Md. Code, Insurance § 15-1628.1 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1628.1
§15–1628.
Status: in_force

§15–1628.1.

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

(2) “Drug shortage list” means a list of drug products listed on the federal Food and Drug Administration’s Drug Shortages website.

(3) (i) “Maximum allowable cost” means the maximum amount that a pharmacy benefits manager or a purchaser will reimburse a contracted pharmacy for the cost of a multisource generic drug, a medical product, or a device.

(ii) “Maximum allowable cost” does not include dispensing fees.

(4) “Maximum allowable cost list” means a list of multisource generic drugs, medical products, and devices for which a maximum allowable cost has been established by a pharmacy benefits manager or a purchaser.

(b) In each participating pharmacy contract, the pharmacy benefits manager shall include the sources used to determine maximum allowable cost pricing.

(c) A pharmacy benefits manager shall:

(1) update its pricing information at least every 7 days;

(2) establish a reasonable process by which a contracted pharmacy has access to the current and applicable maximum allowable cost price lists in an electronic format as updated in accordance with the requirements of this section; and

(3) immediately after a pricing information update under item (1) of this subsection, use the updated pricing information in calculating the payments made to all contracted pharmacies.

(d) (1) A pharmacy benefits manager shall maintain a procedure to eliminate products from the list of drugs subject to maximum allowable cost pricing as necessary to:

(i) remain consistent with pricing changes;

(ii) remove from the list drugs that no longer meet the requirements of subsection (e) of this section; and

(iii) reflect the current availability of drugs in the marketplace.

(2) A product on the maximum allowable cost list shall be eliminated from the list by the pharmacy benefits manager within 7 days after the pharmacy benefits manager knows of a change in the availability of the product.

(e) Before placing a prescription drug on a maximum allowable cost list, a pharmacy benefits manager shall ensure that:

(1) the drug is listed as “A” or “B” rated in the most recent version of the U.S. Food and Drug Administration’s approved drug products with therapeutic equivalence evaluations, also known as the Orange Book, or has an “NR” or “NA” rating or similar rating by a nationally recognized reference;

(2) (i) if a drug is manufactured by more than one manufacturer, the drug is generally available for purchase by contracted pharmacies, including contracted retail pharmacies, in the State from a wholesale distributor with a permit in the State; or

(ii) if a drug is manufactured by only one manufacturer, the drug is generally available for purchase by contracted pharmacies, including contracted retail pharmacies, in the State from at least two wholesale distributors with a permit in the State; and

(3) the drug is not obsolete, temporarily unavailable, or listed on a drug shortage list as currently in shortage.

(f) For disputes regarding maximum allowable cost pricing, each participating pharmacy contract must include a process to appeal, investigate, and resolve disputes regarding maximum allowable cost pricing that includes:

(1) a requirement that an appeal be filed by the contract pharmacy no later than 21 days after the date of the initial adjudicated claim;

(2) a requirement that, within 21 days after the date the appeal is filed, the pharmacy benefits manager investigate and resolve the appeal and report to the contracted pharmacy on the pharmacy benefits manager’s determination on the appeal;

(3) a requirement that a pharmacy benefits manager make available on its website information about the appeal process, including:

(i) a telephone number at which the contracted pharmacy may directly contact the department or office responsible for processing appeals for the pharmacy benefits manager to speak to an individual or leave a message for an individual who is responsible for processing appeals;

(ii) an e–mail address of the department or office responsible for processing appeals to which an individual who is responsible for processing appeals has access; and

(iii) a notice indicating that the individual responsible for processing appeals shall return a call or an e–mail made by a contracted pharmacy to the individual within 3 business days or less of receiving the call or e–mail;

(4) a requirement that a pharmacy benefits manager provide:

(i) a reason for any appeal denial;

(ii) the national drug code of a drug and the name of the wholesale distributor from which the drug was available on the date the claim was adjudicated at a price at or below the maximum allowable cost determined by the pharmacy benefits manager; and

(iii) the mathematical calculation used to determine the maximum allowable cost; and

(5) if an appeal is upheld, a requirement that a pharmacy benefits manager:

(i) for the appealing pharmacy:

1. adjust the maximum allowable cost for the drug as of the date of the original claim for payment; and

2. without requiring the appealing pharmacy to reverse and rebill the claims, provide reimbursement for the claim and any subsequent and similar claims under similarly applicable contracts with the pharmacy benefits manager:

A. for the original claim, in the first remittance to the pharmacy after the date the appeal was determined; and

B. for subsequent and similar claims under similarly applicable contracts, in the second remittance to the pharmacy after the date the appeal was determined; and

(ii) for a similarly situated contracted pharmacy in the State:

1. adjust the maximum allowable cost for the drug as of the date the appeal was determined; and

2. provide notice to the pharmacy or pharmacy’s contracted agent that:

A. an appeal has been upheld; and

B. without filing a separate appeal, the pharmacy or the pharmacy’s contracted agent may reverse and rebill a similar claim.

(g) A pharmacy benefits manager may not retaliate against a contracted pharmacy for exercising its right to appeal under this section or filing a complaint with the Commissioner under this subsection.

(h) A pharmacy benefits manager may not charge a contracted pharmacy a fee related to the readjudication of a claim or claims resulting from carrying out the requirement of a contract specified in subsection (f)(5) of this section or the upholding of an appeal under subsection (i) of this section.

(i) (1) If a pharmacy benefits manager denies an appeal and a contracted pharmacy or a designee of the contracted pharmacy files a complaint with the Commissioner, the Commissioner shall:

(i) review the compensation program of the pharmacy benefits manager to ensure that the reimbursement for pharmacy benefits management services paid to the pharmacist or a pharmacy complies with this subtitle and the terms of the participating pharmacy contract; and

(ii) based on a determination made by the Commissioner under item (i) of this paragraph, dismiss the appeal or uphold the appeal and order the pharmacy benefits manager to pay the claim or claims in accordance with the Commissioner’s findings.

(2) On request, the pharmacy benefits manager shall provide to the Commissioner all mathematical calculations, accounts, records, documents, files, logs, correspondence, or other information necessary to complete the Commissioner’s review under paragraph (1) of this subsection.

(3) All information and data collected by the Commissioner during a review:

(i) is considered to be confidential and proprietary information; and

(ii) is not subject to disclosure under the Public Information Act.
Md. Code, Estates and Trusts § 15-410 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-410
§15–410.
Status: in_force

This subtitle may be cited as the “Maryland Uniform Prudent Management of Institutional Funds Act”.
Md. Code, Health - General § 15-108 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) In this section, “board” means an appeal board established under this section.

(b) (1) The Secretary may:

(i) Establish one or more boards for purposes of this section; and

(ii) Designate the jurisdiction of a board.

(2) A board shall consist of 3 members.

(3) Of the 3 board members:

(i) 2 shall be appointed by the Secretary; and

(ii) 1 shall be chosen by the appointed members.

(4) Of the 2 appointed members of a board:

(i) 1 shall be a representative of the industry affected who is an individual knowledgeable in Medicare and Medicaid reimbursement principles; and

(ii) 1 shall be an individual who is employed by this State and knowledgeable in Medicare and Medicaid reimbursement principles and who does not participate directly in the field verifications.

(c) (1) If the Department or an agent of the Department does a field verification of the costs and allowable charges of a facility that participates in the Program, the Department or agent shall notify the facility of the results of the field verification.

(2) Within 60 days after the facility receives the notification required under paragraph (1) of this subsection, the Department shall pay the facility the amount the Department has determined is due the facility by the Department regardless of whether or not the facility files an appeal.

(d) (1) A facility may appeal the results of a field verification by filing written notice with the appropriate board within 30 days after the facility receives the notice from the Department or its agent.

(2) (i) Within 30 days after the filing of an appeal to the board by a facility that the Department has determined owes money to the State, the Department shall recalculate the amount that is due to the State based on the field verification, exclusive of the amount in controversy which is subject to the appeal, and shall notify the facility of that amount.

(ii) Subject to the provisions of subparagraphs (iii) and (iv) of this paragraph, payment for the amount due the State, if any, after the recalculation shall be made within 60 days after the facility receives notification of the recalculation.

(iii) If a facility requests a longer payment schedule within 60 days after the facility receives notification of the recalculation, the Department may establish, after consultation with the facility, a longer payment schedule.

(iv) The Department shall establish a longer payment schedule if, in the Department’s reasonable judgment, failure to grant a longer payment schedule would:

1. Result in financial hardship to the facility; or

2. Have an adverse effect on the quality of patient care furnished by the facility.

(3) (i) If a facility files an appeal, the portion of the amount in controversy that is actually paid shall be subject to an award of interest that is:

1. Calculated from the date the appeal was filed through the date of payment; and

2. Determined in accordance with a rate of interest established by regulation.

(ii) Interest paid by a facility under subparagraph (i) of this paragraph is not an allowable cost.

(iii) Interest paid to a facility under subparagraph (i) of this paragraph is not subject to any offset or other reduction against otherwise allowable costs.

(4) If a facility other than a hospital, or if the Department is aggrieved by a final decision of the board under this section, the facility or the Department shall place any money due from the facility or from the Department in an interest bearing escrow account. The money shall remain in escrow until a final decision has been rendered.

(5) Upon a final determination of the dispute, the appropriate person administering the escrow account shall distribute the money in that account, including any interest accrued, in conformity with the final determination.

(e) (1) After the Department receives the findings of a board, the Department shall determine the amount that is due either to this State or to the facility and notify the facility of that amount.

(2) If the facility has accepted the determination made under paragraph (1) of this subsection, within 60 days after the facility receives the notification under paragraph (1) of this subsection the Department shall pay the amount the Department has determined is due the facility, if any.

(3) Subject to the provisions of paragraphs (4) and (5) of this subsection, within 60 days after the facility receives notification, the facility shall pay the amount due the Department, if any.

(4) If a facility requests a longer payment schedule within 30 days after the facility receives notification of the amount due the Department, the Department may establish, after consultation with the facility, a longer payment schedule.

(5) The Department shall establish a longer payment schedule if, in the Department’s reasonable judgment, failure to grant a longer payment schedule would:

(i) Result in financial hardship to the facility; or

(ii) Have an adverse effect on the quality of patient care furnished by the facility.

(f) (1) The Department or any facility aggrieved by a reimbursement decision of the board under this section may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
Md. Code, Environment § 15-612 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-612
§15–612.
Status: in_force

(a) (1) After receiving notification that an application for a permit has been approved, but before commencing deep mining operations, the operator shall file a bond with the Department.

(2) Before commencing operations on an additional opening not included in the original bond made in the application for a permit, the operator shall post an additional bond or deposit. The operator also shall submit additional information that would have been required to be included with the original application for a permit. On receipt of the additional bond or deposit and the additional material, the Secretary may issue an amended permit covering any additional opening covered by the additional bond.

(b) The bond shall be on a form prescribed and furnished by the Department, payable to the State of Maryland, and conditioned on faithful performance of the requirements of this subtitle by the operator.

(c) The amount of the bond shall be equal to the amount the Department determines to be the cost of reclamation of the affected area. Liability under the bond shall be for the duration of the mining operation, and for a period of five years after the mine has been completed, provided that a bond may not be fully released until all requirements of this subtitle, regulations adopted in accordance with this subtitle, and permit conditions have been met.

(d) The bond shall be executed by the operator and by a corporate surety approved by the Department.

(e) (1) The operator may elect to deposit cash, a certificate of deposit from a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, or negotiable bonds of the United States government with the Department in lieu of a corporate surety. The cash deposit or market value of the securities may not be less than the required sum of the bond.

(2) On receipt of any deposit of cash or securities, the Secretary immediately shall forward it to the State Treasurer, who shall receive and hold it in the name of the State in trust for the purpose for which the deposit is made.

(3) The operator making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the required sum of the bond.

(f) On submission of the annual progress report required by § 15-615 of this subtitle, the Secretary may adjust the amount of the bond or security required from the operator to assure completion of reclamation work.
Md. Code, Business Occupations and Professions § 15-301 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

(a) (1) Except as otherwise provided in this title, an individual shall be licensed by the Board to practice land surveying before the individual may practice land surveying in the State.

(2) Except as otherwise provided in this title, an individual shall be licensed by the Board to practice property line surveying before the individual may practice property line surveying in the State.

(b) This section does not apply to:

(1) an individual who practices land surveying while performing official duties as an officer or employee of the federal government;

(2) an employee or other subordinate of a licensee, while the subordinate practices land surveying or practices property line surveying under the conditions authorized under § 15–303(a)(1)(i) or (2)(i) of this subtitle;

(3) an employee of an individual who is not licensed but who, nevertheless, is authorized to practice land surveying or to practice property line surveying, while the employee practices land surveying or practices property line surveying under the conditions authorized under § 15–303(a)(1)(ii) or (2)(ii) of this subtitle; or

(4) an individual who utilizes measurement devices or systems, regardless of the technology or methods used, for the exclusive purpose of determining topography and contours, provided that the individual is certified by an entity acceptable to the Board.
Md. Code, Estates and Trusts § 15-101 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Committee” includes any reorganization or protective committee formed for the purpose of formulating, proposing, or carrying out any plan of reorganization or to act in any other manner for the protection of the interests of the holders of any class or classes of securities, or persons performing a similar function, and any corporation formed or acting for any such purpose.

(c) “Corporate fiduciary” has the meaning stated in § 15–1A–01 of this title.

(d) “Depositary” includes any person receiving securities for deposit, exchange, or distribution under any reorganization agreement or plan of reorganization, or stamping securities presented to it to indicate the assent of any present or future holder or holders to any plan of reorganization affecting the securities or that the securities have been absolutely or conditionally made subject to any plan of reorganization.

(e) “Deposited or exchanged”, as applied to securities, includes the presentation of securities to a depositary for stamping to indicate the assent of any present or future holder to any plan of reorganization affecting the securities or that the securities have been absolutely or conditionally made subject to any plan or organization.

(f) (1) “Environmental law” means a federal, State, or local law, rule, regulation, or ordinance that relates to the protection of the environment.

(2) “Environmental law” includes Title 16 of the Environment Article.

(g) “Fiduciary” includes a trustee acting under a deed, will, declaration of trust or other instrument in the nature of a trust or appointed by a court, a receiver, custodian, committee or guardian of the property of a minor or disabled person, executor, administrator, or personal representative.

(h) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, fiduciary, or any partnership, firm, association, public or private corporation, or any other entity.

(i) “Plan of reorganization” includes any plan for the reorganization of any corporation, public or private, or of any partnership, firm or association, and any plan of adjustment, readjustment, refunding, refinancing, or recapitalization affecting any securities, whether or not the plan is proposed or submitted in connection with any proceedings under the jurisdiction of any court.

(j) “Reorganization agreement” includes any deposit agreement, protective agreement for the protection of holders of any class of securities, or similar agreement or instrument which embodies any plan of reorganization or provides for or permits the formulation or carrying out of a plan of reorganization.

(k) “Securities” includes stocks, bonds, debentures, notes, voting trust certificates, equipment trust certificates, certificates of deposit, certificates of participation, certificates of beneficial interest, stock rights, stock warrants issued by or in connection with any corporation, partnership, firm, association or similar organization, and any other instruments evidencing rights of a similar character.

(l) “Trust company” has the meaning stated in § 1–101 of this article.
Md. Code, Criminal Procedure § 15-109 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) If necessary due to an absence, sickness, resignation, or death of a State’s Attorney, the circuit court for the county may appoint a competent individual to perform the duties of the State’s Attorney in conducting criminal or civil cases arising or pending in the circuit court until:

(1) the State’s Attorney is able to attend and act in person; or

(2) a new State’s Attorney is appointed and qualified.

(b) An individual appointed under subsection (a) of this section shall receive the same compensation as the State’s Attorney who is replaced.
Md. Code, Land Use § 15-102 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: reserved

(a) (1) The Commission consists of 10 members.

(2) Of the 10 members of the Commission:

(i) five shall be residents and registered voters of Montgomery County; and

(ii) five shall be residents and registered voters of Prince George’s County.

(3) (i) Subject to the approval of the County Executive, the County Council shall appoint each commissioner from Montgomery County.

(ii) Subject to the approval of the County Council, the County Executive shall appoint each commissioner from Prince George’s County.

(b) Each commissioner shall be an individual of ability, experience, and integrity.

(c) (1) Of the commissioners from each county, not more than three shall be members of the same political party.

(2) A commissioner may not be selected as representing or supporting any special interest.

(d) (1) The term of a commissioner is 4 years and begins on June 15.

(2) The terms of commissioners are staggered as required by the terms provided for commissioners on October 1, 2012.

(3) At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.

(4) A commissioner 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 commissioner who is appointed to fill a vacancy for an unexpired term shall be a member of the same political party as the commissioner who vacated the office.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, a commissioner appointed from Montgomery County may not be appointed for three consecutive full terms.

(ii) A commissioner appointed from Montgomery County may be appointed for a maximum of three consecutive full terms as a member of the Commission if the commissioner is designated as chair of the Montgomery County Planning Board during the commissioner’s second term in office.
Md. Code, Insurance § 15-1406 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1406
§15–1406.
Status: in_force

(a) A carrier may not establish rules for eligibility of an individual to enroll under a group health benefit plan based on any health status-related factor.

(b) Subsection (a) of this section does not:

(1) require a carrier to provide particular benefits other than those provided under the terms of the particular health benefit plan; or

(2) prevent a carrier from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the health benefit plan.

(c) Rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for enrollment.

(d) A carrier shall allow an employee or dependent who is eligible, but not enrolled, for coverage under the terms of a group health benefit plan to enroll for coverage under the terms of the plan if:

(1) the employee or dependent was covered under an employer-sponsored plan or group health benefit plan at the time coverage was previously offered to the employee or dependent;

(2) the employee states in writing, at the time coverage was previously offered, that coverage under an employer-sponsored plan or group health benefit plan was the reason for declining enrollment, but only if the plan sponsor or issuer requires the statement and provides the employee with notice of the requirement;

(3) the employee’s or dependent’s coverage described in item (1) of this subsection:

(i) was under a COBRA continuation provision, and the coverage under that provision was exhausted; or

(ii) was not under a COBRA continuation provision, and either the coverage was terminated as a result of loss of eligibility for the coverage, including loss of eligibility as a result of legal separation, divorce, death, termination of employment, or reduction in the number of hours of employment, or employer contributions towards the coverage were terminated; and

(4) under the terms of the plan, the employee requests enrollment not later than 30 days after:

(i) the date of exhaustion of coverage described in item (3)(i) of this subsection; or

(ii) termination of coverage or termination of employer contributions described in item (3)(ii) of this subsection.
Md. Code, Health Occupations § 15-316 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-316
§15–316.
Status: in_force

(a) If, after a hearing under § 15–315 of this subtitle, a disciplinary panel finds that there are grounds for discipline under § 15–314(a) of this subtitle to suspend or revoke a license of a physician assistant, reprimand a licensed physician assistant, or place the licensed physician assistant on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(b) The Board shall pay any fines collected under this section into the General Fund of the State.

(c) In addition to any sanction authorized under this subtitle, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Md. Code, Alcoholic Beverages and Cannabis § 15-1003 — MD Code / Article gab / Title 15 / Subtitle 10 / Section 15-1003
§15–1003.
Status: in_force

(a) There is a Class GC (golf course) beer, wine, and liquor license.

(b) The Board may issue the license for the use of a golf course that:

(1) is open to the public;

(2) is operated for profit;

(3) owns real estate in the county; and

(4) has a golf course with a minimum of 18 holes.

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption on the land and in the buildings, including the clubhouse, that are used for golfing purposes.

(2) A patron need not be seated to be served.

(d) The license holder may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(e) The annual license fee is $1,600.
Md. Code, Business Regulation § 15-204 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) An innkeeper may require a prospective guest to demonstrate an ability to pay by cash or valid credit card.

(b) An innkeeper may require each guest at a lodging establishment to register and may require the guest to produce:

(1) a valid driver’s license;

(2) a valid uniformed services identification card;

(3) a valid passport; or

(4) any valid government issued identification card.

(c) An innkeeper may limit the number of individuals who may occupy a particular guest room in a lodging establishment.
Md. Code, Environment § 15-610 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-610
§15–610.
Status: in_force

(a) If the Department determines that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the operator written notice of:

(1) The Department’s determination;

(2) The Department’s intention to modify the mining and reclamation plan and other terms and conditions of the permit in a stated manner; and

(3) The operator’s right to a hearing on the proposed modification at a stated time and place.

(b) The hearing shall be held within 60 days after written notice is forwarded to the operator. After the hearing, the Department may modify the mining and reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in another manner it considers reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the operator to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit.

(c) A fee may not be charged to the operator for a departmental modification of the permit.
Md. Code, Transportation § 15-202 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) A manufacturer may not transfer any new motor vehicle, new two-stage vehicle, or truck component part to any dealer or distributor in this State unless the manufacturer is licensed by the Administration under this subtitle.

(b) A distributor may not transfer any new motor vehicle, or new two-stage vehicle to any dealer in this State unless the distributor is licensed by the Administration under this subtitle.

(c) A person may not conduct the business of a factory branch in new motor vehicles, or new two-stage vehicles unless the person is licensed by the Administration under this subtitle.
Md. Code, State Finance and Procurement § 15-101 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

In this subtitle, “invoice” means an invoice that meets the requirements of § 15-102 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-1101 — MD Code / Article gab / Title 15 / Subtitle 11 / Section 15-1101
§15–1101.
Status: in_force

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and

(2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”).

(b) Section 4–1105 (“Refillable container permit — Wine”) of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article does not apply in the county.

(c) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county:

(1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 15–1102 of this subtitle; and

(2) § 4–1106 (“Nonrefillable container permit –– Draft beer”), subject to § 15–1103 of this subtitle.
Md. Code, Insurance § 15-1301 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1301
§15–1301.
Status: in_force

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

(b) “Affiliation period” means a period of time beginning on the date of enrollment and not to exceed 2 months, or 3 months in the case of a late enrollee, during which a health maintenance organization does not collect premium, and coverage issued does not become effective.

(c) “Association” or “bona fide association” means an association that:

(1) has been actively in existence for at least 5 years;

(2) has been formed and maintained in good faith for purposes other than obtaining insurance and does not condition membership on the purchase of association–sponsored insurance;

(3) does not condition membership in the association on any health status–related factor relating to an individual, and states so clearly in all membership and application materials;

(4) makes health insurance coverage offered through the association available to all members regardless of any health status–related factor relating to the members or individuals eligible for coverage and states so clearly in all membership and application materials;

(5) does not make health insurance coverage offered through the association available other than in connection with membership in the association, and states so clearly in all marketing and application materials; and

(6) provides and annually updates information necessary for the Commissioner to determine whether or not the association meets the definition of bona fide association before qualifying as an association under this subtitle.

(d) “Benefit year” means a calendar year in which a health benefit plan provides coverage for health benefits.

(e) “Carrier” means a person that is:

(1) an insurer that holds a certificate of authority in the State and provides health insurance in the State;

(2) a health maintenance organization that is licensed to operate in the State;

(3) a nonprofit health service plan that is licensed to operate in the State; or

(4) any other person or organization that provides health benefit plans subject to State insurance regulation.

(f) “Church plan” means a plan as defined under § 3(33) of the Employee Retirement Income Security Act of 1974.

(g) “Eligible individual” means an individual who applies for or is covered under an individual health benefit plan.

(h) “Employer sponsored plan” means an employee welfare benefit plan that provides medical care to employees or their dependents, and is not subject to State regulation in accordance with the federal Employee Retirement Income Security Act of 1974.

(i) “Enrollment date” means the date on which:

(1) an individual enrolls in a health benefit plan; or

(2) the first day of the waiting period before which the individual may enroll.

(j) “Governmental plan” means a plan as defined in § 3(32) of the Employee Retirement Income Security Act of 1974 and any federal governmental plan.

(k) “Grandfathered health plan coverage” has the meaning stated in 45 C.F.R. § 147.140.

(l) (1) “Health benefit plan” means a:

(i) hospital or medical policy or certificate, including those issued under multiple employer trusts or associations located in Maryland or any other state covering Maryland residents;

(ii) policy, contract, or certificate issued by a nonprofit health service plan that covers Maryland residents; or

(iii) health maintenance organization subscriber or group master contract.

(2) “Health benefit plan” does not include:

(i) one or more, or any combination of the following:

1. coverage only for accident or disability income insurance;

2. coverage issued as a supplement to liability insurance;

3. liability insurance, including general liability insurance and automobile liability insurance;

4. workers’ compensation or similar insurance;

5. automobile medical payment insurance;

6. credit–only insurance; and

7. coverage for on–site medical clinics;

(ii) the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of a plan:

1. limited scope dental or vision benefits; and

2. benefits for long–term care, nursing home care, home health care, community–based care, or any combination of these benefits;

(iii) coverage only for a specified disease or illness if offered as independent, noncoordinated benefits;

(iv) hospital indemnity or other fixed indemnity insurance if:

1. offered as independent, noncoordinated benefits;

2. the benefits are paid in a fixed dollar amount per period of hospitalization, illness, or service, regardless of the amount of expenses incurred and of the amount of benefits provided with respect to the event or service under any other health coverage; and

3. a notice is displayed prominently in the application materials, in at least 14 point type, that has the following language in capital letters: “This is a supplement to health insurance and is not a substitute for major medical coverage. Lack of major medical coverage (or other minimum essential coverage) may result in an additional payment with your taxes.”; or

(v) the following benefits if offered as a separate insurance policy:

1. Medicare supplemental health insurance (as defined under § 1882(g)(1) of the Social Security Act);

2. coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code; and

3. similar supplemental coverage provided to coverage under a group health plan if the coverage qualifies for the exception described in 45 C.F.R. § 146.145(b)(5)(i)(C).

(m) “Health status–related factor” means a factor related to:

(1) health status;

(2) medical condition;

(3) claims experience;

(4) receipt of health care;

(5) medical history;

(6) genetic information;

(7) evidence of insurability including conditions arising out of acts of domestic violence; or

(8) disability.

(n) “Individual Exchange” has the meaning stated in § 31–101 of this article.

(o) (1) “Individual health benefit plan” means:

(i) a health benefit plan other than a converted policy or a professional association plan for eligible individuals and their dependents; or

(ii) a certificate issued to an eligible individual that evidences coverage under a policy or contract issued to a trust or association or other similar group of individuals, regardless of the situs of delivery of the policy or contract, if the eligible individual pays the premium and is not being covered under the policy or contract under either federal or State continuation of benefits provisions.

(2) “Individual health benefit plan” does not include short–term limited duration insurance.

(p) “Minimum essential coverage” has the meaning stated in 45 C.F.R. § 155.20.

(q) “Preexisting condition” means a condition that was present before the date of enrollment for coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before that date.

(r) “Qualified health plan” has the meaning stated in § 31–101 of this article.

(s) “Short–term limited duration insurance” means health insurance coverage provided under a policy or contract with a carrier and that:

(1) has a policy term that is less than 3 months after the original effective date of the policy or contract;

(2) may not be extended or renewed;

(3) applies the same underwriting standards to all applicants regardless of whether they have previously been covered by short–term limited duration insurance; and

(4) contains the notice required by federal law prominently displayed in the contract and in any application materials provided in connection with enrollment.

(t) “Waiting period” means the period of time that must pass before an individual is eligible to be covered for benefits under the terms of a group health benefit plan.
Md. Code, Housing and Community Development § 15-108 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) In this section, “Baltimore Authority police officer” means a member of the Housing Authority of Baltimore City Police Force who, when acting in an official capacity, may make arrests.

(b) There is a Housing Authority of Baltimore City Police Force.

(c) The Executive Director of the Baltimore Authority or the Director’s designee shall appoint the Baltimore Authority police officers.

(d) (1) A Baltimore Authority police officer has all of the powers of a law enforcement officer in the State.

(2) A Baltimore Authority police officer may exercise these powers on property that is owned, leased, operated by, or under the control of the Baltimore Authority.

(3) A Baltimore Authority police officer may exercise these powers elsewhere only if:

(i) doing so is necessary to facilitate the orderly flow of traffic to or from property that is owned, leased, operated by, or under the control of the Baltimore Authority; or

(ii) the officer is:

1. ordered to do so by the Mayor of Baltimore City;

2. asked or authorized to do so by the Police Commissioner of Baltimore City; or

3. engaged in fresh pursuit of a suspected offender.

(e) (1) The Baltimore Authority shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, experience, and performance for Baltimore Authority police officers.

(2) To the extent feasible, the standards shall be similar to those adopted for the Baltimore City Police Department.

(f) (1) This section does not:

(i) treat a Baltimore Authority police officer as a member of the Baltimore City Police Department; or

(ii) affect the salary, benefits, or retirement program of an employee of the Baltimore Authority.

(2) The list of powers in this section does not imply that the exercise of powers by the Baltimore Authority before July 1, 1991, was unauthorized.
Md. Code, Alcoholic Beverages and Cannabis § 15-2801 — MD Code / Article gab / Title 15 / Subtitle 28 / Section 15-2801
§15–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, Estates and Trusts § 15-407 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle applies to institutional funds existing on or established after the effective date of Chapter 134 of the Acts of the General Assembly of 2009.

(b) As applied to institutional funds existing on the effective date of Chapter 134 of the Acts of the General Assembly of 2009, this subtitle governs only decisions made or actions taken on or after that date.
Md. Code, Alcoholic Beverages and Cannabis § 15-204 — MD Code / Article gab / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

In making the appointments, the Governor shall designate a chair from among the regular members of the Board.
Md. Code, State Finance and Procurement § 15-109 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) At reasonable times an inspection may be conducted of a plant, place of business, or job site of:

(1) a bidder or offeror seeking a procurement contract;

(2) any contractor under a procurement contract;

(3) a subcontractor under a procurement contract; or

(4) a prospective subcontractor of:

(i) a bidder or offeror seeking a procurement contract; or

(ii) a contractor under a procurement contract.

(b) An inspection under this section may be conducted by:

(1) the Department of Legislative Services;

(2) the unit engaged in procurement; or

(3) as authorized by law, any other unit.
Md. Code, Environment § 15-802 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-802
§15–802.
Status: in_force

(a) The General Assembly finds and declares that:

(1) The extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of the State and the nation and that this activity must be balanced against potential health, safety, and environmental effects;

(2) All reasonable steps should be taken:

(i) To protect these resources from encroachment by other land uses that would make these resources unavailable for future use; and

(ii) To balance this activity against other possible land uses, including consideration of uses for surrounding properties;

(3) Although it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials and the very character of certain surface mining operations precludes complete restoration of the land to its original condition, it is possible to conduct mining in a way to minimize its effects on the surrounding environment;

(4) Proper reclamation of mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of the State;

(5) There are certain circumstances in which surface mining is not desirable, as when the operation will have an unduly adverse effect on wildlife or freshwater, estuarine, or marine fisheries; and

(6) The conduct of mining and reclamation of mined lands as provided by this subtitle will allow the mining of valuable minerals and provide for the protection of the State’s environment and the subsequent beneficial use of the mined and reclaimed land.

(b) This subtitle is an exercise of the police powers of the State for the general welfare of the people of the State, by providing for the protection and conservation of the natural resources of the State and the reclamation of areas of land affected in the surface mining of metallic and nonmetallic minerals other than coal, to aid in the protection of birds and wildlife, to decrease soil erosion, to prevent pollution of rivers, streams, and lakes, to prevent loss or waste of valuable mineral resources, to prevent and eliminate hazards to health and safety, to provide for reclamation of mined areas so as to assure the use of these lands for productive purposes, and generally to provide for the continued use and enjoyment of these lands.
Md. Code, Insurance § 15-822 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-822
§15–822.
Status: in_force

(a) 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 that are issued or delivered in the State; and

(2) health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

(b) An entity subject to this section shall provide coverage for all medically appropriate and necessary diabetes equipment, diabetes supplies, and diabetes outpatient self–management training and educational services, including medical nutrition therapy, that the insured’s or enrollee’s treating physician or other appropriately licensed health care provider, or a physician who specializes in the treatment of diabetes, certifies are necessary for the treatment of:

(1) insulin–using diabetes;

(2) noninsulin–using diabetes;

(3) elevated or impaired blood glucose levels induced by pregnancy; or

(4) consistent with the American Diabetes Association’s standards, elevated or impaired blood glucose levels induced by prediabetes.

(c) If certified as necessary under subsection (b) of this section, the diabetes outpatient self–management training and educational services, including medical nutrition therapy, to be provided to the insured or enrollee shall be provided through a program supervised by an appropriately licensed, registered, or certified health care provider whose scope of practice includes diabetes education or management.

(d) (1) Subject to paragraph (2) of this subsection, and except as provided in paragraph (3) of this subsection, the coverage required under this section may be subject to the annual deductibles or coinsurance requirements imposed by an entity subject to this section for similar coverages under the same health insurance policy or contract.

(2) Except as provided in paragraph (3) of this subsection, the annual deductibles or coinsurance requirements imposed under paragraph (1) of this subsection for the coverage required under this section may not be greater than the annual deductibles or coinsurance requirements imposed by the entity for similar coverages.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, an entity subject to this section may not impose a deductible, copayment, or coinsurance requirement on diabetes test strips.

(ii) 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 diabetes test strips to the deductible requirement of the high–deductible health plan.

(e) An entity subject to this section may not reduce or eliminate coverages in its health insurance policies or contracts due to the requirements of this section.
Md. Code, Insurance § 15-1208.2 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1208.2
§15–1208.
Status: in_force

§15–1208.2.

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

(2) “Dependent” means an individual who is or who may become eligible for coverage under the terms of a health benefit plan because of a relationship with an eligible employee.

(3) “Qualifying coverage in an eligible employer–sponsored plan” has the meaning stated in 45 C.F.R. § 155.300.

(b) (1) A carrier shall establish a standardized annual open enrollment period of at least 30 days for each small employer.

(2) The annual open enrollment period shall occur before the end of the small employer’s plan year.

(3) During the annual open enrollment period, each eligible employee of the small employer shall be permitted to:

(i) enroll in a health benefit plan offered by the small employer;

(ii) discontinue enrollment in a health benefit plan offered by the small employer; or

(iii) change enrollment from one health benefit plan offered by the small employer to a different health benefit plan offered by the small employer.

(c) A carrier shall provide an open enrollment period of at least 30 days for each employee who becomes an eligible employee outside the initial or annual open enrollment period.

(d) (1) A carrier shall provide an open enrollment period for each individual who experiences a triggering event described in paragraph (4) of this subsection.

(2) The open enrollment period shall be for at least 30 days, beginning on the date of the triggering event.

(3) During the open enrollment period for an individual who experiences a triggering event, a carrier shall permit the individual to enroll in or change from one health benefit plan offered by the small employer to another health benefit plan offered by the small employer.

(4) A triggering event occurs when:

(i) subject to paragraph (5) of this subsection, an eligible employee or dependent loses minimum essential coverage;

(ii) an eligible employee or a dependent loses:

1. pregnancy–related coverage described under § 1902(a)(10)(A)(i)(IV) and (a)(10)(A)(ii)(IX) of the Social Security Act, which is considered to occur on the last day the eligible employee or dependent would have pregnancy–related coverage; or

2. access to health care services through a program providing prenatal care or services, which is considered to occur on the last day the eligible employee or dependent would have access to health care services;

(iii) an eligible employee or a dependent loses medically needy coverage as described under § 1902(a)(10)(C) of the Social Security Act, which is considered to occur on the last day the eligible employee or dependent would have medically needy coverage;

(iv) an eligible employee or a dependent who is enrolled in a qualified health plan in the SHOP Exchange adequately demonstrates to the SHOP Exchange that the qualified health plan in which the eligible employee or a dependent is enrolled substantially violated a material provision of the qualified health plan’s contract in relation to the eligible employee or a dependent;

(v) an eligible employee or a dependent:

1. loses eligibility for coverage under a Medicaid plan under Title XIX of the Social Security Act or a state child health plan under Title XXI of the Social Security Act; or

2. becomes eligible for assistance, with respect to coverage under the SHOP Exchange, under a Medicaid plan or state child health plan, including any waiver or demonstration project conducted under or in relation to a Medicaid plan or a state child health plan;

(vi) for SHOP Exchange health benefit plans:

1. an eligible employee’s or a dependent’s enrollment or nonenrollment in a qualified health plan is, as evaluated and determined by the Exchange:

A. unintentional, inadvertent, or erroneous; and

B. the result of the error, misrepresentation, misconduct, or inaction of an officer, employee, or agent of the Exchange or the federal Department of Health and Human Services, or its instrumentalities, or a non–Exchange entity providing enrollment assistance or conducting enrollment activities;

2. an eligible employee is an Indian as defined in § 4 of the federal Indian Health Care Improvement Act;

3. subject to paragraph (11) of this subsection, a material error related to plan benefits, service area, cost–sharing, or premium influenced the eligible employee’s or dependent’s decision to purchase a qualified health plan through the Exchange; or

4. an eligible employee or dependent demonstrates to the SHOP Exchange, in accordance with guidelines issued by the federal Department of Health and Human Services, that the eligible employee or a dependent meets other exceptional circumstances as the SHOP Exchange may provide;

(vii) an eligible employee or dependent:

1. is a victim of domestic abuse or spousal abandonment, as defined by 26 C.F.R. § 1.36B–2T;

2. is enrolled in minimum essential coverage; and

3. seeks to enroll in coverage separate from the perpetrator of the abuse or abandonment;

(viii) an eligible employee or dependent:

1. applies for coverage through the Individual Exchange during the annual open enrollment period or a special enrollment period;

2. is assessed by the Individual Exchange as potentially eligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program; and

3. is determined ineligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program by the Maryland Department of Health either:

A. after open enrollment has ended; or

B. more than 60 days after the qualifying event;

(ix) an eligible employee or dependent:

1. applies for coverage through the Maryland Medical Assistance Program or the Maryland Children’s Health Program during the annual open enrollment period; and

2. is determined ineligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program after open enrollment has ended; or

(x) an eligible employee or dependent gains access to new qualified health plans as a result of a permanent move and either:

1. had minimum essential coverage as described in 26 C.F.R. § 1.5000a–1(b) for 1 or more days during the 60 days before the date of the permanent move;

2. lived in a foreign country or in a United States territory for 1 or more days during the 60 days before the date of the permanent move;

3. lived in a service area where no qualified health plan was available through the Exchange:

A. for 1 or more days during the 60 days before the date of the permanent move; or

B. during the eligible employee’s or dependent’s most recent preceding open enrollment period or special enrollment period;

4. had coverage for prenatal care or services as described in 45 C.F.R. § 155.420(d)(1)(iii) for 1 or more days during the 60 days before the date of the permanent move; or

5. had medically needy coverage as described in 45 C.F.R. § 155.420(d)(1)(iv) for 1 or more days during the 60 days before the date of the permanent move.

(5) Loss of minimum essential coverage under paragraph (4)(i) of this subsection does not include loss of coverage due to:

(i) voluntary termination of coverage;

(ii) failure to pay premiums on a timely basis, including COBRA premiums prior to expiration of COBRA coverage; or

(iii) a rescission authorized under 45 C.F.R. § 147.128.

(6) The triggering event described in paragraph (4)(iii) of this subsection is permitted only once per year per individual.

(7) If an eligible employee or a dependent meets the requirements for the triggering event described in paragraph (4)(vi)1 of this subsection, the Exchange may take any action necessary to correct or eliminate the effects of the error, misrepresentation, or inaction.

(8) If an eligible employee meets the requirements for the triggering event described in paragraph (4)(vi)2 of this subsection, the eligible employee and a dependent may enroll in a qualified health plan or change from one qualified health plan to another one time per month.

(9) An eligible employee or a dependent who meets the requirements for the triggering event described in paragraph (4)(v) of this subsection shall have 60 days from the triggering event to select a health benefit plan.

(10) If a victim of domestic abuse or spousal abandonment meets the requirements for the triggering event described in paragraph (4)(vii) of this subsection, the victim’s dependents may enroll in a qualified health plan at the same time as the victim.

(11) A material error under paragraph (4)(vi)3 of this subsection is an error that is likely to have influenced the enrollment of an eligible employee or the dependent of the eligible employee in a qualified health plan.

(e) If an individual enrolls for coverage during one of the open enrollment periods described in this section, coverage shall be effective in accordance with the requirements in 45 C.F.R. § 155.420.
Md. Code, Business Occupations and Professions § 15-701 — MD Code / Article gbo / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

This title may be cited as the “Maryland Professional Land Surveyors Act”.
Md. Code, Estates and Trusts § 15-509 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-509
§15–509.
Status: in_force

(a) A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate.

(b) If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, § 15–508 or § 15–522 of this subtitle applies to a receipt from the trust.
Md. Code, Alcoholic Beverages and Cannabis § 15-2501 — MD Code / Article gab / Title 15 / Subtitle 25 / Section 15-2501
§15–2501.
Status: in_force

(a) A person may not serve setups, including drinking containers and ice, or serve, provide, keep, or allow to be consumed alcoholic beverages or other component parts of mixed alcoholic drinks in a place of adult entertainment that:

(1) does not hold a license under this article; and

(2) allows in the establishment any form of sexual display or attire prohibited under § 4–605 of this article.

(b) A person who operates an establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
Md. Code, Health - General § 15-134.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-134.1
§15–134.
Status: in_force

§15–134.1.

(a) In this section, “legal resident” means an individual who maintains the State as the individual’s principal establishment, home of record, or permanent home and to where, whenever absent due to uniformed services obligation, the individual intends to return.

(b) A dependent of a legal resident of the State who is determined eligible to receive home– and community–based waiver services or other waiver services from the Department under this title shall retain eligibility for the services:

(1) Regardless of whether the legal resident leaves the State due to the legal resident’s uniformed services assignment outside the State; and

(2) If the dependent is otherwise eligible for the services.

(c) If a dependent of a legal resident is on a waiting list for home– and community–based waiver services or other waiver services to be provided under this title, the Department shall allow the dependent to remain on the waiting list for services while the legal resident is outside the State due to the legal resident’s uniformed services assignment outside the State.

(d) The Department shall reinstate services provided under this title to a dependent who resides with the legal resident while the legal resident is outside the State due to the legal resident’s uniformed services assignment outside the State:

(1) On the relocation of the dependent to the State; and

(2) If a request for services is made.
Md. Code, Insurance § 15-1219 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1219
§15–1219.
Status: in_force

(a) (1) (i) As part of the plan of operation, the Board shall establish a methodology to determine premium rates to be charged by the Pool to reinsure small employers and individuals under this section and § 15-1218 of this subtitle.

(ii) The methodology shall provide for the development of base reinsurance premium rates that shall be multiplied by the factors set forth in paragraph (2) of this subsection to determine the premium rates for the Pool.

(iii) The Board shall establish the base reinsurance premium rates at levels that reasonably approximate gross premiums charged to small employers by carriers for health benefit plans up to the level of coverage that the Board determines.

(2) Premiums for the Pool shall be as follows:

(i) an entire group may be reinsured for a rate that is 1.5 times the base reinsurance premium rate for the group established under this subsection; and

(ii) an individual may be reinsured for a rate that is 5 times the base reinsurance premium rate for the individual established under this subsection.

(3) (i) The Board periodically shall review the methodology established under paragraph (1) of this subsection, including the system of classification and any rating factors, to ensure that it reasonably reflects the claims experience of the Pool.

(ii) The Board may propose changes to the methodology, subject to the approval of the Commissioner.

(b) If a health benefit plan for a small employer is entirely or partially reinsured with the Pool, the premium charged to the small employer for any rating period for the coverage issued shall meet the requirements that relate to premium rates set forth in § 15-1205 of this subtitle.
Md. Code, Insurance § 15-834 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-834
§15–834.
Status: in_force

(a) 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.

(b) An entity subject to this section shall provide coverage for a prosthesis that has been prescribed by a physician for an enrollee or insured who has undergone a mastectomy and has not had breast reconstruction.
Md. Code, Estates and Trusts § 15-309 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

This subtitle does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession, generation-skipping transfer, or other taxes imposed by the laws of this State.
Md. Code, Insurance § 15-144 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-144
§15–144.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer that holds a certificate of authority in the State and provides health insurance in the State;

(ii) a health maintenance organization that is licensed to operate in the State;

(iii) a nonprofit health service plan that is licensed to operate in the State; or

(iv) any other person or organization that provides health benefit plans subject to State insurance regulation.

(3) “Health benefit plan” means:

(i) for a large group or blanket plan, a health benefit plan as defined in § 15–1401 of this title;

(ii) for a small group plan, a health benefit plan as defined in § 15–1201 of this title;

(iii) for an individual plan:

1. a health benefit plan as defined in § 15–1301(l) of this title; or

2. an individual health benefit plan as defined in § 15–1301(o) of this title;

(iv) short–term limited duration insurance as defined in § 15–1301(s) of this title; or

(v) a student health plan as defined in § 15–1318(a) of this title.

(4) “Medical/surgical benefits” has the meaning stated in 45 C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a).

(5) “Mental health benefits” has the meaning stated in 45 C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a).

(6) “Nonquantitative treatment limitation” means treatment limitations as defined in 45 C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a).

(7) (i) “Parity Act” means the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended.

(ii) “Parity Act” includes 45 C.F.R. § 146.136, 29 C.F.R. § 2590.712, and any other related federal regulations found in the Code of Federal Regulations to implement or enforce the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.

(8) “Parity Act classification” means:

(i) inpatient in–network benefits;

(ii) inpatient out–of–network benefits;

(iii) outpatient in–network benefits;

(iv) outpatient out–of–network benefits;

(v) prescription drug benefits; and

(vi) emergency care benefits.

(9) “Product” has the meaning stated in § 15–1309(a)(3) of this title.

(10) “Substance use disorder benefits” has the meaning stated in 45 C.F.R. § 146.136(a) and 29 C.F.R. § 2590.712(a).

(b) This section applies to a carrier that delivers or issues for delivery a health benefit plan in the State.

(c) (1) Each carrier subject to this section shall:

(i) for each Parity Act classification, identify all nonquantitative treatment limitations that are applied to mental health benefits, substance use disorder benefits, and medical/surgical benefits;

(ii) in accordance with the Parity Act, perform and document comparative analyses of the design and application of all nonquantitative treatment limitations imposed on mental health benefits and substance use disorder benefits;

(iii) provide the comparative analysis for each nonquantitative treatment limitation requested by the Commissioner within:

1. 15 working days after a written request; or

2. if adopted by the federal government, less than 15 working days to align with the federal rule or regulation;

(iv) within 30 days after a written request, provide the comparative analysis for each nonquantitative treatment limitation and related in operation data analysis, if available and requested by a member in accordance with the Parity Act disclosure requirements or, for members with individual plans, in accordance with subsection (e)(7) of this section; and

(v) submit the reports required under paragraph (2) of this subsection.

(2) On or before July 1, 2024, and every 2 years thereafter, each carrier subject to this section shall submit a report to the Commissioner on each product offered by the carrier in the individual, small, and large group markets to demonstrate the carrier’s compliance with the Parity Act.

(3) The report submitted under paragraph (2) of this subsection shall include the following information:

(i) all nonquantitative treatment limitation information required under the Parity Act, subsection (d) of this section, and any State regulations for the products identified under paragraph (2) of this subsection;

(ii) the results of a comparative analysis conducted by the carrier on not fewer than five nonquantitative treatment limitations selected by the Commissioner in accordance with paragraph (5) of this subsection; and

(iii) subject to paragraph (4) of this subsection, a statement, signed by a corporate officer, attesting that, for each product identified under paragraph (2) of this subsection, the selected nonquantitative treatment limitations and the processes, strategies, evidentiary standards, or other factors used in designing and applying the selected nonquantitative treatment limitations to mental health benefits, substance use disorder benefits, and medical/surgical benefits are the same for all plans within the product, as written and in operation.

(4) If, for any plan within a product identified under paragraph (2) of this subsection, the processes, strategies, evidentiary standards, or other factors used in designing and applying the selected nonquantitative treatment limitations to mental health benefits, substance use disorder benefits, or medical/surgical benefits are different, as written or in operation, from the other plans within the product:

(i) the statement required under paragraph (3)(iii) of this subsection shall note the exception and identify the plan; and

(ii) the carrier shall submit a separate comparative analysis for the selected nonquantitative treatment limitations for the plan.

(5) (i) In selecting the nonquantitative treatment limitations required to be included for each reporting period, the Commissioner:

1. shall prioritize the nonquantitative treatment limitations identified by the Commissioner as having the greatest impact on member access to care;

2. shall review the same subset of nonquantitative treatment limitations for each carrier report; and

3. may take into consideration other factors determined relevant by the Commissioner, including complaint trends, federal Parity Act guidance, and whether the nonquantitative treatment limitation was selected for a previous reporting year.

(ii) Of the five selected nonquantitative treatment limitations:

1. not more than two may be for utilization review; and

2. at least one must be for network composition, including reimbursement rate setting.

(6) A finding of noncompliance for a product shall apply to all plans within the product.

(d) (1) A carrier subject to this section shall conduct a comparative analysis for the nonquantitative treatment limitations selected under subsection (c)(5) of this section as nonquantitative treatment limitations are:

(i) written; and

(ii) in operation.

(2) The comparative analysis of the nonquantitative treatment limitations selected under subsection (c)(5) of this section shall:

(i) demonstrate that the processes, strategies, evidentiary standards, or other factors used in designing and applying each selected nonquantitative treatment limitation to mental health benefits and substance use disorder benefits in each Parity Act classification are comparable to, and are applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in designing and applying each selected nonquantitative treatment limitation to medical/surgical benefits within the same Parity Act classification; and

(ii) include all information required under the Parity Act.

(3) Regardless of whether it was used before the Parity Act was enacted and as requested by the Commission, a carrier shall perform and provide a comparative analysis for each process, strategy, evidentiary standard, or other factor used in designing and applying a selected nonquantitative treatment limitation used during a reporting period.

(e) In providing the analysis required under subsection (d) of this section, a carrier shall:

(1) identify the factors used to determine that a nonquantitative treatment limitation will apply to a benefit, including:

(i) the sources for the factors;

(ii) the factors that were considered but rejected; and

(iii) if a factor was given more weight than another, the reason for the difference in weighting;

(2) identify and define the specific evidentiary standards used to define the factors and any other evidence relied on in designing each nonquantitative treatment limitation;

(3) include the results of the audits, reviews, and analyses performed on the nonquantitative treatment limitations identified under subsection (c)(5) of this section to conduct the analysis required under subsection (d)(2) of this section for the plans and products as written;

(4) include the results of the audits, reviews, and analyses performed on the nonquantitative treatment limitations identified under subsection (c)(5) of this section to conduct the analysis required under subsection (d)(2) of this section for the plans and products as in operation;

(5) identify the measures used to ensure comparable design and application of nonquantitative treatment limitations that are implemented by the carrier and any entity delegated by the carrier to manage mental health benefits, substance use disorder benefits, or medical/surgical benefits on behalf of the carrier;

(6) disclose the specific findings and conclusions reached by the carrier that indicate that the health benefit plan is in compliance with this section and the Parity Act; and

(7) identify the process used to comply with the Parity Act disclosure requirements for mental health benefits, substance use disorder benefits, and medical/surgical benefits, including:

(i) the criteria for a medical necessity determination;

(ii) reasons for a denial of benefits; and

(iii) in connection with a member’s request for individual or group plan information and for purposes of filing an internal coverage or grievance matter and appeals, plan documents that contain information about processes, strategies, evidentiary standards, and any other factors used to apply a nonquantitative treatment limitation.

(f) The Commissioner shall:

(1) develop additional standardized data templates:

(i) to evaluate the comparative analysis of nonquantitative treatment limitations in operation; and

(ii) that meet or exceed any minimum requirements for data reporting specified in federal regulations;

(2) require each carrier subject to this section to submit:

(i) for each product identified under subsection (c)(2) of this section, the data templates described in item (1) of this subsection for the nonquantitative treatment limitations selected by the Commissioner for the reporting year in accordance with subsection (c)(5) of this section; and

(ii) a separate data template for any plans described in subsection (c)(4) of this section; and

(3) post the data templates on the Administration’s website for a comment period of not less than 30 days before adoption.

(g) The reports required under this section shall:

(1) be submitted on a standard form developed by the Commissioner that meets or exceeds any minimum requirements specified in the federal regulations and sub–regulatory guidance on nonquantitative treatment limitations reporting;

(2) be submitted by the carrier that issues or delivers the product;

(3) be prepared in coordination with any entity the carrier contracts with to provide mental health benefits and substance use disorder benefits;

(4) contain a statement, signed by a corporate officer, attesting to the accuracy of the information contained in the report;

(5) be available to plan members and the public on the carrier’s website in a summary form that removes confidential or proprietary information and is developed by the Commissioner in accordance with subsection (n)(2) of this section; and

(6) exclude any identifying information of any plan member.

(h) (1) A carrier submitting a report under this section may submit a written request to the Commissioner that disclosure of specific information included in the report be denied under the Public Information Act and, if submitting a request, shall:

(i) identify the particular information the disclosure of which the carrier requests be denied; and

(ii) cite the statutory authority under the Public Information Act that authorizes denial of access to the information.

(2) The Commissioner may review a request submitted under paragraph (1) of this subsection on receipt of a request for access to the information under the Public Information Act.

(3) The Commissioner may notify the carrier that submitted the request under paragraph (1) of this subsection before granting access to information that was the subject of the request.

(4) A carrier shall disclose to a member on request any plan information contained in a report that is required to be disclosed to that member under federal or State law.

(i) (1) The Commissioner shall:

(i) review each report submitted in accordance with subsections (c), (d), and (f) of this section to assess each carrier’s compliance with the Parity Act for each Parity Act classification;

(ii) notify a carrier in writing of any noncompliance with the Parity Act before issuing an administrative order; and

(iii) within 90 days after the notice of noncompliance is issued, allow the carrier to:

1. submit a compliance plan to the Administration to comply with the Parity Act; and

2. reprocess any claims that were improperly denied, in whole or in part, because of the noncompliance.

(2) The Commissioner may require carriers to complete data templates for a nonquantitative treatment limitation more frequently than every 2 years.

(j) (1) If the Commissioner finds that the carrier failed to submit a complete report required under this section, the Commissioner may:

(i) take action authorized under paragraph (2) of this subsection;

(ii) in accordance with § 2–208 of this article, charge the carrier for any additional expenses incurred by the Commissioner to review additional reports;

(iii) impose a penalty for each day that the carrier fails to submit information required by the Commissioner to evaluate compliance; or

(iv) impose any penalty or take any action as authorized:

1. for an insurer, nonprofit health service plan, or any other person subject to this section, under this article; or

2. for a health maintenance organization, under this article or the Health – General Article.

(2) If the Commissioner cannot make a determination that a specific conduct or practice is compliant with the Parity Act because the carrier failed to provide a sufficient comparative analysis for a nonquantitative treatment limitation, the Commissioner may:

(i) issue an administrative order requiring the carrier or an entity delegated by the carrier to take the following action until the Commissioner can make a determination of compliance with the Parity Act:

1. modify the conduct or practice as specified by the Commissioner;

2. cease the conduct or practice; or

3. submit periodic data related to the conduct or practice; or

(ii) subject to paragraph (3) of this subsection, require the carrier to perform a new comparative analysis.

(3) The Commissioner may require the carrier to establish specific quantitative thresholds for evidentiary standards and conduct a new comparative analysis for a nonquantitative treatment limitation if the Commissioner determines a carrier failed to provide a sufficient comparative analysis because the carrier did not:

(i) use applicable quantitative thresholds for the evidentiary standard; or

(ii) provide a specific, detailed, and reasoned explanation of how the carrier ensures that the factors for the nonquantitative treatment limitation are being applied comparably and no more stringently to mental health and substance use disorder services.

(4) Subsection (i)(1)(iii) of this section does not apply to the failure of a carrier to submit a complete report.

(k) If, as a result of the review required under subsection (i)(1)(i) of this section, the Commissioner finds that the carrier failed to comply with the Parity Act, and did not submit a compliance plan to adequately correct the noncompliance, the Commissioner may:

(1) issue an administrative order that requires:

(i) the carrier or an entity delegated by the carrier to cease the noncompliant conduct or practice; or

(ii) the carrier to provide a payment that has been denied improperly because of the noncompliance; or

(2) impose any other penalty or take any action as authorized:

(i) for an insurer, nonprofit health service plan, or any other person subject to this section, under this article; or

(ii) for a health maintenance organization, under this article or the Health – General Article.

(l) (1) A carrier shall have the burden of persuasion in demonstrating that its design and application of a nonquantitative treatment limitation complies with the Parity Act:

(i) in any review conducted by the Commissioner under this section; or

(ii) in any complaint investigation or market conduct action undertaken by the Commissioner that involves the application of the Parity Act.

(2) (i) A failure of a carrier to submit complete Parity Act compliance information required under this section or in connection with an investigation or examination by the Commissioner shall constitute noncompliance with the Parity Act.

(ii) Subsection (i)(1)(iii) of this section does not apply to a carrier that fails to submit complete Parity Act compliance information.

(m) In determining an appropriate penalty under subsection (j) or (k) of this section, the Commissioner shall consider the late filing of a report required under subsection (c) or (f) of this section and any parity violation to be a serious violation with a significantly deleterious effect on the public.

(n) The Commissioner shall create:

(1) a standard form for entities to submit the reports in accordance with subsection (g)(1) of this section; and

(2) a summary form for entities to post to their websites in accordance with subsection (g)(5) of this section.

(o) The Commissioner shall, in consultation with interested stakeholders, adopt regulations to implement this section, including to ensure uniform definitions and methodology for the reporting requirements established under this section.
Md. Code, Environment § 15-701 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

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

(b) “Board” means the Board of Public Works.

(c) “Costs” means the costs of acquisition, improvement, development, rehabilitation, construction, reconstruction and development of land and facilities and its financing, including the cost of engineering and legal services, appraisals, plans, specifications, surveys, investigations, feasibility studies, estimates of costs and revenues, and other necessary or incidental capital expenditures.

(d) “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property.

(e) “Studies” means the collection, analysis, and preparation of information, alternatives, and recommendations to permit the State or any of its political subdivisions singly or jointly to determine a course of action to meet the purposes of this subtitle.
Md. Code, Estates and Trusts § 15-619 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-619
§15–619.
Status: in_force

If a provision of this subtitle or its application to a person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Md. Code, Health - General § 15-903 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-903
§15–903.
Status: in_force

(a) There shall be only one appropriate bargaining unit of independent home care providers in the State.

(b) Independent home care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all independent home care providers in the State.

(c) (1) The election and certification of the exclusive representative of independent home care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.

(2) All elections shall be conducted by the Public Employee Relations Board and subject to the requirements and limitations of Title 22, Subtitle 4 of the State Government Article.

(3) The Public Employee Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.

(4) A provider organization designated as the exclusive representative shall represent all independent home care providers in the State fairly and without discrimination, whether or not the independent home care providers are members of the provider organization.
Md. Code, Environment § 15-611 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-611
§15–611.
Status: in_force

(a) If the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under it, or the terms and conditions of a permit, including the approved mining and reclamation plan, has occurred, the Department shall serve written notice of a violation on the operator, specifying the facts constituting the apparent violation and inform the operator of his right to a hearing at a stated time and place. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order until the violation is corrected.

(b) The hearing shall be held within 45 days after the notice is forwarded to the operator. The operator may appear at the hearing, either personally or through counsel, and present evidence on his behalf. The Department shall render a decision regarding the violation within ten days after the hearing.

(c) The Department may revoke the permit if the violation is not corrected.

(d) Any operator whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until he has complied fully with the provisions of this subtitle, the rules and regulations adopted under it, and the terms and conditions of his permit, including any modifications and the approved mining and reclamation plan, and until he has satisfactorily corrected all previous violations.
Md. Code, Health - General § 15-303 — MD Code / Article ghg / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) (1) The Department shall be responsible for enrolling program recipients in managed care organizations under the Maryland Children’s Health Program established under § 15–301 of this subtitle.

(2) The Department may contract with an entity to perform any part or all of its enrollment responsibilities under paragraph (1) of this subsection.

(3) The Department or its enrollment contractor, to the extent feasible in its marketing, outreach, and enrollment programs, shall hire individuals receiving assistance under the Family Investment Program established under Title 5, Subtitle 3 of the Human Services Article.

(b) (1) To the extent allowed under federal law and regulations, the Secretary shall implement expedited eligibility for any individual who applies through the local health department for the Maryland Children’s Health Program under § 15–301 of this subtitle, including any individual with associated food stamp, cash assistance, or medical assistance cases.

(2) The Secretary shall designate organizations that may:

(i) Assist individuals in the application process; and

(ii) Perform other outreach functions.

(3) In designating the organizations under paragraph (2) of this subsection, the Secretary shall ensure the inclusion of statewide and local organizations that provide services to children of all ages in each region of the State, and shall provide such organizations with:

(i) Forms that are necessary for parents, guardians, and other individuals to submit applications to the Maryland Children’s Health Program on behalf of a child; and

(ii) Information on how to assist parents, guardians, and other individuals in completing and filing such applications.
Md. Code, Criminal Procedure § 15-101 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Coordinator” means the State’s Attorneys’ Coordinator.

(c) “Council” means the State’s Attorneys’ Coordination Council.

(d) “State’s Attorney” means the individual holding that office under Article V, § 7 of the Maryland Constitution.
Md. Code, Business Occupations and Professions § 15-202 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) (1) The Board consists of 6 members.

(2) Of the 6 members of the Board:

(i) 3 shall be professional land surveyors;

(ii) 1 shall be a licensed property line surveyor or a professional land surveyor; and

(iii) 2 shall be consumer members.

(3) The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.

(4) The Governor may appoint each of the professional members from a list of at least 3 names submitted to the Secretary by the Maryland Society of Surveyors.

(b) Each consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be a licensee or otherwise be subject to regulation by the Board;

(3) may not be required to meet the qualifications for the professional members of the Board; and

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(c) While a member of the Board, a consumer member may not:

(1) have a financial interest in or receive compensation from a person regulated by the Board; or

(2) grade any examination given by or for the Board.

(d) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e) (1) The term of a member is 5 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

(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.

(f) (1) The Governor may remove a member for incompetence, misconduct, neglect of duties, or other good cause.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Insurance § 15-703 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-703
§15–703.
Status: in_force

(a) In this section, “certified nurse practitioner” means a licensed registered nurse who has:

(1) completed a nurse practitioner program approved by the State Board of Nursing; and

(2) passed an examination approved by the State Board of Nursing.

(b) Each insurer that proposes to issue, renew, amend, or reissue an individual, group, or blanket health insurance policy in the State that is written on an expense-incurred basis shall offer the option of providing benefits for expenses that arise from services rendered by a certified nurse practitioner.

(c) Each nonprofit health service plan that proposes to issue, renew, amend, or reissue a health insurance policy in the State shall offer the option of providing benefits for expenses that arise from services rendered by a certified nurse practitioner.

(d) The insurer or nonprofit health service plan may limit the coverage offered under this section for services provided by a certified nurse practitioner while working under the direct supervision of a physician.

(e) The utilization of health insurance benefits provided under this section for services rendered by a certified nurse practitioner is subject to review by a peer review committee appointed by the State Board of Nursing.
Md. Code, Environment § 15-406 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

(a) The operator of each coal mine shall report monthly to the district mine inspector, on forms the Bureau provides, all required information regarding any fatal and serious accident that has occurred in and about the mine.

(b) If any district mine inspector receives notice that a fatal accident has occurred at any mine, he shall go immediately to the mine to investigate the cause of the accident and report in writing to the Bureau. A copy of the report shall be sent to the operator of the mine. The district mine inspector may require the attendance of witnesses, and administer oaths and affirmations to them. If any person neglects or refuses to obey the summons of the inspector, or to testify, except when his refusal is privileged, the inspector shall certify the person for neglect or refusal to the circuit court for the county in which the investigation is held. The court may punish the neglect or refusal as a contempt. The costs of any investigation shall be paid by the county in which the accident may occur, on the warrant of the Director of the Bureau.
Md. Code, Insurance § 15-1003 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1003
§15–1003.
Status: in_force

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

(2) (i) “Health care practitioner” means a person that is licensed or certified under the Health Occupations Article and reimbursed by a third party payor.

(ii) “Health care practitioner” does not include a physician or other person licensed or certified under this article when the physician or other person is rendering care to a member or subscriber of a health maintenance organization and is compensated by the health maintenance organization for that care on a salaried or capitated basis.

(3) “Hospital” has the meaning stated in § 19-301 of the Health - General Article.

(b) The Commissioner shall adopt by regulation as the uniform claims form for reimbursement of hospital services in the State the uniform claims form adopted by the National Uniform Billing Committee and approved by the Centers for Medicare and Medicaid Services for Hospital Payments under Title XVIII of the Social Security Act.

(c) The Commissioner shall adopt by regulation a uniform claims form for reimbursement of health care practitioners’ services.

(d) (1) The Commissioner shall adopt by regulation:

(i) a definition of a clean claim, including:

1. the essential data elements that must be completed on the uniform claims form; and

2. uniform standards for attachments to the uniform claims form;

(ii) permissible categories of disputed claims for which additional information may be requested under §§ 15-1004(c) and 15-1005(c) of this subtitle; and

(iii) standards for determining when a claim is considered received for reimbursement.

(2) In adopting the regulations required under paragraph (1)(i) of this subsection, the Commissioner shall consider:

(i) standards for attachments required by the federal Centers for Medicare and Medicaid Services for the Medicare Program;

(ii) standards used by insurance carriers, nonprofit health service plans, and health maintenance organizations in the State; and

(iii) federal regulations adopted under the Health Insurance Portability and Accountability Act.
Md. Code, Environment § 15-702 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-702
§15–702.
Status: in_force

(a) It is the intention of the General Assembly to provide for the restoration of State waters affected by pollution from any abandoned mine to the quality necessary to support fish and other aquatic life, recreation, and other beneficial purposes. To accomplish this objective, the Secretary may acquire and rehabilitate land occupied or degraded by any abandoned deep or strip mine to prevent the land from contributing to water pollution and take whatever other measures are necessary to prevent, control, and abate water pollution from any abandoned mining area.

(b) The Secretary may promulgate rules and regulations to implement the provisions of this subtitle.
Md. Code, Insurance § 15-114 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-114
§15–114.
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; or

(v) any other person that provides dental benefit plans subject to regulation by the State.

(3) “Dental point–of–service option” means a delivery system that allows an insured, enrollee, or other covered person under a dental benefit plan to receive dental services outside a provider panel.

(4) “Provider panel” means the providers that contract with a carrier to provide dental services to the carrier’s insureds, enrollees, or other covered persons under the carrier’s dental benefit plan.

(b) (1) If an employer, association, or other private group arrangement offers dental benefit plan coverage to employees or other individuals only through a carrier’s provider panel, the carrier of the employer, association, or other private group arrangement shall offer, or contract with another carrier to offer, a dental point–of–service option to the employer, association, or other private group arrangement as an additional benefit for an employee or other individual, to accept or reject at the employee’s or other individual’s option.

(2) If a carrier’s dental provider panel is the sole delivery system offered to employees by an employer, the carrier:

(i) shall offer the employer a dental point–of–service option for the individual employee to accept or reject;

(ii) may not impose a minimum participation level on the dental point–of–service option; and

(iii) as part of the group enrollment application, shall provide to each employer a disclosure statement for each dental point–of–service option offered that conforms to regulations, for the point–of–service option required under § 19–710.2 of the Health – General Article, adopted by:

1. the Maryland Health Care Commission for the small group market; and

2. the Administration for the non–small group market.

(c) (1) An employer, association, or other private group arrangement may require an employee or other individual who accepts the additional coverage under a dental point–of–service option under subsection (b) of this section to pay a premium over the amount of the premium for the dental benefit coverage offered by the carrier only through its provider panel.

(2) A carrier may impose different cost–sharing provisions for the dental point–of–service option based on whether the dental service is provided through the carrier’s provider panel or outside the carrier’s provider panel.
Md. Code, Insurance § 15-1A-22 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-22
§15–1A–22.
Status: in_force

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

(2) “Gender identity” has the meaning stated in § 20–101 of the State Government Article.

(3) “Sexual orientation” has the meaning stated in § 20–101 of the State Government Article.

(b) This section does not prohibit a carrier from refusing, withholding, or denying coverage under a health benefit plan to any individual for failure to conform to the usual and regular requirements, standards, and regulations of the carrier, unless the denial is based on discrimination on the grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, gender identity, or disability.

(c) This section does not apply to limitations or restrictions related to age or marital status that are specifically authorized or required under this article to limit or restrict eligibility for insurance coverage or benefits.

(d) A carrier may not refuse, withhold, or deny any individual coverage under a health benefit plan offered by the carrier or otherwise discriminate against any individual because of the individual’s race, sex, creed, color, national origin, marital status, sexual orientation, age, gender identity, or disability.

(e) The Commissioner and the Commission on Civil Rights shall enforce the provisions of this section as provided for in § 2–202 of this article.

(f) The Commissioner may adopt regulations necessary to carry out this section consistent with federal statutes, rules, and guidance in effect on December 31, 2024.
Md. Code, Environment § 15-901 — MD Code / Article gen / Title 15 / Subtitle 9 / Section 15-901
§15–901.
Status: in_force

The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

Article I

Findings and Purposes

(a) The party states find that:

1. Mining and the contributions thereof to the economy and well–being of every state are of basic significance.

2. The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public.

3. Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern.

4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources; but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated.

5. The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.

(b) The purposes of this compact are to:

1. Advance the protection and restoration of land, water and other resources affected by mining.

2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining.

3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated.

4. Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources.

5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.

Article II

Definitions

As used in this compact, the term:

(a) “Mining” means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location; and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on site farming or construction.

(b) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

Article III

State Programs

Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:

1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations.

2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water.

3. The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands.

4. The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.

Article IV

Powers

In addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this compact, such commission shall have power to:

1. Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change.

2. Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining.

3. Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact.

4. Gather and disseminate information relating to any of the matters within the purview of this compact.

5. Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact.

6. Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact.

7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations.

8. Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.

Article V

The Commission

(a) There is hereby created an agency of the party states to be known as the “Interstate Mining Commission”, hereinafter called “the commission”. The commission shall be composed of one commissioner from each party state who shall be the governor thereof. Pursuant to the laws of his party state, each governor shall have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his state on the commission. In any instance where a governor is unable to attend a meeting of the commission or perform any other function in connection with the business of the commission, he shall designate an alternate, from among the members of the advisory body required by this paragraph, who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the governor to the commission in such manner as its bylaws may provide.

(b) The commissioners shall be entitled to one vote each on the commission. No action of the commission making a recommendation pursuant to Article IV–3, IV–7, and IV–8 or requesting, accepting or disposing of funds, services, or other property pursuant to this paragraph, Articles V (g), V (h), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the commission is cast in favor thereof. All other action shall be by a majority of those present and voting: provided that action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(c) The commission shall have a seal.

(d) The commission shall elect annually, from among its members, a chairman, a vice–chairman, and a treasurer. The commission shall appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission. The executive director, the treasurer, and such other personnel as the commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the commission.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission’s functions, and shall fix the duties and compensation of such personnel.

(f) The commission may establish and maintain independently or in conjunction with a party state, a suitable retirement system for its employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor’s insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate.

(g) The commission may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.

(h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender.

(i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

(j) The commission annually shall make to the governor, legislature and advisory body required by Article V (a) of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been made by the commission. The commission may make such additional reports as it may deem desirable.

Article VI

Advisory, Technical, and Regional Committees

The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission.

Article VII

Finance

(a) The commission shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

(b) Each of the commission’s budgets of estimated expenditures shall contain specified recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: one half in equal shares, and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission’s budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined.

(c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article V (h) of this compact: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article V (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

(e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

(f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

Article VIII

Entry Into Force and Withdrawal

(a) This compact shall enter into force when enacted into law by any four or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article IX

Effect on Other Laws

Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state.

Article X

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Md. Code, Insurance § 15-1501 — MD Code / Article gin / Title 15 / Subtitle 15 / Section 15-1501
§15–1501.
Status: in_force

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

(2) “Commission” means the Maryland Health Care Commission.

(3) (i) “Mandated health insurance service” means a legislative proposal or statute that would require a particular health care service to be provided or offered in a health benefit plan, by a carrier, including a health maintenance organization, or other organization authorized to provide health benefit plans in the State.

(ii) “Mandated health insurance service”, as applicable to all carriers, does not include services enumerated to describe a health maintenance organization under § 19–701(g)(2) of the Health – General Article.

(b) This subtitle does not affect the ability of the General Assembly to enact legislation on mandated health insurance services.

(c) (1) The Commission shall assess the social, medical, and financial impacts of a proposed mandated health insurance service.

(2) In assessing a proposed mandated health insurance service and to the extent that information is available, the Commission shall consider:

(i) social impacts, including:

1. the extent to which the service is generally utilized by a significant portion of the population;

2. the extent to which the insurance coverage is already generally available;

3. if coverage is not generally available, the extent to which the lack of coverage results in individuals avoiding necessary health care treatments;

4. if coverage is not generally available, the extent to which the lack of coverage results in unreasonable financial hardship;

5. the level of public demand for the service;

6. the level of public demand for insurance coverage of the service;

7. the level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts; and

8. the extent to which the mandated health insurance service is covered by self–funded employer groups of employers in the State who employ at least 500 employees;

(ii) medical impacts, including:

1. the extent to which the service is generally recognized by the medical community as being effective and efficacious in the treatment of patients;

2. the extent to which the service is generally recognized by the medical community as demonstrated by a review of scientific and peer review literature; and

3. the extent to which the service is generally available and utilized by treating physicians; and

(iii) financial impacts, including:

1. the extent to which the coverage will increase or decrease the cost of the service;

2. the extent to which the coverage will increase the appropriate use of the service;

3. the extent to which the mandated service will be a substitute for a more expensive service;

4. the extent to which the coverage will increase or decrease the administrative expenses of carriers, including health maintenance organizations, or other organizations authorized to provide health benefit plans in the State, and the premium and administrative expenses of policy holders and contract holders;

5. the impact of this coverage on the total cost of health care; and

6. the impact of all mandated health insurance services on employers’ ability to purchase health benefits policies meeting their employees’ needs.

(d) Subject to the limitations of the State budget, the Commission may contract for actuarial services and other professional services to carry out the provisions of this section.

(e) (1) On or before December 31, 1998, and each December 31 thereafter, the Commission shall submit a report on its findings, including any recommendations, to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

(2) The annual report prepared by the Commission shall include an evaluation of any mandated health insurance service legislatively proposed or otherwise submitted to the Commission by a member of the General Assembly prior to July 1 of that year.
Md. Code, Business Occupations and Professions § 15-206 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

(a) The Board shall administer and enforce this title.

(b) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

(1) any disciplinary action under § 15-317 of this title; or

(2) any proceeding brought for an alleged violation of this title.

(c) (1) The Board may sue to enforce any provision of this title by injunction.

(2) In seeking an injunction under this subsection, the Board is not required to:

(i) post bond; or

(ii) allege or prove either that:

1. an adequate remedy at law does not exist; or

2. substantial or irreparable damage would result from the continued violation of the provision.

(3) A member of the Board may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.
Md. Code, Transportation § 15-1013 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1013
§15–1013.
Status: in_force

(a) A manufacturer, distributor, or factory branch, whether directly or through an agent, an employee, an affiliate, or a representative, may not coerce or attempt to coerce a dealer to:

(1) Purchase a product the dealer did not order;

(2) Enter into an agreement with the manufacturer or distributor;

(3) Take action that is unfair or unreasonable to the dealer; or

(4) Forgo exercising a right authorized by a dealer agreement or any law governing the business relationship.

(b) A dealer bears the burden of proof regarding the prohibited acts described in this section.
Md. Code, Health - General § 15-401 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

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

(b) “Commissioner” means the Insurance Commissioner.

(c) “Program” means the Qualified State Long–Term Care Insurance Partnership.
Md. Code, Insurance § 15-2018 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2018
§15–2018.
Status: in_force

A pharmacy services administrative organization shall establish appropriate policies and procedures to implement the requirements of this subtitle.
Md. Code, Environment § 15-810 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-810
§15–810.
Status: in_force

(a) The Department shall approve and grant or deny the permit requested as expeditiously as possible, but not later than 30 days after the application forms or any supplemental information required are filed with the Department. The Department shall process the permit application concurrently with any local or county land use and zoning reviews.

(b) The Department may deny the permit on finding that:

(1) Any requirement of this subtitle or any rule or regulation adopted under it will be violated by the proposed operation;

(2) The operation will have an unduly adverse effect on wildlife or fresh water, estuarine, or marine fisheries;

(3) The applicant has failed to provide applicable permits or approvals covering the operation from all State and local regulatory agencies responsible for air and water pollution and sediment control;

(4) The operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of application for the permit;

(5) The operation will have a significantly adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of application for the permit;

(6) The applicant does not possess a valid surface mining license from the State;

(7) The applicant has not corrected all violations which he may have committed under any prior permit and which resulted in:

(i) Revocation of his permit;

(ii) Termination of the operation by order of the Department;

(iii) Forfeiture of part or all of his bond or other security;

(iv) Conviction of a misdemeanor under §§ 15–807(f) and 15–808(k) of this subtitle; or

(v) Any other court order issued against the applicant as a result of departmental action; or

(8) Previous experience with similar operations indicates a substantial probability that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or other water pollution.

(c) The Department may not issue the permit until the appropriate county has:

(1) Completed its review of the proposed land use; and

(2) Provided the Department with a written statement that states that the proposed land use conforms with all applicable county zoning and land use requirements.

(d) In the absence of any of these findings, a permit shall be granted. However, no permit becomes effective until the applicant has deposited with the Department an acceptable performance bond or other security pursuant to § 15–823 of this subtitle.

(e) Public notice, informational hearings, and judicial review shall be conducted in accordance with the provisions of § 5–204 of this article.
Md. Code, Insurance § 15-1215 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1215
§15–1215.
Status: in_force

(a) (1) Each carrier shall elect to become either a risk-assuming carrier or reinsuring carrier.

(2) The notification of election to become a risk-assuming carrier shall include an appropriate opinion by an independent qualified actuary that the risk-assuming carrier is able to assume and manage the risk of enrolling groups under this subtitle without the protection of the Pool.

(b) (1) The initial election under this section is binding for 3 years.

(2) After the initial 3 years, and every 5 years thereafter, each carrier shall again elect to be either a risk-assuming or reinsuring carrier.

(3) Each subsequent election is binding for 5 years.

(4) The Commissioner may allow a new carrier to make an election under conditions established by the Commissioner.

(c) (1) The Commissioner may allow a carrier to change its election at any time for good cause shown.

(2) In determining whether to approve an application by a carrier to change its election, the Commissioner shall consider:

(i) the applicant’s financial condition and the financial condition of any parent or guaranteeing corporation;

(ii) the applicant’s history of assuming and managing risk;

(iii) the applicant’s commitment to market fairly to all small employers in the State or in the applicant’s service area;

(iv) the applicant’s ability to assume and manage the risk of enrolling groups under this subtitle without the protection of the Pool; and

(v) the effect of approval of the application on the financial viability of the Pool.

(3) While the Commissioner is considering an application under this subsection, the carrier may request a hearing as provided under Title 11, Subtitle 5 of this article.
Md. Code, Insurance § 15-10D-01 — MD Code / Article gin / Title 15 / Subtitle 10D / Section 15-10D-01
§15–10D–01.
Status: in_force

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

(b) “Appeal” means a protest filed by a member, a member’s representative, or a health care provider with a carrier under its internal appeal process regarding a coverage decision concerning a member.

(c) “Appeal decision” means a final determination by a carrier that arises from an appeal filed with the carrier under its appeal process regarding a coverage decision concerning a member.

(d) “Carrier” means a person that offers a health benefit plan and is:

(1) an authorized insurer that provides health insurance in the State;

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization;

(5) a self–funded student health plan operated by an independent institution of higher education, as defined in § 10–101 of the Education Article, that provides health care to its students and their dependents; or

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

(e) “Complaint” means a protest filed with the Commissioner involving a coverage decision other than that which is covered by Subtitle 10A of this title.

(f) (1) “Coverage decision” means:

(i) an initial determination by a carrier or a representative of the carrier that results in noncoverage of a health care service;

(ii) a determination by a carrier that an individual is not eligible for coverage under the carrier’s health benefit plan; or

(iii) any determination by a carrier that results in the rescission of an individual’s coverage under a health benefit plan.

(2) “Coverage decision” includes nonpayment of all or any part of a claim.

(3) “Coverage decision” does not include:

(i) an adverse decision as defined in § 15–10A–01(b) of this title; or

(ii) a pharmacy inquiry.

(g) “Designee of the Commissioner” means any person to whom the Commissioner has delegated the authority to review and decide complaints filed under this subtitle, including an administrative law judge to whom the authority to conduct a hearing has been delegated for recommended or final decision.

(h) (1) “Health benefit plan” means:

(i) a hospital or medical policy or contract, including a policy or contract issued under a multiple employer trust or association;

(ii) a hospital or medical policy or contract issued by a nonprofit health service plan;

(iii) a health maintenance organization contract; or

(iv) a dental plan organization contract.

(2) “Health benefit plan” does not include one or more, or any combination of the following:

(i) long–term care insurance;

(ii) disability insurance;

(iii) accidental travel and accidental death and dismemberment insurance;

(iv) credit health insurance;

(v) a health benefit plan issued by a managed care organization, as defined in Title 15, Subtitle 1 of the Health – General Article;

(vi) disease–specific insurance; or

(vii) fixed indemnity insurance.

(i) “Health care provider” means:

(1) an individual who is licensed under the Health Occupations Article to provide health care services in the ordinary course of business or practice of a profession and is a treating provider of the member; or

(2) a hospital, as defined in § 19–301 of the Health – General Article.

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

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

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

(k) (1) “Member” means:

(i) a person entitled to health care services under a policy, plan, or contract issued or delivered in the State by a carrier; or

(ii) with regard to an individual who is determined by a carrier not to be eligible for a health benefit plan, an individual who has applied for coverage under a health benefit plan.

(2) “Member” includes:

(i) a subscriber; and

(ii) unless preempted by federal law, a Medicare recipient.

(3) “Member” does not include a Medicaid recipient.

(l) “Member’s representative” means an individual who has been authorized by the member to file an appeal or a complaint on behalf of the member.

(m) “Pharmacy benefits manager” has the meaning stated in § 15–1601 of this title.

(n) “Pharmacy inquiry” means an inquiry submitted by a pharmacist or pharmacy on behalf of a member to a carrier or a pharmacy benefits manager at the point of sale about the scope of pharmacy coverage, pharmacy benefit design, or formulary under a health benefit plan.
Md. Code, Insurance § 15-1402 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1402
§15–1402.
Status: in_force

(a) Subject to subsection (b) of this section, this subtitle applies to all carriers in connection with group health benefit plans.

(b) This subtitle does not apply to policies issued under Subtitle 12 of this title.
Md. Code, Transportation § 15-1005 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1005
§15–1005.
Status: reserved

(a) After the Administration notifies a manufacturer or distributor of new recreational vehicles of the approval of an application for a license and before the Administration issues a license, the manufacturer or distributor shall file with the Administration a surety bond in the form and with the surety that the Administration requires.

(b) (1) The amount of the surety bond shall be based on the number of new recreational vehicles transferred by the manufacturer or distributor to dealers in the State during the preceding license year, as follows:

(i) If 1 to 50 vehicles were transferred, a $25,000 surety bond;

(ii) If 51 to 500 vehicles were transferred, a $50,000 surety bond;

(iii) If 501 to 10,000 vehicles were transferred, a $100,000 surety bond; and

(iv) If more than 10,000 vehicles were transferred, a $300,000 surety bond.

(2) Each surety bond shall continuously maintain the amount specified in this subsection.

(3) A manufacturer or distributor need not file more than one bond regardless of the number of makes of recreational vehicles manufactured or distributed.
Md. Code, Business Occupations and Professions § 15-606 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

Other than a professional land surveyor or licensed property line surveyor who obtains a seal as authorized under this title, a person may not use or attempt to use a seal.
Md. Code, Transportation § 15-201 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

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

(b) (1) “Distributor” means a distributor who is authorized by the manufacturer or the manufacturer’s authorized importer to enter into franchise agreements with dealers of:

(i) New motor vehicles constructed or assembled outside of the United States; or

(ii) New two–stage vehicles completed outside of the United States by a second–stage manufacturer.

(2) “Distributor” does not include an autonomous vehicle converter as defined in § 15–901 of this title.

(c) (1) “Factory branch” means a branch office of a manufacturer from which the manufacturer:

(i) Sells or promotes the sale to dealers in this State of a particular brand or make of new motor vehicles, or new completed two–stage vehicles;

(ii) Directs and supervises its representatives in this State; or

(iii) Supervises or contacts its dealers or prospective dealers in this State.

(2) “Factory branch” does not include an autonomous vehicle converter as defined in § 15–901 of this title.

(d) “License” means a manufacturer’s, distributor’s, or factory branch’s license issued by the Administration under this subtitle.

(e) (1) “Manufacturer” means:

(i) A manufacturer of new motor vehicles constructed or assembled in the United States;

(ii) A second–stage manufacturer of new two–stage vehicles completed in the United States; and

(iii) In the case of trucks, a person engaged in the business of manufacturing truck component parts.

(2) “Manufacturer” does not include an autonomous vehicle converter as defined in § 15–901 of this title.

(f) “Second–stage manufacturer” has the meaning stated in § 13–113.2 of this article.
Md. Code, Public Safety § 15-101 — MD Code / Article gps / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Commission” means the Public Service Commission.

(c) “Gas” means natural gas, flammable gas, or toxic or corrosive gas.

(d) (1) “Gas pipeline” means an intrastate transmission line or any portion of an interstate transmission line located within the State that:

(i) transports gas from a gathering line or storage facility to a distribution center, storage facility, or large volume customer that is not downstream from a distribution center;

(ii) operates at a hoop stress of 20% or more of the specified minimum yield strength of the pipeline; or

(iii) transports gas within a storage field.

(2) “Gas pipeline” does not mean any transmission line or distribution line constructed, owned, or operated by a public service company as defined in § 1–101 of the Public Utilities Article.

(e) (1) “Gas transmission company” means a person that owns or operates a gas pipeline regulated under this title.

(2) “Gas transmission company” does not include a person that is primarily in the business of local gas distribution.
Md. Code, Insurance § 15-10B-14 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-14
§15–10B–14.
Status: in_force

The Commissioner may waive the requirements of this subtitle for a private review agent that operates solely under contract with the federal government for utilization review of patients eligible for hospital services under Title XVIII of the Social Security Act.
Md. Code, Health - General § 15-130.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-130.1
§15–130.
Status: in_force

§15–130.1.

(a) The Department shall apply to the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services for a psychiatric residential treatment demonstration waiver if the Centers announce in the Federal Register that the Centers are accepting applications for such a waiver.

(b) The waiver application required by subsection (a) of this section shall:

(1) Provide for services for a minimum of 150 individuals; or

(2) Provide for services for the maximum number of individuals that the Centers for Medicare and Medicaid Services allows, if the maximum number of individuals that the Centers allow to receive services under the waiver is fewer than 150 individuals.

(c) During the waiver application process, the Department shall conduct an analysis of both the short-term and long-term costs and benefits of implementing the waiver.

(d) The Department shall report to the General Assembly, in accordance with § 2-1257 of the State Government Article, every 6 months concerning the status of the Department’s application required under this section until the waiver is approved or denied.

(e) (1) If the Centers for Medicare and Medicaid Services approve the waiver application required under this section, the Department shall report to the General Assembly, in accordance with § 2-1257 of the State Government Article, on its decision on whether to implement the waiver.

(2) The report required under this subsection shall include a summary of the analysis required under subsection (c) of this section.
Md. Code, Education § 15-114 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-114
§15–114.
Status: in_force

(a) In this section, “degree plan” means a statement of the course of study requirements that an undergraduate student enrolled in a public higher education institution must complete to graduate from the institution.

(b) Except as provided in subsection (c) of this section, each undergraduate student enrolled in a public senior higher education institution shall file a degree plan with the institution as soon as practicable but not later than by the completion of 45 credit hours of course work.

(c) Each undergraduate student who transfers to a public senior higher education institution with at least 45 credit hours of course work shall file a degree plan with the institution during the student’s first semester at the institution.

(d) Each degree–seeking undergraduate student enrolled at a community college shall file a degree plan with the institution on entering the institution.

(e) A degree plan filed under this section shall:

(1) Be developed in consultation with:

(i) An academic advisor in the student’s degree program; or

(ii) If an academic advisor is not available in the student’s degree program, any academic advisor at the institution; and

(2) Follow a pathway to a degree as required under § 15–115 of this subtitle.
Md. Code, Insurance § 15-1612 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1612
§15–1612.
Status: in_force

(a) This section applies only to a pharmacy benefits manager that provides pharmacy benefits management services on behalf of a carrier.

(b) This section does not apply to reimbursement:

(1) except as provided in § 15–847.2 of this title, for specialty drugs;

(2) for mail order drugs; or

(3) to a chain pharmacy with more than 15 stores or a pharmacist who is an employee of the chain pharmacy.

(c) A pharmacy benefits manager may not reimburse a pharmacy or pharmacist for a pharmaceutical product or pharmacist service in an amount less than the amount that the pharmacy benefits manager reimburses itself or an affiliate for providing the same product or service.
Md. Code, Health - General § 15-141.6 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.6
§15–141.
Status: in_force

§15–141.6.

(a) In this section, “eligible Program recipient” means a Program recipient who:

(1) Is pregnant;

(2) Is postpartum; or

(3) Has been diagnosed with:

(i) Chronic kidney disease;

(ii) Diabetes;

(iii) Heart disease; or

(iv) A cardiometabolic disease.

(b) The Program shall provide coverage for self–measured blood pressure monitoring for all eligible Program recipients, including:

(1) The provision of validated home blood pressure monitors; and

(2) Reimbursement of health care provider and other staff time used for patient training, transmission of blood pressure data, interpretation of blood pressure readings and reporting, remote patient monitoring, and the delivery of co–interventions, including educational materials or classes.
Md. Code, Insurance § 15-10B-09.1 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-09.1
§15–10B–09.
Status: in_force

§15–10B–09.1.

A grievance decision shall be made based on the professional judgment of:

(1) (i) a licensed physician who is board certified or eligible in the same specialty as the treatment under review and knowledgeable about the requested health care service or treatment through actual clinical experience; or

(ii) a panel of other appropriate health care service reviewers with at least one licensed physician on the panel who is board certified or eligible in the same specialty as the treatment under review and knowledgeable about the requested health care service or treatment through actual clinical experience;

(2) when the grievance decision involves a dental service, a licensed dentist, or a panel of appropriate health care service reviewers with at least one dentist on the panel who is a licensed dentist, who shall consult with a dentist who is board certified or eligible in the same specialty as the service under review and knowledgeable about the requested health care service or treatment through actual clinical experience; or

(3) when the grievance decision involves a mental health or substance abuse service:

(i) a licensed physician who:

1. is board certified or eligible in the same specialty as the treatment under review; or

2. is actively practicing or has demonstrated expertise in the substance abuse or mental health service or treatment under review; or

(ii) a panel of other appropriate health care service reviewers with at least one licensed physician, selected by the private review agent who:

1. is board certified or eligible in the same specialty as the treatment under review; or

2. is actively practicing or has demonstrated expertise in the substance abuse or mental health service or treatment under review.
Md. Code, Health - General § 15-101.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-101.1
§15–101.
Status: in_force

§15–101.1.

(a) Except as otherwise provided in this subtitle, a managed care organization is not subject to the insurance laws of the State or to the provisions of Title 19 of this article.

(b) A managed care organization may not be required to offer a qualified plan, as defined in § 31–101 of the Insurance Article, in the Maryland Health Benefit Exchange.
Md. Code, Environment § 15-1202 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1202
§15–1202.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this subtitle applies to all mineral interests.

(2) This subtitle does not apply to a mineral interest:

(i) Held by the United States or a Native American tribe, except to the extent permitted by federal law; or

(ii) Held by the State or an agency or political subdivision of the State, except to the extent permitted by State law.

(b) The purpose of this subtitle is to make uniform the law governing dormant mineral interests among the states.

(c) This subtitle does not limit or affect any other procedure provided by law for clearing an abandoned mineral interest from title to real property.

(d) This subtitle does not limit or affect water rights.
Md. Code, Transportation § 15-311.3 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-311.3
§15–311.
Status: in_force

§15–311.3.

(a) (1) For a buyer purchasing a vehicle through dealer–arranged financing or leasing before approval of a third–party institution has been received, the following notice shall be provided to the buyer in a separate document and signed by the dealer and the buyer:

“For finance or lease sales: The financing or lease agreement you entered into with the dealer is not final and must be approved by a third–party financial institution. If the terms are approved, the sale cannot be canceled. If the terms are not approved, the dealer must notify you in writing within 4 days of delivery of the vehicle to you, and you or the dealer may cancel this sale. If the sale is canceled, the vehicle delivered to you must be returned to the dealer in the same condition it was given to you, except for normal wear and tear, within 2 days of your receipt of a written notice of the third–party rejection. Unless you and the dealer agree on different terms, any down payment, titling fee, excise tax, dealer processing charge, or any other fee, tax, or charge associated with the transaction, and any trade–in vehicle, in the same condition in which the dealer received the vehicle, will be returned to you immediately and you may not be charged a fee for use of the vehicle that was the subject of the sale. You may not waive any of these rights. If you feel the dealer has failed to comply with the terms of this notice, you may contact the Motor Vehicle Administration or the Consumer Protection Division of the Office of the Attorney General.”.

(2) A copy of the signed notice shall be provided to the buyer before delivery of the vehicle to the buyer.

(b) A dealer shall notify a buyer in writing if the terms of a financing or lease agreement between a dealer and a buyer are not approved by a third–party finance source within 4 days of delivery of a vehicle to the buyer.

(c) (1) If the terms of a financing or lease agreement between a dealer and a buyer are not approved by a third–party finance source, the buyer shall return the vehicle to the dealer in the same condition in which the buyer received the vehicle, except for normal wear and tear, within 2 days of receipt of the notice required under subsection (b) of this section.

(2) If a buyer does not return the vehicle to the dealer as required under paragraph (1) of this subsection, the dealer may repossess the vehicle in accordance with State law.

(d) (1) A dealer and a buyer may agree on new financing or leasing terms on return of a vehicle under subsection (c)(1) of this section.

(2) (i) If a dealer and a buyer do not agree on new financing or leasing terms, the dealer or the buyer may cancel the sale.

(ii) If a sale is canceled under subparagraph (i) of this paragraph, the dealer:

1. Shall return to the buyer:

A. Any trade–in vehicle in the same condition in which the dealer received the vehicle;

B. Any down payment;

C. The titling fee and excise tax paid under Title 13, Subtitle 8 of this article;

D. Any dealer processing charge; and

E. Any other fee, tax, or charge associated with the transaction; and

2. May not charge the buyer a fee for the use of the vehicle.

(e) A dealer shall maintain the required security for the vehicle under § 17–104(b) of this article until the terms of the financing or lease agreement between a buyer and a dealer are approved by a third–party finance source.

(f) A buyer may not waive the rights established under this section.

(g) A violation of this section by a dealer:

(1) Is an unfair and deceptive trade practice under Title 13 of the Commercial Law Article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.
Md. Code, Estates and Trusts § 15-406 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

Compliance with this subtitle shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken.
Md. Code, Business Occupations and Professions § 15-403 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) An applicant for a permit shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board a nonrefundable application fee set by the Board.

(b) In addition to any other information required on an application form, the form shall require the following:

(1) the name and address of at least one person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; and

(2) evidence acceptable to the Board that a person in responsible charge is an employee, an owner, a director, an officer, a member, or a partner, as applicable, of the entity seeking a permit.
Md. Code, Transportation § 15-116 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

Any penalty under this subtitle is in addition to any other penalty provided by law.
Md. Code, Land Use § 15-120 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-120
§15–120.
Status: in_force

(a) This section does not prohibit a commissioner from:

(1) appearing in the pursuit of the commissioner’s private interests as a citizen;

(2) accepting or receiving any benefit by operation of law; or

(3) prosecuting or pursuing any claim, right, privilege, or remedy that accrues to the commissioner by operation of law.

(b) (1) (i) This subsection does not prohibit a commissioner from having or holding a private investment, business, or professional interest, unless the interest is or reasonably may be in conflict with the proper performance of the commissioner’s duty.

(ii) A private investment, business, or professional interest is presumed to be in conflict with the proper performance of the commissioner’s duty if the commissioner or the commissioner’s spouse, parent, child, brother, or sister:

1. jointly or severally owns more than 3% of the invested capital or capital stock of any entity involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves; or

2. receives a total combined compensation of more than $5,000 a year from any person involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves.

(2) This subsection does not apply to or include:

(i) an interest or investment in land geographically remote from the land involved in the decision;

(ii) the ownership of real property on which the commissioner maintains a primary residence; or

(iii) a possibility of reverter, a mortgage, or other security interest in real property not otherwise described in this subsection.

(3) A commissioner may not:

(i) decide, or participate in, a decision in which the commissioner has a financial interest, whether as an owner, member, partner, officer, employee, stockholder, or other participant of or in any private business or professional enterprise, that will be affected by the decision; or

(ii) knowingly participate in a decision affecting the financial interest, jointly or severally, of a person related to the commissioner or the commissioner’s spouse, parent, child, brother, or sister.

(c) A commissioner may not:

(1) act as a broker, agent, attorney, representative, or employee of any person in the person’s business dealings with:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission;

(2) decide, or participate in, a decision on any matter in which a close business or professional associate has acted as a broker, agent, attorney, representative, or employee of any person or represented private interests before:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission; or

(3) represent a private interest or appear in a position of advocacy, other than in the performance of the commissioner’s official duties, either in person or through an associate, in any matter or proceeding pending before:

(i) the Montgomery County Council;

(ii) the Prince George’s County Council;

(iii) the Washington Suburban Sanitary Commission;

(iv) the Commission;

(v) the Montgomery County Board of Appeals; or

(vi) the Prince George’s County Board of Appeals.

(d) A commissioner may not solicit or accept any gift, favor, loan, service, promise, employment, or thing that might influence or tend to influence the proper performance of the commissioner’s duty.

(e) A commissioner may not:

(1) disclose confidential information concerning the property, management, or affairs of:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission; or

(2) use any information described in item (1) of this subsection to advance the financial or other private interests of the commissioner or other persons.

(f) A commissioner may not attempt to influence for a purpose contrary to this section any other county or State official in the conduct of the other official’s duties.

(g) (1) If a commissioner has any interest described in this section that is or reasonably may be incompatible with or in conflict with any of the commissioner’s official duties or acts, the commissioner:

(i) shall disclose the interest in a regular public meeting of the Commission or the county planning boards; and

(ii) is disqualified and may not participate in the decision or act affected by the interest.

(2) A disclosure made under paragraph (1) of this subsection shall appear in the minutes of the meeting.

(h) A commissioner who violates any provision of subsections (b) through (f) of this section is guilty of a misdemeanor and on conviction is subject to:

(1) imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both;

(2) suspension from the Commission or employment not exceeding 6 months;

(3) forfeiture and removal from office; or

(4) any combination of the penalties described in items (1) through (3) of this subsection.
Md. Code, Transportation § 15-409 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-409
§15–409.
Status: in_force

(a) Each license shall state the name of the licensed dealer by whom the licensee is employed, as specified in the application for the license.

(b) A licensed vehicle salesman may not act as a vehicle salesman for any person other than the licensed dealer named in the salesman’s license.

(c) A licensed vehicle salesman may act as a vehicle salesman for any dealership that is at least 60 percent owned by the licensed dealer named in the salesman’s license.
Md. Code, Insurance § 15-203 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

Other than a policy of accident only insurance, each policy of health insurance in which the insurer reserves the right to refuse renewal on an individual basis shall contain a provision, endorsement, or rider that provides in substance:

(1) that, subject to the right to terminate the policy on nonpayment of premium when due, the right to refuse renewal may not be exercised so as to take effect before the renewal date occurring on, or after and nearest, each anniversary of the policy;

(2) that a refusal to renew shall be without prejudice to any claim that originates while the policy is in effect;

(3) that a renewal may not be refused solely because of a change in the health or physical or mental condition of the insured; and

(4) unless omitted at the insurer’s option, that the right to refuse renewal of a policy of health insurance that was reinstated after lapse may not be exercised so as to take effect before the renewal date occurring on, or after and nearest, each anniversary of the last reinstatement.
Md. Code, Alcoholic Beverages and Cannabis § 15-1502 — MD Code / Article gab / Title 15 / Subtitle 15 / Section 15-1502
§15–1502.
Status: in_force

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:

(1) the licenses are Class D beer or Class D beer and wine licenses; and

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
Md. Code, Land Use § 15-506 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-506
§15–506.
Status: in_force

(a) The Commission shall include in the Commission’s annual operating budget proposal the amounts recommended by the Audit Committee for the Office.

(b) Subject to budget authorization and adequate funds:

(1) the Commission’s general counsel shall provide legal services to the Inspector General and may employ special counsel if appropriate or required by law; and

(2) the Inspector General may employ and be represented by a special legal counsel without consent of the general counsel if the Audit Committee approves of a request after considering any recommendation or comment offered by the general counsel relating to the request.
Md. Code, Insurance § 15-1220 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1220
§15–1220.
Status: in_force

(a) The Pool shall manage and invest all money collected by or on behalf of the Pool through premium charges, assessments, earnings from investments, or otherwise, through a financial management committee composed of the Executive Director and two members of the Board.

(b) All operating expenses of the Pool shall be paid from funds collected by or on behalf of the Pool.

(c) The account of the Pool is a special fund account and the money in the account is not part of the General Fund of the State.

(d) The State may not provide General Fund appropriations to the Pool and the obligations of the Pool are not a debt of the State or a pledge of the credit of the State.

(e) All debts, claims, obligations, and liabilities of the Pool, whenever incurred, shall be the debts, claims, obligations, and liabilities of the Pool only and not of the State or the State’s agencies, instrumentalities, officers, or employees.

(f) The Pool is exempt from:

(1) taxation by the State and local government;

(2) the general procurement law provisions of Division II of the State Finance and Procurement Article; and

(3) Division I of the State Personnel and Pensions Article.
Md. Code, Business Occupations and Professions § 15-402 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) Except as provided in subsection (b) of this section, a corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which land surveying or property line surveying is practiced.

(b) A corporation, partnership, or limited liability company may provide land surveying or property line surveying services for itself or for an affiliated corporation, partnership, or limited liability company without a permit issued by the Board.
Md. Code, Health Occupations § 15-502 — MD Code / Article gho / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2030.
Md. Code, Insurance § 15-204 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) If a policy of health insurance establishes, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and the date falls within a period for which the insurer accepts a premium for the policy, or if the insurer accepts a premium for the policy after that date, the coverage provided by the policy continues in effect until the end of the period for which the insurer has accepted the premium.

(b) If the age of the insured is misstated and, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased before the acceptance of a premium for the policy, the liability of the insurer is limited to the refund, on request, of the premiums paid for the period not covered by the policy.
Md. Code, Environment § 15-814 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-814
§15–814.
Status: in_force

(a) Except as provided in subsection (b) of this section, a surface mining permit shall be granted for such period as requested and deemed reasonable, but not exceeding 25 years. If the mining operation has been completed and the reclamation required under the approved mining and reclamation plan is completed prior to the expiration of the permit, the permit may terminate. Termination of a permit does not relieve the permittee of any obligations which he has incurred under his approved mining and reclamation plan or otherwise. If the permittee wishes to continue operation of his preparation plant, his permit may remain valid but shall be modified.

(b) A permit shall be void if surface mining has not commenced within two years of its issuance.
Md. Code, Insurance § 15-1303 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1303
§15–1303.
Status: in_force

(a) In addition to any other requirements under this article, a carrier that offers individual health benefit plans in the State shall:

(1) have demonstrated the capacity to administer the individual health benefit plans, including adequate numbers and types of administrative staff;

(2) have a satisfactory grievance procedure and ability to respond to calls, questions, and complaints from enrollees or insureds; and

(3) design policies to help ensure that enrollees or insureds have adequate access to providers of health care.

(b) (1) Except as provided in this subsection and § 31–110(f) of this article, a carrier may not offer individual health benefit plans in the State unless the carrier also offers qualified health plans, as defined in § 31–101 of this article, in the Individual Exchange of the Maryland Health Benefit Exchange in compliance with the requirements of Title 31 of this article.

(2) A carrier is exempt from the requirement in paragraph (1) of this subsection if:

(i) 1. the reported total aggregate annual earned premium from all individual health benefit plans in the State for the carrier and any other carriers in the same insurance holding company system, as defined in § 7–101 of this article, is less than $10,000,000; or

2. the only individual health benefit plans that the carrier offers in the State are student health plans as defined in 45 C.F.R. § 147.145;

(ii) the Commissioner determines that the carrier complies with the procedures established under paragraph (3) of this subsection; and

(iii) when the carrier ceases to meet the requirements for the exemption, the carrier provides to the Commissioner immediate notice and its plan for complying with the requirement in paragraph (1) of this subsection.

(3) The Commissioner shall establish procedures for a carrier to submit evidence each year that the carrier meets the requirements necessary to qualify for an exemption under paragraph (2) of this subsection.

(4) Notwithstanding the exemption provided in paragraph (2) of this subsection, any carrier that offers a catastrophic plan, as defined by the Affordable Care Act, in the State also must offer at least one catastrophic plan in the Maryland Health Benefit Exchange.

(5) Notwithstanding the exemption provided in paragraph (2) of this subsection, the Commissioner, in consultation with the Maryland Health Benefit Exchange:

(i) may assess the impact of the exemption provided in paragraph (2) of this subsection and, based on that assessment, alter the limit on the amount of annual premiums that may not be exceeded to qualify for the exemption; and

(ii) shall make any change in the exemption requirement by regulation.
Md. Code, Environment § 15-834 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-834
§15–834.
Status: in_force

(a) (1) The provisions of this subtitle do not apply to activities of the State Highway Administration, any county roads department in the State, any legally constituted public governing entities such as municipal corporations, or to activities of any person acting under contract with any of these public agencies or entities, on highway rights-of-way or borrow pits owned, operated, or maintained solely in connection with the construction, repair, and maintenance of the public roads systems of the State or other public facilities.

(2) This exemption does not become effective until the public agencies or entities have adopted reclamation standards applying to the activities and the standards are approved by the Department.

(b) The provisions of this subtitle do not apply to mining on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land.

(c) Any or all of the provisions of this subtitle do not apply in any county if the Secretary determines that the county laws are as restrictive as the provisions of this subtitle with respect to regulating surface mining, reclamation and revegetation procedures, abandoned areas, and bonding requirements.
Md. Code, Education § 15-118 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-118
§15–118.
Status: in_force

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

(2) (i) “Debt” means any money, obligation, claim, or sum due or owed by a student to an institution of higher education.

(ii) “Debt” includes:

1. Credit extended by or on behalf of the institution that a student is obligated to repay; and

2. A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:

A. An institution of higher education; or

B. A private educational lender that is affiliated with an institution of higher education.

(iii) “Debt” does not include the fee, if any, charged to a student for the actual costs of providing a transcript.

(3) “Student” includes current students and former students of an institution of higher education.

(b) An institution of higher education may not:

(1) Refuse to provide a transcript to a student because the student owes a debt;

(2) Condition the issuance of a transcript on the payment of a debt;

(3) Charge a higher fee for obtaining a transcript because a student owes a debt;

(4) Provide less favorable treatment of a transcript request because a student owes a debt; or

(5) Use transcript issuance as a tool for debt collection.
Md. Code, Insurance § 15-10C-03 — MD Code / Article gin / Title 15 / Subtitle 10C / Section 15-10C-03
§15–10C–03.
Status: in_force

(a) To be certified as a medical director under this subtitle, an applicant shall:

(1) submit an application to the Commissioner on the form required by the Commissioner; and

(2) pay to the Commissioner an application fee of no more than $100 established by the Commissioner by regulation.

(b) The application shall include:

(1) a description of the applicant’s professional qualifications, including medical education information and, if appropriate, board certifications and licensure status;

(2) the utilization management procedures and policies to be used by the health maintenance organization; and

(3) certification by the medical director that the utilization management procedures and policies are:

(i) objective;

(ii) clinically valid;

(iii) compatible with established principles of health care; and

(iv) flexible enough to allow deviations from the norms when justified on a case by case basis.

(c) The delegation by a medical director of any of the medical director’s responsibilities under this subtitle to an associate medical director or an assistant medical director does not prevent the medical director, regardless of the delegation, from being held responsible for any violation of this subtitle.
Md. Code, Health - General § 15-102.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.1
§15–102.
Status: in_force

§15–102.1.

(a) The General Assembly finds that it is a goal of this State to promote the development of a health care system that provides adequate and appropriate health care services to indigent and medically indigent individuals.

(b) The Department shall, to the extent permitted, subject to the limitations of the State budget:

(1) Provide a comprehensive system of quality health care services with an emphasis on prevention, education, individualized care, and appropriate case management;

(2) Develop a prenatal care program for Program recipients and encourage its utilization;

(3) Allocate State resources for the Program to provide a balanced system of health care services to the population served by the Program;

(4) Seek to coordinate the Program activities with other State programs and initiatives that are necessary to address the health care needs of the population served by the Program;

(5) Promote Program policies that facilitate access to and continuity of care by encouraging:

(i) Provider availability throughout the State;

(ii) Consumer education;

(iii) The development of ongoing relationships between Program recipients and primary health care providers; and

(iv) The regular review of the Program’s regulations to determine whether the administrative requirements of those regulations are unnecessarily burdensome on Program providers;

(6) Ensure access to and the continuity of services provided by family planning providers that were family planning providers in the Program as of December 31, 2024, and were discontinued as recipients of federal funding under federal law or regulation because of the scope of services offered by the provider or the scope of services for which the provider offered referrals, by:

(i) Reimbursing for the Program services provided; and

(ii) Establishing Program requirements for the family planning providers that:

1. Are similar to the requirements for other providers of the same services;

2. Do not prohibit a provider from offering a service if the service is within the scope of practice of the provider as established under the Health Occupations Article; and

3. Do not limit the scope of services for which a provider may offer referrals;

(7) Strongly urge health care providers to participate in the Program and thereby address the needs of Program recipients;

(8) Require health care providers who participate in the Program to provide access to Program recipients on a nondiscriminatory basis in accordance with State and federal law;

(9) Seek to provide appropriate levels of reimbursement for providers to encourage greater participation by providers in the Program;

(10) Promote individual responsibility for maintaining good health habits;

(11) Encourage the Program and Maryland’s health care regulatory system to work to cooperatively promote the development of an appropriate mix of health care providers, limit cost increases for the delivery of health care to Program recipients, and ensure the delivery of quality health care to Program recipients;

(12) Encourage the development and utilization of cost–effective and preventive alternatives to the delivery of health care services to appropriate Program recipients in inpatient institutional settings;

(13) Encourage the appropriate executive agencies to coordinate the eligibility determination, policy, operations, and compliance components of the Program;

(14) Work with representatives of inpatient institutions, third party payors, and the appropriate State agencies to contain Program costs;

(15) Identify and seek to develop an optimal mix of State, federal, and privately financed health care services for Program recipients, within available resources through cooperative interagency efforts;

(16) Develop joint Legislative and Executive Branch strategies to persuade the federal government to reconsider those policies that discourage the delivery of cost–effective health care services to Program recipients;

(17) Evaluate departmental recommendations as to those persons whose financial need or health care needs are most acute;

(18) Establish mechanisms for aggressively pursuing recoveries against third parties permitted under current law and exploring additional methods for seeking to recover other money expended by the Program;

(19) Take appropriate measures to assure the quality of health care services provided by managed care organizations; and

(20) Develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each Program enrollee or potential Program enrollee when providing information about the Program.

(c) (1) The Department shall collaborate with the Office of the Comptroller or the Office of the State Treasurer to:

(i) Form a one–sentence statement advising that individuals who cannot afford health insurance may be eligible to enroll in a medical assistance program; and

(ii) Print the statement formed under item (i) of this paragraph:

1. On each State–issued tax refund check stub;

2. Once each pay quarter, on each State–issued employee paycheck stub; and

3. On each State–issued child support payment check stub.

(2) The statement shall include a telephone number or other contact information that an individual may use to receive more information on eligibility for medical assistance programs.

(3) The statement may be altered by the Department in collaboration with the Office of the Comptroller or the Office of the State Treasurer to:

(i) Provide the most current information;

(ii) Fit within the space constraints of the different types of checks listed in paragraph (1)(ii) of this subsection; or

(iii) Combine it with the statement required under § 15–304(c) of this title, if appropriate.
Md. Code, Insurance § 15-10B-12 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-12
§15–10B–12.
Status: in_force

(a) (1) A person who violates any provision of § 15-10B-11 of this subtitle is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000.

(2) Each day a violation is continued after the first conviction is a separate offense.

(b) In addition to the provisions of subsection (a) of this section, if any person violates any provision of § 15-10B-11 of this subtitle, the Commissioner may:

(1) deny, suspend, or revoke the certificate to do business as a private review agent;

(2) issue an order to cease and desist from acting as a private review agent without holding a certificate issued under this subtitle;

(3) require a private review agent to make restitution to a patient who has suffered actual economic damage because of the violation; and

(4) impose an administrative penalty of up to $5,000 for each violation of any provision of this subtitle.
Md. Code, Estates and Trusts § 15-512 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-512
§15–512.
Status: in_force

(a) To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease.

(b) An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee’s contractual obligations have been satisfied with respect to that amount.
Md. Code, Land Use § 15-504 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-504
§15–504.
Status: in_force

(a) The Office shall:

(1) assist the Commission by providing independent evaluation and recommendations regarding opportunities to:

(i) preserve the Commission’s reputation; and

(ii) improve the effectiveness, productivity, or efficiency of Commission programs, policies, practices, and operations;

(2) ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of Commission property or funds;

(3) examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and

(4) report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct.

(b) In developing recommendations, the Office may:

(1) conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;

(2) provide management advisories; and

(3) utilize the assistance from any other government agency or private party to complete a project initiated by the Office.

(c) When applicable, the Inspector General shall comply with generally accepted government auditing standards.

(d) (1) Except as provided in paragraph (2) of this subsection, the Inspector General shall submit written reports to the Audit Committee and to the Commission for publication on the Commission’s Web site.

(2) The Inspector General:

(i) may not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;

(ii) may provide an oral report if appropriate under generally accepted government auditing standards; and

(iii) shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.

(3) The Commission shall publish with any report submitted by the Inspector General any official written comments or responses offered by the Commission’s management.

(4) The Inspector General shall also submit to the Commission for publication on the Commission’s Web site periodic reports that summarize the activities, findings, recommendations, and accomplishments of the Office.

(e) If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Inspector General shall report the allegation to:

(1) an appropriate law enforcement agency;

(2) the State Ethics Commission; or

(3) any other agency with jurisdiction to enforce the law.
Md. Code, Alcoholic Beverages and Cannabis § 15-101 — MD Code / Article gab / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Caroline County.

(c) “County” means Caroline County.
Md. Code, Estates and Trusts § 15-408 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-408
§15–408.
Status: in_force

This subtitle modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
Md. Code, Education § 15-130 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-130
§15–130.
Status: in_force

(a) In this section, “athletic program” means any intercollegiate athletic program at a public institution of higher education in the State.

(b) The General Assembly finds and declares that:

(1) Meeting the educational needs of student athletes should be the priority for intercollegiate athletic programs in the State; and

(2) Providing adequate health and safety protections for student athletes can help prevent serious injury and death.

(c) An athletic program shall adopt and implement:

(1) Guidelines to prevent, assess, and treat serious sports–related conditions, including:

(i) Brain injury;

(ii) Heat illness; and

(iii) Rhabdomyolysis;

(2) Exercise and supervision guidelines for any student athlete who participates in an athletic program and is identified with potential life–threatening health conditions, including:

(i) Sickle cell trait; and

(ii) Asthma; and

(3) Return–to–play protocols for athletes who experience injury or illness during practice or play.

(d) (1) On or before October 1, 2021, and each October 1 thereafter, the University System of Maryland Intercollegiate Athletics Workgroup shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on student athletes in the University System of Maryland, including any student athlete policy changes at each institution related to the health and safety of student athletes.

(2) On or before October 1, 2021, and each October 1 thereafter, Morgan State University and St. Mary’s College of Maryland shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on student athletes at each institution, including any student athlete policy changes at each institution related to the health and safety of student athletes.
Md. Code, Business Occupations and Professions § 15-305 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) In addition to the other qualifications for a license to practice land surveying, an applicant shall qualify under this section by meeting the educational, experience, and examination requirements set forth in subsection (b), (c), (d), (e), or (f) of this section.

(b) An applicant qualifies under this section if the applicant:

(1) has graduated on completion of at least a 4–year curriculum in land surveying that the Board approves from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;

(2) has at least 2 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and

(3) has passed the following examinations:

(i) fundamentals of surveying;

(ii) the principles and practice of surveying; and

(iii) unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(c) (1) An applicant qualifies under this section if the applicant:

(i) has graduated on completion of at least a 4–year curriculum in physical sciences or applied sciences from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;

(ii) subject to paragraph (2) of this subsection, has at least 4 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and

(iii) has passed the following examinations:

1. fundamentals of surveying;

2. the principles and practice of surveying; and

3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(2) For each 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(ii) of this subsection for a maximum of 3 years.

(d) (1) An applicant qualifies under this section if the applicant:

(i) has graduated on completion of at least a 4–year curriculum from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;

(ii) has a minimum of 30 credit hours of land surveying–related courses that the Board approves;

(iii) subject to paragraph (2) of this subsection, has at least 4 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and

(iv) has passed the following examinations:

1. fundamentals of surveying;

2. the principles and practice of surveying; and

3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(2) For each additional 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.

(e) (1) An applicant qualifies under this section if the applicant:

(i) is a high school graduate or the equivalent;

(ii) has a minimum of 30 credit hours of land surveying–related courses that the Board approves;

(iii) subject to paragraph (2) of this subsection, has at least 6 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and

(iv) has passed the following examinations:

1. fundamentals of surveying;

2. the principles and practice of surveying; and

3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(2) For each additional 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.

(f) (1) An applicant qualifies under this section if the applicant:

(i) applies for a license on or before December 31, 2025;

(ii) is a high school graduate or the equivalent;

(iii) subject to paragraph (2) of this subsection, has at least 9 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and

(iv) has passed the following examinations:

1. fundamentals of surveying;

2. the principles and practice of surveying; and

3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(2) For each 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.
Md. Code, Business Occupations and Professions § 15-313 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-313
§15–313.
Status: in_force

(a) While a license to practice land surveying is in effect, it authorizes the licensee to practice land surveying.

(b) While a license to practice property line surveying is in effect, it authorizes the licensee to practice property line surveying.
Md. Code, State Finance and Procurement § 15-209 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) Each member of the Appeals Board shall devote full time to the duties of office.

(b) Each member of the Appeals Board is entitled to:

(1) compensation in accordance with the State budget; and

(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) (1) Subject to paragraphs (2) and (3) of this subsection, the Appeals Board may employ a staff in accordance with the State budget.

(2) The Appeals Board shall have at least three more positions than the number of positions authorized in fiscal year 2022.

(3) (i) Subject to subparagraph (ii) of this paragraph, the Appeals Board shall employ at least three law clerks.

(ii) The Appeals Board shall employ:

1. at least one law clerk who is a graduate of the University of Maryland School of Law;

2. at least one law clerk who is a graduate of the University of Baltimore School of Law; and

3. at least one law clerk who is a graduate of Howard University School of Law.
Md. Code, Insurance § 15-10B-05 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-05
§15–10B–05.
Status: in_force

(a) In conjunction with the application, the private review agent shall submit information that the Commissioner requires including:

(1) a utilization review plan that includes:

(i) the specific criteria and standards to be used in conducting utilization review of proposed or delivered health care services;

(ii) those circumstances, if any, under which utilization review may be delegated to a hospital utilization review program; and

(iii) if applicable, any provisions by which patients or physicians, hospitals, or other health care providers may seek reconsideration;

(2) the type and qualifications of the personnel either employed or under contract to perform the utilization review;

(3) a copy of the private review agent’s internal grievance process if a carrier delegates its internal grievance process to the private review agent in accordance with § 15–10A–02(l) of this title;

(4) the procedures and policies to ensure that a representative of the private review agent is reasonably accessible to patients and health care providers 7 days a week, 24 hours a day in this State including having a direct telephone number and monitored e–mail address as required in subsection (e) of this section;

(5) if applicable, the procedures and policies to ensure that a representative of the private review agent is accessible to health care providers to make all determinations on whether to authorize or certify an emergency inpatient admission, or an admission for residential crisis services as defined in § 15–840 of this title, for the treatment of a mental, emotional, or substance abuse disorder within 2 hours after receipt of the information necessary to make the determination;

(6) the policies and procedures to ensure that all applicable State and federal laws to protect the confidentiality of individual medical records are followed;

(7) a copy of the materials designed to inform applicable patients and providers of the requirements of the utilization review plan;

(8) a list of the third party payors for which the private review agent is performing utilization review in this State;

(9) the policies and procedures to ensure that the private review agent has a formal program for the orientation and training of the personnel either employed or under contract to perform the utilization review;

(10) a list of the persons involved in establishing the specific criteria and standards to be used in conducting utilization review, including each person’s board certification or practice specialty, licensure category, and title within the person’s organization; and

(11) certification by the private review agent that the criteria and standards to be used in conducting utilization review are generally recognized by health care providers practicing in the relevant clinical specialties and are:

(i) objective;

(ii) clinically valid;

(iii) reflected in published peer–reviewed scientific studies and medical literature;

(iv) developed by:

1. a nonprofit health care provider professional medical or clinical specialty society, including through the use of patient placement criteria and clinical practice guidelines; or

2. for criteria not within the scope of a nonprofit health care provider professional medical or clinical specialty society, an organization that works directly with health care providers in the same specialty for the designated criteria who are employed or engaged within the organization or outside the organization to develop the clinical criteria, if the organization:

A. does not receive direct payments based on the outcome of the utilization review; and

B. demonstrates that its clinical criteria are consistent with criteria and standards generally recognized by health care providers practicing in the relevant clinical specialties;

(v) recommended by federal agencies;

(vi) approved by the federal Food and Drug Administration as part of drug labeling;

(vii) taking into account the needs of atypical patient populations and diagnoses, including the unique needs of children and adolescents;

(viii) sufficiently flexible to allow deviations from norms when justified on a case–by–case basis, including the need to use an off–label prescription drug;

(ix) ensuring quality of care of health care services;

(x) reviewed, evaluated, and updated at least annually and as necessary to reflect any changes; and

(xi) in compliance with any other criteria and standards required for coverage under this title, including compliance with § 15–802(d) of this title for the treatment of substance use disorders.

(b) The private review agent shall:

(1) post on the member’s and provider’s pages of its website or the carrier’s website the specific criteria and standards to be used in conducting utilization review of proposed or delivered services and any subsequent revisions, modifications, or additions to the specific criteria and standards to be used in conducting utilization review of proposed or delivered services; and

(2) on the request of a person, including a health care facility, provide a copy of the information specified under item (1) of this subsection to the person making the request.

(c) The private review agent may charge a reasonable fee for a hard copy of the specific criteria and standards or any subsequent revisions, modifications, or additions to the specific criteria to any person or health care facility requesting a copy under subsection (b)(2) of this section.

(d) A private review agent shall advise the Commissioner, in writing, of a change in:

(1) ownership, medical director, or chief executive officer within 30 days of the date of the change;

(2) the name, address, or telephone number of the private review agent within 30 days of the date of the change; or

(3) the private review agent’s scope of responsibility under a contract.

(e) (1) A private review agent shall:

(i) have available the following dedicated to utilization review:

1. a direct telephone number that is not the general customer call number; and

2. a monitored e–mail address; and

(ii) except where a shorter time period is otherwise required under this title, respond to voicemails or e–mails within 2 business days after receipt of the voicemail or e–mail.

(2) The telephone number and e–mail address shall be prominently displayed on the notices required under § 15–10A–02(f) and (i) of this title.