Md. Code, Health - General § 19-713.1 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-713.1
§19–713.
Status: in_force

§19–713.1.

(a) A contract between a health maintenance organization and its subscribers or a group of subscribers may contain nonduplication provisions or provisions to coordinate the coverage with subscriber contracts of other health maintenance organizations, health insurance policies, including those of nonprofit health service plans, and with other established programs under which the subscriber or member may make a claim.

(b) Notwithstanding the provisions of subsection (a) of this section, a contract between a health maintenance organization and its subscribers or a group of subscribers may not contain nonduplication provisions or provisions to coordinate coverage with any individually underwritten and issued, guaranteed renewable, specified disease policy, as defined in § 15-109 of the Insurance Article, or intensive care policy, which does not provide benefits on an expense incurred basis.

(c) For purposes of this section, “intensive care policy” means a health insurance policy that provides benefits only when treatment is received in that specifically designated facility of a hospital that provides the highest level of care and which is restricted to those patients who are physically, critically ill or injured.

(d) Notwithstanding § 19-701(g)(3) of this subtitle, a contract between a health maintenance organization and its subscribers or a group of subscribers may contain a provision allowing the health maintenance organization to be subrogated to a cause of action that a subscriber has against another person:

(1) To the extent that any actual payments made by the health maintenance organization result from the occurrence that gave rise to the cause of action; or

(2) For a nonprofit health maintenance organization that exclusively contracts with a group of physicians to provide or to arrange for the provision of health care services for its enrollees, for any service provided by the health maintenance organization as a result of the occurrence that gave rise to the cause of action, per the fee schedule established by the nonprofit health maintenance organization.

(e) (1) Subsection (d) of this section does not allow a contract between a health maintenance organization and its subscribers or a group of subscribers to contain a provision allowing the health maintenance organization to recover any payments made to a subscriber under the personal injury protection coverage of a motor vehicle liability insurance policy.

(2) A contract between a health maintenance organization and its subscribers or a group of subscribers may not contain a provision that requires personal injury protection benefits under a motor vehicle liability insurance policy to be paid before benefits under the contract.

(f) Subsection (d) of this section does not allow a health maintenance organization to recover medical expenses from a subscriber under a subrogation provision unless the subscriber recovers for medical expenses in a cause of action.
Md. Code, Health - General § 19-1909 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1909
§19–1909.
Status: in_force

(a) An eligible employee who fails to disclose a conviction or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 19-1905 of this subtitle shall be guilty of perjury and on conviction is subject to the penalty provided by law.

(b) Unless otherwise provided, an eligible employee who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Health - General § 19-911 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-911
§19–911.
Status: in_force

(a) The Secretary shall deny a license to any applicant or revoke a license if the applicant or licensee has been convicted of a felony that relates to Medicaid or to a nursing home.

(b) The Secretary may deny a license to an applicant or revoke a license if the applicant or licensee does not meet the requirements of this subtitle or any rule or regulation that the Secretary adopts under this subtitle.

(c) (1) In addition to the provisions of subsections (a) and (b) of this section, the Secretary may, for a violation of any provision of this subtitle or any regulation adopted under this subtitle, impose an administrative penalty of up to:

(i) $500 for a first violation; and

(ii) $1,000 for a subsequent, repeated violation.

(2) The Secretary shall adopt regulations to provide standards for the imposition of an administrative penalty under paragraph (1) of this subsection.
Md. Code, Health Occupations § 19-306 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-306
§19–306.
Status: in_force

(a) The Board shall maintain on its website a roster of all licensees who meet the requirements of this title.

(b) The Board shall include on each electronic license record:

(1) The category of license;

(2) The full name of the licensee;

(3) If the licensee is a licensed bachelor social worker or a licensed master social worker, whether the licensee is approved to engage in independent practice;

(4) A license number;

(5) The license status;

(6) The expiration date;

(7) The original date of issuance; and

(8) If applicable, disciplinary history.
Md. Code, Health - General § 19-117 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-117
§19–117.
Status: in_force

(a) In accordance with criteria that the Commission sets, the Governor shall designate health service areas in this State.

(b) After a 1-year period, the Governor may review or revise the boundaries of a health service area or increase the number of health service areas, on the Governor’s initiative, at the request of the Commission, at the request of a local government, or at the request of a local health planning agency. Revisions to boundaries of health service areas shall be done in accordance with the criteria established by the Commission and with the approval of the legislature.

(c) Within 45 days of receipt of the State health plan or a change in the State health plan, the plan becomes effective unless the Governor notifies the Commission of the Governor’s intent to modify or revise the State health plan adopted by the Commission.
Md. Code, Health - General § 19-1408.1 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1408.1
§19–1408.
Status: in_force

§19–1408.1.

(a) The Department shall develop a clear and easy–to–understand graphic data dashboard that includes:

(1) The number of staff hired by the agency in each unit in the fiscal year to date;

(2) The number of surveyors employed by the agency in each unit in the fiscal year to date; and

(3) The number of vacancies within the agency in each unit in the fiscal year to date.

(b) The Department shall:

(1) Update the data dashboard developed under subsection (a) of this section at least every 2 weeks; and

(2) Post the most recent updated data dashboard prominently on its website.
Md. Code, Local Government § 19-901 — MD Code / Article glg / Title 19 / Subtitle 9 / Section 19-901
§19–901.
Status: in_force

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

(b) (1) “Bond” means an obligation for the payment of money, by whatever name known or source of funds secured, issued by a governmental entity under general or special statutory authority.

(2) “Bond” includes:

(i) a bond;

(ii) a certificate of indebtedness;

(iii) an interim certificate; and

(iv) a note.

(c) “Pension liability funding bond” means a bond authorized to be issued under this subtitle.
Md. Code, Business Occupations and Professions § 19-408 — MD Code / Article gbo / Title 19 / Subtitle 4 / Section 19-408
§19–408.
Status: in_force

(a) Subject to the hearing provisions of § 19–410 of this subtitle, the Secretary may deny certification as a security guard to any applicant, reprimand or fine any individual certified as a security guard, or suspend, revoke, or refuse to renew the certification of an individual:

(1) for any applicable ground under § 19–313 of this title;

(2) if the applicant or individual fraudulently or deceptively obtains or attempts to obtain certification as a security guard for the applicant or individual or for another;

(3) if the applicant or individual fails to maintain the standards set by the Secretary for certification as a security guard; or

(4) if, under the laws of the United States or of any state, the applicant or individual pleads guilty or nolo contendere to or is convicted of:

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or individual to be certified as a security guard.

(b) Subject to the hearing provisions of § 19–410 of this subtitle, the Secretary shall deny, revoke, or refuse to renew the certification of a security guard who:

(1) has been convicted of:

(i) a disqualifying crime under § 5–101 of the Public Safety Article; or

(ii) a crime of violence under § 14–101 of the Criminal Law Article;

(2) has had any formal findings by a court, hearing board, the Secretary, or other governmental entity of:

(i) unlawful or excessive use of force; or

(ii) making a false statement during the security guard’s employment as a police officer with a law enforcement agency; or

(3) has not satisfactorily completed the required continuing security training under § 19–404.1 of this subtitle.

(c) (1) A licensed security guard agency or security guard employer shall notify the Secretary within 48 hours if it knows that an individual who provides security guard services on its behalf or for it has been arrested for a crime of violence under § 14–101 of the Criminal Law Article or a disqualifying crime under § 5–101 of the Public Safety Article.

(2) Subject to § 10–226(c)(2) of the State Government Article, the Secretary may impose an emergency suspension of the certification of a security guard who has been arrested for an offense under paragraph (1) of this subsection.
Md. Code, Health - General § 19-3B-08 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-08
§19–3B–08.
Status: in_force

(a) (1) The Secretary may deny a license to any applicant, or suspend, restrict, or revoke a license if the applicant has been convicted of:

(i) A felony that relates to Medicaid; or

(ii) A crime involving moral turpitude.

(2) The Secretary may deny a license to any applicant or may restrict, suspend, or revoke any license if the applicant does not meet the requirements of this subtitle or any regulation that the Secretary adopts under this subtitle.

(b) (1) Before denying, suspending, restricting, or revoking a license or a provisional license under this section, the Secretary shall provide the applicant an opportunity for a hearing.

(2) The Secretary shall send a hearing notice to any applicant by certified mail, return receipt requested, at least 30 days before the hearing.
Md. Code, Insurance § 19-215 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-215
§19–215.
Status: in_force

(a) An insurer that issues a policy of homeowner’s insurance in the State that contains an anti–concurrent causation (ACC) clause shall provide a policyholder each year with a notice that:

(1) is clear and specific;

(2) describes the ACC clause;

(3) informs the insured to read the policy for complete information on the exclusions; and

(4) states that the insured should communicate with the insurance producer or the insurer for additional information regarding the scope of the exclusions.

(b) The notice under subsection (a) of this section:

(1) is not part of the policy or contract of insurance; and

(2) does not create a private right of action.

(c) A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.

(d) The Commissioner may adopt regulations to implement this section.
Md. Code, State Finance and Procurement § 19-115 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-115
§19–115.
Status: in_force

All requests for bids or proposals issued for State contracts shall include the following certification to be completed by the bidder:

“The undersigned bidder hereby certifies and agrees that the following information is correct:

In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19–103 of the State Finance and Procurement Article of the Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, “discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation for bids on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder shall provide to the State a list of all instances within the immediate past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a bid or proposal to the State, the bidder agrees to comply with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.”.
Md. Code, Health - General § 19-349 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-349
§19–349.
Status: in_force

At least 45 days before a related institution increases any fee or charge for a service of the related institution, the related institution shall give each resident or the authorized representative of the resident written notice of the amount of the increase.
Md. Code, Health - General § 19-1413.1 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1413.1
§19–1413.
Status: in_force

§19–1413.1.

(a) A nursing home that violates § 19-1413(2) of this subtitle is subject to a civil money penalty not exceeding expenses incurred by the Office of Health Care Quality in ensuring a smooth and orderly transition of residents, including payroll expenses.

(b) If a civil money penalty is imposed on a nursing home under subsection (a) of this section, the nursing home is subject to § 19-1406 of this subtitle.
Md. Code, Transportation § 19-101 — MD Code / Article gtr / Title 19 / Subtitle 1 / Section 19-101
§19–101.
Status: in_force

(a) If any police officer of this State or any political subdivision of this State, while otherwise acting within the scope of his authority in enforcing any law, directs the driver of any motor vehicle, other than a police vehicle, to assist him in enforcing that law or in apprehending any person suspected of violating or known to have violated that law, this State or the political subdivision, as the case may be, is liable for the damages or injuries proximately caused by the negligence of the police officer.

(b) This State or a political subdivision of this State may use the defense of contributory negligence and assert the doctrine of last clear chance in an action brought or defense raised under this section.
Md. Code, Health - General § 19-116 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-116
§19–116.
Status: in_force

(a) (1) The Secretary shall provide for a study of systems capacity in health services.

(2) The study shall:

(i) Determine for all health delivery facilities and settings where capacity should be increased or decreased to better meet the needs of the population;

(ii) Examine and describe the implementation methods and tools by which capacity should be altered to better meet the needs; and

(iii) Assess the impact of those methods and tools on the communities and health care delivery system.

(b) (1) In addition to information that an applicant for a certificate of need must provide, the Commission may request, collect, and report any statistical or other information that:

(i) Is needed by the Commission to perform its duties described in this Part II of this subtitle; and

(ii) Is described in regulations of the Commission.

(2) If a health care facility fails to provide information as required in this subsection, the Commission may:

(i) Impose a penalty of not more than $100 per day for each day the violation continues after consideration of the willfulness and seriousness of the withholding, as well as any past history of withholding of information;

(ii) Issue an administrative order that requires the applicant to provide the information; or

(iii) Apply to the circuit court in the county in which the facility is located for legal relief considered appropriate by the Commission.

(3) The Commission may send to the Department or a local health planning agency any statistical or other information the Commission is authorized to collect under paragraph (1) of this subsection.
Md. Code, Business Regulation § 19-302 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-302
§19–302.
Status: in_force

(a) In this subtitle, requiring or accepting a deposit on a registered returnable container, whether optional, conditional, or otherwise, does not constitute a sale of the container.

(b) (1) The owner of a returnable container or returnable textile may bring a civil action, including an action for injunctive relief, to preserve the rights of the owner, to recover damages, or to recover the returnable container or returnable textile, from a person who unlawfully possesses the returnable container or returnable textile of the owner.

(2) In an action brought under this subsection, the owner of a returnable container or returnable textile may recover up to three times the value of the actual damages, plus reasonable attorney’s fees.

(c) This subtitle does not prohibit a prosecution for theft under § 7–104 of the Criminal Law Article.
Md. Code, Health - General § 19-133 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-133
§19–133.
Status: in_force

(a) In this section, “code” means:

(1) The applicable Current Procedural Terminology (CPT) code as adopted by the American Medical Association; or

(2) If a CPT code is not available, the applicable code under an appropriate uniform coding scheme approved by the Commission.

(b) The Commission shall establish a Maryland medical care data base to compile statewide data on health services rendered by health care practitioners and facilities selected by the Commission.

(c) In addition to any other information the Commission may require by regulation, the medical care data base shall:

(1) Collect for each type of patient encounter with a health care practitioner or facility designated by the Commission:

(i) The demographic characteristics of the patient;

(ii) The principal diagnosis;

(iii) The procedure performed;

(iv) The date and location of where the procedure was performed;

(v) The charge for the procedure;

(vi) If the bill for the procedure was submitted on an assigned or nonassigned basis;

(vii) If applicable, a health care practitioner’s universal identification number; and

(viii) If the health care practitioner rendering the service is a certified registered nurse anesthetist or certified nurse midwife, identification modifiers for the certified registered nurse anesthetist or certified nurse midwife;

(2) Collect appropriate information relating to prescription drugs for each type of patient encounter with a pharmacist designated by the Commission; and

(3) Collect appropriate information relating to health care costs, utilization, or resources from payors and governmental agencies.

(d) (1) The Commission shall adopt regulations governing the access and retrieval of all medical claims data and other information collected and stored in the medical care data base and any claims clearinghouse licensed by the Commission and may set reasonable fees covering the costs of accessing and retrieving the stored data.

(2) These regulations shall ensure that confidential or privileged patient information is kept confidential.

(3) Records or information protected by the privilege between a health care practitioner and a patient, or otherwise required by law to be held confidential, shall be filed in a manner that does not disclose the identity of the person protected.

(e) (1) To the extent practicable, when collecting the data required under subsection (c) of this section, the Commission shall utilize any standardized claim form or electronic transfer system being used by health care practitioners, facilities, and payors.

(2) The Commission shall develop appropriate methods for collecting the data required under subsection (c) of this section on subscribers or enrollees of health maintenance organizations.

(f) Until the provisions of § 19–134 of this subtitle are fully implemented, where appropriate, the Commission may limit the data collection under this section.

(g) (1) By October 1, 1995 and each year thereafter, the Commission shall publish an annual report on those health care services selected by the Commission that:

(i) Describes the variation in fees charged by health care practitioners and facilities on a statewide basis and in each health service area for those health care services; and

(ii) Describes the geographic variation in the utilization of those health care services.

(2) (i) On an annual basis, the Commission shall publish:

1. The total reimbursement for all health care services over a 12–month period;

2. The total reimbursement for each health care specialty over a 12–month period;

3. The total reimbursement for each code over a 12–month period; and

4. The annual rate of change in reimbursement for health services by health care specialties and by code.

(ii) In addition to the information required under subparagraph (i) of this paragraph, the Commission may publish any other information that the Commission deems appropriate, including information on capitated health care services.

(h) In developing the medical care data base, the Commission shall consult with representatives of the Health Services Cost Review Commission, health care practitioners, payors, and hospitals to ensure that the medical care data base is compatible with information collected by the Health Services Cost Review Commission.

(i) The Commission, in consultation with the Insurance Commissioner, payors, health care practitioners, and hospitals, may adopt by regulation standards for the electronic submission of data and submission and transfer of the uniform claims forms established under § 15–1003 of the Insurance Article.
Md. Code, Alcoholic Beverages and Cannabis § 19-2706 — MD Code / Article gab / Title 19 / Subtitle 27 / Section 19-2706
§19–2706.
Status: in_force

(a) A license holder may not allow an individual under the age of 21 years to loiter about the premises for which the license is issued.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
Md. Code, Health - General § 19-118 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-118
§19–118.
Status: in_force

(a) (1) On or before October 1 each year, the Commission shall adopt a State health plan.

(2) The plan shall:

(i) Be consistent with the Maryland All Payer Model Contract;

(ii) Include methodologies, standards, and criteria for certificate of need review; and

(iii) Prioritize conversion of acute capacity to alternative uses where appropriate.

(b) Annually or on petition by any person, the Commission shall:

(1) Assess each State health plan chapter;

(2) Determine the chapter or chapters of the State health plan that should be reviewed and revised;

(3) Establish, at a public meeting, the priority order and timeline of the State health plan chapter review and revision; and

(4) Publish any changes in the State health plan that the Commission considers necessary, subject to the review and approval granted to the Governor under this subtitle.

(c) The Commission shall adopt rules and regulations that ensure broad public input, public hearings, and consideration of local health plans in development of the State health plan.

(d) (1) The Commission shall develop standards and policies consistent with the State health plan that relate to the certificate of need program.

(2) The standards:

(i) Shall address the availability, accessibility, cost, and quality of health care; and

(ii) Are to be reviewed and revised periodically to reflect new developments in health planning, delivery, and technology.

(3) In adopting standards regarding cost, efficiency, cost–effectiveness, or financial feasibility, the Commission shall take into account the relevant methodologies of the Health Services Cost Review Commission.

(e) Annually, the Secretary shall make recommendations to the Commission on the plan. The Secretary may review and comment on State specifications to be used in the development of the State health plan.

(f) All State agencies and departments, directly or indirectly involved with or responsible for any aspect of regulating, funding, or planning for the health care industry or persons involved in it, shall carry out their responsibilities in a manner consistent with the State health plan and available fiscal resources.

(g) In carrying out their responsibilities under this Part II of this subtitle for hospitals, the Commission and the Secretary shall recognize, but may not apply, develop, or duplicate standards or requirements related to quality which have been adopted and enforced by national or State licensing or accrediting authorities.

(h) The Commission shall transfer to the Maryland Department of Health health planning functions and necessary staff resources for licensed entities in the State health plan that are not required to obtain a certificate of need or an exemption from the certificate of need program.
Md. Code, Commercial Law § 19-204 — MD Code / Article gcl / Title 19 / Subtitle 2 / Section 19-204
§19–204.
Status: in_force

(a) This title does not affect a security interest of the supplier in the inventory of the dealer.

(b) Repurchase of inventory under this title is not subject to the bulk transfers provisions of Title 6 of this article.

(c) (1) The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment.

(2) Failure of the supplier to provide a representative within 60 days shall result in automatic acceptance by the supplier of all returned items.
Md. Code, Health - General § 19-3A-05 — MD Code / Article ghg / Title 19 / Subtitle 3A / Section 19-3A-05
§19–3A–05.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

(b) (1) In addition to other penalties available under law, the Department may impose sanctions against a freestanding medical facility that fails to comply with this subtitle or regulations adopted under this subtitle.

(2) The sanctions imposed by the Department under paragraph (1) of this subsection include:

(i) A civil penalty not to exceed $10,000;

(ii) Restrictions on the operation of the freestanding medical facility;

(iii) A directed plan of correction; and

(iv) Suspension or revocation of the freestanding medical facility’s license.

(c) (1) Except as otherwise provided under the Administrative Procedure Act, before the Department may impose sanctions under subsection (b)(2)(i), (ii), or (iv) of this section, the Department shall give the freestanding medical facility notice and the opportunity for a hearing and judicial review under the Administrative Procedure Act, as provided in Title 10, Subtitle 2 of the State Government Article.

(2) Before the Department may impose a directed plan of correction, the Department shall give the freestanding medical facility notice and the opportunity for a prompt informal hearing with the Director of the Office of Health Care Quality.
Md. Code, Health - General § 19-803 — MD Code / Article ghg / Title 19 / Subtitle 8 / Section 19-803
§19–803.
Status: in_force

The Secretary shall establish a network of clinically appropriate services to problem gamblers throughout the State.
Md. Code, Health - General § 19-106 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-106
§19–106.
Status: in_force

(a) With the approval of the Governor, the Commission shall appoint an executive director who shall be the chief administrative officer of the Commission.

(b) The executive director, the deputy directors, and the principal section chiefs serve at the pleasure of the Commission.

(c) (1) The executive director, the deputy directors, and the principal section chiefs shall be executive service or management service employees.

(2) The Commission, in consultation with the Secretary, shall determine the appropriate job classification and, subject to the State budget, the compensation for the executive director, the deputy directors, and the principal section chiefs.

(d) Under the direction of the Commission, the executive director shall perform any duty or function that the Commission requires.
Md. Code, Local Government § 19-212 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-212
§19–212.
Status: in_force

(a) A governmental entity authorized to issue bonds may issue and sell bond anticipation notes if, in the ordinance, resolution, or other form of official action that authorizes the notes, the governmental entity covenants to:

(1) pay from the proceeds of the bonds in anticipation of the sale of which the notes are issued:

(i) the principal of the notes; and

(ii) to the extent that the interest on the notes is not paid from the proceeds of the sale of the notes, the interest on the notes; and

(2) issue the bonds as soon as there is no longer a reason for deferring their issuance.

(b) A governmental entity may issue and sell grant anticipation notes in anticipation of the receipt of a grant from the United States, the State, or any of their units if, in the ordinance, resolution, or other form of official action that authorizes the notes, the governmental entity covenants to pay from the proceeds of the grant in anticipation of the receipt of which the notes are issued:

(1) the principal of the notes; and

(2) the interest on the notes.
Md. Code, Business Regulation § 19-801 — MD Code / Article gbr / Title 19 / Subtitle 8 / Section 19-801
§19–801.
Status: in_force

(a) A mining company formed or organized in the State may not own, operate, hold any interest in, or receive profits from any store.

(b) This section does not prohibit the employees of a mining company from forming a cooperative store.
Md. Code, Health - General § 19-128 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-128
§19–128.
Status: in_force

(a) (1) In this section, “aggrieved party” means:

(i) An interested party who presented written comments on the application to the Commission and who would be adversely affected by the decision of the Commission on the project; or

(ii) The Secretary.

(2) The grounds for appeal by the Secretary shall be that the decision is inconsistent with the State health plan or adopted standards.

(b) (1) A decision of the Commission shall be the final decision for purposes of judicial review.

(2) A request for a reconsideration will stay the final decision of the Commission for purposes of judicial review until a decision is made on the reconsideration.

(c) An aggrieved party may take a direct judicial appeal within 30 days of the final decision of the Commission.

(d) The Commission is a necessary party to an appeal at all levels of the appeal.

(e) In the event of an adverse decision that affects its final decision, the Commission may apply within 30 days by writ of certiorari to the Court of Appeals for review where:

(1) Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by 2 or more judges; or

(2) There are other special circumstances that render it desirable and in the public interest that the decision be reviewed.
Md. Code, Health - General § 19-726 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-726
§19–726.
Status: in_force

(a) (1) A health maintenance organization may not include in its name:

(i) The words “insurer”, “casualty”, “surety”, or “health and accident”; or

(ii) Any other words generally regarded as descriptive of the insurance industry.

(2) This subsection does not apply to an insurer or health service corporation that is licensed and regulated under the laws of this State, except as to its health maintenance organization activities that are authorized and regulated under this subtitle.

(b) Except as authorized by the Commissioner under this subtitle, a person other than a health maintenance organization regulated under this subtitle may not designate its services, operations, or functions as a “health maintenance organization” or use any other title or designation if the arrangement of services, operations, or functions substantially fall under the definition of a health maintenance organization in § 19-701 of this subtitle.
Md. Code, Local Government § 19-227 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-227
§19–227.
Status: in_force

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

(b) “Chief executive officer” means the county executive, mayor, president, chairman, or similar official of a governmental entity.

(c) “Financial officer” means the controller, the director of finance, or similar official of a governmental entity.

(d) “Internal Revenue Code” means the Internal Revenue Code of 1986 and includes regulations and rulings issued under that Code.

(e) (1) “Proceeds” means money received from the sale of bonds.

(2) “Proceeds” includes any money deemed to be proceeds of bonds under the Internal Revenue Code.
Md. Code, Health - General § 19-383 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-383
§19–383.
Status: in_force

(a) As soon as practicable before discharge of a patient, a hospital shall attempt to:

(1) Consult with the patient’s lay caregiver to prepare the lay caregiver for aftercare; and

(2) Issue a discharge plan that describes the aftercare needs of the patient.

(b) The inability of a hospital to consult with a patient’s designated lay caregiver may not interfere with, delay, or otherwise affect the medical care provided to the patient or the patient’s discharge.
Md. Code, Transportation § 19-102 — MD Code / Article gtr / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

(a) A police officer may not direct any driver, owner, or passenger of a motor vehicle, other than a police vehicle, to participate in a roadblock.

(b) If any police officer of this State or any political subdivision of this State, while otherwise acting within the scope of his authority in enforcing any law, directs the driver, owner, or passenger of a motor vehicle other than a police vehicle to participate in a roadblock to assist him in enforcing that law or in apprehending any person suspected of violating or known to have violated that law, this State or the political subdivision, as the case may be, is liable for the damages or injuries proximately caused by participation in the roadblock.

(c) This State or a political subdivision of this State may use the defense of contributory negligence and assert the doctrine of last clear chance in an action brought or defense raised under subsection (b) of this section.
Md. Code, Local Government § 19-215 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-215
§19–215.
Status: in_force

Grant anticipation notes may not be sold under this part until the governmental entity receives from the grantor a written commitment for the grant.
Md. Code, Health - General § 19-361 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-361
§19–361.
Status: in_force

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

(b) “Hazardous condition” means a condition existing in a related institution that does not constitute a life-threatening, health, or fire safety deficiency, as described in § 19-328 of this subtitle, but which is a violation of departmental regulations which is likely to endanger the health, life, or safety of patients.

(c) “Intermediate sanction” means the establishment of an escrow account by a related institution.
Md. Code, Health - General § 19-2502 — MD Code / Article ghg / Title 19 / Subtitle 25 / Section 19-2502
§19–2502.
Status: in_force

(a) The Department shall approve a credentialing entity to develop and administer a certification process for recovery residences.

(b) The credentialing entity shall:

(1) Establish recovery residence certification requirements;

(2) Establish processes to administer the application, certification, and recertification process;

(3) Establish processes to monitor and inspect a recovery residence;

(4) Conduct an on–site inspection of a recovery residence:

(i) Before issuing a certificate of compliance; and

(ii) At least once during each certification renewal period; and

(5) Issue a certificate of compliance on approval of the application process and the inspection of the recovery residence.

(c) A certificate of compliance issued by the credentialing entity is valid for 1 year from the date of issuance.

(d) The credentialing entity may revoke the certificate of compliance of a certified recovery residence if the credentialing entity finds that the recovery residence is not in compliance with the requirements established by the credentialing entity.
Md. Code, Alcoholic Beverages and Cannabis § 19-402 — MD Code / Article gab / Title 19 / Subtitle 4 / Section 19-402
§19–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday or an election day.
Md. Code, Business Regulation § 19-105 — MD Code / Article gbr / Title 19 / Subtitle 1 / Section 19-105
§19–105.
Status: in_force

(a) This section does not apply to:

(1) an animal welfare organization or animal control unit displaying dogs or cats for adoption or the adoption of dogs or cats from an animal welfare organization or animal control unit; or

(2) a dog breeder and a specific individual purchaser conducting a prearranged sale of a dog if the location of the prearranged sale is not at a regularly scheduled or recurring event.

(b) A person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including:

(1) a street;

(2) a highway;

(3) a public right–of–way;

(4) a public parking lot;

(5) a carnival;

(6) a boardwalk;

(7) a swap meet;

(8) a fair; or

(9) a flea market.

(c) An animal control officer under the jurisdiction of the State or a local governing body and an officer of a society or association, incorporated under the laws of the State for the prevention of cruelty to animals, authorized to make arrests under § 10–609 of the Criminal Law Article may enforce subsection (b) of this section.

(d) A person who violates this section is subject to:

(1) for a first violation, a civil penalty not exceeding $500;

(2) for a second violation, a civil penalty not exceeding $1,000; and

(3) for a third or subsequent violation, a civil penalty not exceeding $1,500.
Md. Code, Health - General § 19-308.5 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-308.5
§19–308.
Status: in_force

§19–308.5.

(a) Each hospital that provides obstetrical services shall establish a universal newborn hearing screening program to ensure that:

(1) (i) All newborns born in the hospital are screened for hearing loss before discharge; and

(ii) The results are reported as required under § 13–605 of this article; and

(2) Before discharge and to the extent practicable, the hospital provides to the parent or legal guardian of a newborn identified as having a hearing loss under item (1)(i) of this subsection a list of resources available for parents of children with hearing loss, including:

(i) Locations for subsequent testing; and

(ii) Resources on language and communication mode options for communicating with their child.

(b) The universal newborn hearing screening program established under this section shall consist of at least one of the following screening tests:

(1) Auditory brain stem response;

(2) Otoacoustic emissions; or

(3) Another appropriate screening test recommended by the Advisory Council and approved by the Secretary.
Md. Code, Health - General § 19-364 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-364
§19–364.
Status: in_force

(a) The related institution shall have the right to appeal from the order within 5 working days from the receipt of the order.

(b) The appeal shall be heard by the hearings office of the Department, which shall render the final agency decision for purposes of judicial review.

(c) Imposition of the sanction shall be stayed until the final decision is issued pursuant to subsection (m) of this section.

(d) A hearing on the sanction shall be held within 10 working days of the request for hearing.

(e) The parties to the hearing shall be the aggrieved related institution and the Secretary.

(f) The parties are entitled to be represented by counsel.

(g) The hearings office may permit, modify, or deny a timely request by the related institution for prehearing discovery.

(h) The hearings office, upon its own motion or upon motion of either party, may subpoena any person or evidence, administer oaths, and take depositions and other testimony.

(i) The hearing shall inquire fully into all of the matters at issue and shall receive into evidence the testimony of witnesses and any documents which are relevant and material to such matters.

(j) The parties shall have the right to present evidence and testimony and to cross-examine that presented by the opposing party.

(k) The purpose of the hearing is to consider and render a decision on the following matters:

(1) The existence of a hazardous condition;

(2) If a hazardous condition exists, the amount of money to be placed into the escrow account; and

(3) The length of time in which the hazardous condition must be corrected.

(l) The burdens of proof are as follows:

(1) The related institution has the burden of proof with respect to establishing the lack of the cited deficiency or deficiencies; and

(2) The Secretary has the burden of proof with respect to the establishment of a deficiency or deficiencies as constituting a hazardous condition.

(m) A decision shall be rendered by the hearings office within 7 days of the hearing. The decision shall be the final agency decision of the Department, subject to appeal pursuant to § 19-367 of this part.
Md. Code, Business Occupations and Professions § 19-411 — MD Code / Article gbo / Title 19 / Subtitle 4 / Section 19-411
§19–411.
Status: in_force

Within 5 days after the Secretary suspends or revokes the certification of an individual as security guard, the individual shall surrender to the Secretary the certification card of the individual.
Md. Code, Health - General § 19-705.4 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705.4
§19–705.
Status: in_force

§19–705.4.

(a) Any limitation imposed by a health maintenance organization on the receipt of covered services provided to a member or subscriber by a physical therapist licensed under Title 13 of the Health Occupations Article may only be imposed per incident or per injury within a contract period.

(b) This subsection may not be construed to prohibit a health maintenance organization from imposing any limitations on the number of visits permitted for a member or subscriber.
Md. Code, Local Government § 19-606 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-606
§19–606.
Status: in_force

(a) If the authorizing resolution provides, notes may be secured by:

(1) a trust indenture with a corporate trustee, which may be any trust company or bank having the powers of a trust company in or outside the State; and

(2) a letter of credit, line of credit, or other credit or liquidity instrument from or with a bank or other lending institution.

(b) A security provided by an authorizing resolution under this section may be secured by the same security given to holders of the notes for the performance by a county of the county’s monetary obligations under the notes.
Md. Code, Health - General § 19-715 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-715
§19–715.
Status: in_force

Each health maintenance organization application or offer of enrollment shall contain or be accompanied by, and each form of health maintenance organization subscriber contract shall contain, a full and clear statement of:

(1) The items specified in § 19-714 of this subtitle;

(2) The rate of periodic payment;

(3) When the coverage is effective and what restrictions, if any, apply to preexisting conditions;

(4) All standards for cancellation of enrollment or denial of reenrollment; and

(5) Service priorities, if any, in epidemic or other emergency or catastrophic conditions that may cause an unusually high demand for medical services.
Md. Code, Local Government § 19-103 — MD Code / Article glg / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

(a) (1) Any charter provision of Anne Arundel County or Prince George’s County that requires or has the effect of requiring the county to pledge unlimited taxing powers, as to either the rate or amount, for the repayment of county debt may not be given effect if any later adopted charter provision is inconsistent with the pledge.

(2) Paragraph (1) of this subsection applies to all bonds issued by Anne Arundel County or Prince George’s County before June 30, 1981.

(b) To secure the payment of the principal of and interest on debt, Anne Arundel County or Prince George’s County, by charter provision or legislative act, may:

(1) create, pledged for payment of principal of and interest on debt:

(i) a sinking fund;

(ii) a debt service fund;

(iii) a debt service reserve fund; or

(iv) any other trust fund, including a fund held by a corporate trustee;

(2) if sufficient money for the timely payment of principal of and interest on debt is not available or if there is a default in payment, provide that the first received general fund revenues of the county shall be applied to payment of principal of and interest on debt in an amount sufficient to:

(i) make a payment when due; or

(ii) cure the default; and

(3) pledge any county revenue to pay principal of and interest on the debt.

(c) A charter provision of Anne Arundel County or Prince George’s County may not impair or be construed to impair the obligation of the county to impose and collect taxes to provide for the payment when due of principal of and interest on bonds of the county, or on bonds guaranteed by the county, if:

(1) the county has pledged unlimited taxing powers to the bonds; and

(2) the bonds are outstanding on the effective date of the charter provision.
Md. Code, Local Government § 19-802 — MD Code / Article glg / Title 19 / Subtitle 8 / Section 19-802
§19–802.
Status: in_force

A transaction under this subtitle is not a capital project within the meaning of any statutory or charter provision.
Md. Code, Alcoholic Beverages and Cannabis § 19-1311 — MD Code / Article gab / Title 19 / Subtitle 13 / Section 19-1311
§19–1311.
Status: in_force

(a) The Board may issue a per diem license of any class that entitles the holder to exercise any of the privileges conferred by that class at an event held by a club.

(b) The license authorizes the holder to cater an event at the place described in the license on the days that the license is in effect.

(c) The Board may not require the publication of an application under this section as a prerequisite to the issuing of the license.

(d) An application for the license shall be:

(1) completed on a form that the Board provides;

(2) signed by the applicant; and

(3) notarized.

(e) The fee is:

(1) $15 per day for a beer license or beer and wine license; or

(2) $25 per day for a beer, wine, and liquor license.
Md. Code, Health - General § 19-381 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-381
§19–381.
Status: in_force

(a) A hospital shall provide a patient or the legal guardian of a patient with an opportunity to designate one lay caregiver before discharge of the patient.

(b) If a patient or the legal guardian of a patient declines to designate a lay caregiver:

(1) The hospital shall document the decision in the patient’s medical record; and

(2) The hospital shall be deemed to be in compliance with the provisions of this part.

(c) If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:

(1) Record in the patient’s medical record:

(i) The designation of the lay caregiver;

(ii) The relationship of the lay caregiver to the patient; and

(iii) The name, telephone number, and address of the lay caregiver; and

(2) Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:

(i) The procedures of the hospital for releasing personal health information; and

(ii) All applicable federal and State laws.

(d) If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:

(1) Provide to the lay caregiver the notice required under § 19–382 of this part; or

(2) Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19–383 of this part.

(e) A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.

(f) A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.

(g) This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.
Md. Code, Insurance § 19-113 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-113
§19–113.
Status: in_force

(a) A parent of a minor or person in loco parentis of the minor may settle a claim under a liability insurance policy brought by the parent or person in loco parentis for the benefit of the minor.

(b) The payment of a settlement of a claim made under this section for the benefit of a minor shall comply with Title 13, Subtitle 4 of the Estates and Trusts Article.
Md. Code, Business Regulation § 19-303 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-303
§19–303.
Status: in_force

(a) (1) A person may register:

(i) a class of returnable containers if:

1. the person owns or deals in goods handled or delivered in a returnable container; and

2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or

(ii) a class of returnable textiles, if the person:

1. is in the business of regularly supplying clean laundered returnable textiles; and

2. periodically exchanges the clean returnable textiles for soiled returnable textiles.

(2) A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile.

(b) To register a returnable container or returnable textile a person shall:

(1) (i) prepare a clear statement of the character of the returnable container or returnable textile; and

(ii) prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced;

(2) sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State;

(3) publish the signed and acknowledged comprehensive description:

(i) in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or

(ii) twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and

(4) file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published.

(c) A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State.

(d) (1) The Secretary of State shall record each:

(i) comprehensive description filed under subsection (b) of this section;

(ii) certificate of publication filed under subsection (b) of this section; and

(iii) transfer filed under subsection (c) of this section.

(2) On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing.

(3) The Secretary of State shall establish reasonable fees:

(i) for recording under this section; and

(ii) for providing copies of records filed under this section.

(e) A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is:

(1) evidence that the person complied with this subtitle; and

(2) prima facie evidence of:

(i) title to or right to use, collect, or deliver the corresponding returnable containers; and

(ii) title to the corresponding returnable textiles.
Md. Code, Insurance § 19-504.1 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-504.1
§19–504.
Status: in_force

§19–504.1.

(a) This section applies only when the liability coverage under a policy or binder of private passenger motor vehicle liability insurance exceeds the amount required under § 17-103 of the Transportation Article.

(b) An insurer shall offer to the first named insured under a policy or binder of private passenger motor vehicle liability insurance liability coverage for claims made by a family member in the same amount as the liability coverage for claims made by a nonfamily member under the policy or binder.

(c) (1) An offer made under this section shall be made on the form that the Commissioner requires.

(2) The form may be part of the insurance application, policy, contract, or binder.

(3) The form shall clearly and concisely explain in 10 point boldface type:

(i) the nature, extent, benefit, and cost of the amount of liability coverage for claims made by family members that is available to the first named insured; and

(ii) that an insurer may not refuse to underwrite a first named insured because the first named insured requests or elects the liability coverage for claims made by family members in an amount equal to the coverage provided for claims made by nonfamily members.

(d) (1) An insurer may not refuse to underwrite a first named insured because the first named insured requests or elects the liability coverage for claims made by family members in an amount equal to the coverage provided for claims made by nonfamily members.

(2) An insurer that violates this subsection is subject to the penalties provided in §§ 4-113 and 4-114 of this article.
Md. Code, Health - General § 19-1406 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1406
§19–1406.
Status: in_force

(a) Within 15 days of the request for an appeal by a nursing home, the nursing home shall deposit the amount of the civil money penalty in an interest bearing escrow account, the nursing home shall bear any cost associated with establishing the escrow account, and the account shall be titled in the name of the nursing home and the Maryland Department of Health as joint owners.

(b) When the Secretary issues the final decision of the Department:

(1) If the decision upholds the imposition of the full civil money penalty, the escrow funds will be released to the Department within 15 days from the date of the decision;

(2) If the decision upholds the imposition of a civil penalty, but reduces the amount of the civil penalty, the amount due the Department will be released to the Department with accrued interest within 15 days of the date of the decision and the balance will be released to the nursing home within 15 days of the date of the decision; or

(3) If the decision reverses the imposition of the civil penalty, the escrow funds will be released to the nursing home within 15 days of the decision.

(c) (1) A hearing on the appeal shall be held in accordance with the Administrative Procedure Act, under Title 10, Subtitle 2 of the State Government Article.

(2) The Secretary shall have the burden of proof with respect to the imposition of civil money penalties under § 19–1404 or § 19–1413.1 of this subtitle.

(3) A decision shall be rendered by the Office of Administrative Hearings within 10 working days of the hearing.

(d) A nursing home is entitled to a 40% reduction in the amount of the civil money penalty if it waives its right to a hearing within 30 days of the Department’s order.
Md. Code, Insurance § 19-112 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-112
§19–112.
Status: in_force

(a) The Commissioner may request by bulletin from a property and casualty insurer data that relates to policies written by the insurer.

(b) A request by bulletin under this section shall specify:

(1) the line of insurance for which the data is being requested; and

(2) the period of time for which the data is requested.

(c) Data requested by bulletin under this section shall be filed with the Commissioner in a form required by the Commissioner.

(d) (1) A request by bulletin expires 2 years after the date of the request by the Commissioner.

(2) If the Commissioner needs additional data after the end of that 2-year period, the Commissioner shall issue another bulletin.

(e) At least 15 days prior to granting an application under § 4–203 of the General Provisions Article to inspect company–specific data that was requested by bulletin under this section, the Commissioner shall notify the insurer that supplied the data:

(1) that the Commissioner has received an application to inspect data filed by the insurer;

(2) which data the Commissioner intends to disclose in granting the application; and

(3) that, within 7 days of receipt of the notice, the insurer has the opportunity to provide any reason why the data is confidential commercial data or is otherwise protected from disclosure under the Public Information Act.
Md. Code, Health - General § 19-405 — MD Code / Article ghg / Title 19 / Subtitle 4 / Section 19-405
§19–405.
Status: in_force

Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a home health agency.
Md. Code, Health - General § 19-310.2 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-310.2
§19–310.
Status: in_force

§19–310.2.

On or before July 1, 2014, each hospital that provides emergency medical services shall have a protocol to provide timely access to a sexual assault medical forensic examination by a forensic nurse examiner or a physician to a victim of an alleged rape or sexual offense who arrives at the hospital for treatment.
Md. Code, Health - General § 19-902 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-902
§19–902.
Status: in_force

The purposes of this subtitle are:

(1) To simplify and clarify the laws that govern the use of a hospice care program by individuals who want a supportive environment;

(2) To encourage the establishment of hospice care programs; and

(3) To ensure the quality of these hospice care programs.
Md. Code, Health - General § 19-407 — MD Code / Article ghg / Title 19 / Subtitle 4 / Section 19-407
§19–407.
Status: in_force

The Department shall:

(1) Inspect the operations of each home health agency at least every 3 years to determine whether it is meeting the requirements of this subtitle and the rules and regulations adopted under it; and

(2) Issue, deny, suspend, or revoke a home health agency license in accordance with the rules and regulations adopted under this subtitle.
Md. Code, Commercial Law § 19-102 — MD Code / Article gcl / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

Good cause exists in any of the following circumstances:

(1) The filing of a petition against the dealer to commence:

(i) A receivership proceeding; or

(ii) A bankruptcy proceeding;

(2) The dealer has made an intentional misrepresentation with the intent to defraud the supplier;

(3) The dealer defaults under a chattel mortgage or other security agreement between the dealer and the supplier or the dealer revokes or discontinues a guarantee of a present or future obligation of the dealer to the supplier;

(4) The closeout or sale of a substantial part of the business of a dealer related to the handling of the products of the supplier;

(5) The commencement of procedures to dissolve or liquidate the dealer if the dealer is a partnership or corporation;

(6) A change, without the prior written approval of the supplier, that shall not be unreasonably withheld, in the location of the principal place of business of the dealer or additional locations set forth in the agreement;

(7) The withdrawal of an individual proprietor, partner, major shareholder, or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier;

(8) The revocation or discontinuance of any guarantee of the present or future obligations of the dealer to the supplier;

(9) The dealer fails to operate in the normal course of business for 7 consecutive business days or otherwise abandons the business;

(10) The guilty plea or conviction of a felony of a dealer affecting the relationship between the dealer and supplier; or

(11) The dealer transfers an interest in the dealership or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner, or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership.
Md. Code, Health - General § 19-1807 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1807
§19–1807.
Status: in_force

(a) (1) Except as provided in subsection (d) of this section, an assisted living manager who is employed by an assisted living program shall have completed a manager training course that is approved by the Department and includes an examination.

(2) The manager training course shall:

(i) Consist of at least 80 hours; and

(ii) Provide the training through in–person courses, virtual training methods, or a combination of both.

(b) An assisted living manager employed by a program shall be required to complete 20 hours of Department–approved continuing education every 2 years.

(c) In addition to the sanctions specified in COMAR 10.07.14.48, an assisted living program that fails to employ an assisted living manager who meets the requirements of this section may be subject to a civil money penalty not to exceed $10,000.

(d) (1) The requirements of subsection (a) of this section do not apply to an individual who:

(i) Is employed by an assisted living program and has enrolled in a Department–approved manager training course that the individual expects to complete within 6 months;

(ii) Is temporarily serving as an assisted living manager under § 9–3A–01 of the Health Occupations Article due to an assisted living manager leaving employment and prior to the hiring of a permanent assisted living manager; or

(iii) Subject to paragraph (2) of this subsection:

1. Has been employed as an assisted living manager in the State for 1 year prior to January 1, 2006; or

2. Is licensed as a nursing home administrator in the State.

(2) The Department may require an individual who is exempt under paragraph (1)(iii) of this subsection to complete a manager training course and examination if the Department finds that the assisted living manager repeatedly has violated State law or regulations on assisted living and that those violations have caused actual physical or emotional harm to a resident.

(e) The Department shall ensure that manager training courses approved by the Department are affordable and accessible to assisted living programs and to individuals seeking to enroll in the courses.
Md. Code, Business Regulation § 19-307 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-307
§19–307.
Status: in_force

(a) In a prosecution under § 19-304(a), (b), (c), or (d) of this subtitle, possession by a person charged of all or part of the registered returnable container or returnable textile is prima facie evidence that the person is guilty of the charge.

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

(1) a garbage collector who collects a registered returnable container or returnable textile in the regular course of business;

(2) the possession of a registered returnable container by a person who received the container with its contents; or

(3) the possession of a registered returnable textile.
Md. Code, Health - General § 19-311 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-311
§19–311.
Status: in_force

A person shall have the approval of the Secretary before the person may:

(1) Build a hospital or related institution; or

(2) Make any conversion, alteration, or addition to the plant or building that will affect the functional structure or normal bed capacity of a hospital or related institution.
Md. Code, Health - General § 19-108.5 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-108.5
§19–108.
Status: in_force

§19–108.5.

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

(2) “Carrier” has the meaning stated in § 15–1301 of the Insurance Article.

(3) “Health care provider” has the meaning stated in § 19–108.3 of this subtitle.

(b) (1) On or before July 1, 2026, a carrier shall establish and maintain an online process that:

(i) Links directly to all e–prescribing systems and electronic health record systems that use the National Council for Prescription Drug Programs SCRIPT standard and the National Council for Prescription Drug Programs Real Time Benefit Standard;

(ii) Can accept electronic prior authorization requests from a health care provider;

(iii) Can approve electronic prior authorization requests:

1. For which no additional information is needed by the carrier to process the prior authorization request;

2. For which no clinical review is required; and

3. That meet the carrier’s criteria for approval; and

(iv) Links directly to real–time patient out–of–pocket costs, including copayment, deductible, and coinsurance costs, and more affordable medication alternatives made available by the carrier.

(2) A carrier may not:

(i) Impose a fee or charge on a person for accessing the online process required under paragraph (1) of this subsection; or

(ii) Access, without health care provider consent, health care provider data via the online process other than for the insured or enrollee.

(c) On or before July 1, 2025, a carrier shall:

(1) On request of a health care provider, provide contact information for each third–party vendor or other entity that the carrier will use to meet the requirements of subsection (b) of this section; and

(2) Post the contact information required to be provided under item (1) of this subsection on its website.

(d) (1) On or before July 1, 2026, each health care provider shall ensure that each e–prescribing system or electronic health record system owned or contracted for by the health care provider to maintain a health record of an insured or enrollee has the ability to access, at the point of prescribing:

(i) The electronic prior authorization process established by a carrier under subsection (b) of this section; and

(ii) The real–time patient out–of–pocket cost information and available medication alternatives required under subsection (b) of this section.

(2) The Commission shall establish by regulation a process through which a health care provider may request and receive a waiver of compliance from the requirements of this subsection.

(e) (1) On or before July 1, 2026, each carrier, or a pharmacy benefits manager on behalf of the carrier, shall:

(i) Provide real–time patient–specific benefit information to insureds and enrollees and contracted health care providers, including any out–of–pocket costs and more affordable medication alternatives or prior authorization requirements; and

(ii) Ensure that the information provided under item (i) of this paragraph is accurate.

(2) Each carrier, or a pharmacy benefits manager on behalf of the carrier, shall make available the information required to be provided under paragraph (1) of this subsection to the health care provider at the point of prescribing in an accessible and understandable format, such as through the health care provider’s e–prescribing system or electronic health record system that the carrier, pharmacy benefits manager, or designated subcontractor has adopted that uses the National Council for Prescription Drug Programs SCRIPT standard and the National Council for Prescription Drug Programs Real Time Benefit Standard from which the health care provider makes the request.
Md. Code, Alcoholic Beverages and Cannabis § 19-1401 — MD Code / Article gab / Title 19 / Subtitle 14 / Section 19-1401
§19–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–103 (“Application on behalf of partnership”);

(3) § 4–104 (“Application on behalf of corporation or club”);

(4) § 4–105 (“Application on behalf of limited liability company”);

(5) § 4–106 (“Payment of notice expenses”);

(6) § 4–108 (“Application form required by Comptroller”);

(7) § 4–111 (“Payment of license fees”);

(8) § 4–112 (“Disposition of license fees”);

(9) § 4–113 (“Refund of license fees”); and

(10) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) Section 4–110 (“Required information on application — Petition of support”) of Division I of this article does not apply in the county.

(c) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county:

(1) § 4–107 (“Criminal history records check”), subject to §§ 19–1403 through 19–1407 of this subtitle; and

(2) § 4–109 (“Required information on application — In general”), subject to § 19–1402 of this subtitle.
Md. Code, Business Occupations and Professions § 19-602 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-602
§19–602.
Status: in_force

(a) Unless authorized under this title to engage in business for the purpose of providing security guard services, a person may not represent to the public, by use of a title, including “licensed security guard agency”, “security guard agency”, or “security guards”, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing security guard services in the State.

(b) Unless an individual is certified as a security guard under this title, the individual may not represent to the public, by use of a title, including “certified security guard”, or by use of a badge or identification card, that the individual is certified as a security guard under this title.
Md. Code, Alcoholic Beverages and Cannabis § 19-2603 — MD Code / Article gab / Title 19 / Subtitle 26 / Section 19-2603
§19–2603.
Status: in_force

One–half of each fine imposed in the county shall be distributed as provided in § 7–507 of the Courts Article.
Md. Code, Insurance § 19-1101 — MD Code / Article gin / Title 19 / Subtitle 11 / Section 19-1101
§19–1101.
Status: in_force

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

(b) “Chronic condition” means a condition that can be treated or managed, but not cured.

(c) “Congenital anomaly or disorder” means a condition that is present from birth, whether inherited or caused by the environment, that may cause or contribute to illness or disease.

(d) “Hereditary disorder” means an abnormality that is genetically transmitted from parent to offspring and may cause illness or disease.

(e) (1) “Orthopedic condition” means a condition affecting the bones, skeletal muscle, cartilage, tendons, ligaments, or joints.

(2) “Orthopedic condition” includes elbow dysplasia, hip dysplasia, intervertebral disc degeneration, patellar luxation, and ruptured cranial cruciate ligaments.

(3) “Orthopedic condition” does not include:

(i) cancer; or

(ii) a metabolic, hemopoietic, or autoimmune disease.

(f) (1) “Pet insurance policy” means a property insurance policy that is sold by a pet insurer or pet insurance producer that provides coverage for accidents and illnesses of pets.

(2) “Pet insurance policy” includes a certificate or add–on coverage.

(g) (1) “Preexisting condition” means a condition for which any of the following are true before the effective date of a pet insurance policy or during any waiting period:

(i) a veterinary practitioner provided medical advice;

(ii) the pet received treatment; or

(iii) based on information from verifiable sources, the pet had signs or symptoms directly related to the condition for which a claim is being made.

(2) “Preexisting condition” does not include, for a renewal of a pet insurance policy, a condition for which coverage was afforded on the previous policy.

(h) “Renewal” means the issuance and delivery at the end of a pet insurance policy period of a policy that:

(1) supersedes the policy previously issued and delivered by the same pet insurer or affiliated pet insurer; and

(2) provides types and limits of coverage substantially similar to those contained in the prior policy.

(i) (1) “Veterinary expenses” means the costs associated with medical advice, diagnosis, care, or treatment provided by a veterinary practitioner.

(2) “Veterinary expenses” includes the cost of drugs prescribed by a veterinary practitioner.

(j) “Veterinary practitioner” has the meaning stated in § 2–301 of the Agriculture Article.

(k) “Waiting period” means the period of time specified in a new pet insurance policy that must elapse before some or all of the coverage in the policy begins.

(l) “Wellness program” means a subscription– or reimbursement–based program that:

(1) is separate from a pet insurance policy; and

(2) provides goods and services to promote the general health, safety, or well–being of the pet.
Md. Code, Health Occupations § 19-302.2 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-302.2
§19–302.
Status: in_force

§19–302.2.

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

(1) A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

(3) The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(c) In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

(d) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.

(e) (1) Information obtained from the Central Repository under this section:

(i) Is confidential and may not be redisseminated; and

(ii) May be used only for the licensing purpose authorized by this title.

(2) In using information obtained from the Central Repository under this section to determine whether to issue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime was committed;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Business Regulation § 19-106 — MD Code / Article gbr / Title 19 / Subtitle 1 / Section 19-106
§19–106.
Status: in_force

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

(2) “Entity” means:

(i) a commercial enterprise or business that is in good

standing with the State Department of Assessments and Taxation and is:

1. incorporated in the State; or

2. registered to do business in the State; or

(ii) a corporation, foundation, school, hospital, or other legal entity for which none of the net earnings inure to the benefit of any private shareholder or individual holding an interest in the entity.

(3) “State benefit” means:

(i) State capital grant funding totaling $1,000,000 or

more in a single fiscal year;

(ii) State tax credits totaling $1,000,000 or more in a single fiscal year; or

(iii) the receipt of a State contract with a total value of $1,000,000 or more.

(4) “State contract” means a contract that:

(i) resulted from a competitive procurement process; and

(ii) is not federally funded in any way.

(5) “Underrepresented community” means a community whose members self–identify:

(i) as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native; or

(ii) with one or more of the racial or ethnic groups listed in item (i) of this paragraph.

(b) This section does not apply to:

(1) a sole proprietor;

(2) a limited liability company owned by a single member;

(3) a privately held company if at least 75% of the company’s shareholders are family members; or

(4) an entity that:

(i) has an annual operating budget or annual sales less than $5,000,000; and

(ii) does not qualify for a State benefit.

(c) An entity may not qualify for a State benefit unless the entity is able to demonstrate:

(1) membership of underrepresented communities in the entity’s board or executive leadership; or

(2) support for underrepresented communities in the entity’s mission.

(d) The Department of Commerce and the Office of Small, Minority, and Women Business Affairs shall:

(1) develop and maintain a State Equity Report that compiles diversity data for each entity on:

(i) the membership of underrepresented communities in the entity’s board or executive leadership; and

(ii) the support of underrepresented communities in the entity’s mission; and

(2) adopt regulations to carry out this section, including directives for State agencies and entities to comply with the requirements in this section.
Md. Code, Local Government § 19-201 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-201
§19–201.
Status: in_force

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

(b) (1) “Bond” means an obligation for the payment of money, by whatever name known or source of funds secured, issued by a governmental entity under general or special statutory authority.

(2) “Bond” includes:

(i) a bond;

(ii) a certificate of indebtedness;

(iii) an interim certificate; and

(iv) a note.

(c) “Enabling act” means a law that authorizes a governmental entity to create a debt and sell bonds to evidence that debt.
Md. Code, Local Government § 19-502 — MD Code / Article glg / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

This subtitle applies only to code counties.
Md. Code, Health - General § 19-1912 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1912
§19–1912.
Status: in_force

Nothing in this subtitle may be construed to prevent an adult dependent care program from obtaining a criminal history records check or background check on any other individual applying for a job or volunteering services in the program.
Md. Code, Health - General § 19-14A-01 — MD Code / Article ghg / Title 19 / Subtitle 14A / Section 19-14A-01
§19–14A–01.
Status: in_force

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

(b) “Final report” means the third party liability audit report issued to a nursing home stating the total amount due to the Department as a result of the completed audit.

(c) “Nursing home” has the meaning stated in § 19-1401(e) of this title.

(d) (1) “Third party” means any individual, entity, or program that is or may be liable to pay all or part of the medical cost of any medical assistance furnished to a recipient under the Medical Assistance Program.

(2) “Third party” includes private health insurance, employment-related health insurance, medical support from absent parents, automobile insurance, court judgments or settlements from a liability insurer, State workers’ compensation, first party probate-estate recoveries, or any federal programs.

(e) “Third party liability audit” means a financial review of Medical Assistance payments to a provider to ascertain the legal liability of third parties to pay for care and services available under the Medical Assistance Program.

(f) “Third party liability review” means a financial review of the credit balances of a nursing home to ascertain the legal liability of third parties to pay for care and services available under the Medical Assistance Program.
Md. Code, Health - General § 19-2104 — MD Code / Article ghg / Title 19 / Subtitle 21 / Section 19-2104
§19–2104.
Status: in_force

§19–2104. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2035 PER CHAPTER 386 OF 2024 //

From among the members of the Commission:

(1) The Governor shall appoint a chair; and

(2) The chair shall appoint a vice chair.
Md. Code, Business Occupations and Professions § 19-201 — MD Code / Article gbo / Title 19 / Subtitle 2 / Section 19-201
§19–201.
Status: in_force

Subject to the provisions of this title, the Secretary is responsible for the licensing of security guard agencies and the regulation of those persons who provide security guard services in the State.
Md. Code, Alcoholic Beverages and Cannabis § 19-401 — MD Code / Article gab / Title 19 / Subtitle 4 / Section 19-401
§19–401.
Status: in_force

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–210 (“Class 8 farm brewery license”);

(9) § 2–211 (“Residency requirement”);

(10) § 2–212 (“Additional licenses”);

(11) § 2–213 (“Additional fees”);

(12) § 2–214 (“Sale or delivery restricted”);

(13) § 2–215 (“Beer sale on credit to retail dealer prohibited”);

(14) § 2–216 (“Interaction between manufacturing entities and retailers”);

(15) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(16) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county:

(1) § 2–208 (“Class 6 pub–brewery license”), subject to § 19–403 of this subtitle; and

(2) § 2–209 (“Class 7 micro–brewery license”), subject to § 19–404 of this subtitle.
Md. Code, Business Regulation § 19-306 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-306
§19–306.
Status: in_force

(a) In a prosecution under this subtitle, a charging document is sufficient if it:

(1) describes the returnable container or returnable textile in a way that allows its identification;

(2) affirms that the returnable container or returnable textile is distinctly marked and registered under this subtitle; and

(3) gives the name of the owner of the returnable container or returnable textile, the person using the returnable container or returnable textile through registration, or, if applicable, the transferee.

(b) In a prosecution under this subtitle, a charging document need not:

(1) state or describe the name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile; or

(2) state the particulars of the registration of the returnable container or returnable textile or of the assignment or transfer of the registration.
Md. Code, Health - General § 19-508 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-508
§19–508.
Status: in_force

There is a citizens’ advisory board for each center.
Md. Code, Business Regulation § 19-502 — MD Code / Article gbr / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

A person may not knowingly use the name, portrait, picture, or image of an active service member killed in the line of duty within the previous 50 years in advertising for the sale of a product, good, ware, merchandise, or service, for the purpose of gaining a commercial advantage, without obtaining prior consent for use from the active service member or the surviving spouse, the personal representative, or the majority of the heirs of the deceased active service member.
Md. Code, Commercial Law § 19-202 — MD Code / Article gcl / Title 19 / Subtitle 2 / Section 19-202
§19–202.
Status: in_force

(a) Within 90 days after termination of the contract the supplier shall repurchase from the dealer all inventory, previously purchased from the supplier, that remains unsold on the date the contract terminates.

(b) (1) The supplier shall pay the dealer:

(i) 100 percent of the current net price of all new, unused, unsold, undamaged, and complete farm, construction, utility, and industrial equipment, implements, machinery, outdoor power equipment, outdoor power sports equipment, and attachments;

(ii) 90 percent of the current net price of all new, unused, and undamaged repair parts and superseded parts;

(iii) 75 percent of the net cost of all specialized repair tools purchased in the previous 3 years and 50 percent of the net cost of all specialized repair tools purchased in the previous 4 through 6 years in accordance with the requirements of the supplier and held by the dealer on the date of termination, if the specialized repair tools are unique to the supplier’s product line and are in complete and resalable condition;

(iv) The agreed depreciated value of farm implements, machinery, utility and industrial equipment, outdoor power equipment, and outdoor power sports equipment used in demonstrations, including equipment leased primarily for demonstration or lease; and

(v) At its amortized value, the price of any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past 5 years.

(2) (i) The supplier shall pay:

1. The cost of shipping the inventory from the dealer’s location; and

2. The dealer 10 percent of the current net price of all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading.

(ii) The supplier may perform the handling, packing, and loading of repair parts instead of paying the 10 percent for the services.

(iii) The dealer and the supplier may each furnish a representative to inspect all parts and certify the acceptability of any part when packed for shipment.

(c) (1) The supplier shall pay the full repurchase amount to the dealer not later than 30 days after receipt of the inventory.

(2) If the dealer has any outstanding debts to the supplier, the repurchase amount shall be credited to the dealer’s account.

(d) (1) On payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier.

(2) At the end of each calendar year or after termination or cancellation of the contract, a supplier or lender may not debit the dealer’s reserve account for recourse, retail sale, or lease contracts for any deficiency unless the dealer or the heirs of the dealer have been given at least 7 business days’ notice by certified or registered United States mail, return receipt requested, of any proposed sale of the financed equipment and an opportunity to purchase the equipment.

(3) The former dealer or the heirs of the dealer shall be given quarterly status reports on any remaining outstanding recourse contracts.

(4) As the recourse contracts are reduced, any reserve account funds shall be returned to the dealer or the heirs of the dealer in direct proportion to the outstanding liabilities.

(e) (1) In the event of the death of the dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heir of the dealer or majority stockholder, repurchase the inventory from the heir of the dealer or majority stockholder as if the supplier had terminated the contract.

(2) Within 1 year after the date of the death of the dealer or majority stockholder, the heir shall exercise the heir’s options under this section.

(3) Nothing in this section shall require the repurchase of any inventory if the heir and the supplier enter into a new contract to operate the retail dealership.

(f) (1) Within 90 days a supplier shall consider and make a determination on a request by a family member to enter into a new contract to operate the dealership.

(2) If the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance.

(3) This section does not entitle an heir, personal representative, or family member to operate a dealership without the specific written consent of the supplier.

(g) Notwithstanding the provisions of this section, if a supplier and a dealer have executed an agreement concerning succession rights prior to the dealer’s death, and if the agreement has not been revoked, the agreement shall be enforced even if it designates someone other than the surviving spouse or heir of the decedent as the successor.
Md. Code, Health - General § 19-411 — MD Code / Article ghg / Title 19 / Subtitle 4 / Section 19-411
§19–411.
Status: in_force

§19–411. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF THE 2021 SPECIAL SESSION //

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

(2) “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.

(3) “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

(b) For calendar years 2021 and 2022, a home health agency shall adopt and implement a COVID–19 infection control and prevention plan for patients and staff who provide home health care services to patients of the home health agency.

(c) (1) The plan required under subsection (b) of this section shall:

(i) Be adopted and implemented in accordance with any applicable federal orders and guidance; and

(ii) Ensure that patients and staff who provide home health care services to patients of the home health agency are screened for COVID–19 on a regular basis and tested or referred for testing for COVID–19, if required or recommended under applicable federal orders or guidance, to control and prevent the spread of COVID–19 among staff and patients of the home health agency.

(2) The screening required under paragraph (1) of this subsection shall include reporting to the home health agency of any:

(i) Symptoms related to COVID–19 experienced by patients and staff; and

(ii) Known exposures of patients and staff to individuals who have been diagnosed with COVID–19.

(d) A home health agency shall provide the plan required under subsection (b) of this section to:

(1) Patients and staff; and

(2) Members of the public on request.
Md. Code, Insurance § 19-117 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-117
§19–117.
Status: in_force

(a) (1) In this section, “adverse action” includes:

(i) refusing to renew or execute a contract or agreement with a health care practitioner;

(ii) making a report or commenting to an appropriate private or governmental entity regarding practices of legally protected health care as defined in § 2–312 of the State Personnel and Pensions Article; and

(iii) increasing a premium for or making another type of unfavorable change regarding terms of coverage under a medical professional liability insurance contract agreement with a health care practitioner.

(2) “Adverse action” does not include making a rate filing in accordance with § 11–206 of this article.

(b) An insurer that issues to, delivers to, or renews medical professional liability insurance for a health care practitioner licensed, certified, or otherwise authorized by law to practice in the State may not take adverse action against a health care practitioner in whole or in part because the health care practitioner provides legally protected health care or makes a referral for legally protected health care.

(c) This section does not prohibit the medical professional liability insurer from taking adverse action against a health care practitioner for conduct that would otherwise constitute professional misconduct.
Md. Code, Local Government § 19-1001 — MD Code / Article glg / Title 19 / Subtitle 10 / Section 19-1001
§19–1001.
Status: in_force

A county may borrow money and incur indebtedness through the issuance and sale of notes in anticipation of the receipt of the county’s allocation of funds from the separate account of the Bay Restoration Fund established under § 9–1605.2(h) of the Environment Article.
Md. Code, Health - General § 19-310.6 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-310.6
§19–310.
Status: in_force

§19–310.6.

(a) (1) Subject to paragraphs (2) and (3) of this subsection, on or before January 1, 2025, each hospital and urgent care center in the State shall implement an evidence–based protocol for the early recognition and treatment of a patient with sepsis, severe sepsis, or septic shock that is based on generally acceptable standards of care.

(2) The evidence–based protocol implemented for hospitals under paragraph (1) of this subsection shall comply with the Centers for Disease Control and Prevention sepsis guidelines.

(3) A hospital that is a specialty psychiatric hospital shall establish a process for the screening and early recognition of a patient with sepsis, severe sepsis, or septic shock, and procedures to transfer the patient to the appropriate setting.

(b) A hospital that submits sepsis data to the Centers for Medicare and Medicaid Services Hospital Inpatient Quality Reporting Program is presumed to meet the requirements of subsection (a) of this section.

(c) Each hospital and urgent care center shall:

(1) Require periodic training in the implementation of the sepsis protocol required under subsection (a) of this section for professional staff with direct patient care responsibilities and, as appropriate, for staff with indirect patient care responsibilities, including laboratory and pharmacy staff; and

(2) Ensure that the staff receive updated training if the hospital or urgent care center makes a substantive change to the sepsis protocol.
Md. Code, Health - General § 19-366 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-366
§19–366.
Status: in_force

(a) If the related institution fails to establish the escrow account as ordered, the Secretary may petition the appropriate circuit court to require compliance with the sanction order.

(b) If the hazardous condition is not corrected or progress acceptable to the Secretary is not made within the time frame set by the sanction order, the Secretary may:

(1) Petition the appropriate circuit court to require the related institution to comply with the sanction order; or

(2) Order the forfeiture of the escrowed funds and/or remove all patients and initiate procedures to revoke the related institution’s licensure in accordance with § 19–327 of this subtitle.

(c) Upon petition to the circuit court under subsection (b)(1) of this section, and following notification to the Secretary by the circuit court that the related institution has failed to comply with a court order, the Secretary may impose further sanctions in accordance with subsection (b)(2) of this section. This sanction is in addition to all remedies otherwise available to the circuit court for enforcement of a court order.
Md. Code, Alcoholic Beverages and Cannabis § 19-1301 — MD Code / Article gab / Title 19 / Subtitle 13 / Section 19-1301
§19–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1206 (“License to dispose of stock”);

(3) § 4–1207 (“Temporary move of licensed premises”);

(4) § 4–1208 (“Hours and days of sale”); and

(5) § 4–1209 (“Wine permit for fund–raising event”).

(b) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article do not apply in the county:

(1) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”), which is superseded by § 19–1309 of this subtitle;

(2) § 4–1204 (“Class C per diem beer, wine, and liquor license”), which is superseded by § 19–1310 of this subtitle; and

(3) § 4–1205 (“License fees”), which is superseded by §§ 19–1309 and 19–1310 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 19-2801 — MD Code / Article gab / Title 19 / Subtitle 28 / Section 19-2801
§19–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, Health Occupations § 19-204 — MD Code / Article gho / Title 19 / Subtitle 2 / Section 19-204
§19–204.
Status: in_force

(a) A majority of the appointed members of the Board is a quorum to do business.

(b) The Board shall meet at least once a year, at the times and places that it determines.

(c) Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.

(d) The Board may employ a staff in accordance with the budget of the Board.

(e) (1) The Board shall appoint an executive director.

(2) The executive director:

(i) Serves at the pleasure of the Board;

(ii) Is the executive officer of the Board; and

(iii) Has the powers and duties assigned by the Board.
Md. Code, Health - General § 19-129 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-129
§19–129.
Status: in_force

(a) Notwithstanding the fact that a merger or consolidation may limit free economic competition, the Commission may approve the merger or consolidation of 2 or more hospitals if the merger or consolidation:

(1) Is not inconsistent with the State health plan or any institution-specific plan;

(2) Will result in the delivery of more efficient and effective hospital services; and

(3) Is in the public interest.

(b) Notwithstanding the fact that a merger or consolidation or the joint ownership and operation of major medical equipment may limit free economic competition, a hospital may engage in a merger or consolidation or the joint ownership of major medical equipment that has been approved by the Commission under this section.
Md. Code, Health - General § 19-905 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-905
§19–905.
Status: in_force

(a) A person shall be licensed by the Secretary before a person may operate a hospice care program.

(b) A home health agency, hospital, related institution, or other licensed facility that operates a hospice care program that is distinct from the other services that the home health agency or facility offers shall be licensed by the Secretary as a hospice care program before the home health agency or facility may operate that hospice care program.
Md. Code, Insurance § 19-518 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-518
§19–518.
Status: in_force

(a) In this section, “volunteer driver” means an individual who provides driving services, including transportation of individuals or goods, without compensation other than for expenses to:

(1) a charitable organization, as defined in § 6–101 of the Business Regulation Article, in the State; or

(2) a not–for–profit organization in the State that is exempt from taxation under § 501(c)(3), (4), or (6) of the Internal Revenue Code.

(b) An insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State may not:

(1) cancel the policy of a named insured or refuse to issue the policy to an applicant solely because the named insured or applicant is a volunteer driver; or

(2) impose a surcharge on or otherwise increase the rate for the policy solely because the named insured or applicant, a member of the named insured’s or applicant’s household, or an individual who customarily operates the named insured’s or applicant’s motor vehicle is a volunteer driver.

(c) This section does not prohibit an insurer from canceling, refusing to renew, imposing a surcharge on, or otherwise increasing the rate for a motor vehicle liability insurance policy based on factors other than the status of a driver under the policy as a volunteer driver.
Md. Code, Business Occupations and Professions § 19-312 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-312
§19–312.
Status: in_force

(a) Each licensed security guard agency shall display at all times:

(1) the agency license certificate in a conspicuous place in the principal office of the security guard agency; and

(2) each branch office certificate in a conspicuous place in the agency branch office for which the certificate was issued.

(b) (1) If an agency license certificate or branch office certificate is lost or destroyed, the licensee immediately shall notify the Secretary.

(2) On receipt of notice of the loss or destruction of an agency license certificate or branch office certificate, the Secretary may issue a duplicate.
Md. Code, Health - General § 19-1814 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1814
§19–1814.
Status: in_force

The Office of Health Care Quality within the Department shall refer an allegation of an unfair, abusive, or deceptive trade practice by an assisted living program to the Division of Consumer Protection of the Office of the Attorney General and to the Office of the Inspector General within the Department.
Md. Code, Business Occupations and Professions § 19-601 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-601
§19–601.
Status: in_force

A person may not engage in, attempt to engage in, offer to engage in, or solicit to engage in the business of providing security guards for hire in the State unless licensed as a security guard agency by the Secretary.
Md. Code, Local Government § 19-610 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-610
§19–610.
Status: in_force

(a) The authorizing resolution, and notes and agreements authorized under the authorizing resolution, are not subject to:

(1) procedures required for legislative acts; or

(2) referendum.

(b) The authorizing resolution may include covenants regarding the payment of principal of and interest on the notes, notwithstanding any:

(1) limitation in the county charter;

(2) other public general law; or

(3) public local law.

(c) (1) A county may adopt an authorizing resolution without complying with any procedures in:

(i) the county charter;

(ii) any public general law; or

(iii) a public local law.

(2) Public school construction and capital improvements financed by a county under this part are not a capital project of a county for purposes of any constitutional, charter, statutory, or other limitation.

(d) Any notes or agreements issued or entered into under this part may not be subject to or included in any constitutional, charter, statutory, or other limitation for the issuance of indebtedness by a county.

(e) The provisions of this part are self–executing.
Md. Code, Health - General § 19-214 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-214
§19–214.
Status: in_force

(a) The Commission shall assess the underlying causes of hospital uncompensated care and make recommendations to the General Assembly on the most appropriate alternatives to:

(1) Reduce uncompensated care; and

(2) Assure the integrity of the payment system.

(b) The Commission may adopt regulations establishing alternative methods for financing the reasonable total costs of hospital uncompensated care and the disproportionate share hospital payment provided that the alternative methods:

(1) Are in the public interest;

(2) Will equitably distribute the reasonable costs of uncompensated care and the disproportionate share hospital payment;

(3) Will fairly determine the cost of reasonable uncompensated care and the disproportionate share hospital payment included in hospital rates;

(4) Will continue incentives for hospitals to adopt fair, efficient, and effective credit and collection policies; and

(5) Will not result in significantly increasing costs to Medicare or termination of the all–payer model contract.

(c) Any funds generated through hospital rates under an alternative method adopted by the Commission in accordance with subsection (b) of this section may only be used to finance the delivery of hospital uncompensated care and the disproportionate share hospital payment.

(d) (1) Each year, the Commission shall assess a uniform, broad–based, and reasonable amount in hospital rates to reflect the aggregate reduction in hospital uncompensated care realized from the expansion of health care coverage under Chapter 7 of the Acts of the 2007 Special Session of the General Assembly.

(2) (i) 1. The Commission shall ensure that the assessment amount equals 1.25% of projected regulated net patient revenue.

2. Each hospital shall remit its assessment amount to the Health Care Coverage Fund established under § 15–701 of this article.

(ii) Any savings realized in averted uncompensated care as a result of the expansion of health care coverage under Chapter 7 of the Acts of the 2007 Special Session of the General Assembly that are not subject to the assessment under paragraph (1) of this subsection shall be shared among purchasers of hospital services in a manner that the Commission determines is most equitable.

(3) (i) Funds generated from the assessment under this subsection may be used only to supplement coverage under the Medical Assistance Program beyond the eligibility requirements in existence on January 1, 2008.

(ii) Any funds remaining after the expenditure of funds under subparagraph (i) of this paragraph has been made may be used for the general operations of the Medicaid program.
Md. Code, Alcoholic Beverages and Cannabis § 19-1503 — MD Code / Article gab / Title 19 / Subtitle 15 / Section 19-1503
§19–1503.
Status: in_force

(a) The Board shall post a suitable notice in a conspicuous place on the location described in the application for at least 10 days before the application hearing.

(b) A notice under this section shall state the class of license for which application is made and the date, time, and location set by the Board for an application hearing.
Md. Code, Health - General § 19-214.3 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-214.3
§19–214.
Status: in_force

§19–214.3.

(a) (1) (i) The Commission shall establish a process for a patient or a patient’s authorized representative to file with the Commission a complaint against a hospital for an alleged violation of § 19–214.1 or § 19–214.2 of this subtitle.

(ii) The process established under subparagraph (i) of this paragraph shall:

1. Include the option for a patient or a patient’s authorized representative to file the complaint jointly with the Commission and the Health Education and Advocacy Unit; and

2. Provide the patient or the patient’s authorized representative with the following information:

A. The Health Education and Advocacy Unit is available to assist the patient or the patient’s authorized representative in filing and mediating a reconsideration request; and

B. The address, phone number, facsimile number, e–mail address, mailing address, and website of the Health Education and Advocacy Unit.

(2) (i) Subject to subparagraph (ii) of this paragraph, a complaint filed with the Commission is a public record and is subject to reasonable inspection.

(ii) The Commission shall deny inspection of the complainant’s name, address, or any other personal identifying information.

(3) The filing of a complaint under this subsection does not prevent an individual from:

(i) Exercising any right or seeking any remedy to which the individual may otherwise be entitled; or

(ii) Filing a complaint with any other agency or a court.

(b) (1) The remedies authorized under this section are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be a prerequisite to, or exclusive of, any other remedy.

(2) An individual or a governmental unit is not required to exhaust the administrative remedy authorized under this subtitle before filing suit.

(c) (1) A waiver by any patient or other individual of any protection provided by § 19–214.1, § 19–214.2, or § 19–214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.

(2) Except as prohibited by federal law, a provision in a hospital’s financial assistance policy or agreement between the patient and a hospital that waives any substantive or procedural right or remedy related to conduct prohibited by § 19–214.1, § 19–214.2, or § 19–214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.

(d) (1) If a hospital knowingly violates any provision of § 19–214.1 or § 19–214.2 of this subtitle or any regulation adopted under this subtitle, the Commission may impose a fine not to exceed $50,000 per violation.

(2) Before imposing a fine, the Commission shall consider the appropriateness of the fine in relation to the severity of the violation.

(3) A violation by a hospital or an outside collection agency of § 19–214.1 or § 19–214.2 of this subtitle or any regulation adopted under this subtitle is an unfair, abusive, and deceptive trade practice under the Maryland Consumer Protection Act.
Md. Code, Health - General § 19-1806 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1806
§19–1806.
Status: in_force

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

(2) “Continuing care” has the meaning stated in § 10–401 of the Human Services Article.

(3) “Continuing care agreement” has the meaning stated in § 10–401 of the Human Services Article.

(b) This section applies to assisted living programs that offer assisted living program services as part of a continuum of care in accordance with a continuing care agreement that does not require a subscriber to execute a separate assisted living agreement to receive those services.

(c) (1) An assisted living program subject to this section that meets the requirements of Title 10, Subtitle 4 of the Human Services Article with regard to assisted living is not required to execute a separate assisted living resident agreement that is in addition to the continuing care agreement.

(2) For purposes of paragraph (1) of this subsection, if a separate assisted living resident agreement is not utilized, references to a resident agreement in any regulations adopted under this subtitle shall mean the continuing care agreement.

(d) A continuing care agreement that contains a provision to provide assisted living program services and does not require a subscriber to execute a separate assisted living agreement to receive those services is not required to contain general or specific contract provisions, except as required under Title 10, Subtitle 4 of the Human Services Article, that apply to assisted living programs that are not subject to this section.

(e) (1) In addition to subsection (c) of this section, an assisted living program subject to this section is not required to provide a disclosure statement relating to its assisted living program separate from any disclosure statement required by Title 10, Subtitle 4 of the Human Services Article for continuing care.

(2) Any disclosure statement required to be provided to a resident under Title 10, Subtitle 4 of the Human Services Article shall include information that is required to be disclosed by an assisted living program in accordance with this subtitle.

(f) A transfer of a resident from an assisted living program subject to this section to another assisted living or continuing care arrangement governed by the same continuing care agreement may not be considered a relocation or discharge from the assisted living program for purposes of triggering any regulatory requirements adopted under this subtitle for matters relating to notice, financial accounting, or refunds.
Md. Code, Health - General § 19-327 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-327
§19–327.
Status: in_force

(a) (1) The Secretary shall deny a license to any applicant or revoke a license if the applicant or licensee has been convicted of a felony that relates to Medicaid or to a nursing home.

(2) The Secretary may deny a license to an applicant or revoke a license if the applicant or licensee does not meet the requirements of this subtitle or any rule or regulation that the Secretary adopts under this subtitle.

(b) The Secretary may deny a license to an applicant or revoke a license if the applicant or licensee violates Title 6.5 of the State Government Article.

(c) (1) Before any action is taken under this section, the Secretary shall give the applicant or licensee an opportunity for a hearing.

(2) The hearing notice to be given to the applicant or licensee shall be sent at least 10 days before the hearing.

(3) The applicant or licensee is entitled to be represented by counsel at the hearing.
Md. Code, Alcoholic Beverages and Cannabis § 19-1406 — MD Code / Article gab / Title 19 / Subtitle 14 / Section 19-1406
§19–1406.
Status: in_force

The Board shall destroy the criminal history record information obtained under § 4–107 of this article on completion of the application process.
Md. Code, Local Government § 19-233 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-233
§19–233.
Status: in_force

This part does not prevent the governing authority of a governmental entity from authorizing the issuance and sale of bonds the interest on which is not excludable from gross income for federal income tax purposes.
Md. Code, Local Government § 19-902 — MD Code / Article glg / Title 19 / Subtitle 9 / Section 19-902
§19–902.
Status: in_force

(a) This subtitle applies only to:

(1) charter counties;

(2) code counties; and

(3) municipalities.

(b) This subtitle applies only to a pension or retirement plan or system:

(1) that is closed to new membership; and

(2) under which a county or municipality is directly or indirectly obligated to pay or cause to be paid retirement, disability, death, or other benefits.
Md. Code, Health - General § 19-1416 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1416
§19–1416.
Status: in_force

(a) In this section, “family council” means a group of individuals who work together to protect the rights of and improve the quality of life of residents of a nursing home.

(b) (1) A family council for a nursing home may consist of the following members:

(i) Members of a resident’s family; or

(ii) An individual appointed by the resident, or if the resident is incapable of appointing an individual, an individual appointed by the resident’s family.

(2) (i) Subject to subparagraph (ii) of this paragraph, a family council may be created by the owner, operator, or staff of a nursing home.

(ii) Except as provided in paragraph (3) of this subsection, in order to facilitate the development of a family council, the owner, operator, or staff of a nursing home may lead the family council for no longer than 6 months at which time the family council shall be led by a member of the family council.

(3) On the written request of a family council, the nursing home may assist the family council in the administrative functions of operating the family council in a mutually agreed upon manner.

(c) A nursing home shall give each new or prospective resident the following written information about the family council:

(1) The name, address, and phone number of a current member of the family council;

(2) A brief description of the purpose and function of the family council;

(3) Instructions on how the resident or prospective resident may review the public files described in subsection (e) of this section; and

(4) The name, address, and phone number of the State or local ombudsman.

(d) A nursing home shall respond in writing to any written grievance or other written communication from the family council within 14 calendar days after receiving a communication.

(e) (1) A nursing home shall create and maintain a public correspondence file and a regulatory correspondence file for communications with a family council.

(2) The correspondence files shall include a copy of each written communication and response described in subsection (d) of this section.

(3) (i) The records in the regulatory file shall be unedited.

(ii) The records in the public file shall delete any information that identifies an individual resident.

(4) The public file may be reviewed by a resident, prospective resident, or the representative of either a resident or prospective resident during normal business hours and at any other time the nursing home agrees to make the public file available.

(5) The nursing home shall promptly comply with a request by a licensing authority to review the records in either the public or regulatory files.
Md. Code, Health - General § 19-358 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-358
§19–358.
Status: in_force

(a) A person may not operate a hospital or related institution unless issued a registration permit or licensed by the Secretary.

(b) A hospital may not provide or hold itself out as providing comprehensive physical rehabilitation services, as defined in § 19-1201 of this title, or operate as a special rehabilitation hospital unless the hospital is classified as a special rehabilitation hospital by the Secretary.

(c) Unless a health care facility is classified as a special rehabilitation hospital by the Secretary, a health care facility may only offer those physical rehabilitation services which are appropriate and necessary to the care, treatment, or support of the acute, chronic disease, or long-term care patient.

(d) (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.

(2) The Secretary may impose a civil money penalty not to exceed $10,000 for each offense under this section.
Md. Code, Insurance § 19-403 — MD Code / Article gin / Title 19 / Subtitle 4 / Section 19-403
§19–403.
Status: in_force

(a) The Commissioner may:

(1) determine whether the premium rates of an insurer adequately cover the risks applicable to a workers’ compensation insurance policy under Titles 9 and 10 of the Labor and Employment Article; and

(2) require the insurer to set premium rates that are adequate to cover those risks.

(b) Each insurer shall set premium rates for workers’ compensation insurance in accordance with the requirements of the Commissioner under subsection (a) of this section.

(c) (1) A person that violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(2) The Commissioner may revoke the certificate of authority of a person that is convicted under this section.
Md. Code, Health - General § 19-147 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-147
§19–147.
Status: in_force

(a) The Commission shall approve an entity that meets the requirements of this section to be a ratings examiner.

(b) To be approved by the Commission as a ratings examiner, an entity examining a physician rating system shall require a physician rating system to:

(1) Use only quality of performance and cost efficiency as measurement categories;

(2) Calculate and disclose separately measures of cost efficiency and quality of performance;

(3) Disclose clearly to physicians and enrollees the proportion of the component score for cost efficiency and quality of performance in each combined score;

(4) In determining quality of performance, use measures:

(i) That are based on nationally recognized, evidence–based or consensus–based clinical recommendations or guidelines; or

(ii) When available, that are endorsed by entities whose work in physician quality of performance is generally accepted in the health care system;

(5) Disclose to physicians who are subject to the physician rating system:

(i) The measurements for each criterion and the relative weight of each criterion and measurement in the overall rating of the physician;

(ii) 1. The basis for the carrier’s quality of performance ratings;

2. The data used to determine the quality of performance ratings; and

3. The relative weight or relevance of quality of performance to the overall rating of a physician in the physician rating system;

(iii) The basis for determining whether there is a sufficient number of patients and episodes of care for a given disease state and specialty to generate reliable ratings for a physician; and

(iv) The methodology used to determine how data is attributed to a physician;

(6) Use appropriate risk adjustments to account for the characteristics of the patient population seen by a physician in determining the quality of performance and cost efficiency of the physician;

(7) In measuring the cost efficiency of the performance of a physician:

(i) Compare physicians within the same specialty within the appropriate geographical market; and

(ii) Use appropriate and comprehensive episode of care computer software to evaluate the cost efficiency of the performance of a physician;

(8) (i) Include an appeals process that a physician subject to the physician rating system may use to appeal the rating received under the physician rating system; and

(ii) Based on the outcome of an appeal, make any necessary corrections to the data used to rate the physician in the physician rating system; and

(9) Disclose to physicians and enrollees how the perspectives of enrollees, consumer advocates, employers, labor unions, and physicians were incorporated into the development of the physician rating system.

(c) Notwithstanding subsection (b) of this section, an entity that has a physician performance rating certification program approved after August 1, 2008, by a national consortium of employer, consumer, and labor organizations working toward a common goal to ensure that all Americans have access to publicly reported health care performance information:

(1) Is deemed to be a ratings examiner under this part; and

(2) Is deemed to meet the requirements of subsection (b) of this section.
Md. Code, Health - General § 19-4A-03.1 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-03.1
§19–4A–03.
Status: in_force

§19–4A–03.1.

(a) In this section, “supervisory staff” means an individual who supervises direct care staff in the individual’s clinical role.

(b) This section does not apply to a residential service agency that only provides durable medical equipment.

(c) (1) Except as provided in subsection (d) of this section, beginning July 1, 2022, each residential service agency shall ensure that:

(i) Within 45 days after an individual’s start of employment as part of the residential service agency’s direct care or supervisory staff, the individual is trained to provide the care required by the clients of the residential service agency by, at a minimum, providing 3 hours of online or in–person training regarding dementia, including training regarding:

1. An overview of Alzheimer’s disease and dementia;

2. Person–centered care;

3. An understanding of the assessment and care planning process;

4. Activities of daily living; and

5. Alzheimer’s disease and dementia–related behaviors and communication; and

(ii) Each member of the residential service agency’s direct care or supervisory staff receives 2 hours of online or in–person continuing education training regarding Alzheimer’s disease and dementia each calendar year.

(2) The training required under paragraph (1) of this subsection may be provided by a supervisory staff member who is responsible for developing an individual’s plan of care and assigning appropriate personnel.

(d) A residential service agency is not required to provide the training:

(1) Described under subsection (c)(1)(i) of this section if the individual has:

(i) Provided Alzheimer’s disease or dementia–related direct care or supervisory services for at least 24 consecutive months before beginning employment with the residential service agency; and

(ii) Received from a residential service agency or other entity a certificate of completion issued under subsection (e) of this section; or

(2) Described under subsection (c)(1)(ii) of this section if the individual has completed the training described under subsection (c)(1)(ii) of this section in the immediately preceding 12 months.

(e) A person providing the training described under subsection (c) of this section shall issue a certificate of completion to each individual who completes the training.

(f) Each residential service agency shall maintain records that indicate the type of training received by each individual who has received a certificate of completion issued under subsection (e) of this section while employed by the residential service agency.
Md. Code, Health - General § 19-3B-03 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-03
§19–3B–03.
Status: in_force

(a) (1) After consultation with representatives of payors, health care practitioners, and freestanding ambulatory care facilities, the Secretary shall by regulation establish:

(i) Procedures to implement the provisions of this subtitle; and

(ii) Standards to ensure quality of care and patient safety that shall include:

1. Procedures for credentialing and practitioner performance evaluation;

2. Qualifications of health care practitioners and support personnel;

3. Procedures to be followed in the event of an emergency, including a requirement that in the event of an emergency the patient be transported to the nearest appropriate emergency care facility;

4. Procedures for quality control of any biomedical equipment;

5. Procedures for postoperative recovery;

6. Procedures for discharge;

7. Procedures for ensuring that an anesthesia practitioner is not precluded from providing the highest level of anesthesia support that may be required to safely treat patients undergoing procedures in a freestanding ambulatory surgical facility performed in a nonsterile procedure room or a sterile operating room;

8. The use of ultrasound imaging in a freestanding birthing center;

9. Minimum perinatal care standards for a freestanding birthing center that meet or exceed the Maryland Perinatal System Standards that a freestanding birthing center shall meet as a condition of licensure; and

10. Any other procedures that the Secretary considers necessary for quality of care and patient safety.

(2) The procedures for practitioner performance evaluation required under paragraph (1)(ii)1 of this subsection shall include a review of care provided to patients at the freestanding ambulatory care facility by members of the medical staff.

(3) The review of care shall:

(i) Be undertaken for cases chosen at random and for cases with unexpected adverse outcomes;

(ii) Be based on objective review standards;

(iii) Include a review of the appropriateness of the plan of care for the patient, particularly any medical procedures performed on the patient, in relation to the patient’s condition; and

(iv) Except as provided in paragraph (4) of this subsection, be conducted by at least two members of the medical staff who:

1. As appropriate, are of the same specialty as the member of the medical staff under review; and

2. Have been trained in the freestanding ambulatory care facility’s policies and procedures regarding practitioner performance evaluation.

(4) A review of the care provided by a member of the medical staff who is a solo practitioner shall be conducted by an external reviewer.

(5) A freestanding ambulatory care facility shall take into account the results of the practitioner performance evaluation process for a member of the medical staff in the reappointment process.

(b) If appropriate certification by Medicare is available, obtaining the certification shall be a condition of licensure for:

(1) An ambulatory surgical facility; and

(2) A kidney dialysis center.

(c) Each freestanding ambulatory care facility shall provide assurances satisfactory to the Secretary that the freestanding ambulatory care facility does not discriminate against patients, including discrimination based on ability to pay for nonelective procedures.

(d) The Secretary may delegate to the Kidney Disease Commission the Secretary’s authority under § 19–3B–07 of this subtitle to inspect kidney dialysis centers.

(e) (1) Except as provided in paragraph (2) of this subsection, the Department shall survey freestanding ambulatory care facilities in accordance with federal regulations.

(2) The Department shall survey each freestanding birthing center at least once per calendar year.
Md. Code, Health - General § 19-352 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-352
§19–352.
Status: in_force

(a) In this section, “nursing home” means a related institution that is classified as a nursing home.

(b) A nursing home may not assess an interest penalty on charges for services provided to a resident until, whichever is later in time:

(1) 45 days after the nursing home mails an itemized statement of the charges to the person responsible for payment of the charges; or

(2) 30 days after the end of the period for which the itemized statement of the charges covers.

(c) The nursing home shall include on the itemized statement of charges a statement in bold and conspicuous print as to when interest may be assessed consistent with the provisions of subsection (b) of this section.
Md. Code, Health - General § 19-409 — MD Code / Article ghg / Title 19 / Subtitle 4 / Section 19-409
§19–409.
Status: in_force

A person who operates a home health agency without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent offense.
Md. Code, Health - General § 19-357 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-357
§19–357.
Status: in_force

(a) A person who operates a hospital or related institution may not ask for or receive any rebate, commission, or other consideration from a pharmacy or other provider of drugs, prescriptions, or pharmaceutical services.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 and is subject to suspension or revocation of the license.

(c) In addition to the penalties provided in subsection (b) of this section, the Department may declare a person who violates this section to be ineligible to participate in the Maryland Medical Assistance Program.
Md. Code, Health - General § 19-109 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-109
§19–109.
Status: in_force

(a) In addition to the powers set forth elsewhere in this subtitle, the Commission may:

(1) Adopt rules and regulations to carry out the provisions of this subtitle;

(2) Create committees from among its members;

(3) Appoint advisory committees, which shall include consumers and may include representatives of interested public or private organizations, to make recommendations to the Commission on community–based services, long–term care, acute patient services, ambulatory surgical services, specialized health care services, residential treatment centers for emotionally disturbed children and adolescents, mental health and alcohol and drug abuse services, and any other topic or issue that the Commission considers necessary;

(4) Apply for and accept any funds, property, or services from any person or government agency;

(5) Subject to subsection (d) of this section, award any funds received from any person or government agency;

(6) Make agreements with a grantor or payor or with a grantee or payee of funds, property, or services, including an agreement to make any study, plan, demonstration, or project;

(7) Publish and give out any information that relates to the financial aspects of health care and is considered desirable in the public interest; and

(8) Subject to the limitations of this subtitle, exercise any other power that is reasonably necessary to carry out the purposes of this subtitle, including adopting regulations that set reasonable deadlines for filing of information or reports required under this subtitle and impose reasonable penalties for failure to file information or reports as required.

(b) In addition to the duties set forth elsewhere in this subtitle, the Commission shall:

(1) Adopt rules and regulations that relate to its meetings, minutes, and transactions;

(2) Keep minutes of each meeting;

(3) Prepare annually a budget proposal that includes the estimated income of the Commission and proposed expenses for its administration and operation;

(4) Beginning December 1, 2000, and each December 1 thereafter, submit to the Governor, the Secretary, and, subject to § 2–1257 of the State Government Article, the General Assembly an annual report on the operations and activities of the Commission during the preceding fiscal year, including:

(i) A copy of each summary, compilation, and supplementary report required by this subtitle; and

(ii) Any other fact, suggestion, or policy recommendation that the Commission considers necessary; and

(5) Except for confidential or privileged medical or patient information, make:

(i) Each report filed and each summary, compilation, and report required under this subtitle available for public inspection at the office of the Commission during regular business hours; and

(ii) Each summary, compilation, and report available to any other State agency on request.

(c) (1) The Commission may contract with a qualified, independent third party for any service necessary to carry out the powers and duties of the Commission.

(2) Unless permission is granted specifically by the Commission, a third party hired by the Commission may not release, publish, or otherwise use any information to which the third party has access under its contract.

(d) (1) In awarding funds under subsection (a)(5) of this section, the Commission shall:

(i) Use a competitive process that affords interested persons an opportunity to submit a proposal for funding; and

(ii) Evaluate proposals for funding using a panel that consists of internal and external evaluators.

(2) The Commission shall:

(i) Provide on its website information that is easily accessible to the general public about funds to be awarded under subsection (a)(5) of this section and how to submit a proposal; and

(ii) Submit, in accordance with § 2–1257 of the State Government Article, an annual report to the General Assembly listing all funds awarded under subsection (a)(5) of this section.
Md. Code, Health - General § 19-2109 — MD Code / Article ghg / Title 19 / Subtitle 21 / Section 19-2109
§19–2109.
Status: in_force

§19–2109. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2035 PER CHAPTER 386 OF 2024 //

(a) In addition to the duties set forth elsewhere in this subtitle, the Commission shall, to the extent budgeted resources permit:

(1) Establish by regulation the criteria to qualify as a community health resource under this subtitle;

(2) Establish by regulation the services that a community health resource shall provide to qualify as a community health resource under this subtitle;

(3) Require community health resources to submit a plan to the Commission on how the community health resource will provide or arrange to provide mental health services;

(4) Identify and seek federal and State funding for the expansion of community health resources;

(5) Establish by regulation the criteria for community health resources to qualify for operating grants and procedures for applying for operating grants;

(6) Administer operating grant fund programs for qualifying community health resources;

(7) Taking into consideration regional disparities in income and the cost of medical services, establish guidelines for sliding scale fee payments at community health resources that are not federally qualified health centers, for individuals whose family income is between 100% and 200% of the federal poverty guidelines;

(8) Identify and implement programs and policies to encourage specialist providers to serve individuals referred from community health resources;

(9) Identify and implement programs and policies to encourage hospitals and community health resources to partner to increase access to health care services;

(10) Establish a reverse referral pilot program under which a hospital will identify and assist patients in accessing health care services through a community health resource;

(11) Work with community health resources, hospital systems, and others to develop a unified information and data management system for use by all community health resources that is integrated with the local hospital systems to track the treatment of individual patients and that provides real–time indicators of available resources;

(12) Work in cooperation with clinical education and training programs, area health education centers, and telemedicine centers to enhance access to quality primary and specialty health care for individuals in rural and underserved areas referred by community health resources;

(13) Evaluate the feasibility of developing a capital grant program for community health resources that are not federally qualified health centers;

(14) Develop an outreach program to educate and inform individuals of the availability of community health resources and assist individuals under 200% of the federal poverty level who do not have health insurance to access health care services through community health resources;

(15) Study school–based health center funding and access issues including:

(i) Reimbursement of school–based health centers by managed care organizations, insurers, nonprofit health service plans, and health maintenance organizations; and

(ii) Methods to expand school–based health centers to provide primary care services;

(16) Study access and reimbursement issues regarding the provision of dental services;

(17) Evaluate the feasibility of extending liability protection under the Maryland Tort Claims Act to health care practitioners who contract directly with a community health resource that is also a Maryland qualified health center or a school–based health center; and

(18) Establish criteria and mechanisms to pay for office–based specialty care visits, diagnostic testing, and laboratory tests for uninsured individuals with family income that does not exceed 200% of the federal poverty guidelines who are referred through community health resources.

(b) The reverse referral pilot program established under subsection (a)(10) of this section shall include at least one hospital and one community health resource from a rural, urban, and suburban area of this State.

(c) The Commission, in developing and implementing the outreach program established under subsection (a)(14) of this section, shall consult and coordinate with the Motor Vehicle Administration, workforce development boards, local departments of social services, local health departments, Medbank Inc., the Comptroller, the Maryland Health Care Commission, hospitals, community health resources, and physicians to provide outreach and consumer information.

(d) The Commission, in conducting the school–based health center study required under subsection (a)(15) of this section, shall:

(1) Solicit input from and consult with local governments that operate school–based health centers, the State Department of Education, the Maryland Insurance Commissioner, representatives from school–based health centers, providers, and insurers; and

(2) Identify the following:

(i) A fee schedule for individuals accessing a school–based community health center;

(ii) Reimbursement rates to be paid by managed care organizations and insurers, nonprofit health services plans, and health maintenance organizations to the school–based community health center;

(iii) Insurance payments owed to school–based community health centers and how much of the payments should be collected to offset any State subsidy;

(iv) Barriers to the reimbursement of licensed health care providers who provide services at school–based health centers, including nurse practitioners and physician assistants;

(v) A system of registering individuals who receive health care services from a school–based community health center that requires an individual to pay premiums and sliding scale fees; and

(vi) Security measures to be used by school–based community health centers.

(e) The Commission, in conducting the dental services study required under subsection (a)(16) of this section, shall select input from and consult with community health resources that provide dental services, managed care organizations, the University of Maryland School of Dentistry, and dental service providers.
Md. Code, Alcoholic Beverages and Cannabis § 19-1305 — MD Code / Article gab / Title 19 / Subtitle 13 / Section 19-1305
§19–1305.
Status: in_force

(a) There is a 1–day wine tasting (WT) license.

(b) The Board may issue the license to a holder of a Class A wine (W) license, beer and wine (BW) license, or beer, wine, and liquor (BWL) license.

(c) The license authorizes the holder to allow the consumption of wine for tasting if:

(1) the license holder is authorized to sell the wine; and

(2) the consumer is not charged for the wine.

(d) The Board may not require the publication of an application for a WT license before issuing the license.

(e) An individual may consume wine covered by the license in a quantity of not more than:

(1) 1 ounce from each offering; and

(2) 4 ounces from all offerings in a day.

(f) The license fee is $25 per day.
Md. Code, Health - General § 19-3A-04 — MD Code / Article ghg / Title 19 / Subtitle 3A / Section 19-3A-04
§19–3A–04.
Status: in_force

The governing body of any county may adopt rules and regulations governing freestanding medical facilities more restrictive than the regulations adopted by the Department.
Md. Code, Business Occupations and Professions § 19-314 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-314
§19–314.
Status: in_force

(a) Subject to this section, the Secretary shall commence proceedings under § 19-313 of this subtitle on the Secretary’s own complaint or on a complaint made to the Secretary by any person.

(b) (1) A complaint shall:

(i) be in writing;

(ii) be signed by the complainant; and

(iii) state specifically the facts on which the complaint is based.

(2) If a complaint is made by any person other than the Secretary, the complaint shall be made under oath by the person who submits the complaint.

(c) (1) On receipt of a complaint that alleges facts that are grounds for action under § 19-313 of this subtitle, the Secretary shall appoint an officer of the Department of State Police, with the rank of lieutenant or above, as the investigating officer for the complaint.

(2) The investigating officer may assign responsibility for conducting the investigation to other members of the Department of State Police.

(d) (1) On conclusion of the investigation, the investigating officer shall determine whether there is a reasonable basis to believe that there are grounds for disciplinary action under § 19-313 of this subtitle.

(2) If the investigating officer finds a reasonable basis as provided under paragraph (1) of this subsection, the Secretary shall act on the complaint as provided under § 19-315 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 19-2602 — MD Code / Article gab / Title 19 / Subtitle 26 / Section 19-2602
§19–2602.
Status: in_force

In addition to the sheriff who may serve a summons under § 6–204 of this article, an inspector assigned to the Board may serve a summons.
Md. Code, Health - General § 19-348 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-348
§19–348.
Status: in_force

(a) (1) Each hospital shall offer to each adult female inpatient of the hospital a Papanicolaou smear for detection of cervical cancer unless:

(i) The attending physician orders otherwise; or

(ii) The patient has had the examination within the preceding year.

(2) A patient may refuse the examination.

(b) (1) Each hospital shall offer mammography educational materials to each female patient when medically appropriate for the patient.

(2) The Department, in collaboration with the Maryland Hospital Association, the Medical and Chirurgical Faculty of Maryland, and appropriate advocacy groups, shall select and approve, or develop and print, and update as necessary, mammography educational materials for the purposes of paragraph (1) of this subsection.
Md. Code, Business Occupations and Professions § 19-607 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-607
§19–607.
Status: in_force

(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(b) The fines assessed under §§ 19-313 and 19-408 of this title may not exceed $5,000 per violation, or a maximum aggregate of $10,000 for a 2-year license term, and shall be paid to the Secretary within 10 days after final adjudication of any hearing or upon the waiver of any hearing.

(c) Notwithstanding the provisions of §§ 19-313 and 19-408 of this title, the Secretary may fine either the licensed agency or the individual working on behalf of the licensed agency, but not both, for the same violation.
Md. Code, Local Government § 19-205 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-205
§19–205.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies only to the following governmental entities:

(i) a county;

(ii) a public corporation or other political subdivision of the State; or

(iii) an instrumentality or agency of a county, public corporation, or other political subdivision of the State.

(2) This section does not apply to the following governmental entities:

(i) Baltimore City;

(ii) a municipality; or

(iii) a housing authority under Division II of the Housing and Community Development Article.

(b) (1) This section does not apply if the total principal amount of the authorized issue is $25,000 or less.

(2) This section does not apply to a bond that:

(i) matures within 1 year after the date of issue and is issued:

1. in anticipation of taxes;

2. to meet current expenses; or

3. to meet an emergency;

(ii) is sold to the United States or a unit or instrumentality of the United States;

(iii) is issued under a plan of composition approved in a proceeding under Chapter IX of the United States Bankruptcy Act; or

(iv) is issued under any other plan to refund or refinance in exchange, bond for bond, for an outstanding maturing debt, other than:

1. a current or floating debt; or

2. a bond under item (i) of this paragraph.

(3) This section does not apply if:

(i) the proceeds of the sale of bonds are to be used with a grant from the United States or a unit or instrumentality of the United States to finance public works; and

(ii) in the opinion of the Attorney General, the agreement or other writing referring to the grant conditions the grant on the prior execution, by the governmental entity and a prospective buyer, of a contract for the sale of the bonds when issued.

(4) This section does not apply to bond or grant anticipation notes issued under Part III of this subtitle.

(5) This section does not apply to a bond issued under an enabling act that:

(i) states that this section does not apply; or

(ii) provides a different method for the sale of the bonds.

(c) A governmental entity shall offer bonds at a public sale.

(d) (1) A governmental entity shall give notice of a public sale of bonds at least twice in at least one newspaper of general circulation in the area in which the governmental entity is located.

(2) The first publication shall appear at least 10 days before the date of the sale.

(3) The notice shall:

(i) be in the form required in the ordinance or resolution that authorizes the issuance of the bonds;

(ii) state the date, time, and place of the public sale;

(iii) reference the enabling act that authorized the bonds;

(iv) state the date of issue;

(v) state the total principal amount;

(vi) state the schedule of maturities;

(vii) state the interest payable or the manner of determining the interest;

(viii) state the purpose for which the proceeds will be used;

(ix) describe the general form of the bonds, including whether the bonds will be:

1. in coupon or registered form; and

2. registrable as to principal or interest or both;

(x) state that each bid must be made in writing by sealed proposal; and

(xi) state the amount of the good faith deposit that the governmental entity has determined must accompany the bid.

(4) The notice may reserve to the governmental entity the right to reject any or all bids.

(e) Except as provided in subsection (f) of this section, the governmental entity shall sell the bonds to the highest bidder or bidders at the public sale.

(f) (1) If the governmental entity has reserved the right to reject bids and does reject all bids, the governmental entity, within 30 days after rejecting all the bids, may sell the bonds at a private sale for not less than the highest amount bid by an acceptable bidder at the public sale.

(2) If the governmental entity fails to sell the bonds at a private sale within the 30–day period under paragraph (1) of this subsection, the governmental entity may sell the bonds only at another public sale after notice as required in subsection (d) of this section.
Md. Code, Insurance § 19-308 — MD Code / Article gin / Title 19 / Subtitle 3 / Section 19-308
§19–308.
Status: in_force

(a) (1) This subsection does not apply to a contract to insure an owner-occupied dwelling for one to four families.

(2) If an antiarson application is required under this subtitle with regard to a building, an insurer may not enter into a contract to be issued after July 1, 1982, to insure the building against the peril of fire unless the insurer first receives an antiarson application signed and affirmed by the insured.

(b) The designation of any geographic area of the State by the Commissioner under this subtitle is not a valid reason for an insurer to refuse to issue or renew or to terminate any policy or insurance contract.
Md. Code, Health - General § 19-707 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-707
§19–707.
Status: in_force

(a) A health maintenance organization shall obtain from the Commissioner a certificate of authority to operate as a health maintenance organization before it may issue any contract or certificate to a member, provide any health care services to a member, or otherwise operate in this State.

(b) Except as permitted by the Commissioner and subject to the rules and regulations adopted under this subtitle, a health maintenance organization that does not have a certificate of authority may not contact potential members to discuss the health care services the health maintenance organization proposes to offer if a certificate of authority is granted.
Md. Code, Health - General § 19-735 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-735
§19–735.
Status: in_force

(a) Any foreign health maintenance organization with a certificate of authority to operate a health maintenance organization in this State may become a domestic health maintenance organization of this State by complying with all of the requirements of the law relating to the formation and organization of a domestic health maintenance organization and by designating its principal place of business at a place in this State. On becoming a domestic health maintenance organization, the health maintenance organization shall be entitled to certificates and licenses to transact business in this State issued to domestic health maintenance organizations, and shall be given recognition in all respects as a health maintenance organization formed under the laws of this State as of the date of authorization as a health maintenance organization in its original domiciliary state, district, territory, commonwealth, or possession of the United States of America, and shall be subject to the authority and jurisdiction of this State.

(b) (1) The certificate of authority, insurance producers’ appointments, rates, and other forms which the Commissioner allows which are in existence at the time any foreign health maintenance organization with a certificate of authority to operate a health maintenance organization in this State transfers its corporate domicile to this State or to any other state by merger, consolidation, or any other lawful method shall continue in full force and effect on transfer if the health maintenance organization at all times retains a certificate of authority in this State.

(2) All outstanding subscriber contracts of a transferring health maintenance organization shall remain in full force and effect and need not be endorsed as to the new name of the health maintenance organization or its new domiciliary and location unless so ordered by the Commissioner.

(3) A transferring health maintenance organization may file new contract forms with the Commissioner on or before the effective date of the transfer, or may use any existing contract form previously filed with the Commissioner with appropriate endorsements if allowed by and under such conditions as approved by the Commissioner.

(4) A foreign health maintenance organization transferring its domicile to another state shall notify the Commissioner of the details of the proposed transfer, and shall file promptly any resulting amendments to corporate documents and other items on file with the Commissioner.
Md. Code, Alcoholic Beverages and Cannabis § 19-204 — MD Code / Article gab / Title 19 / Subtitle 2 / Section 19-204
§19–204.
Status: in_force

The inspector assigned to the Board may serve a summons.
Md. Code, Health - General § 19-502 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

(a) There are chronic disease centers in the State for individuals who:

(1) Need constant medical and nursing care by reason of chronic illness or infirmity; or

(2) Have a chronic disability amenable to rehabilitation.

(b) One center shall be located in each of the following places:

(1) The Eastern Shore; and

(2) The western part of this State.

(c) The Secretary also shall operate any other centers established by law and placed under the jurisdiction of the Secretary for the care of individuals who have chronic diseases.
Md. Code, Health - General § 19-108.1 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-108.1
§19–108.
Status: in_force

§19–108.1.

(a) In addition to the duties set forth elsewhere in this subtitle, the Commission shall maintain on its website an application that a small business may use to compare premiums of health benefit plans offered by health insurance carriers under Title 15, Subtitle 12 of the Insurance Article.

(b) The application required under this section shall provide information on:

(1) Premiums for health benefit plans sold under Title 15, Subtitle 12 of the Insurance Article, categorized by age bands; and

(2) Premiums for health benefit plans sold under Title 15, Subtitle 12 of the Insurance Article that include riders typically purchased by small employers in the State.

(c) The Commission shall update the information required under this section at least quarterly.
Md. Code, Health - General § 19-1902 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1902
§19–1902.
Status: in_force

(a) Before an eligible employee may begin work for an adult dependent care program, each adult dependent care program shall, for each eligible employee:

(1) (i) Apply for a State criminal history records check; or

(ii) Request a private agency to conduct a background check; and

(2) Request a reference from the potential employee’s most recent employer.

(b) The reference request required under subsection (a)(2) of this section shall, at a minimum, seek information about any history of physical abuse on the part of the potential employee.

(c) An adult dependent care program shall pay for each eligible employee:

(1) A State criminal history records check; or

(2) A private agency background check.

(d) If an adult dependent care program requests a private agency to conduct a background check, the private agency shall conduct a background check in each state in which the adult dependent care program knows or has reason to know the eligible employee worked or resided during the past 7 years.
Md. Code, Health - General § 19-365 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-365
§19–365.
Status: in_force

(a) Escrowed funds may be released by the escrow agent:

(1) If the related institution can present specific bills (vouchers) for correcting the hazardous condition which have been certified by the Secretary as appropriate; and

(2) In the absence of bills or vouchers, the related institution has received written approval from the Secretary that the expenditure is appropriate for correcting the hazardous condition.

(b) The escrow is terminated and the balance, if any, in the account is returned to the related institution when:

(1) The Secretary certifies that the hazardous condition is corrected;

(2) After the time period set by the Secretary, the Secretary certifies that adequate progress has been made toward correcting the hazardous condition; or

(3) The related institution changes ownership.
Md. Code, Business Regulation § 19-605 — MD Code / Article gbr / Title 19 / Subtitle 6 / Section 19-605
§19–605.
Status: in_force

An international marriage broker may disclose personal contact information on a recruit only after obtaining consent from the recruit, written in the recruit’s native language.
Md. Code, Health - General § 19-1411 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1411
§19–1411.
Status: in_force

(a) (1) Each nursing home shall designate a physician to serve as medical director.

(2) The medical director is responsible for monitoring physician services at the nursing home.

(3) The medical director shall report monthly to the quality assurance committee on the quality of medical care at the nursing home.

(b) The Secretary, in consultation with the Medical and Chirurgical Faculty of Maryland, and representatives of the nursing home industry, shall:

(1) Establish qualifications for the medical director of a nursing home or anyone acting for the medical director in his or her absence;

(2) Define the duties of the medical director; and

(3) Adopt regulations for the attending physicians who treat residents of nursing homes that will provide for physician accountability.
Md. Code, Health - General § 19-1405 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1405
§19–1405.
Status: in_force

(a) When the Department determines that there is a deficiency in a nursing home, the Department may appoint an independent monitor to oversee efforts made by the nursing home to achieve compliance with State and federal regulations governing nursing homes that participate in the Medicare and Medicaid programs.

(b) The appointment of a State monitor is an intermediate sanction that may be in addition to or in lieu of other sanctions.

(c) The State monitor’s duties may include:

(1) Periodic inspections of a nursing home for the purpose of assessing the nursing home’s compliance with State and federal regulations; and

(2) Reporting to the Department and the nursing home its findings.

(d) The State monitor may not be an employee of the Department.

(e) A nursing home shall be responsible for the costs associated with the appointment of a State monitor to the nursing home.
Md. Code, Alcoholic Beverages and Cannabis § 19-604 — MD Code / Article gab / Title 19 / Subtitle 6 / Section 19-604
§19–604.
Status: in_force

(a) There is a Class D beer license.

(b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on– and off–premises consumption.

(2) A license may not be issued for a drugstore.

(c) The annual license fee is $250.
Md. Code, Health Occupations § 19-103 — MD Code / Article gho / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
Md. Code, Business Regulation § 19-503 — MD Code / Article gbr / Title 19 / Subtitle 5 / Section 19-503
§19–503.
Status: in_force

A person who violates § 19–502 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
Md. Code, Business Regulation § 19-601 — MD Code / Article gbr / Title 19 / Subtitle 6 / Section 19-601
§19–601.
Status: in_force

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

(b) “Basic rights information” means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources.

(c) “Client” means an individual who is a citizen or resident of the United States and the State of Maryland and who uses the services of an international marriage broker to meet recruits.

(d) “Criminal history record information” means criminal history record information as described in § 10–201 of the Criminal Procedure Article.

(e) (1) “International marriage broker” means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to Maryland residents dating, matrimonial, or social referral services involving recruits by:

(i) exchanging names, telephone numbers, addresses, photographs, or statistics or otherwise facilitating communication between a client and a recruit; or

(ii) providing a social environment for introducing clients to recruits in person.

(2) “International marriage broker” does not include:

(i) a traditional marriage broker that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or

(ii) an entity that provides dating services if its principal business is not to provide international dating services between Maryland residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship.

(f) “Marital history information” means a declaration of an individual’s current marital status, the number of times the individual has been married, the number of domestic violence protective orders issued against the individual, and whether any previous marriage occurred as a result of receiving services from an international marriage broker.

(g) “Recruit” means an individual who is not a citizen or resident of the United States and who uses the services of or is recruited by an international marriage broker for dating, matrimonial, or social referral services.
Md. Code, Local Government § 19-213 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-213
§19–213.
Status: in_force

(a) Bond and grant anticipation notes issued under this part shall be authorized by ordinance, resolution, or other form of official action customarily used by the governmental entity.

(b) (1) The ordinance, resolution, or other form of official action that authorizes the bond or grant anticipation notes shall state:

(i) the authority for the notes and, if the notes are bond anticipation notes, the authority for the bonds;

(ii) the amount of notes authorized; and

(iii) the terms of the notes.

(2) The ordinance, resolution, or other form of official action shall specify that the notes:

(i) be sold in a certain manner, at public sale or, if the governmental entity considers private negotiation to be in its best interest, at private sale;

(ii) mature at certain times;

(iii) bear interest at certain rates or at rates to be determined in the manner stated in the ordinance, resolution, or other form of official action; and

(iv) be sold for certain prices or for prices to be determined in the manner stated in the ordinance, resolution, or other form of official action, which may be at, above, or below par.

(3) The ordinance, resolution, or other form of official action may provide that the notes:

(i) be in one or more series, as money is required; and

(ii) be renewable at maturity with or without resale.
Md. Code, Alcoholic Beverages and Cannabis § 19-1402 — MD Code / Article gab / Title 19 / Subtitle 14 / Section 19-1402
§19–1402.
Status: in_force

At the time an application for a license is filed, an applicant shall be a resident of the county.
Md. Code, Health - General § 19-360 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-360
§19–360.
Status: in_force

(a) This section applies to:

(1) Nonaccredited hospitals found in violation of the standards adopted under this subtitle;

(2) Accredited hospitals:

(i) Found deficient as a result of the complaint review process; or

(ii) Subject to inspection by the Department under § 19–2302(e) of this title as a result of a serious or life–threatening patient care deficiency identified by the Joint Commission on Accreditation of Healthcare Organizations, the Centers for Medicare and Medicaid Services, or the Department;

(3) Accredited residential treatment centers subject to inspection by the Department under § 19–2302(e) of this title as a result of a serious or life–threatening patient care deficiency identified by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, the Centers for Medicare and Medicaid Services, or the Department; and

(4) Health care facilities that fail to achieve substantial compliance with the standards of an approved accreditation organization under § 19–2302(c)(2) of this title.

(b) (1) If conditions are found to be detrimental to patient health, safety, or welfare, the Department shall allow the hospital, residential treatment center, or health care facility 30 days to address the deficiencies in other than serious or life-threatening situations.

(2) If corrections cannot be completed within the 30-day period, the Department may accept a plan of correction from the hospital, residential treatment center, or health care facility based upon evidence that corrective action has been undertaken by the hospital or residential treatment center.

(3) Periodic updates of the plan of correction from the hospital, residential treatment center, or health care facility may be requested by the Department.

(c) If a serious or life-threatening condition is found to exist, the Department may order the hospital, residential treatment center, or health care facility to initiate immediate corrective action, and the hospital or residential treatment center shall be subject to inspection by the Department under § 19-308 of this subtitle.

(d) If the Secretary determines that a serious or life-threatening patient care deficiency exists and the hospital, residential treatment center, or health care facility fails to correct the deficiency through implementation of immediate corrective action, the Secretary may:

(1) For an accredited hospital or accredited residential treatment center:

(i) Revoke or restrict the licensure entitlement of § 19-319(c)(2) of this subtitle;

(ii) Impose a civil monetary penalty of not more than $10,000 per instance or per day;

(iii) Impose a directed plan of correction; and

(iv) Impose appropriate operating conditions.

(2) For an unaccredited hospital or health care facility:

(i) Revoke or restrict the license to operate;

(ii) Impose a civil monetary penalty of not more than $10,000 per instance or per day;

(iii) Impose a directed plan of correction; and

(iv) Impose appropriate operating conditions.

(e) In determining the action to be taken under subsection (d) of this section, the Secretary shall consider the following factors:

(1) The number, nature, and seriousness of the patient care deficiencies;

(2) The extent to which the patient care deficiency or deficiencies are part of an ongoing pattern during the preceding 24 months;

(3) The degree of risk to the health, life, or safety of the patients of the hospital, residential treatment center, or health care facility caused by the patient care deficiency or deficiencies;

(4) The efforts made by, and the ability of, the hospital, residential treatment center, or health care facility to correct the patient care deficiency or deficiencies through implementation of immediate corrective action; and

(5) The hospital’s, residential treatment center’s, or health care facility’s history of compliance.

(f) The remedies provided by this section are in addition to any other remedies available to the Department at law or equity.
Md. Code, Business Regulation § 19-501 — MD Code / Article gbr / Title 19 / Subtitle 5 / Section 19-501
§19–501.
Status: in_force

This subtitle does not apply to:

(1) the use of an active service member’s name, portrait, picture, or image in an attempt to portray, describe, or impersonate that active service member in a live performance, single and original work of fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work, if the performance, fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work does not constitute a commercial advertisement for any product, good, ware, or merchandise;

(2) the use of an active service member’s name, portrait, picture, or image for noncommercial purposes, including any news, public affairs, or sports broadcast or account;

(3) the use of an active service member’s name in truthfully identifying the active service member as the author of a particular work or program or as the performer in a particular performance;

(4) any promotional materials, advertisements, or commercial announcements for a use described in item (1), (2), or (3) of this section;

(5) unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by a person with the authority to grant consent for use under § 19–503 of this subtitle, the use of photographs, video recordings, and images by a person practicing professional photography to exhibit, in or about the professional photographer’s place of business or portfolio, samples of the professional photographer’s work;

(6) the use of an active service member’s picture, portrait, or image that is not facially identifiable; and

(7) a photograph of a monument or a memorial that is placed on any product, good, ware, or merchandise.
Md. Code, Local Government § 19-105 — MD Code / Article glg / Title 19 / Subtitle 1 / Section 19-105
§19–105.
Status: in_force

The governing body of Frederick County shall establish and maintain a bond rating enhancement reserve.
Md. Code, Alcoholic Beverages and Cannabis § 19-1309 — MD Code / Article gab / Title 19 / Subtitle 13 / Section 19-1309
§19–1309.
Status: in_force

(a) There is a Class C per diem beer and a Class C per diem beer and wine license.

(b) A holder of a Class C per diem beer license or a Class C per diem beer and wine license:

(1) may cater an event conducted by a club at the place described in the license on the effective days of the license;

(2) shall distribute at the event for which the license is issued a wristband to each individual who is at least 21 years old; and

(3) may not serve an alcoholic beverage to any individual who does not wear the wristband.

(c) The fee for a Class C per diem beer license or Class C per diem beer and wine license is $25 per day.

(d) A person who violates this section is subject to:

(1) for a first offense, a fine of $50; and

(2) for a subsequent offense, a fine not exceeding $500 and denial of subsequent requests for a license for catering additional events.
Md. Code, Health - General § 19-802 — MD Code / Article ghg / Title 19 / Subtitle 8 / Section 19-802
§19–802.
Status: in_force

The General Assembly finds that:

(1) Problem gambling is a serious social problem;

(2) There is evidence that the availability of gambling increases the risk of becoming a problem gambler; and

(3) This State, with its extensive legalized gambling, has an obligation to provide a program of treatment for problem gamblers.
Md. Code, Local Government § 19-104 — MD Code / Article glg / Title 19 / Subtitle 1 / Section 19-104
§19–104.
Status: in_force

The County Commissioners of Calvert County:

(1) may charge a fee for the issuance of tax–exempt private activity bonds; and

(2) shall dedicate the proceeds of the fee to the Economic Development Loan Fund of the county.
Md. Code, Alcoholic Beverages and Cannabis § 19-801 — MD Code / Article gab / Title 19 / Subtitle 8 / Section 19-801
§19–801.
Status: in_force

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.
Md. Code, Health - General § 19-804 — MD Code / Article ghg / Title 19 / Subtitle 8 / Section 19-804
§19–804.
Status: in_force

(a) (1) The Secretary shall make grants from or agreements for the use of State funds, including the funds provided under § 9–1A–33 of the State Government Article, and federal funds to help public agencies or nonprofit organizations operate the network of clinically appropriate services for problem gamblers who reside in the State to provide the following:

(i) Inpatient and residential services;

(ii) Outpatient services;

(iii) Intensive outpatient services;

(iv) Continuing care services;

(v) Educational services;

(vi) Services for victims of domestic violence; and

(vii) Other preventive or rehabilitative services or treatment.

(2) Research and training that are designed to improve or extend these services are proper items of expense.

(b) The Secretary shall conduct a prevalence study and replication prevalence studies to measure the rate of problem and pathological gambling in the State.

(c) (1) Subject to paragraph (2) of this subsection, the Secretary shall contract with an independent researcher to conduct the prevalence studies.

(2) The Secretary shall utilize the most current psychiatric or diagnostic criteria for problem and pathological gambling as the basis for the prevalence studies.

(d) The initial prevalence study shall be completed on or before July 1, 2009.

(e) Replication prevalence studies shall be conducted no less than every 5 years with measures taken to permit comparisons between the initial prevalence study and subsequent replication prevalence studies.

(f) Services under this subtitle shall be provided by public agencies or, under contract, by nonprofit organizations.
Md. Code, Insurance § 19-110 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-110
§19–110.
Status: in_force

An insurer may disclaim coverage on a liability insurance policy on the ground that the insured or a person claiming the benefits of the policy through the insured has breached the policy by failing to cooperate with the insurer or by not giving the insurer required notice only if the insurer establishes by a preponderance of the evidence that the lack of cooperation or notice has resulted in actual prejudice to the insurer.
Md. Code, Health - General § 19-202 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-202
§19–202.
Status: in_force

There is a State Health Services Cost Review Commission. The Commission is an independent commission that functions in the Department.
Md. Code, Health - General § 19-372 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-372
§19–372.
Status: in_force

(a) (1) Each advisory committee shall consist of at least 4 members, including:

(i) A physician not directly involved with the care of the patient in question;

(ii) A registered nurse not directly involved with the care of the patient in question;

(iii) A social worker; and

(iv) The chief executive officer or a designee from each hospital and each related institution represented on that advisory committee.

(2) The advisory committee may consist of as many other individuals as each represented hospital and related institution may choose, including:

(i) Representatives of the community; and

(ii) Ethical advisors or clergy.

(3) As part of the advisory committee’s deliberations, the advisory committee, in appropriate cases, shall consult:

(i) All members of the patient’s treatment team;

(ii) The patient;

(iii) The patient’s family; and

(iv) In a case involving the options for medical care and treatment of a child with a life-threatening condition, a medical professional familiar with pediatric end-of-life care, if a medical professional with this expertise is not already a member of the committee.

(b) The petitioner may be accompanied by any persons the petitioner desires.
Md. Code, Business Regulation § 19-308 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-308
§19–308.
Status: in_force

(a) (1) In this section, “plastic secondary packaging” means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items.

(2) “Plastic secondary packaging” includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging.

(b) Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items.

(c) (1) Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging.

(2) For each transaction subject to paragraph (1) of this subsection, the purchaser shall:

(i) verify the seller’s identity by a driver’s license or other government–issued identification; and

(ii) make a record of each transaction that includes:

1. the name, address, telephone number, and signature of the seller or the seller’s authorized representative;

2. the name and address of the purchaser;

3. the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging;

4. a description of the items sold, including the number of units; and

5. the date of the transaction.

(d) The purchaser shall keep the records required by this section for at least 1 year after the date of purchase.

(e) A person that violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and

(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Md. Code, Health - General § 19-135 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-135
§19–135.
Status: in_force

(a) The Commission may implement a system to encourage health care practitioners to voluntarily control the costs of health care services.

(b) The Commission may require health care practitioners of selected health care specialties to cooperate with licensed operators of clinical resource management systems that allow health care practitioners to critically analyze their charges and utilization of services in comparison to their peers.

(c) If the Commission determines that clinical resource management systems are not available in the private sector, the Commission, in consultation with interested parties including payors, health care practitioners, and the Association of Maryland Hospitals and Health Systems, may develop a clinical resource management system.

(d) The Commission may adopt regulations to govern the licensing of clinical resource management systems to ensure the accuracy and confidentiality of information provided by the system.
Md. Code, Alcoholic Beverages and Cannabis § 19-1601 — MD Code / Article gab / Title 19 / Subtitle 16 / Section 19-1601
§19–1601.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, the Board may not issue a new license for an establishment that is within 300 feet in a direct line of a place of worship or a public or nonpublic kindergarten, elementary, or secondary school.

(2) The distance from the establishment to the place of worship or the public or nonpublic kindergarten, elementary, or secondary school is to be measured from the establishment in a direct line to the nearest point of the main building of the place of worship or school.

(b) The prohibition against issuing a license in subsection (a) of this section does not apply to the issuance of:

(1) a license for a premises that was licensed on October 1, 1996;

(2) a Class B (on–sale) beer, wine, and liquor license for a premises in Cambridge, Secretary, or Hurlock;

(3) a temporary license;

(4) an arts beer and wine license if the Board receives written consent to the issuance of the license from each place of worship or school located within 300 feet in a direct line of the establishment for which the license is sought; or

(5) a venue beer, wine, and liquor license if the Board receives written consent to the issuance of the license from each place of worship or school located within 300 feet in a direct line of the establishment for which the license is sought.
Md. Code, Health - General § 19-4A-07 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-07
§19–4A–07.
Status: in_force

A person may not operate, attempt to operate, or hold one’s self out as operating a residential service agency, unless the person is licensed under this subtitle.
Md. Code, Health - General § 19-1907 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1907
§19–1907.
Status: in_force

(a) (1) The Department shall conduct the criminal history records check and issue the printed statement provided for under this subtitle.

(2) The Department shall update an initial criminal history records check and issue a revised printed statement, listing any of the convictions or pending charges occurring in the State after the date of the initial criminal history records check.

(3) The Department shall provide an initial and a revised statement of an eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.

(4) The Department shall adopt regulations requiring employers to verify periodically the continuing employment of an employee.

(b) The Department shall provide a printed statement of the eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.

(c) Information obtained from the Department or a private agency under this subtitle shall be confidential and may be disseminated only to the eligible employee who is the subject of the criminal history records check or private agency background check and to an adult dependent care program seeking to hire the eligible employee.

(d) Information obtained from the Department or a private agency under this subtitle may not:

(1) Be used for any purpose other than that for which it was disseminated; or

(2) Be redisseminated.

(e) Information obtained from the Department or a private agency under this subtitle shall be maintained in a manner to insure the security of the information.
Md. Code, Health - General § 19-1408 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1408
§19–1408.
Status: reserved

§19–1408. IN EFFECT

(a) (1) Subject to subsection (c) of this section, the Department shall make a site visit and conduct a full survey of each licensed nursing home at least once per calendar year.

(2) Unless otherwise required by federal law, all surveys shall be unannounced.

(b) (1) Subject to paragraph (2) of this subsection, the Department shall initiate an investigation of a nursing home complaint alleging actual harm within 10 business days after receiving the complaint.

(2) If the Department receives a complaint against a nursing home alleging immediate jeopardy to a resident, the Department:

(i) Shall make every effort to investigate the complaint within 24 hours after receiving the complaint; and

(ii) Shall investigate the complaint not later than 48 hours after receiving the complaint.

(c) If ownership of a licensed nursing home is transferred to a person that does not own or operate another nursing home in the State at the time of the transfer, the Department shall conduct:

(1) The first full survey of the licensed nursing home as required under subsection (a) of this section within 3 months after the date of transfer; and

(2) An unannounced, on–site follow–up survey of the licensed nursing home that covers any deficiencies noted in the full survey within 120 days after the full survey was completed.

(d) (1) Beginning July 1, 2025, and every 3 months thereafter, the Department shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, the number of surveys conducted in each county, disaggregated by the following types of surveys:

(i) Standard survey;

(ii) Complain survey;

(iii) Follow–up survey;

(iv) Revisit survey;

(v) Special focus facility survey;

(vi) Abbreviated survey; and

(vii) Life safety code survey.

(2) Beginning July 1, 2025, and every 6 months thereafter, the Office of Health Care Quality shall report to the local area agency on aging for each county the name of each nursing home in the county that was surveyed in the immediately preceding 6 months and the date each survey was conducted.

§19–1408. // EFFECTIVE MAY 31, 2029 PER CHAPTER 680 OF 2025 //

(a) (1) Subject to subsection (c) of this section, the Department shall make a site visit and conduct a full survey of each licensed nursing home at least once per calendar year.

(2) Unless otherwise required by federal law, all surveys shall be unannounced.

(b) (1) Subject to paragraph (2) of this subsection, the Department shall initiate an investigation of a nursing home complaint alleging actual harm within 10 business days after receiving the complaint.

(2) If the Department receives a complaint against a nursing home alleging immediate jeopardy to a resident, the Department:

(i) Shall make every effort to investigate the complaint within 24 hours after receiving the complaint; and

(ii) Shall investigate the complaint not later than 48 hours after receiving the complaint.

(c) If ownership of a licensed nursing home is transferred to a person that does not own or operate another nursing home in the State at the time of the transfer, the Department shall conduct:

(1) The first full survey of the licensed nursing home as required under subsection (a) of this section within 3 months after the date of transfer; and

(2) An unannounced, on–site follow–up survey of the licensed nursing home that covers any deficiencies noted in the full survey within 120 days after the full survey was completed.
Md. Code, Health - General § 19-713.5 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-713.5
§19–713.
Status: in_force

§19–713.5.

(a) If a health maintenance organization requires its subscribers to have a referral to receive consultation services in writing, the health maintenance organization shall use the uniform consultation referral form adopted by the Commissioner under § 15-120 of the Insurance Article as the sole instrument for referrals for consultation services.

(b) A health maintenance organization may not impose as a condition of coverage any requirement to:

(1) Modify the uniform consultation referral form; or

(2) Submit additional consultation referral forms.

(c) The uniform consultation referral form shall be properly completed by the health care provider referring the subscriber for consultation services.
Md. Code, Health - General § 19-343 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-343
§19–343.
Status: reserved

(a) In this section and §§ 19–344, 19–345, 19–345.1, 19–345.2, and 19–345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.

(b) (1) The General Assembly intends to promote the interests and well–being of each resident of a facility.

(2) It is the policy of this State that, in addition to any other rights, each resident of a facility has the following basic rights:

(i) The right to be treated with consideration, respect, and full recognition of human dignity and individuality;

(ii) The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State and federal laws, rules, and regulations;

(iii) The right to privacy;

(iv) The right to be free from mental and physical abuse;

(v) The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;

(vi) The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;

(vii) The right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of the patient’s care;

(viii) The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need;

(ix) The right to receive respect and privacy in a medical care program; and

(x) The right to manage personal financial affairs.

(c) Each facility shall:

(1) Post, conspicuously in a public place, the policy set forth in subsection (b) of this section and the provisions in §§ 19–344(b) through (m), 19–345, and 19–346(i)(2) of this subtitle;

(2) Give a copy of the policy and those provisions:

(i) On admission, to the resident;

(ii) To the guardian, next of kin, or sponsoring agency of the resident; and

(iii) To a representative payee of the resident;

(3) Keep a receipt for the copy that is signed by the person who received the copy; and

(4) Provide appropriate staff training to carry out the policy and those provisions.
Md. Code, Health - General § 19-22A-08 — MD Code / Article ghg / Title 19 / Subtitle 22A / Section 19-22A-08
§19–22A–08.
Status: in_force

(a) The Council shall develop policy recommendations to improve the health and educational outcomes of students who receive services from school–based health centers by:

(1) Supporting local community efforts to establish or expand school–based health center capacity in primary care, behavioral health, and oral health;

(2) Integrating school–based health centers into existing and emerging patient–centered models of care;

(3) Promoting the inclusion of school–based health centers in networks of managed care organizations and commercial health insurance carriers;

(4) Advancing the public health goals of State and local health officials;

(5) Promoting the inclusion of school–based health centers into networks of school health services and coordinated student service models for the range of services offered in school settings;

(6) Supporting State and local initiatives to promote student success;

(7) Reviewing and revising best practice guidelines; and

(8) Supporting the long–term sustainability of school–based health centers.

(b) The Council shall review the collection and analysis of school–based health center data collected by the State Department of Education to:

(1) Make recommendations on best practices for the collection and analysis of the data; and

(2) Provide guidance on the development of findings and recommendations based on the data.

(c) The Council shall conduct other activities the Council considers appropriate to meet the purpose of the Council.

(d) On or before December 31 of each year, the Council shall report the findings and recommendations of the Council to the Maryland Department of Health, the State Department of Education, the Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on improving the health and educational outcomes of students who receive services from school–based health centers.
Md. Code, Health - General § 19-4A-09 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-09
§19–4A–09.
Status: in_force

A person who operates a residential service agency in violation of the regulations adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. Each day a violation is continued after the first conviction is a separate offense.
Md. Code, Health - General § 19-506 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-506
§19–506.
Status: in_force

(a) If the medical staff of a center determines that an individual cannot receive any further benefit at the center, the individual shall be discharged on the written order of a medical staff member.

(b) If, after a competent authority directs a discharged individual to leave the center, the individual fails to do so, the administrative head of the center may take any legal step needed to remove the individual from the center, under an adequate plan for treatment and care.