types of payments and incentives permissible under this section.

(c) (1) A carrier shall file a copy of a contract between the carrier and a clinically integrated organization with the Commissioner.

(2) If the contract includes a provision to pay a bonus or other incentive that does not comply with § 15–113 of this title, the Commissioner shall provide a copy of the contract to the executive director of the Maryland Health Care Commission.

(3) Notwithstanding any other provision of law, a copy of a contract filed with the Commissioner or provided by the Commissioner to the executive director of the Maryland Health Care Commission under this subsection, is:

(i) confidential and privileged;

(ii) not subject to:

1. Title 4 of the General Provisions Article;

2. subpoena; or

3. discovery; and

(iii) not admissible in evidence in any private action.
Md. Code, State Finance and Procurement § 15-219 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-219
§15–219.
Status: in_force

(a) Except to the extent a shorter period is prescribed by regulation governing differing site conditions, a contractor shall file a written notice of a claim relating to a procurement contract for construction within 30 days after the basis for the claim is known or should have been known.

(b) Unless extended by the unit, within 90 days after submitting a notice of a contract claim under a procurement contract for construction, a contractor shall submit to the unit a written explanation that states:

(1) the amount of the contract claim;

(2) the facts on which the contract claim is based; and

(3) all relevant data and correspondence that may substantiate the contract claim.

(c) (1) Subject to paragraph (2) of this subsection, the head of the unit engaged in procurement of the construction shall review the contract claim.

(2) If the unit is part of a principal department or other equivalent unit, the Secretary of the principal department or the equivalent official shall review the contract claim, unless review has been delegated by regulation to the head of the unit.

(d) The person who reviews a contract claim under subsection (c) of this section shall:

(1) investigate the contract claim; and

(2) give the contractor written notice of a resolution of the contract claim:

(i) within 90 days after receiving the contract claim or a longer period to which the parties agree, if the amount of the contract claim is not more than the amount under which the accelerated procedure may be selected before the Appeals Board; or

(ii) for any other contract claim, within 180 days after receiving the contract claim or a longer period to which the parties agree.

(e) Recovery under a contract claim is not allowed for any expense incurred:

(1) more than 30 days before the required submission of a notice of a claim under subsection (a) of this section; or

(2) unless the time for submission of a claim is extended under subsection (b) of this section, more than 120 days before the required submission of the claim.

(f) (1) If the unit determines that it is responsible for a portion but not all of the amount claimed by the contractor, subject to the terms of the contract, the unit shall pay the undisputed amount.

(2) Payment of the undisputed amount:

(i) is not an admission of the liability of the unit on the claims; and

(ii) does not preclude recovery of the amount paid if it subsequently is determined that the determination of the unit was not correct.

(g) (1) A decision not to pay a contract claim is a final action for the purpose of appeal to the Appeals Board.

(2) The failure to reach a decision within the time required under subsection (c) of this section may be deemed, at the option of the contractor, to be a decision not to pay the contract claim.

(h) At the time of final payment, the unit shall:

(1) release the retainage due to the contractor; and

(2) pay any interest that:

(i) has accrued on the retainage from the time of payment of the semifinal estimate; and

(ii) is due and payable to the contractor.
Md. Code, Health - General § 15-111 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

(a) The Department may authorize reimbursement of a licensed day care center for the elderly or medically handicapped adults for medical care that the center provides to a Program recipient who is certified as requiring nursing home care.

(b) (1) Reimbursement under this section is subject to the availability of federal funds.

(2) The reimbursement rate for medical day care:

(i) May not exceed a maximum per diem rate established by regulation of the Department; and

(ii) Shall cover the following:

1. Administrative overhead;

2. Drugs, supplies, and equipment;

3. Food;

4. Medical services;

5. Staff; and

6. Transportation.
Md. Code, Health - General § 15-104 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

The Secretary may contract with the Department of Human Services to provide medical services to those individuals for whom:

(1) Funds are appropriated to the Department of Human Services; and

(2) The Department of Human Services is responsible under the appropriation.
Md. Code, Insurance § 15-112.3 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-112.3
§15–112.
Status: in_force

§15–112.3.

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Carrier” has the meaning stated in § 15–112 of this subtitle.

(ii) “Carrier” does not include a managed care organization, as defined in Title 15, Subtitle 1 of the Health – General Article.

(3) “Multi–carrier common online provider directory information system” means the system designated by the Commissioner for use by providers to provide and update their provider directory information with carriers.

(b) The Commissioner may designate a multi–carrier common online provider directory information system developed by a nonprofit alliance of health plans and trade associations if:

(1) the system is available to providers nationally;

(2) the system is available to providers at no charge;

(3) the system allows providers to:

(i) attest online to the accuracy of their information; and

(ii) 1. correct any inaccurate information; and

2. attest to the correction; and

(4) the nonprofit alliance has a well–established mechanism for outreach to providers.

(c) A carrier shall accept new and updated provider directory information for a provider submitted:

(1) (i) through the multi–carrier common online provider directory information system; or

(ii) directly to the carrier; and

(2) from:

(i) the provider;

(ii) a hospital or academic medical center that:

1. is a participating provider on the carrier’s provider panel; and

2. acts as a credentialing intermediary for the carrier for providers that:

A. participate on the carrier’s provider panel; and

B. have privileges at the hospital or academic medical center; or

(iii) any other person that performs credentialing functions on behalf of a provider.
Md. Code, Transportation § 15-304 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not be licensed under this subtitle unless:

(1) The business to be conducted under the license is the only or principal business conducted from the fixed location specified in the application;

(2) That business is conducted from a building that is adequate and appropriate for the sale of the vehicles that may be sold under the license; and

(3) That business either:

(i) Maintains and operates an automotive repair facility equipped for reasonably adequate and proper servicing of the vehicles to be sold by it; or

(ii) Has an existing contract, approved by the Administration, that requires the contractor to service, at a reasonably convenient location, the vehicles to be sold by the business.

(b) (1) As to trailers, semitrailers, motorcycles, Class C (funeral and ambulance) vehicles, or emergency vehicles as defined in § 11–118(2), (5), and (7) of this article, the sale of these vehicles need not be the only or principal business conducted from the fixed location, but shall be subject to any reasonable location requirements determined by the Administration by rule or regulation.

(2) A wholesale dealer may be licensed under this subtitle regardless of whether the wholesale dealer meets the requirements of subsection (a)(1) and (3) of this section, but a wholesale dealer shall be subject to any reasonable location requirements determined by the Administration by rule or regulation.

(c) Notwithstanding the provisions of this section:

(1) Except as provided in paragraph (3) of this subsection, a new vehicle dealer, or a licensed vehicle salesman who is employed by the dealer, may participate in 2 annual vehicle shows for each dealer location.

(2) A display or exhibit of vehicles provided by a vehicle manufacturer is not a vehicle show under this section if buyers’ orders are not executed and deposits are not accepted.

(3) (i) A new vehicle dealer franchised to sell Class M motor homes or Class G trailers, or a licensed salesman who is employed by the dealer, may participate in 3 annual vehicle shows.

(ii) A new vehicle dealer franchised to sell motorcycles, or a licensed salesman who is employed by the dealer, may participate in more than 2 annual vehicle shows.

(d) A vehicle dealer or licensed vehicle salesman listed in subsection (c) of this section may participate in a vehicle show if:

(1) The dealer holds a valid license issued under this title; and

(2) At least 60 days before the vehicle show, an application is filed with the Administration, for approval by the Administration, that contains:

(i) A list of the names and business addresses of participating dealers to the extent known;

(ii) The location of the vehicle show;

(iii) The specific dates on which the vehicle show will be held; and

(iv) Other reasonable information required by the Administration; and

(3) The vehicle show does not exceed 10 consecutive days and, except for motorcycle shows, is restricted to new vehicles only.

(e) (1) This subsection does not apply to a licensed motorcycle dealer or a licensed motorcycle salesman who is employed by the dealer.

(2) A licensed dealer, or a licensed vehicle salesman who is employed by the dealer, who participates in a vehicle show may execute a buyer’s order and accept a deposit as provided in paragraph (3) of this subsection.

(3) A licensed dealer may not accept a deposit that:

(i) For an order for any vehicle, except a Class M motor home, exceeds 5 percent of the cost of the vehicle; or

(ii) For an order of a Class M motor home, exceeds 10 percent of the cost of the motor home.

(4) Except as otherwise provided in paragraph (2) of this subsection, a licensed dealer, or a licensed vehicle salesman who is employed by the dealer, shall conduct activities involved in a vehicle sale, including the completion of the sales contract, the issuance of temporary registration plates and a temporary registration certificate, and delivery of the vehicle, at the dealer’s fixed location as shown in the dealer’s application for the license.

(f) A licensed motorcycle dealer, or a licensed salesman who is employed at a vehicle show by the dealer, may conduct all activities involved in a motorcycle sale, including executing a buyer’s order, accepting a deposit of any amount, completing the sales contract, issuing temporary registration plates and a temporary registration certificate, and delivery of the motorcycle.
Md. Code, Commercial Law § 15-102 — MD Code / Article gcl / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(3) “Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.

(b) The property of an insolvent who makes an assignment for the benefit of creditors or who has his property taken by a receiver under a decree of a court in an insolvency proceeding shall be applied to the following, in the order stated:

(1) Costs and expenses of the administration of the trust or insolvency proceeding which the court approves;

(2) Wages of an employee and health, welfare, and pension contributions contracted for in place of wages, earned not more than three months before the assignment or institution of the insolvency proceeding;

(3) Lien claims of the State, a county, municipal corporation, or other political subdivision of the State perfected or recorded before the assignment or institution of the insolvency proceeding, and claims of persons having judicial liens on property of the insolvent recorded more than four months before the assignment or institution of the insolvency proceeding;

(4) Unsecured claims of individuals, to the extent of $900 for each individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of the individuals, that were not delivered or provided;

(5) Rent for any interest in real property in the State due not more than three months before the execution of the assignment or institution of the insolvency proceeding;

(6) Charges in connection with the transportation of goods advanced by one common carrier to another on behalf of a consignor or consignee not more than three months before the assignment or institution of the insolvency proceeding;

(7) Taxes not included in paragraph (3) of this subsection; and

(8) Claims of unsecured creditors.

(c) For the purpose of subsection (b)(1) of this section, the landlord’s claim for rent for any interest in real property in this State due not more than three months before the execution of the assignment or institution of the insolvency proceeding shall be considered a perfected lien on the distrainable property of the insolvent to the same extent as if distress for rent was levied by the landlord before the assignment or the institution of the insolvency proceeding.
Md. Code, Business Regulation § 15-201 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging establishment, or the agent of an owner, operator, manager, or keeper of a lodging establishment.

(c) “Lodging establishment” means an inn, hotel, motel, or other establishment that has at least four rooms available for a fee to transient guests for lodging or sleeping purposes.
Md. Code, Transportation § 15-213 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-213
§15–213.
Status: in_force

Notwithstanding any administrative or criminal sanctions imposed by this subtitle, if a person suffers financial injury or other damage as a result of a violation of this subtitle by any other person, whether or not that other person has been found guilty of a criminal violation, the injured person may recover damages and reasonable attorneys’ fees in any court of competent jurisdiction.
Md. Code, Education § 15-136 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-136
§15–136.
Status: in_force

(a) (1) In this section, “public senior higher education institution” means:

(i) The constituent institutions of the University System of Maryland;

(ii) Morgan State University; and

(iii) St. Mary’s College of Maryland.

(2) “Public senior higher education institution” does not include:

(i) The University of Maryland Center for Environmental Studies; or

(ii) The University of Maryland Global Campus.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, on or before August 1, 2024, each public senior higher education institution, in consultation with students, shall develop and implement a reproductive health services plan to provide at the public senior higher education institution or to refer students to a comprehensive range of reproductive health services.

(ii) In lieu of developing and implementing a plan under subparagraph (i) of this paragraph, the University of Baltimore shall provide students with access to over–the–counter contraception through on–campus retail establishments or vending machines.

(2) The plan required under paragraph (1) of this subsection shall include:

(i) The provision of or referral to off–campus services for obtaining:

1. All methods of federal Food and Drug Administration–approved contraception, including prescription emergency contraception;

2. Prevention and treatment services for sexually transmitted infections, including HIV prevention; and

3. Abortion care services;

(ii) 24–hour access to over–the–counter contraception through the student health center, retail establishments on campus, or vending machines;

(iii) The availability of evidence–based reproductive health education services provided by the student health center, peer educators, or other health education programs; and

(iv) Development of a referral network of off–campus reproductive health services providers, including pharmacies, located within a reasonable proximity to the campus.

(3) A public senior higher education institution shall update the reproductive health services plan developed under this subsection each year.

(c) The Maryland Department of Health, on request, shall provide assistance to a public senior higher education institution in developing a reproductive health services plan under this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-601 — MD Code / Article gab / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

(a) There is a Class A beer license.

(b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license.

(2) The license holder shall sell the beer in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer is sold.

(c) The annual license fee is $250.
Md. Code, Health Occupations § 15-203 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

The Board shall adopt regulations governing:

(1) The term of office for Committee members;

(2) The procedure for filling vacancies on the Committee;

(3) The removal of Committee members; and

(4) The duties of each officer.
Md. Code, Health - General § 15-103.5 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.5
§15–103.
Status: in_force

§15–103.5.

(a) For the calendar year prior to the report date under subsection (b) of this section, the Department shall review the rates paid to providers under the federal Medicare fee schedule and compare the rates under the Medicare fee schedule to the fee–for–service rates paid to similar providers for the same services under the Maryland Medical Assistance Program and the rates paid to managed care organization providers for the same services under the Maryland Medical Assistance Program.

(b) On or before January 1, 2010, and each January 1 thereafter, the Department shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee on:

(1) The review and comparison under subsection (a) of this section;

(2) Whether the fee–for–service rates and managed care organization provider rates will exceed the rates paid under the Medicare fee schedule for the period covered by the review required under subsection (a) of this section;

(3) An analysis of the fee–for–service reimbursement rates paid in other states and how those rates compare with those in the State;

(4) A schedule for bringing the State’s fee–for–service reimbursement rates to a level that assures that all health care providers are reimbursed adequately to provide access to care; and

(5) An analysis of the estimated costs of implementing the schedule and any proposed changes to the fee–for–service reimbursement rates for the Maryland Medical Assistance Program and the Maryland Children’s Health Program.
Md. Code, Insurance § 15-715 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-715
§15–715.
Status: in_force

(a) This section applies to each individual or group health insurance policy or contract that is issued or delivered in the State by an insurer, nonprofit health service plan, or health maintenance organization.

(b) To the extent required under federal law, an insurer, nonprofit health service plan, or health maintenance organization shall reimburse a community health resource, as defined in § 19-2101 of the Health - General Article, for covered services provided to the insured or any other person covered by the policy or contract.
Md. Code, Transportation § 15-503 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

(a) A person may not be licensed under this subtitle unless:

(1) The business to be conducted under the license is conducted from a building that is adequate and appropriate for the business;

(2) That business has a storage area large enough for at least 25 vehicles; and

(3) At the fixed location from which the business is conducted, as specified in the application, there is a substantial and legible sign:

(i) That advertises the type of business conducted at the location; and

(ii) That is placed in a way so as to be seen readily by the public.

(b) A person may not be licensed as a scrap processor unless the person maintains the following equipment suitable for processing vehicle scrap:

(1) A hydraulic baler and shears;

(2) A shredder; or

(3) Any other suitable equipment that the Administration requires by rule or regulation.

(c) A person licensed under this subtitle at a fixed location, as specified in the application, on or before December 31, 1985, and the person’s successors or assigns, may not be refused permission to operate at the fixed location solely because any portion of the fixed location is within the 100-year floodplain of waters of the State as defined in § 8-101 of the Natural Resources Article.
Md. Code, Health Occupations § 15-202 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) (1) The Committee shall consist of seven members appointed by the Board.

(2) Of the seven Committee members:

(i) Three shall be licensed physicians;

(ii) Three shall be licensed physician assistants; and

(iii) One shall be a consumer.

(3) Of the licensed physician members:

(i) At least one shall specialize in general surgery or a surgical subspecialty; and

(ii) At least one shall specialize in internal medicine, family practice, or a similar primary care specialty.

(4) The Board shall appoint the physician assistant members from a list of names submitted by:

(i) The Maryland Academy of Physician Assistants; and

(ii) The State institutions of higher education with approved physician assistant programs.

(5) Each member of the Committee licensed by the Board must be in good standing with the Board.

(6) The consumer member:

(i) Must be a member of the general public;

(ii) May not be or have ever been:

1. A physician assistant;

2. Any other health care professional; or

3. In training to be a physician assistant or other health professional; and

(iii) May not:

1. Participate or ever have participated in a commercial or professional field related to physician assistant practice;

2. Have a household member who participates in a commercial or professional field related to physician assistant practice;

3. Have had within 2 years before appointment a financial interest in a person regulated by the Board; or

4. Have had within 2 years before appointment a financial interest in the provision of goods or services to physician assistants or to the field of physician assistant practice.

(7) Each member of the Committee must be a resident of the State.

(b) Of the three physician members of the Committee, two shall be previously or currently serving as a patient care team physician under a collaboration agreement with a physician assistant.

(c) Of the three physician assistant members of the Committee:

(1) At least one must be currently practicing in a hospital; and

(2) At least one must be currently practicing in a nonhospital setting.

(d) (1) The term of a member is 3 years.

(2) The terms of members are staggered as required by regulation.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) A member may not serve more than two consecutive full terms.

(e) From among its members, the Committee shall elect a chair every 2 years.

(f) The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.

(g) A quorum of the Committee consists of four members.
Md. Code, Land Use § 15-111 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

The Commission may require any officer or employee to post security in a form and amount the Commission approves.
Md. Code, Education § 15-106.11 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.11
§15–106.
Status: in_force

§15–106.11.

(a) In this section, “returned Peace Corps volunteer” means a person who has been certified by the Director of the Peace Corps as having served satisfactorily as a Peace Corps volunteer.

(b) A returned Peace Corps volunteer who attends a public institution of higher education in the State is exempt from paying nonresident tuition at a public institution of higher education in the State if the returned Peace Corps volunteer is domiciled in the State.

(c) A student who attends a community college in the State and pays tuition as provided in subsection (b) of this section shall be included as an in–State resident for computation of State aid to community colleges in accordance with §§ 16–305 and 16–512 of this article.

(d) The Commission shall adopt regulations to implement the provisions of this section.
Md. Code, Transportation § 15-301 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

In this subtitle, “license” means a dealer’s license issued by the Administration under this subtitle.
Md. Code, Education § 15-108 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) In this section, “employee leave time” means the following types of leave:

(1) Holiday leave;

(2) Annual leave;

(3) Personal leave;

(4) Sick leave; and

(5) Administrative and other related leave.

(b) As provided in this section, each public institution of higher education is authorized to establish employee leave time for its skilled employees, professional employees, and employees in a status that is equivalent to skilled employees or professional employees in the State Personnel Management System, described in Title 6 of the State Personnel and Pensions Article.

(c) The number of days established by a public institution of higher education as employee leave time shall total at least the number of days provided to employees in the State Personnel Management System under Title 9, Subtitles 2, 3, 4, and 5 of the State Personnel and Pensions Article.
Md. Code, Health - General § 15-154 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-154
§15–154.
Status: in_force

(a) Unless the child’s family has requested that the child be removed, a child on the registry for the Autism Waiver shall remain on the registry if the child’s family relocates out of the State for uniformed services assignment.

(b) If a child on the registry for the Autism Waiver becomes eligible for services through the waiver while the child’s family is out of the State for uniformed services assignment, the child shall be eligible for services through the waiver if the family relocates to the State.
Md. Code, Environment § 15-1102 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1102
§15–1102.
Status: in_force

It is the intention of the General Assembly to promote the reclamation of mined areas left without adequate reclamation which continue to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger use of land or water resources, or endanger the health or safety of the public. To accomplish these objectives, the Department is hereby authorized to administer an abandoned mine reclamation program consistent with the requirements of the federal Surface Mining Control and Reclamation Act.
Md. Code, Insurance § 15-1622 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1622
§15–1622.
Status: in_force

(a) Except as provided for in subsection (b) of this section, the provisions of §§ 15–1623 and 15–1624 of this subtitle apply only to a pharmacy benefits manager that provides pharmacy benefits management services on behalf of a carrier.

(b) The provisions of §§ 15–1623 and 15–1624 of this part do not apply to a pharmacy benefits manager when providing pharmacy benefits management services to a purchaser that is affiliated with the pharmacy benefits manager through common ownership within an insurance holding company.
Md. Code, Estates and Trusts § 15-513 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-513
§15–513.
Status: in_force

(a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(b) (1) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than 1 year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity.

(2) If the obligation matures within 1 year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income.

(c) This section does not apply to an obligation to which § 15-516, § 15-517, § 15-518, § 15-519, § 15-521, or § 15-522 of this subtitle applies.
Md. Code, Insurance § 15-2010 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2010
§15–2010.
Status: reserved

(a) A pharmacy services administrative contract or an amendment to a pharmacy services administrative contract may not become effective unless:

(1) at least 60 days before the contract or amendment is to become effective, the pharmacy services administrative organization files the contract or, if required, amendment with the Commissioner in the form required by the Commissioner; and

(2) the Commissioner does not disapprove the filing within 60 days after the contract or amendment is filed.

(b) Notice from the Commissioner that a filed contract or amendment to a contract may be used in the State constitutes a waiver of any unexpired part of the filing period.

(c) The Commissioner shall adopt regulations to:

(1) establish the circumstances under which the Commissioner may disapprove a contract; and

(2) specify the types of amendments to a contract required to be filed under subsection (a) of this section.
Md. Code, Health - General § 15-123 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-123
§15–123.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Convicted” includes being convicted after a plea of nolo contendere.

(3) “Fraud” includes the commission of or an attempt or conspiracy to commit the crimes of:

(i) Concealment of medical records;

(ii) Violation of Title 8, Subtitle 5, Part II of the Criminal Law Article;

(iii) False representations relating to Medicaid health plans;

(iv) Misappropriation by a fiduciary; and

(v) Theft.

(b) A health care provider who is convicted of fraud in connection with the Program or a similar federal or State program is ineligible for further payment under the Program.
Md. Code, Insurance § 15-710 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-710
§15–710.
Status: in_force

(a) This section applies to each individual or group health insurance policy or certificate of an insurer that:

(1) is issued or delivered in the State;

(2) is issued to a group that is incorporated or has a main office in the State; or

(3) covers individuals who reside or work in the State.

(b) Each policy or certificate subject to this section that provides for reimbursement for a service that is within the lawful scope of practice of an optometrist licensed under the Health Occupations Article shall require the insurer to reimburse the insured or any other person covered by the policy or certificate for the service performed by the optometrist in accordance with the other provisions of the policy or certificate.
Md. Code, Health Occupations § 15-401 — MD Code / Article gho / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice as a physician assistant in the State unless the person has:

(1) A license issued by the Board to practice as a physician assistant; and

(2) Provided notice to the Board as required under § 15–302(a) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-1102 — MD Code / Article gab / Title 15 / Subtitle 11 / Section 15-1102
§15–1102.
Status: in_force

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class B or Class H license.

(b) The hours of sale for a refillable container permit begin at the same time for the underlying license and end at midnight.

(c) The annual permit fee is $500.
Md. Code, Insurance § 15-403 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) This section applies to:

(1) each individual health insurance policy that:

(i) provides coverage on an expense–incurred basis; and

(ii) provides coverage for a family member of the insured;

(2) each group health insurance policy that:

(i) provides coverage on an expense–incurred basis for employees of an employer or employers or members of a union or unions; and

(ii) provides coverage for a family member of a covered employee or member;

(3) each individual service or indemnity contract that:

(i) is issued by a nonprofit health service plan; and

(ii) provides coverage for a family member of the subscriber;

(4) each individual contract that:

(i) is issued by a health maintenance organization; and

(ii) provides coverage for a family member of the subscriber; and

(5) each group contract that:

(i) is issued by a health maintenance organization;

(ii) provides coverage for employees of an employer or employers or members of a union or unions; and

(iii) provides coverage for a family member of the covered employee or member.

(b) Each policy or contract subject to this section shall provide that the same health insurance benefits and eligibility guidelines that apply to any covered dependent are available, on request of the insured, subscriber, employee, or member, to a grandchild who:

(1) is unmarried;

(2) is in the court–ordered custody of the insured, subscriber, employee, or member;

(3) resides with the insured, subscriber, employee, or member;

(4) is the dependent of the insured, subscriber, employee, or member; and

(5) has not attained the limiting age under the terms of the policy or contract.

(c) On request, an insurer that issues an individual or group health insurance policy that provides coverage on an expense–incurred basis, a nonprofit health service plan, or a health maintenance organization shall offer family members’ coverage to an insured or subscriber regardless of the marital status of the insured or subscriber.

(d) (1) An insurer, nonprofit health service plan, or health maintenance organization may require proof that the insured or subscriber is the grandparent of the grandchild.

(2) If the insurer, nonprofit health service plan, or health maintenance organization requires proof under this subsection, the insurer, nonprofit health service plan, or health maintenance organization shall pay the cost of the proof.
Md. Code, Environment § 15-1108 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1108
§15–1108.
Status: reserved

(a) The Department is authorized to acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if it is determined that acquisition of such land is necessary to successful reclamation and that:

(1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and

(2) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or

(3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this subtitle, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

(b) The total price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.

(c) Title to all lands acquired pursuant to this section shall be in the name of the State.

(d) Land acquired pursuant to this section, or land already in State ownership which is determined to be in need of reclamation, may be reclaimed as follows:

(1) The Department may proceed to reclaim such land in accordance with this subtitle;

(2) The Department may sell such land to the federal government on the condition that it be reclaimed in accordance with Title IV of the federal Surface Mining Control and Reclamation Act of 1977; or

(3) If land is deemed to be suitable for industrial, commercial, residential, or recreational development, the Department may sell it by competitive bidding upon condition that its use be consistent with local and State land use plans and that all adverse effects of past coal mining practices have been or will be eliminated.

(e) In addition to the authority contained above, the Department may acquire land by purchase, donation or condemnation and reclaim and transfer such land to any local government, person, firm, association, corporation or other entity, if it is determined that such action is an integral and necessary element of an economically feasible plan for a project to construct or rehabilitate housing for persons:

(1) Disabled as the result of employment in the mines or work incidental thereto;

(2) Displaced by the acquisition of land pursuant to this subtitle;

(3) Dislocated as the result of adverse effects of coal mining practices which constitute an emergency situation endangering the public health, safety, or general welfare; or

(4) Dislocated as the result of natural disasters or catastrophic failures from any cause.

Land transferred pursuant to this subsection need not be at fair market value; provided that no profit shall accrue to any entity due to the difference between fair market value and the price required by the Department. No part of any moneys available under this subtitle may be used to pay actual construction costs of housing.

(f) Any and all purchase, sale, or transfer of land pursuant to this subtitle shall be by action of the Board. All funds received by the State from the sale of land shall be credited to the Federal-State Reclamation Fund.

(g) In all cases where land is acquired pursuant to this subtitle, the Department shall hold a public hearing in the county in which the land is located, for the purpose and at a time which will ensure that local citizens and governments may participate in the decision concerning the proper use or disposition of the land after restoration.
Md. Code, Insurance § 15-139 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-139
§15–139.
Status: in_force

(a) (1) In this section, “telehealth” means, as it relates to the delivery of health care services, the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service within the scope of practice of the health care provider at a location other than the location of the patient.

(2) “Telehealth” includes an audio–only telephone conversation between a health care provider and a patient that results in the delivery of a billable, covered health care service.

(3) “Telehealth” does not include:

(i) except as provided in paragraph (2) of this subsection, an audio–only telephone conversation between a health care provider and a patient;

(ii) an electronic mail message between a health care provider and a patient; or

(iii) a facsimile transmission between a health care provider and a patient.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis under health insurance policies or contracts 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.

(c) (1) An entity subject to this section:

(i) shall provide coverage under a health insurance policy or contract for health care services appropriately delivered through telehealth regardless of the location of the patient at the time the telehealth services are provided;

(ii) may not exclude from coverage a health care service solely because it is provided through telehealth and is not provided through an in–person consultation or contact between a health care provider and a patient; and

(iii) may not exclude from coverage or deny coverage for a behavioral health care service that is a covered benefit under a health insurance policy or contract when provided in person solely because the behavioral health care service may also be provided through a covered telehealth benefit.

(2) The health care services appropriately delivered through telehealth shall include counseling and treatment for substance use disorders and mental health conditions.

(d) (1) Subject to paragraph (2) of this subsection, an entity subject to this section:

(i) shall reimburse a health care provider for the diagnosis, consultation, and treatment of an insured patient for a health care service covered under a health insurance policy or contract that can be appropriately provided through telehealth;

(ii) is not required to:

1. reimburse a health care provider for a health care service delivered in person or through telehealth that is not a covered benefit under the health insurance policy or contract; or

2. reimburse a health care provider who is not a covered provider under the health insurance policy or contract; and

(iii) 1. may impose a deductible, copayment, or coinsurance amount on benefits for health care services that are delivered either through an in–person consultation or through telehealth;

2. may impose an annual dollar maximum as permitted by federal law; and

3. may not impose a lifetime dollar maximum.

(2) (i) When a health care service is appropriately provided through telehealth, an entity subject to this section shall provide reimbursement in accordance with paragraph (1)(i) of this subsection on the same basis and at the same rate as if the health care service were delivered by the health care provider in person.

(ii) The reimbursement required under subparagraph (i) of this paragraph does not include:

1. clinic facility fees unless the health care service is provided by a health care provider not authorized to bill a professional fee separately for the health care service; or

2. any room and board fees.

(iii) This paragraph may not be construed to supersede the authority of the Health Services Cost Review Commission to set the appropriate rates for hospitals, including setting the hospital facility fee for hospital–provided telehealth.

(e) Subject to subsection (d)(1)(ii) of this section, an entity subject to this section may not impose as a condition of reimbursement of a covered health care service delivered through telehealth that the health care service be provided by a third–party vendor designated by the entity.

(f) An entity subject to this section may undertake utilization review, including preauthorization, to determine the appropriateness of any health care service whether the service is delivered through an in–person consultation or through telehealth if the appropriateness of the health care service is determined in the same manner.

(g) A health insurance policy or contract may not distinguish between patients in rural or urban locations in providing coverage under the policy or contract for health care services delivered through telehealth.

(h) A decision by an entity subject to this section not to provide coverage for telehealth in accordance with this section constitutes an adverse decision, as defined in § 15–10A–01 of this title, if the decision is based on a finding that telehealth is not medically necessary, appropriate, or efficient.
Md. Code, Business Occupations and Professions § 15-204.1 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-204.1
§15–204.
Status: in_force

§15–204.1.

At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Engineers shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Education § 15-119 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-119
§15–119.
Status: reserved

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “School–sponsored media” means any material that is:

1. Prepared, written, published, or broadcast by a student journalist at a public institution of higher education;

2. Distributed or generally made available to members of the student body; and

3. Prepared under the direction of a student media advisor.

(ii) “School–sponsored media” does not include material that is intended for distribution or transmission solely in the classroom in which the material is produced.

(3) “Student journalist” means a student at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school–sponsored media.

(4) “Student media advisor” means an individual employed, appointed, or designated by a public institution of higher education to supervise or provide instruction relating to school–sponsored media.

(b) (1) Subject to subsection (d) of this section, a student journalist may exercise freedom of speech and freedom of the press in school–sponsored media.

(2) Paragraph (1) of this subsection may not be construed to be limited by the fact that the school–sponsored media is:

(i) Supported financially by the public institution of higher education or by use of facilities owned by the institution; or

(ii) Produced in conjunction with a class in which the student journalist is enrolled.

(c) (1) Subject to subsection (d) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school–sponsored media.

(2) Paragraph (1) of this subsection may not be construed to prevent a student media advisor from teaching professional standards of English and journalism to student journalists.

(d) This section may not be construed to authorize or protect content of school–sponsored media by a student journalist that:

(1) Is libelous or slanderous;

(2) Constitutes an unwarranted invasion of privacy;

(3) Violates federal or State law; or

(4) Incites students to create a clear and present danger of the commission of an unlawful act, the violation of policies of the public institution of higher education, or the material and substantial disruption of the orderly operation of the institution.

(e) A student media advisor may not use the advisor’s position to influence a student journalist to promote an official position of a public institution of higher education.

(f) (1) A student journalist may not be disciplined for acting in accordance with subsection (b) or (c) of this section.

(2) A student media advisor may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:

(i) Acting to protect a student journalist engaged in conduct under subsection (b) or (c) of this section; or

(ii) Refusing to infringe on conduct that is protected by subsection (b) or (c) of this section, the First Amendment to the United States Constitution, or Article 40 of the Maryland Declaration of Rights.

(g) (1) Each public institution of higher education shall adopt a written policy concerning the provisions of this section.

(2) The policy adopted under paragraph (1) of this subsection:

(i) Shall include reasonable provisions for the time, place, and manner of expression by a student journalist in school–sponsored media; and

(ii) Notwithstanding the provisions of subsections (b) and (c) of this section, may include limitations on language that has the intent to harass, threaten, or intimidate an individual.
Md. Code, Alcoholic Beverages and Cannabis § 15-1404 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1404
§15–1404.
Status: in_force

The Board may require an applicant for a license renewal to meet the requirements of § 4–107 of this article.
Md. Code, Insurance § 15-712 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-712
§15–712.
Status: in_force

Notwithstanding § 15-701(a) of this subtitle, unless a policy, contract, or certificate described in § 15-701(a) of this subtitle expressly provides for reimbursement for a service that is within the lawful scope of practice of a physician assistant certified under the Health Occupations Article, the provisions of the Health Occupations Article that govern the certification and regulation of physician assistants may not be construed to entitle the insured or any other person covered by the policy, contract, or certificate to reimbursement for the service.
Md. Code, Insurance § 15-814.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-814.1
§15–814.
Status: in_force

§15–814.1.

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Diagnostic breast examination” means a medically necessary and appropriate examination of the breast that is used to evaluate an abnormality that is:

1. seen or suspected from a prior screening examination for breast cancer; or

2. detected by another means of prior examination.

(ii) “Diagnostic breast examination” includes an examination using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound.

(3) (i) “Supplemental breast examination” means a medically necessary examination of the breast that is used to screen for breast cancer when:

1. there is no abnormality seen or suspected from a prior examination; and

2. there is a personal or family medical history or additional factors that may increase an individual’s risk of breast cancer.

(ii) “Supplemental breast examination” includes an examination using breast magnetic resonance imaging, breast ultrasound, or image–guided breast biopsy.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide coverage for diagnostic breast examinations or supplemental breast examinations under individual, group, or blanket health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide coverage for diagnostic breast examinations or supplemental breast examinations under individual or group contracts that are issued or delivered in the State.

(c) (1) Except as provided in paragraph (2) of this subsection, an entity subject to this section may not impose a copayment, coinsurance, or deductible requirement on coverage for diagnostic breast examinations or supplemental breast examinations.

(2) If an insured or enrollee is covered under a high–deductible health plan, as defined in 26 U.S.C. § 223, an entity subject to this section may subject diagnostic breast examinations or supplemental breast examinations to the deductible requirement of the high–deductible health plan.
Md. Code, Estates and Trusts § 15-614 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-614
§15–614.
Status: in_force

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

(1) The duty of care;

(2) The duty of loyalty; and

(3) The duty of confidentiality.

(b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:

(1) Except as otherwise provided in § 15–603 of this subtitle, is subject to the applicable terms of service;

(2) Is subject to other applicable law, including copyright law;

(3) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and

(4) May not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access a digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms–of–service agreement.

(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer–fraud and unauthorized–computer–access laws, including § 7–302 of the Criminal Law Article.

(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

(1) Has the right to access the property and the digital assets stored in it; and

(2) Is an authorized user for the purpose of computer–fraud and unauthorized–computer–access laws, including § 7–302 of the Criminal Law Article.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) (1) A fiduciary of a user may request a custodian to terminate the user’s account.

(2) The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:

(i) If the user is deceased, a copy of the death certificate of the user;

(ii) A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and

(iii) If requested by the custodian:

1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

2. Evidence linking the account to the user; or

3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.
Md. Code, Election Law § 15-106 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) After filing a notice of intent to qualify for a public contribution under this title, a gubernatorial ticket or a person acting on behalf of the gubernatorial ticket may not, for the benefit of any political committee or any person required to register with the State Board under § 13–306 or § 13–307 of this article or for a participating organization organized under § 13–309.2 of this article:

(1) solicit contributions, including the authorized use of the names or images of the gubernatorial ticket in the solicitation; or

(2) operate in coordination with any entity for fundraising activities.

(b) After filing a notice of intent to qualify for a public contribution under this title, the members of a gubernatorial ticket may not be a member of a slate that does not receive a public contribution.

(c) Until a final campaign finance report is filed with the State Board and any remaining funds of the public contribution distributed to a gubernatorial ticket are repaid to the Comptroller for redeposit in the Fund in accordance with § 15–109 of this title, any authorized candidate campaign committee organized under Title 13 of this article on behalf of the members of a gubernatorial ticket may not engage in campaign finance activity.