Md. Code, Alcoholic Beverages and Cannabis § 15-1407 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1407
§15–1407.
Status: in_force

(a) At the time an application for an alcoholic beverages license is filed, at least one of the applicants shall be a resident of the State.

(b) The license remains valid only for as long as at least one of the applicants remains a resident of the State.
Md. Code, Insurance § 15-411 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-411
§15–411.
Status: in_force

(a) Each group health insurance contract or policy that is issued by an insurer or nonprofit health service plan shall provide continuous open enrollment for the purpose of allowing a married employee who is enrolled under the contract or policy to alter the terms of the employee’s coverage to include the employee’s spouse or children if the employee’s spouse loses coverage under another group health insurance contract or policy because of the involuntary termination of the spouse’s employment other than for cause.

(b) A group health insurance contract or policy may not require evidence of insurability for a spouse who qualifies for group health insurance coverage under this section.

(c) A married employee who wishes to alter the terms of the employee’s coverage under this section shall notify the employer within 6 months after the date on which the coverage of the employee’s spouse under another group health insurance contract or policy terminates.
Md. Code, Transportation § 15-1011 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1011
§15–1011.
Status: in_force

(a) (1) Each warrantor shall:

(i) Specify in writing each dealer’s obligations for preparation, delivery, and warranty service for the warrantor’s products;

(ii) Compensate the dealer for warranty service performed by the dealer that is covered by the warranty; and

(iii) Provide the dealer a schedule of compensation to be paid and the reasonable time allowance for the performance of any service and repairs under a warranty.

(2) If the schedule of compensation does not include a particular service or repair, a warrantor shall reimburse the dealer a reasonable amount for the service or repair.

(b) (1) A warrantor shall reimburse the dealer for any warranty part at wholesale cost plus a 30% handling charge.

(2) The maximum handling charge under this subsection is $300.

(3) A warrantor shall reimburse a dealer the cost of freight to return a warranty part, an accessory, or a component to the warrantor, if the return is requested by the warrantor.

(c) Warranty audits of dealer records may be conducted by the warrantor on a reasonable basis.

(d) (1) A dealer shall submit a warranty claim within 45 days after completing the work.

(2) A warrantor may disapprove warranty claims only in writing within 45 days after the date the warranty claim was submitted by the dealer in the manner prescribed by the warrantor.

(3) Claims not disapproved in writing within 45 days shall be deemed to be approved and shall be paid by the warrantor within 60 days.

(e) A dealer shall give notice to a warrantor as soon as reasonably possible if the dealer is unable or unwilling to perform material or repetitive warranty repairs.

(f) It is a violation of this section for any warrantor to:

(1) Fail to perform any of its warranty obligations with respect to its warranted products;

(2) Fail to include written notices of factory campaigns to recreational vehicle owners and dealers for the expected date by which parts and equipment will be available to dealers to perform the campaign work;

(3) If the carrier is designated by the manufacturer, distributor, or warrantor, fail to compensate a dealer for authorized repairs performed by a dealer for a product damaged in transit to the dealer;

(4) Fail to compensate any dealer for authorized warranty service in accordance with the time allowances set forth in the schedule of compensation, if performed in a timely manner;

(5) Intentionally misrepresent to purchasers of recreational vehicles that a dealer is a warrantor or co–warrantor; or

(6) Require a dealer to make warranties to customers in any manner related to the manufacturing of a recreational vehicle.

(g) It is a violation of this section for a dealer to:

(1) Fail to perform predelivery inspection functions as specified by the warrantor;

(2) Fail to perform warranty service work authorized by the warrantor in a reasonably timely manner on any transient customer’s recreational vehicle of the same line–make;

(3) Fail to track actual time expended to perform warranty work not governed by time allowance in the schedule of compensation;

(4) Claim an agency relationship with a warrantor; or

(5) Misrepresent the terms of a warranty.

(h) Unless specified in the terms of a dealer agreement, it is a violation of this section for:

(1) A warrantor to fail to indemnify, defend, and hold harmless a dealer against any losses or damages to the extent the losses or damages are caused by the negligence or misconduct of the warrantor; or

(2) A dealer to fail to indemnify, defend, and hold harmless a warrantor against any losses or damages to the extent the losses or damages are caused by the negligence or misconduct of the dealer.

(i) Indemnification under this subsection shall include court costs, reasonable attorney’s fees, and expert witness fees incurred by the defending party.
Md. Code, Estates and Trusts § 15-616 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-616
§15–616.
Status: in_force

In applying and construing this subtitle, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act.
Md. Code, Election Law § 15-114 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-114
§15–114.
Status: in_force

This title is the Public Financing Act.
Md. Code, Health - General § 15-153 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-153
§15–153.
Status: in_force

The Department shall annually evaluate reimbursement rates for dental services.
Md. Code, Health - General § 15-606 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

(a) To be eligible to receive donated prescription drugs, over–the–counter drugs, or medical supplies from a repository located in the State, an individual must:

(1) Be a resident of the State; and

(2) Be an eligible patient.

(b) To be eligible to receive donated prescription drugs, over–the–counter drugs, or medical supplies from a repository located in another state, an individual must be an eligible patient.
Md. Code, Insurance § 15-914 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-914
§15–914.
Status: in_force

The Commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claim payments, marketing practices, and compensation arrangements and reporting practices for Medicare supplement policies and certificates.
Md. Code, Criminal Procedure § 15-401 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

(a) (1) The State’s Attorney for a county shall receive:

(i) an annual salary for performing the duties of the office as set forth in the public general laws and the public local laws of the county; and

(ii) an annual payment for office, travel, and other expenses as provided by law and the current practice of the county.

(2) Unless otherwise specified, a county shall pay the salary and expenses in equal monthly installments.

(b) (1) Except for necessary travel and other expenses incurred in trying a case removed to another county, a State’s Attorney may not receive any other compensation for performing the duties of the office.

(2) Any fees to which the State’s Attorney may be entitled shall be:

(i) collected and paid to the governing body of the county; and

(ii) credited to the general fund of the county.
Md. Code, State Finance and Procurement § 15-222 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-222
§15–222.
Status: in_force

(a) Notwithstanding any provision of a procurement contract, the Appeals Board may award interest on money that the Appeals Board determines to be due to the unit or the contractor under a contract claim.

(b) (1) Subject to paragraph (2) of this subsection, interest may accrue from a day that the Appeals Board determines to be fair and reasonable after hearing all the facts until the day of the decision by the Appeals Board.

(2) Interest may not accrue before the procurement officer receives a contract claim from the unit or the contractor.

(c) (1) Subject to paragraph (2) of this subsection, an award under a decision by the Appeals Board shall accrue interest until the day on which the award is paid.

(2) If an award is reduced as a result of a judicial review of the decision of the Appeals Board, interest shall be paid only on the reduced award.

(d) The rate of interest under this section shall be the rate of interest on judgments as provided under § 11-107(a) of the Courts Article.
Md. Code, Commercial Law § 15-603 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) While the attachment remains a lien, the employer/garnishee shall withhold all attachable wages payable to the judgment debtor and remit the amount withheld to the judgment creditor or his legal representative within 15 days after the close of the last pay period in each month.

(b) If the employer/garnishee is served with more than one attachment against the same judgment debtor, then the attachments shall be satisfied in the order in which they were served, and each prior attachment must be satisfied before any effect can be given to a subsequent attachment.
Md. Code, Business Occupations and Professions § 15-315 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-315
§15–315.
Status: reserved

(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:

(1) applies to the Board for reinstatement within 2 years after the license expires;

(2) meets the renewal requirements of § 15–314 of this subtitle; and

(3) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.

(b) (1) If an individual has failed to renew a license to practice land surveying for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board:

(i) may require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or

(ii) subject to paragraph (2) of this subsection, may reinstate the license.

(2) The Board may reinstate a license under paragraph (1) of this subsection only if the individual:

(i) meets the renewal requirements of § 15–314 of this subtitle;

(ii) if required by the Board, states reasons why reinstatement should be granted; and

(iii) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.

(c) (1) If an individual has failed to renew a license to practice property line surveying for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board, subject to paragraph (2) of this subsection, may reinstate the license.

(2) The Board may reinstate a license under paragraph (1) of this subsection only if the individual:

(i) meets the renewal requirements of § 15–314 of this subtitle;

(ii) if required by the Board, states reasons why reinstatement should be granted; and

(iii) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.

(d) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice land surveying or property line surveying, as appropriate, during the time the license lapsed.
Md. Code, Insurance § 15-501 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

An individual, group, or blanket health insurance contract may not contain a provision that reduces payments to an individual entitled to receive disability payments under the contract because the individual receives an increase in Social Security payments.
Md. Code, Insurance § 15-224 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-224
§15–224.
Status: in_force

(a) A policy of health insurance may contain the following provision:

“Relation of earnings to insurance: If the total monthly amount of loss-of-time benefits promised for the same loss under all valid loss-of-time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of $200 or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.”

(b) The policy provision set forth in subsection (a) of this section may be inserted only in a policy that the insured may continue in effect subject to its terms by the timely payment of premiums:

(1) until the insured is at least 50 years old; or

(2) if the policy is issued after the insured is 44 years old, for at least 5 years after its date of issue.

(c) (1) The insurer may include in the provision set forth in subsection (a) of this section a definition of “valid loss-of-time coverage” if the definition:

(i) is approved as to form by the Commissioner;

(ii) is limited to:

1. coverage provided by governmental units or organizations subject to regulation by insurance law or insurance authorities of this State, another state, or a province of Canada;

2. any other coverage that the Commissioner may approve for inclusion; or

3. a combination of these coverages.

(2) Unless defined otherwise, “valid loss-of-time coverage” does not include:

(i) coverage provided for the insured under a compulsory benefit statute, including a workers’ compensation or employer’s liability statute; or

(ii) coverage provided by union welfare plans or by employer or employee benefit organizations.
Md. Code, Business Occupations and Professions § 15-609 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-609
§15–609.
Status: in_force

(a) An individual who is authorized to practice land surveying may not practice or offer to practice land surveying in those areas of land surveying in which the individual is not competent to practice.

(b) An individual who is authorized to practice property line surveying may not practice or offer to practice property line surveying in those areas of property line surveying in which the individual is not competent to practice.
Md. Code, Insurance § 15-863 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-863
§15–863.
Status: in_force

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

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

(b) An entity subject to this section shall provide coverage for calcium score testing in accordance with the most recent guidelines issued by the American College of Cardiology that expand the scope of preventive care services for the benefit of consumers.
Md. Code, Estates and Trusts § 15-502.3 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-502.3
§15–502.
Status: in_force

§15–502.3.

(a) In this section, “qualified beneficiary” means:

(1) A person who, on the date that notice is given by the trustee in accordance with subsection (b) of this section:

(i) Is a distributee or permissible distributee of the income or principal of the trust estate;

(ii) Would be a distributee or permissible distributee of the income or principal of the trust estate if the interests of the distributees described in item (i) of this paragraph terminated on the date that notice is given by the trustee; or

(iii) Would be a distributee or permissible distributee of the income or principal of the trust estate if the trust were to terminate on the date that notice is given by the trustee and no powers of appointment were exercised;

(2) If an individual described in paragraph (1) of this subsection is a minor, the individual’s natural or legal guardian; or

(3) If an individual described in paragraph (1) of this subsection is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the individual under a guardianship, conservatorship, or committee.

(b) A trustee shall give notice of a proposed decision regarding the exercise or nonexercise of the discretionary power conferred under:

(1) Section 15-502.1(a) of this subtitle to convert a trust to a unitrust;

(2) Section 15-502.1(i) of this subtitle to reconvert from a unitrust; or

(3) Section 15-502.2(a) of this subtitle to adjust between principal and income.

(c) The trustee shall mail the notice required under subsection (b) of this section to:

(1) All qualified beneficiaries, except that notice of the proposed decision need not be given to any qualified beneficiary who consents in writing to the proposed decision at any time before the notice is mailed; and

(2) The creator of the trust, if living.

(d) The notice of proposed decision shall state that it is given in accordance with this section and shall state the following:

(1) The name and mailing address of the trustee, together with the name and telephone number of a person who may be contacted for additional information;

(2) A description of the decision proposed to be taken and, if the proposed decision also includes an action that requires an order of a court in accordance with § 15-502.1 or § 15-502.2 of this subtitle, a description of that action;

(3) The time within which written consents to the proposed decision may be given to the trustee, which shall be at least 30 days after the mailing of the notice of proposed decision; and

(4) The date on or after which the proposed decision may be taken or is effective, which shall be after the end of the time within which consents to the proposed decision may be given to the trustee.

(e) If the trustee receives the written consent of all qualified beneficiaries, then the trustee shall undertake the proposed decision unless the proposed decision also includes an action that requires an order of a court in accordance with § 15-502.1 or § 15-502.2 of this subtitle.

(f) If any qualified beneficiary does not consent to the proposed decision, or if the proposed decision includes an action that requires an order of a court under § 15-502.1 or § 15-502.2 of this subtitle, then the trustee or any qualified beneficiary may file a petition to review the proposed decision in the circuit court for the county in which the trustee resides in this State, if the trustee is an individual, or in which the principal place of business of the trustee is located in this State.

(g) (1) In a proceeding under subsection (f) of this section:

(i) With respect to the power to convert to a unitrust under § 15-502.1(a) of this subtitle or to reconvert from a unitrust under § 15-502.1(i) of this subtitle, the sole remedy in the proceeding is to direct, deny, or revise the conversion to a unitrust or reconversion from a unitrust; and

(ii) With respect to the power to adjust between principal and income under § 15-502.2(a) of this subtitle, the sole remedy in the proceeding is to direct, deny, or revise the adjustment between principal and income.

(2) Notice of the proceeding shall be given by the petitioner to the trustee and to all qualified beneficiaries.

(h) Any action taken or not taken in accordance with the provisions of this section shall be binding on the trustee, all qualified beneficiaries, and any other person who has a present or future interest in the trust, vested or contingent, including any unborn or unascertained beneficiary, and the trustee is not liable to any person for that action taken or not taken.
Md. Code, Health - General § 15-1204 — MD Code / Article ghg / Title 15 / Subtitle 12 / Section 15-1204
§15–1204.
Status: in_force

(a) (1) The Department shall establish standardized procedures for the administration of the Advisory Group and make the procedures available to the public on a dedicated page of the Department’s website.

(2) The dedicated page on the Department’s website shall also include:

(i) A list of current Advisory Group members;

(ii) The application process and selection criteria for Advisory Group members;

(iii) The location, date, and time of each Advisory Group meeting with at least 30 calendar days’ advance notice;

(iv) Options for virtual participation in meetings of the Advisory Group;

(v) Procedures to ensure meaningful participation for individuals with disabilities and limited English proficiency;

(vi) A notation of at which meetings the general public will have an opportunity to testify or make comments; and

(vii) In accordance with the Open Meetings Act, the agenda and meeting minutes of the previous meeting of the Advisory Group, including a list of meeting attendees.

(b) The Department shall provide sufficient data and resources at least 30 days in advance of a meeting to support informed participation in Advisory Group discussions, including:

(1) Current and proposed payment rates;

(2) Federally required information, including:

(i) Home– and community–based services payment transparency reports;

(ii) Payment adequacy reports as required under 42 C.F.R. § 441.311(e); and

(iii) Access–to–care data, as required under 42 C.F.R. § 441.311(d)(2);

(3) Bureau of Labor Statistics publicly available wage data and other labor market and workforce data;

(4) Benchmarking and rate studies for home– and community–based services conducted by the Department;

(5) Rate information from neighboring or similarly situated states; and

(6) Access–to–care metrics, including:

(i) The number of consumers receiving applicable services; and

(ii) The number of utilization hours for applicable service categories.
Md. Code, Insurance § 15-1204.1 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1204.1
§15–1204.
Status: in_force

§15–1204.1.

(a) This section applies to a carrier with respect to any health benefit plan that:

(1) is not a grandfathered health plan, as defined in § 1251 of the Affordable Care Act; and

(2) is issued, delivered, or renewed in the State on or after January 1, 2014.

(b) (1) Except as provided in this subsection and § 31–110(f) of this article, a carrier may not offer health benefit plans to small employers in the State unless the carrier also offers qualified health plans, as defined in § 31–101 of this article, in the Small Business Health Options Program of the Maryland Health Benefit Exchange in compliance with the requirements of Title 31 of this article.

(2) A carrier is exempt from the requirement in paragraph (1) of this subsection if:

(i) the reported total aggregate annual earned premium from all health benefit plans offered to small employers in the State for the carrier and any other carriers in the same insurance holding company system, as defined in § 7–101 of this article, is less than $20,000,000;

(ii) the Commissioner determines that the carrier complies with the procedures established under paragraph (3) of this subsection; and

(iii) when the carrier ceases to meet the requirements for the exemption, the carrier provides to the Commissioner immediate notice and its plan for complying with the requirement in paragraph (1) of this subsection.

(3) The Commissioner shall establish procedures for a carrier to submit evidence each year that the carrier meets the requirements necessary to qualify for an exemption under paragraph (2) of this subsection.

(4) Notwithstanding the exemption provided in paragraph (2) of this subsection, the Commissioner, in consultation with the Maryland Health Benefit Exchange:

(i) may assess the impact of the exemption provided in paragraph (2) of this subsection and, based on that assessment, alter the limit on the amount of annual premiums that may not be exceeded to qualify for the exemption; and

(ii) shall make any change in the exemption requirement by regulation.
Md. Code, Insurance § 15-902 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-902
§15–902.
Status: in_force

This subtitle is not intended to prohibit or apply to policies, including group conversion policies, provided to Medicare eligible individuals, if the policies are not marketed or held to be Medicare supplement policies.
Md. Code, Insurance § 15-815 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-815
§15–815.
Status: in_force

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

(2) “Mastectomy” means the surgical removal of all or part of a breast.

(3) (i) “Reconstructive breast surgery” means surgery performed as a result of a mastectomy to reestablish symmetry between the two breasts.

(ii) “Reconstructive breast surgery” includes augmentation mammoplasty, reduction mammoplasty, and mastopexy.

(b) This section applies to contracts issued by:

(1) insurers and nonprofit health service plans that provide medical and surgical benefits to individuals or groups on an expense–incurred basis under health insurance contracts that are issued or delivered in the State; and

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

(c) A contract subject to this section shall provide coverage for:

(1) reconstructive breast surgery, including coverage for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased breast when reconstructive breast surgery is performed on the diseased breast; and

(2) physical complications of all stages of mastectomy, including lymphedemas, in a manner determined in consultation with the attending physician and the patient.
Md. Code, Commercial Law § 15-601.1 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-601.1
§15–601.
Status: in_force

§15–601.1.

(a) In this section, “disposable wages” means the part of wages that remain after deduction of any amount required to be withheld by law.

(b) The following are exempt from attachment:

(1) The greater of:

(i) 75 percent of the disposable wages due; or

(ii) 30 times the State minimum hourly wage in effect at the time the wages are due, multiplied by the number of weeks during which the wages due were earned; and

(2) Any medical insurance payment deducted from an employee’s wages by the employer.

(c) The amount subject to attachment shall be calculated per pay period.
Md. Code, Environment § 15-513 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-513
§15–513.
Status: in_force

(a) (1) No later than the time the mining and reclamation progress report required by § 15–508(b) of this subtitle is submitted, the operator shall submit a backfilling and planting report on a form furnished by the Department for all affected areas which have been backfilled, regraded, and planted in accordance with this subtitle and the approved reclamation plan. The report shall provide the following information:

(i) The number of acres affected on the permit;

(ii) The number of acres backfilled and planted for the period of the report;

(iii) The number of backfilled and planted acres previously reported;

(iv) A map showing the area of the permit being reported as backfilled and planted; and

(v) Such other relevant information as the Department requires.

(2) The Department shall inspect the reported area to determine if the backfilling and planting has been done in accordance with the approved reclamation plan. If the Department determines that the reported area has been backfilled and planted according to the approved plan, the report shall be approved.

(3) If the Department does not approve the backfilling and planting report, it shall notify the operator in writing, setting forth the reasons for disapproval and identifying the action necessary to secure approval. The operator shall take the action necessary to secure approval of the report.

(b) (1) Upon approval of the backfilling and planting report required by subsection (a) of this section, the Department shall release that portion of the liability on the bond representing the open–acre amount determined under § 15–507(b)(2)(ii) of this subtitle in accordance with provisions set forth in § 15–507(h) of this subtitle.

(2) (i) If the report required by subsection (a) of this section is approved, the operator shall be responsible for the successful revegetation of the reported area for the period specified in subparagraph (ii) or (iii) of this paragraph unless liability is extended by the Department to insure compliance with the requirements of this subtitle, rules and regulations, or permit conditions.

(ii) On land eligible for remining, the period of operator responsibility is 2 full years after the approval of the report. The authority for this subparagraph shall terminate on September 30, 2004, or on any later date authorized under the federal Surface Mining Control and Reclamation Act.

(iii) For any reported area other than land eligible for remining, the period of operator responsibility is 5 full years after the approval of the report.

(3) No sooner than 2 years after the report required by subsection (a) of this section is approved, if the revegetation has been established on the area in accordance with this subtitle and the approved reclamation plan and the Committee has approved the revegetation on the area, the Department may release an additional portion of the bond required by § 15–507(b) of this subtitle in accordance with § 15–507(h) of this subtitle.

(4) The Department shall at all times retain bonds in an amount sufficient to insure completion of the reclamation plan by the Department in the event of forfeiture.

(5) When the operator has successfully completed all surface coal mining and reclamation activities, the Department may release the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in paragraph (2) of this subsection; provided, however, that no bond shall be fully released until all reclamation requirements of this subtitle are fully met.
Md. Code, Insurance § 15-2013 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2013
§15–2013.
Status: in_force

(a) Before entering into a pharmacy services administrative contract, a pharmacy services administrative organization shall provide to an independent pharmacy a written disclosure of ownership or control.

(b) The disclosure required under subsection (a) of this section shall include the extent of any ownership or control by any parent company, subsidiary, or other organization that:

(1) provides pharmacy services;

(2) provides prescription drug or device services; or

(3) manufactures, sells, or distributes prescription drugs, biologics, or medical devices.

(c) A pharmacy services administrative contract shall require a pharmacy services administrative organization to notify an independent pharmacy in writing within 5 working days after any material change in its ownership or control related to any company, subsidiary, or other organization described under subsection (b) of this section.
Md. Code, Insurance § 15-111 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

(a) Each payor shall cooperate fully in submitting reports and claims data and providing any other information to the Maryland Health Care Commission in accordance with Title 19, Subtitle 1 of the Health - General Article.

(b) The Commissioner shall report to the Maryland Health Care Commission in a timely manner the name and address of each payor that is assessed a fee under § 19–111 of the Health – General Article.
Md. Code, Alcoholic Beverages and Cannabis § 15-102 — MD Code / Article gab / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

This title applies only in Caroline County.
Md. Code, Transportation § 15-113 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

(a) Each person who conducts auctions as a business in this State of motor vehicles of a type required to be registered under this article shall keep a record of:

(1) The name and address of the consignor;

(2) The date on which it was consigned;

(3) The year, make, model, and serial number of each vehicle consigned;

(4) The title number and state where the vehicle was last registered;

(5) The odometer mileage reading at the time of consignment;

(6) The name and address of the person to whom the vehicle was sold;

(7) The selling price; and

(8) The date of sale.

(b) During business hours, the records shall be open to inspection by the Administration, by the Department of State Police, or by a law enforcement officer with a county or municipal police department or sheriff’s office who is assigned to an antitheft unit.

(c) The records required by this section shall be kept for at least 3 years after the transaction to which it applies.

(d) A person who fails to comply with any requirement under subsections (a) through (c) of this section is subject to a civil penalty not exceeding:

(1) For a first offense, $500; or

(2) For a second or subsequent offense, $1,000.
Md. Code, Insurance § 15-141 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-141
§15–141.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

(3) “Enrollee” means a person entitled to health care benefits from a carrier.

(b) The Commissioner shall develop and make available a standardized form for an enrollee to use to request confidential communications from a carrier in accordance with 45 C.F.R. § 164.522(b).

(c) A carrier that requires an enrollee to make a request for confidential communications in writing in accordance with 45 C.F.R. § 164.522(b) shall accept the standardized form developed by the Commissioner under this section for that purpose.

(d) This section may not be construed to limit acceptance by a carrier of any other form of written request from an enrollee for confidential communications from a carrier under 45 C.F.R. § 164.522(b).
Md. Code, Education § 15-110 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

A public institution of higher education may not print or have printed an employee’s or a student’s Social Security number on any type of identification card.
Md. Code, Insurance § 15-10B-13 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-13
§15–10B–13.
Status: in_force

Any person aggrieved by an order of the Commissioner under this subtitle has the right to a hearing and the right to appeal from the action of the Commissioner in accordance with §§ 2-210 through 2-215 of this article.
Md. Code, Environment § 15-703 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-703
§15–703.
Status: in_force

The Secretary may implement the provisions of this subtitle by methods including, but not limited to, backfilling, grading, revegetating abandoned strip mines, sealing abandoned deep mines, and controlling erosion and water drainage.
Md. Code, Insurance § 15-201 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: reserved

(a) A policy of health insurance may not be delivered or issued for delivery in the State unless the policy complies with the provisions of this section and other sections of this article.

(b) Each policy of health insurance shall state explicitly:

(1) any consideration, including the entire amount of money, given for the policy; and

(2) the time when the health insurance takes effect and terminates.

(c) (1) Except as provided in paragraph (2) of this subsection, each policy of health insurance shall purport to insure only one individual.

(2) On application by an adult member of a family, a policy of health insurance may insure, originally or by subsequent amendment:

(i) the applicant, who is deemed the policyholder; and

(ii) two or more eligible members of the policyholder’s family, including a spouse, dependent child, any other child under a specified age not exceeding 18 years, and any other individual dependent on the policyholder or any other individual related to and resident in the household of the policyholder.

(d) (1) In this subsection, “text” includes all printed matter of a policy except the name and address of the insurer, name or title of the policy, any brief description, captions, and subcaptions.

(2) The style, arrangement, and overall appearance of a policy may not give undue prominence to any part of the text.

(3) Each printed part of the text and of any endorsements or attached papers shall be printed plainly in lightfaced type:

(i) of a style in general use; and

(ii) in a size that is uniform and not less than 10 point with a lower case unspaced alphabet length not less than 120 point.

(e) (1) The exceptions and reductions of indemnity shall be set forth in the policy.

(2) Other than those contained in §§ 15-207 through 15-226 of this subtitle, and except as provided in paragraph (3) of this subsection, the exceptions and reductions shall be printed at the insurer’s option:

(i) with the benefit provisions to which they apply; or

(ii) under an appropriate caption such as “Exceptions” or “Exceptions and Reductions”.

(3) If an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies.

(f) Each form of a policy, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page.

(g) (1) Except as provided in paragraph (2) of this subsection, a policy may not contain a provision that purports to incorporate in the policy a part of the charter, rules, constitution, or bylaws of the insurer unless the part is set forth in full in the policy.

(2) A statement of rates, classification of risks, or short-rate table that is filed with the Commissioner may be referred to or incorporated in the policy without being set forth in full.

(h) (1) Subject to paragraph (2) of this subsection, a notice shall be prominently printed on or attached to the face of the policy that states that:

(i) the policy may be surrendered to the insurer for cancellation within 10 days after the date the policy is delivered to the insured; and

(ii) if a policy is canceled during the 10-day period, a pro rata premium for the unexpired term of the policy shall be returned to the insured.

(2) The insured shall notify the insurer of the cancellation in writing.

(3) The insurer may print or attach the notice required under paragraph (1) of this subsection or a notice of equal prominence that, in the opinion of the Commissioner, is not less favorable to the policyholder.

(i) A policy that is subject to renewal at the option of the insurer shall contain a notice of this provision prominently printed on the first page of the policy.
Md. Code, Transportation § 15-410 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-410
§15–410.
Status: in_force

A contract for the sale of a vehicle by a vehicle salesman shall comply with the requirements of § 15-311 of this title on contracts by a dealer.
Md. Code, Insurance § 15-923 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-923
§15–923.
Status: in_force

Each carrier that offers a Medicare supplement policy in the State shall provide a copy of any Medicare supplement advertisement that the carrier intends to use in the State whether through a written, radio, or television medium to the Commissioner for review at least 5 business days before the carrier uses the advertisement.
Md. Code, Insurance § 15-147 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-147
§15–147.
Status: reserved

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

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

(b) (1) Any premium funds collected by an entity subject to this section for abortion coverage in accordance with § 1303(b)(2)(B) and (C) of the federal Patient Protection and Affordable Care Act shall be used:

(i) to provide coverage for abortion care clinical services for insureds or enrollees in accordance with § 15–857 of this title; and

(ii) in accordance with paragraph (2) of this subsection.

(2) If after the 12–month period following the end of a plan year the amount of the ending balance of a segregated account established for coverage of abortion care clinical services exceeds disbursements, 90% of the ending balance shall be used to support coverage of abortion care clinical services for which the use of federal funds is prohibited.

(c) On or before March 1 each year, an entity subject to this section shall submit to the Commissioner an accounting of receipts, disbursements, accrued interest, and the year–end balance for segregated accounts established by the entity under § 1303(b)(2)(B) and (C) of the federal Patient Protection and Affordable Care Act:

(1) on a form approved by the Commissioner; and

(2) with any related documentation required by the Commissioner.

(d) (1) Subject to paragraph (2) of this subsection, the Commissioner shall order the transfer of funds from each entity’s segregated account established by the entity for coverage of abortion care clinical services to the Public Health Abortion Grant Program Fund established under § 13–5503 of the Health – General Article in the following amounts:

(i) on or before September 1, 2025, 90% of the amount of the ending balance of the segregated account that exceeds disbursements for each of plan years 2014 through 2023; and

(ii) on or before July 1 each year, beginning in 2026, 90% of the amount of the ending balance of a segregated account that exceeds disbursements after the 15–month period following the end of a plan year.

(2) (i) The amount ordered to be transferred under paragraph (1)(i) of this subsection shall include the amount of interest accrued to the segregated account as of December 31, 2024.

(ii) The amount ordered to be transferred under paragraph (1)(ii) of this subsection shall include the amount of interest accrued to the segregated account as of December 31 of the immediately preceding calendar year.

(e) A party aggrieved by an order of the Commissioner under this section has the right to a hearing and the right to appeal from the order of the Commissioner under §§ 2–210 through 2–215 of this article.
Md. Code, Insurance § 15-1624 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1624
§15–1624.
Status: in_force

(a) If a purchaser has a rebate sharing contract, a pharmacy benefits manager shall offer to provide the purchaser a report for each fiscal quarter and each fiscal year that contains the amount of the:

(1) net revenue of the pharmacy benefits manager from sales of prescription drugs to purchasers made through the pharmacy benefits manager’s network of contractually affiliated retail pharmacies or through the pharmacy benefits manager’s mail order pharmacies, with respect to the pharmacy benefits manager’s entire client base of purchasers;

(2) total prescription drug expenditures applicable to the purchaser;

(3) total manufacturer payments earned by the pharmacy benefits manager during the applicable reporting period; and

(4) total rebates applicable to the purchaser during the applicable reporting period.

(b) If the exact amount of each item to be reported under subsection (a) of this section is not known by the pharmacy benefits manager at the time of its report, the pharmacy benefits manager shall offer to provide:

(1) its current best estimate of the amount of each item; and

(2) an updated report containing the exact amount of each item immediately after it becomes available.

(c) (1) A pharmacy benefits manager shall provide the information described in subsections (a) and (b) of this section if requested by the purchaser.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, if a pharmacy benefits manager requires a nondisclosure agreement under which a purchaser agrees that the information in subsections (a) and (b) of this section is proprietary information, the pharmacy benefits manager may not be required to provide the information until the purchaser has signed the nondisclosure agreement.
Md. Code, Health Occupations § 15-103 — MD Code / Article gho / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, an employer of a physician assistant shall report to the Board, on the form prescribed by the Board, any termination of employment of the physician assistant if the cause of termination is related to a quality of care issue.

(2) Subject to subsection (c) of this section, a physician or group of physicians that develops a collaboration agreement with a physician assistant or an employer of a physician assistant shall notify the Board within 10 days of the termination of employment of the physician assistant for reasons that would be grounds for discipline under this title.

(3) A physician or group of physicians that develops a collaboration agreement with a physician assistant or the physician assistant shall immediately document the termination of the relationship in the collaboration agreement on file at the physician assistant’s primary place of business.

(b) (1) Except as otherwise provided under subsections (c) and (e) of this section, each employer of a licensed physician assistant shall submit to the Board a report if:

(i) The employer:

1. Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed physician assistant’s clinical privileges, employment, or other ability to practice or treat patients;

2. Involuntarily terminated or restricted the licensed physician assistant’s employment or staff membership; or

3. Asked the licensed physician assistant to voluntarily resign because of the licensed physician assistant’s conduct or while the licensed physician assistant is being investigated; and

(ii) The action described under item (i) of this paragraph was taken:

1. For reasons that might be grounds for disciplinary action under § 15–314 of this title;

2. Because the licensed physician assistant may have engaged in an act that may constitute unprofessional conduct;

3. Because the licensed physician assistant may be unable to practice as a physician assistant with reasonable skill and safety because of a physical or mental condition or professional incompetence; or

4. Because the licensed physician assistant may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.

(2) Each report submitted under paragraph (1) of this subsection shall include:

(i) The action taken by the employer;

(ii) A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and

(iii) The steps taken by the employer to investigate the conduct of the licensed physician assistant.

(3) (i) The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.

(ii) If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.

(c) If an employer knows that the conduct of a licensed physician assistant requires that the employer submit a report under subsection (b)(1) of this section because the physician assistant is impaired by alcohol or another substance, the employer is not required to report the licensed physician assistant to the Board if:

(1) The employer knows that the licensed physician assistant is:

(i) In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or

(ii) Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;

(2) The employer is able to verify that the physician assistant remains in the treatment program until successful discharge; and

(3) The action or condition of the physician assistant has not caused injury to any person while the physician assistant is practicing as a licensed physician assistant.

(d) If the employer knows that the licensed physician is noncompliant with the substance use disorder treatment program, the employer of the licensed physician assistant shall report the licensed physician assistant’s noncompliance to the Board.

(e) (1) The Board may extend the reporting under this section for good cause shown.

(2) A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.

(f) The Board may enforce this section by subpoena.

(g) Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section.

(h) An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.

(i) A report under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.

(j) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.

(2) A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.

(3) The Board shall pay any fees collected under this subsection into the General Fund of the State.

(k) An employer shall make the report required under this section to the Board within 5 days after the date of termination of employment.

(l) The Board shall adopt regulations to implement the provisions of this section.
Md. Code, Education § 15-131 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-131
§15–131.
Status: in_force

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

(2) “Public institution of higher education” means:

(i) The constituent institutions of the University System of Maryland; and

(ii) Morgan State University.

(3) (i) “Student athlete” means a college student who participates in an intercollegiate athletic program at a public institution of higher education.

(ii) “Student athlete” does not include a student who participates solely in intramural or club athletics.

(b) (1) A public institution of higher education may not:

(i) Uphold any rule, requirement, standard, or other limitation that prevents a student athlete from earning compensation from the use of the student athlete’s name, image, or likeness; or

(ii) Reduce, rescind, or otherwise affect a student athlete’s scholarship because the student athlete earns compensation from the use of the student athlete’s name, image, or likeness.

(2) An athletic association, a conference, or any other group or organization with authority over intercollegiate athletics, including the National Collegiate Athletic Association, may not prevent a student athlete from earning compensation as a result of the use of the student athlete’s name, image, or likeness.

(3) An athletic association, a conference, or any other group or organization with authority over intercollegiate athletics, including the National Collegiate Athletic Association, may not prevent a public institution of higher education from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student athlete’s name, image, or likeness.

(c) A public institution of higher education, an athletic association, a conference, or any other group or organization with authority over intercollegiate athletics may not:

(1) Provide a prospective student athlete with compensation in relation to the student athlete’s name, image, or likeness; or

(2) Prevent a student athlete from obtaining representation in relation to contracts or legal matters.

(d) (1) An athletic program contract of a public institution of higher education may not prevent a student athlete from using the student athlete’s name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities.

(2) An athletic program contract may prohibit a student athlete from engaging in in–person advertising for a third–party sponsor during official and mandatory team activities without prior approval from the institution’s athletic department.

(e) (1) A student athlete may not enter into a contract providing compensation to the student athlete for use of the student athlete’s name, image, or likeness if a provision of the contract is in conflict with a provision of the student athlete’s athletic program contract.

(2) A student athlete who enters into a contract providing compensation to the student athlete for use of the student athlete’s name, image, or likeness shall disclose the contract to an official of the public institution of higher education, designated by the public institution of higher education.

(f) Nothing in this section may be construed to grant a student athlete a right to make commercial use of names, trademarks, logos, or other intellectual property owned or controlled by a public institution of higher education.
Md. Code, Insurance § 15-807 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-807
§15–807.
Status: in_force

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

(2) (i) “Inherited metabolic disease” means a disease caused by an inherited abnormality of body chemistry.

(ii) “Inherited metabolic disease” includes a disease for which the State screens newborn babies.

(3) (i) “Low protein modified food product” means a food product that is:

1. specially formulated to have less than 1 gram of protein per serving; and

2. intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease.

(ii) “Low protein modified food product” does not include a natural food that is naturally low in protein.

(4) “Medical food” means a food that is:

(i) intended for the dietary treatment of a disease or condition for which nutritional requirements are established by medical evaluation; and

(ii) formulated to be consumed or administered enterally under the direction of a physician.

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

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

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

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

(c) A policy or plan subject to this section shall include under the family member coverage, coverage for medical foods and low protein modified food products for the treatment of inherited metabolic diseases if the medical foods or low protein modified food products are:

(1) prescribed as medically necessary for the therapeutic treatment of inherited metabolic diseases; and

(2) administered under the direction of a physician.
Md. Code, Land Use § 15-303 — MD Code / Article glu / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) For the purposes of § 15–302 of this subtitle, the Commission may:

(1) act in conjunction and cooperation with other governmental units; and

(2) enter into contracts with governmental units.

(b) The Commission may not obligate itself or the metropolitan district for expenditures above the amount of money the Commission has or shall receive from bonds, taxes, donations, contributions, or appropriations under this division.
Md. Code, Economic Development § 15-105 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) The purpose of the Fund is to promote and assist community–based initiatives in qualified project areas consistent with the purpose of this title.

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

(c) (1) The Fund consists of:

(i) money appropriated in the State budget to the Fund;

(ii) proceeds of bonds that are made available for the use of the Fund, including general obligation bonds and grant anticipation revenue vehicles;

(iii) money made available for qualifying uses by the Fund from other governmental sources, including community development block grants and the Maryland Transportation Trust Fund;

(iv) contributions to the Fund made by the private developers of the relevant transit–oriented development;

(v) ground rents or land sale proceeds in accordance with § 10–306(c)(1) of the State Finance and Procurement Article;

(vi) payments of principal of and interest on loans made under this title;

(vii) investment earnings of the Fund; and

(viii) any other money from any other source, public or private, accepted for the benefit of the Fund.

(2) Contributions to the Fund under paragraph (1)(iv) of this subsection shall be separately accounted for in the Fund so that the revenue derived from a development in a particular qualified project area shall return to a qualified recipient in that qualified project area.

(3) Subject to paragraph (2) of this subsection, the Comptroller shall:

(i) pay money in the Fund in annual installments to the Mayor and City Council of Baltimore City; and

(ii) ensure that the money in the Fund is distributed in the manner that best accomplishes the purpose of the Fund under this title.
Md. Code, Criminal Procedure § 15-402 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) This section applies only in Allegany County.

(b) The State’s Attorney’s salary is 90% of the salary of a judge of the District Court of Maryland in effect on December 31 of the year immediately before the start of the State’s Attorney’s term of office.

(c) As determined by the State’s Attorney, the State’s Attorney, a deputy State’s Attorney, or an assistant State’s Attorney shall:

(1) present cases to the grand jury; and

(2) perform other necessary duties in relation to the grand jury, the District Court of Maryland, and the circuit court, including the juvenile court.

(d) The State’s Attorney may appoint:

(1) two deputy State’s Attorneys who shall serve full time and whose salaries may not be less than 80% of the salary of the State’s Attorney; and

(2) as many assistant State’s Attorneys that the county commissioners authorize and fund.

(e) (1) The State’s Attorney shall appoint a county investigator and an assistant county investigator in accordance with §§ 12–1A and 12–1B of the Allegany County Code.

(2) The county investigator and assistant county investigator shall be funded in accordance with § 12–1A of the Allegany County Code.

(f) The State’s Attorney may not engage in the private practice of law.
Md. Code, Insurance § 15-822.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-822.1
§15–822.
Status: in_force

§15–822.1.

(a) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide coverage for prescription drugs and devices to individuals or groups under health insurance policies or contracts that are delivered in the State; and

(ii) health maintenance organizations that provide coverage for prescription drugs and devices to individuals or groups under contracts that are issued or delivered in the State.

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

(b) An entity subject to this section shall limit the amount a covered individual is required to pay in copayments or coinsurance for a covered prescription insulin drug to not more than $30 for a 30–day supply, regardless of the amount or type of insulin needed to fill the covered individual’s prescription.

(c) An entity subject to this section may set the amount a covered individual is required to pay to an amount that is less than the payment amount limit under subsection (b) of this section.

(d) A contract between an entity subject to this section, or a pharmacy benefits manager through which the entity provides coverage for prescription drugs and devices, and a pharmacy or the pharmacy’s contracting agent, may not:

(1) authorize a party to the contract to charge a covered individual an amount that is more than the payment amount limit under subsection (b) of this section;

(2) require a pharmacy to collect from a covered individual an amount that is more than the payment amount limit under subsection (b) of this section; or

(3) require a covered individual to pay an amount that is more than the payment amount limit under subsection (b) of this section.
Md. Code, Business Occupations and Professions § 15-406 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

(a) Unless a permit is renewed for a 2–year term as provided in this section, the permit expires on the first June 30 that comes:

(1) after the effective date of the permit; and

(2) in an odd–numbered year.

(b) (1) At least 1 month before a permit expires, the Board shall mail or electronically transmit to the permit holder:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current permit expires; and

2. the amount of the permit fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the permit holder, at the last known address of the permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a permit expires, the permit holder periodically may renew it for an additional 2–year term, if the holder:

(1) submits to the Board a renewal application on the form that the Board provides; and

(2) pays to the Board a permit fee set by the Board.

(d) The renewal application form shall require the same information required on the original application form under § 15–403(b) of this subtitle.

(e) The Board shall renew the permit of each permit holder who meets the requirements of this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-2003 — MD Code / Article gab / Title 15 / Subtitle 20 / Section 15-2003
§15–2003.
Status: reserved

(a) A holder of a 6–day or 7–day Class A beer and wine license may sell beer and wine on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(b) Reserved.

(c) A holder of a Class C beer and wine license may sell beer and wine on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer and wine license may sell beer and wine on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(e) A holder of a Class H beer and wine license may sell beer and wine on Monday through Sunday from 6 a.m. to 2 a.m. the following day.
Md. Code, Transportation § 15-801 — MD Code / Article gtr / Title 15 / Subtitle 8 / Section 15-801
§15–801.
Status: in_force

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

(b) “Driving instructor” means any individual who:

(1) For compensation, under any form of agreement or arrangement with a drivers’ school, gives or offers to give instruction in the driving of motor vehicles; or

(2) Otherwise gives or offers to give any other individual instruction in the driving of motor vehicles and receives or expects to receive compensation for that instruction.

(c) “License” means a driving instructor’s license issued by the Administration under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-801 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-801
§15–801.
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 Occupations § 15-205 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

In addition to the powers set forth elsewhere in this title, the Committee:

(1) Shall:

(i) Recommend to the Board:

1. Regulations for carrying out this title; and

2. Any statutory changes that affect the profession; and

(ii) Recommend to the Board approval, modification, or disapproval of an application for licensure or the performance of advanced duties under a collaboration agreement;

(iii) Report to the Board any conduct of a physician or group of physicians who develops a collaboration agreement with a physician assistant or a physician assistant that may be cause for disciplinary action under this title or under § 14–404 of this article; and

(iv) Keep a record of its meetings; and

(2) May:

(i) Provide recommendations regarding the practice of physician assistants; and

(ii) Advise the Board on any other matters related to physician assistants.
Md. Code, Health - General § 15-125 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-125
§15–125.
Status: in_force

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

(2) “Children” means individuals under the age of 12 years.

(3) “Youth” means an individual at least 12 years old and under the age of 22 years.

(b) The Department is the agency of this State to administer a program of services for children and youth who have or are suspected of having special health care needs.

(c) The purpose of this program is to provide reimbursement for medical, diagnostic, corrective, and other services and care to children and youth who have or are suspected of having special health care needs.

(d) The Department may:

(1) Prepare and administer detailed plans for these purposes;

(2) Adopt rules and regulations for administering these plans;

(3) Receive and, in accordance with these plans, spend all funds made available to the Department for these purposes; and

(4) Cooperate with the federal government in extending and improving these services and in administering these plans.
Md. Code, Insurance § 15-217 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-217
§15–217.
Status: in_force

Each policy of health insurance shall contain the following provision:

“Legal actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three (3) years after the written proof of loss is required to be furnished.”
Md. Code, Alcoholic Beverages and Cannabis § 15-806 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-806
§15–806.
Status: in_force

(a) There is a Class H beer and wine license.

(b) The license authorizes the license holder to sell beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $500.
Md. Code, Insurance § 15-125 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-125
§15–125.
Status: in_force

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

(2) (i) “Carrier” means:

1. an insurer;

2. a nonprofit health service plan;

3. a health maintenance organization;

4. a dental plan organization; or

5. any other person that provides health benefit plans subject to regulation by the State.

(ii) “Carrier” includes an entity that arranges a provider panel for a carrier.

(3) “Contract” means the implied or express agreement between a health care provider and carrier, including the rights, obligations, and fee schedule for the provision of health care services.

(4) “Health care provider” means an individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.

(b) (1) A carrier may not in any manner assign, transfer, or subcontract a health care provider’s contract, wholly or partly, to an insurer that offers personal injury protection coverage under § 19-505 of this article without first informing the health care provider and obtaining the health care provider’s express written consent.

(2) A carrier may not terminate, limit, or otherwise impair the contract or employment of a health care provider with the carrier on the basis that the health care provider refused to agree to an assignment, transfer, or subcontract of all or part of the health care provider’s contract to an insurer that offers personal injury protection coverage under § 19-505 of this article.

(c) (1) A carrier that uses a provider panel for health care services may not require a health care provider, as a condition of participation or continuation on the carrier’s provider panel for health care services, to also serve on a provider panel for workers’ compensation services.

(2) A carrier may not terminate, limit, or otherwise impair a contract or an agreement with a health care provider, or terminate or limit the employment of a health care provider, based on the health care provider’s election not to serve on a provider panel for workers’ compensation services.

(3) A carrier shall include in a contract or an agreement with a health care provider a disclosure that informs the health care provider of the right to elect not to serve on a provider panel for workers’ compensation services.
Md. Code, Insurance § 15-844 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-844
§15–844.
Status: in_force

(a) (1) In this section, “prosthesis” means an artificial device to replace, in whole or in part, a leg, an arm, or an eye.

(2) “Prosthesis” includes a custom–designed, –fabricated, –fitted, or –modified device to treat partial or total limb loss for purposes of restoring physiological function.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

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

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

(1) prostheses;

(2) components of prostheses;

(3) repairs to prostheses; and

(4) subject to subsection (d) of this section, replacements of prostheses or prosthesis components.

(d) (1) An entity subject to this section shall provide coverage for replacements of prostheses if an ordering health care provider determines that the provision of a replacement prosthesis or a component of the prosthesis is necessary:

(i) because of a change in the physiological condition of the patient;

(ii) unless necessitated by misuse, because of an irreparable change in the condition of the prosthesis or a component of the prosthesis; or

(iii) unless necessitated by misuse, because the condition of the prosthesis or the component of the prosthesis requires repairs and the cost of the repairs would be more than 60% of the cost of replacing the prosthesis or the component of the prosthesis.

(2) An entity subject to this section may require an ordering health care provider to confirm that the prosthesis or component of the prosthesis being replaced meets the requirements of paragraph (1) of this subsection if the prosthesis or component is less than 3 years old.

(e) The covered benefits under this section may not be subject to a higher copayment or coinsurance requirement than the copayment or coinsurance for other similar medical and surgical benefits covered under the policy or contract of the insured or enrollee.

(f) An entity subject to this section may not impose an annual or lifetime dollar maximum on coverage required under this section separate from any annual or lifetime dollar maximum that applies in the aggregate to all covered benefits under the policy or contract of the insured or enrollee.

(g) (1) An entity subject to this section may not establish requirements for medical necessity or appropriateness for the coverage required under this section that are more restrictive than the indications and limitations of coverage and medical necessity established under the Medicare Coverage Database.

(2) The covered benefits under this section include prostheses determined by a treating health care provider to be medically necessary for:

(i) completing activities of daily living;

(ii) essential job–related activities; or

(iii) performing physical activities, including running, biking, swimming, strength training, and other activities to maximize the whole–body health and lower or upper limb function of the insured or enrollee.

(h) An entity subject to this section that uses a provider panel for a policy or contract described in subsection (b) of this section and the provision of covered benefits under this section shall comply with § 15–112(b)(3) of this title.
Md. Code, Estates and Trusts § 15-501 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

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

(b) (1) “Accounting period” means a calendar year unless another 12-month period is selected by a fiduciary.

(2) “Accounting period” includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.

(c) “Beneficiary” includes, in the case of a decedent’s estate, an heir and legatee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

(d) (1) “Fiduciary” means a personal representative or a trustee.

(2) “Fiduciary” includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.

(e) (1) “Income” means money or property that a fiduciary receives as current return from a principal asset.

(2) “Income” includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Part IV of this subtitle.

(f) “Income beneficiary” means a person to whom net income of a trust is or may be payable.

(g) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee’s discretion.

(h) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

(i) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this subtitle to or from income during the period.

(j) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(k) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates.

(l) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends.

(m) “Terms of a trust” means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.

(n) “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

(o) “Unitrust” means a trust from which the income beneficiary is entitled to receive annually a fixed percentage of the fair market value of the trust’s assets.
Md. Code, Commercial Law § 15-210.1 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-210.1
§15–210.
Status: in_force

§15–210.1.

A conveyance is not fraudulent as to a creditor if, conducted in accordance with applicable law, the conveyance results from:

(1) A foreclosure sale;

(2) A sale to enforce a statutory lien;

(3) A judicial sale; or

(4) A sale of property under levy.
Md. Code, Alcoholic Beverages and Cannabis § 15-1503 — MD Code / Article gab / Title 15 / Subtitle 15 / Section 15-1503
§15–1503.
Status: in_force

Before the Board issues a license, the Board shall consider and determine as suitable:

(1) the moral character and financial responsibility of the applicant;

(2) the appropriateness of the location of the place described in the application, taking into consideration the number of existing licenses; and

(3) the general fitness of the applicant to uphold the public trust.
Md. Code, Alcoholic Beverages and Cannabis § 15-1802 — MD Code / Article gab / Title 15 / Subtitle 18 / Section 15-1802
§15–1802.
Status: in_force

The Board may require an applicant for a license renewal to meet the requirements of § 4–107 of this article.
Md. Code, Insurance § 15-10A-09 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-09
§15–10A–09.
Status: in_force

(a) The Commissioner shall adopt regulations to carry out this subtitle.

(b) In addition to the requirements of subsection (a) of this section, the Commissioner shall adopt by regulation a requirement that each carrier provide a mechanism in a form and manner that the Commissioner may require to enable a member to:

(1) be informed of the member’s right to challenge a decision made by a carrier that resulted in the nonpayment of a health care service; and

(2) access the Consumer Education and Advocacy Program in the Administration.
Md. Code, Estates and Trusts § 15-113 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

An entity that controls, is controlled by, or is under common control with a trust company shall be jointly and severally liable for claims against the trust company when the trust company is acting as a trustee of bond indentures or similar debt issuances, if the trust company:

(1) May exercise trust or fiduciary powers in the State; and

(2) Meets the qualifications under 12 U.S.C. § 1841(c)(2)(D).
Md. Code, Transportation § 15-807 — MD Code / Article gtr / Title 15 / Subtitle 8 / Section 15-807
§15–807.
Status: in_force

(a) In addition to the other grounds specified in Subtitle 1 of this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this subtitle to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that the person:

(1) Has been convicted of a crime of moral turpitude; or

(2) As to any driving instructor that is a participant in the Maryland driver education program, the person has failed to comply with any of the provisions of or any of the rules and regulations adopted under the Maryland Driver Education Program Act.

(b) As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or refusal to renew a license under this section, the Administration may order the licensee to pay a fine not exceeding $1,000 for each violation of this subtitle.
Md. Code, Health - General § 15-1005 — MD Code / Article ghg / Title 15 / Subtitle 10 / Section 15-1005
§15–1005.
Status: in_force

§15–1005. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2030 PER CHAPTER 48 OF 2024 //

(a) On or before June 30 of each year, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly that includes a summary of Program activities for the year and any recommendations for consideration by the General Assembly.

(b) (1) The Department shall adopt regulations to carry out this subtitle.

(2) The Department may adopt regulations that require an insurance producer to receive training about the Program before the insurance producer may market the Program or assist a Medicare beneficiary to enroll in the Program.

(3) Subject to § 10–116(d) of the Insurance Article, training received under paragraph (2) of this subsection qualifies as continuing education under § 10–116(a) of the Insurance Article.
Md. Code, Transportation § 15-405 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

In addition to the information required under Subtitle 1 of this title, each application for a license shall include:

(1) The name and business address of the licensed dealer by whom the applicant is or will be employed; or

(2) A statement that the applicant is himself a licensed dealer.
Md. Code, Insurance § 15-413 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-413
§15–413.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies to each group health insurance policy that:

(i) 1. is issued or delivered in the State;

2. is issued to a policyholder that is incorporated or has a main office in the State; or

3. covers individuals who reside or work in the State; and

(ii) provides benefits in the event of the disability of an individual covered under the policy.

(2) This section does not apply to:

(i) a policy issued under Title 13 of this article if the insurance under the policy is terminated because of the prepayment or refinancing, wholly or partly, with the same creditor of a prior debt; or

(ii) except as the Commissioner provides by regulation, a group policy issued to an employer to cover its employees.

(b) Each group policy subject to this section shall provide that a covered individual whose coverage under the group policy is terminated for any reason other than failure of the covered individual to pay a required premium or contribution is entitled, without evidence of insurability, to an individual policy of disability income insurance.

(c) By regulation the Commissioner may exempt from the requirements of this section certain types of group policies that the Commissioner considers appropriate.

(d) (1) An individual policy issued under this section shall take effect immediately after the termination of coverage under the group policy if the covered individual:

(i) makes a timely written request for an individual policy; and

(ii) pays the first premium for the individual policy.

(2) By regulation the Commissioner shall establish rules to determine when a written request and payment of the required premium are timely.

(e) An individual policy issued under this section shall be guaranteed renewable for the term or to the limiting age for which benefits would have been provided if coverage under the group policy had not terminated.

(f) The level of benefits under an individual policy issued under this section shall equal approximately the disability benefits that would have been provided if coverage under the group policy had not terminated.

(g) (1) The premium for an individual policy issued under this section shall be determined in accordance with the insurer’s table of premium rates that is applicable to the attained age and class of risk of the covered individual for the type and amount of insurance provided.

(2) The insurer shall reserve the right to change the premium on any policy anniversary subject to approval by the Commissioner.

(h) The Commissioner may establish requirements that govern notification by the insurer or group policyholder to the individual whose coverage under the group policy is being terminated of the right of conversion to an individual policy.

(i) The insurer may limit the right of conversion to individuals who have been covered under the group policy for at least 1 year.

(j) Each group health insurance policy that was issued before January 1, 1984, shall be amended to comply with the requirements of this section on the first policy renewal anniversary date on or after January 1, 1984.
Md. Code, Estates and Trusts § 15-203 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: reserved

(a) Except as provided in subsection (b) of this section, if any negotiable instrument payable or indorsed to a fiduciary is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to the fiduciary’s principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of the principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of the obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of the obligation as fiduciary unless the indorsee takes the instrument with actual knowledge of the breach or with knowledge of the facts that the action of the indorsee in taking the instrument amounts to bad faith.

(b) If an instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of the obligation as fiduciary in transferring the instrument.
Md. Code, Real Property § 15-102 — MD Code / Article grp / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

Unless otherwise specifically provided in this article, the provisions of this article are applicable on the effective date. In addition,

(1) Section 3–101(a) of this article applies to all deeds whether executed before or after the effective date.

(2) Section 3–102 of this article applies to all instruments whether recorded before or after the effective date.

(3) Section 3–104(f)(1) of this article applies only to documents executed on or after May 31, 1966.

(4) Section 3–104(f)(2) of this article applies only to all deeds recorded after June 1, 1967.

(5) Section 3–104(f)(6) of this article applies only to all deeds recorded after June 1, 1965.

(6) Sections 4–101 and 4–103 of this article apply only to all deeds executed on or after the effective date.

(7) Section 4–106(e) of this article applies only to all mortgages and deeds of trust executed on or after the effective date.

(8) Section 2–113 of this article applies only to all deeds executed after April 7, 1886.

(9) Section 2–114 of this article applies to all inter vivos instruments executed on or after the effective date and to all testamentary instruments where the testator died after the effective date.

(10) Section 7–101 of this article applies only to mortgages and mortgage assignments executed on or after the effective date.

(11) Section 7–102 of this article applies only to mortgages and deeds of trust executed on or after the effective date.

(12) Section 7–103(b) of this article applies only to payments made on or after the effective date.

(13) Section 7–105.6 of this article applies to all mortgages or deeds of trust whether executed before or after the effective date.

(14) Section 7–106(a) of this article applies only to deeds of trust executed on or after the effective date.

(15) Section 7–106(c) of this article applies to all proceedings instituted on or after the effective date, whether the mortgage or deed of trust was executed before or after the effective date.

(16) Section 8–203(b) of this article applies only to those leases entered into, renegotiated, or renewed after July 1, 1972.

(17) Section 8–203(d) of this article applies to all security deposits held by a landlord before July 1, 1972, with interest accruing from July 1, 1972, and to all security deposits received by the landlord on or after July 1, 1972, with interest accruing from the date of receipt.

(18) Section 8–402(a) of this article applies to all leases whose terms expire on or after the effective date, whether or not the lease term commenced before the effective date.

(19) Section 10–401 of this article applies to all contracts whether recorded before or after the effective date.

(20) Section 10–402 of this article applies to all options whether recorded before or after the effective date.

(21) Section 14–103 of this article applies to all sales mentioned in that section which occur on or after the effective date.

(22) Section 14–111 of this article applies to all proceedings commenced on or after the effective date.
Md. Code, Insurance § 15-1302 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1302
§15–1302.
Status: in_force

(a) This subtitle applies to all carriers that offer health benefit plans to individuals in the State.

(b) This subtitle does not apply to a carrier that offers only conversion policies as required by law.

(c) This subtitle does not apply to a carrier that offers health insurance coverage only in connection with group health plans.
Md. Code, Business Occupations and Professions § 15-407 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

Within 1 month after the effective date of the change or occurrence, a permit holder shall notify the Board in writing if there has been a change in:

(1) the identity of the person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; or

(2) the name of the corporation, partnership, or limited liability company.
Md. Code, Election Law § 15-102 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

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

(b) “Comptroller” means the Comptroller of the State.

(c) “Contribution card” means a document signed, including by electronic signature, by a donor attesting that the contribution made to a campaign is made with the personal funds of the donor.

(d) “Eligible gubernatorial ticket” means a gubernatorial ticket that qualifies to receive a public contribution.

(e) “Eligible private contribution” means a monetary private contribution from an individual who is a resident of the State that does not exceed $250 in the aggregate for the election cycle and is accompanied by a contribution card.

(f) “Fund” means the “Fair Campaign Financing Fund”.

(g) “Gubernatorial ticket” means a Governor–Lieutenant Governor unit.

(h) “Private contribution” means a contribution or series of contributions from an individual that does not exceed $250 in the aggregate for the election cycle in which the contribution is made.

(i) “Public contribution” means money distributed from the Fund to a gubernatorial ticket under this title.
Md. Code, Land Use § 15-104 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

(a) This section applies to each commissioner appointed by the Montgomery County Council under §§ 15–102 and 15–103 of this subtitle.

(b) (1) The Montgomery County Council may require an applicant for appointment as a commissioner to be interviewed by the County Council or its designated agent in private regarding possible or potential conflicts of interest.

(2) Before the appointment is made, the County Council or its designated agent shall interview in private an applicant who is selected for appointment regarding possible or potential conflicts of interest.

(c) An applicant may not be appointed unless the applicant:

(1) has filed a financial disclosure statement as required by § 5–824 of the General Provisions Article; and

(2) has been interviewed as required by subsection (b) of this section.

(d) (1) In an interview under this section, the applicant shall be interviewed:

(i) under oath;

(ii) in a question and answer format; and

(iii) about information and interests including all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, parent, child, brother, or sister.

(2) The County Council may require the applicant to produce relevant documents.

(e) (1) A written transcript shall be made of all questions and answers in an interview under this section.

(2) Unless the examination is waived by the applicant:

(i) the transcript shall be submitted to the applicant for examination;

(ii) the transcribing officer shall make any changes in the transcript that the applicant desires to make, accompanied by a statement of the reason given by the applicant for the changes; and

(iii) the applicant shall sign the transcript.

(3) The transcribing officer shall certify on the transcript that:

(i) the applicant was sworn by the officer; and

(ii) the transcript is a true record of the testimony given by the applicant.

(4) The County Council shall:

(i) publicly disclose the complete transcript of an appointee within 3 weeks after the date of the appointment; and

(ii) when the appointee takes office, destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript.

(f) (1) On or before June 1 of each year, an appointee shall disclose, in writing, to the County Council all information available to make current the property holdings, business interests, and financial interests in the State and the greater Washington metropolitan area of the appointee and the appointee’s spouse, parent, child, brother, or sister.

(2) The County Council shall publicly disclose the information received from the appointee.

(3) If the County Council determines it necessary, the County Council may require substantiation and additional information.
Md. Code, Transportation § 15-105 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) (1) A person who is licensed under this title may conduct the licensed activity only from a fixed location, as specified in the application for the license, unless conducting wholesale transactions at auctions or at other licensed dealership locations.

(2) The books of account and records of, except as otherwise specified by law, the licensee shall be kept at that location.

(3) A person, who holds multiple licenses at more than one location and has established a computerized data processing record keeping system at one of his locations, may keep certain records, as designated by the Administrator, of all his licensed activities at the centralized location, provided prior approval of the Administrator has been granted.

(b) A licensee may not remove or relocate the location specified for the licensed activity, unless the licensee has applied for and obtained a supplemental license from the Administration.

(c) A licensee may not open any additional location other than a location specified for the licensed activity, unless the licensee has applied for and obtained a supplemental license from the Administration.

(d) Each licensee under this title shall maintain and keep records required by this article.

(e) The records shall be kept for 3 years after the transaction to which it applies.

(f) During business hours, the records of the licensee shall be open to inspection by the Administration or any police officer while discharging his official duties.
Md. Code, State Finance and Procurement § 15-212 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-212
§15–212.
Status: in_force

(a) In connection with a proceeding authorized under this subtitle, the Appeals Board may:

(1) administer oaths;

(2) certify to all official acts; and

(3) at the request of a party to the proceeding:

(i) issue subpoenas for the attendance and testimony of witnesses or the production of documents; and

(ii) compel the testimony of witnesses.

(b) If a person fails to comply with a subpoena or order compelling testimony under this section, on petition of the Appeals Board, a court of competent jurisdiction may pass an order directing compliance with the subpoena or compelling testimony.

(c) (1) A person who, under oath, willfully makes a false statement about a matter before the Appeals Board is guilty of perjury.

(2) A person who causes another person under oath to make a false statement about a matter before the Appeals Board is guilty of subornation of perjury.

(3) A person who commits perjury or subornation of perjury under this section is subject to the penalty provided in §§ 9-101 and 9-102 of the Criminal Law Article.
Md. Code, Insurance § 15-1102 — MD Code / Article gin / Title 15 / Subtitle 11 / Section 15-1102
§15–1102.
Status: in_force

(a) In this section, “employee” includes:

(1) an officer, manager, or retired employee of an employer;

(2) a sole proprietor if the employer is a sole proprietorship; and

(3) a partner if the employer is a partnership.

(b) Health insurance on a franchise plan is the form of health insurance:

(1) that is issued to:

(i) three or more employees of a corporation, partnership, sole proprietorship, or governmental corporation, agency, or department; or

(ii) ten or more members, employees, or employees of members of a labor union, or trade, professional, or other association, that is organized in good faith for purposes other than obtaining insurance, has a constitution or bylaws, and has had an active existence for at least 2 years;

(2) under which the individuals insured, with or without their dependents, are issued the same form of an individual policy that varies only as to amounts and kinds of coverage applied for; and

(3) under which the premiums on the individual policies may be paid to the insurer periodically by:

(i) the employer, with or without payroll deductions;

(ii) the labor union or association for its members; or

(iii) a designated person acting on behalf of the employer, labor union, or association.
Md. Code, Health Occupations § 15-501 — MD Code / Article gho / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

This title may be cited as the “Maryland Physician Assistants Act”.
Md. Code, Health - General § 15-148 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-148
§15–148.
Status: in_force

(a) Except for a drug or device for which the U.S. Food and Drug Administration has issued a black box warning, the Program and the Maryland Children’s Health Program may not apply a prior authorization requirement for a contraceptive drug or device that is:

(1) (i) An intrauterine device; or

(ii) An implantable rod;

(2) Approved by the U.S. Food and Drug Administration; and

(3) Obtained under a prescription written by an authorized prescriber.

(b) The Program and the Maryland Children’s Health Program shall provide coverage for a single dispensing to an enrollee of a supply of prescription contraceptives for a 12–month period.
Md. Code, Land Use § 15-108 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) (1) (i) Each commissioner other than the chair is entitled to an annual salary of $5,600.

(ii) The chair of the Commission is entitled to an annual salary of $6,100.

(2) All salaries shall be paid monthly from the administrative tax collected by the Commission under § 18–307 of this article.

(3) (i) Subject to subparagraph (ii) of this paragraph, each commissioner is entitled to an annual expense allowance not exceeding $2,400, in accordance with rules and regulations the Commission adopts.

(ii) A commissioner shall submit a voucher showing the expenses.

(b) (1) (i) With the approval of the County Executive of Montgomery County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Montgomery County to serve on a full–time basis.

(ii) If the County Executive fails to approve a supplementary salary authorization by the County Council within 30 days after the authorization is submitted, the County Council, by an affirmative vote of eight of its members, may authorize the supplementary salary without the approval of the County Executive.

(2) On the recommendation of the County Executive of Prince George’s County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Prince George’s County to serve on a full–time basis.

(3) Any supplementary salary authorized under this subsection shall be paid from the administrative tax collected by the Commission under § 18–307 of this article.
Md. Code, Estates and Trusts § 15-519 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-519
§15–519.
Status: in_force

(a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

(1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (1) and (2) of this subsection; or

(4) To principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to paragraph (1), (2), or (3) of this subsection.

(b) In determining net receipts to be allocated pursuant to subsection (a) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(c) This subtitle applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

(d) (1) If a trust owns an interest in timberland on October 1, 2001, the trustee may allocate net receipts from the sale of timber and related products as provided in this subtitle or in the manner used by the trustee before October 1, 2000.

(2) If the trust acquires an interest in timberland after October 1, 2000, the trustee shall allocate net receipts from the sale of timber and related products as provided in this subtitle.
Md. Code, Insurance § 15-1628 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1628
§15–1628.
Status: in_force

(a) (1) At the time of entering into a contract with a pharmacy or a pharmacist, and at least 30 working days before any contract change, a pharmacy benefits manager shall disclose to the pharmacy or pharmacist:

(i) the applicable terms, conditions, and reimbursement rates;

(ii) the process and procedures for verifying pharmacy benefits and beneficiary eligibility;

(iii) the dispute resolution and audit appeals process; and

(iv) the process and procedures for verifying the prescription drugs included on the formularies used by the pharmacy benefits manager.

(2) (i) This paragraph does not apply to a requirement that a specialty pharmacy obtain national certification to be considered a specialty pharmacy in a pharmacy benefits manager’s or carrier’s network.

(ii) For purposes of credentialing a pharmacy or a pharmacist as a condition for participating in a pharmacy benefits manager’s network for a carrier, the pharmacy benefits manager may not:

1. require a pharmacy or pharmacist to renew credentialing more frequently than once every 3 years; or

2. charge a pharmacy or pharmacist a fee for the initial credentialing or renewing credentialing.

(b) (1) Each contract form or an amendment to a contract form between a pharmacy benefits manager and a pharmacy or a pharmacy services administrative organization, as defined in § 15–2001 of this title, acting on behalf of a pharmacy may not become effective unless at least 30 days before the contract form or amendment to the contract form is to become effective, the pharmacy benefits manager files an informational filing with the Commissioner in the manner required by the Commissioner that includes a copy of the contract form or amendment to the contract form.

(2) The Commissioner is not required to review the informational filing to evaluate whether a contract form or amendment to a contract form is in violation of this subtitle at the time the informational filing is made.

(3) The Commissioner may review and disapprove a contract form or amendment to a contract form at any time after the contract form or amendment to the contract form has been submitted as part of an informational filing.
Md. Code, Health - General § 15-124.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-124.2
§15–124.
Status: in_force

§15–124.2.

(a) In this section, “Program” means the Maryland Medbank Program established under this section.

(b) There is a Maryland Medbank Program.

(c) The purpose of the Program is to improve the health status of individuals throughout the State who lack prescription drug coverage by providing access to medically necessary prescription drugs through patient assistance programs sponsored by pharmaceutical drug manufacturers.

(d) (1) Subject to paragraph (2) of this subsection, the Program shall be administered by the Medbank of Maryland, Inc.

(2) The Medbank of Maryland, Inc. shall contract with one or more government or nonprofit entities to operate the Program.

(e) (1) The Program shall be funded through a grant provided by the Department.

(2) Program funds may be used in part to:

(i) Purchase interim supplies of prescription drugs for enrollees who have applied to participate in a manufacturer’s patient assistance program but have not yet received the approved prescription drug; and

(ii) Distribute medication to enrollees who have been approved to participate in a manufacturer’s patient assistance program.

(f) (1) The Medbank of Maryland, Inc. shall ensure that the Program is available to residents in each of the following geographic regions of the State:

(i) Western Maryland;

(ii) The Eastern Shore;

(iii) The Baltimore metropolitan area;

(iv) The Maryland counties in the Washington, D.C. metropolitan area; and

(v) Southern Maryland, including Anne Arundel County.

(2) Medbank of Maryland, Inc. shall be the central coordinating office for the State.

(g) Eligibility for the Program shall be limited only by the criteria established by pharmaceutical manufacturers for their patient assistance programs.

(h) (1) The Department shall require detailed financial reports at least quarterly from Medbank of Maryland, Inc.

(2) The Medbank of Maryland, Inc. shall release funds to the entities that operate the Program as needed and justified by the quarterly reports filed in accordance with paragraph (1) of this subsection.
Md. Code, Insurance § 15-716 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-716
§15–716.
Status: in_force

(a) This section applies to individual, group, or blanket health insurance policies and contracts delivered or issued for delivery in the State by insurers, nonprofit health service plans, and health maintenance organizations that provide coverage for services that are within the lawful scope of practice of a licensed pharmacist.

(b) An entity subject to this section shall provide coverage for services rendered by a licensed pharmacist acting within the pharmacist’s lawful scope of practice to an individual who is covered under a policy or contract issued or delivered by the entity, to the same extent as services rendered by any other licensed health care practitioner.

(c) Reimbursement for services provided under this section may not be conditioned on whether the licensed pharmacist is:

(1) employed by a physician, pharmacy, or facility; or

(2) acting under a physician’s orders.
Md. Code, Alcoholic Beverages and Cannabis § 15-2701 — MD Code / Article gab / Title 15 / Subtitle 27 / Section 15-2701
§15–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”);

(2) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(3) § 6–306 (“Defense to prosecution for sale to underage individual”);

(4) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”);

(5) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”);

(6) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(7) § 6–310 (“Providing free food”);

(8) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(9) § 6–312 (“Beverage misrepresentation”);

(10) § 6–313 (“Tampering with alcoholic beverage container”);

(11) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(12) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(13) § 6–316 (“Maximum alcohol content”);

(14) § 6–317 (“Multiple serving purchase required”);

(15) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”);

(16) § 6–320 (“Disorderly intoxication”);

(17) § 6–321 (“Consumption of alcoholic beverages in public”);

(18) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(19) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(20) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(21) § 6–328 (“Tax evasion”);

(22) § 6–329 (“Destruction of evidence”); and

(23) § 6–330 (“Perjury”).

(b) Section 6–322 (“Possession of open container”) of Division I of this article applies in the county, subject to § 15–2702 of this subtitle.
Md. Code, Education § 15-102 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) Each public institution of higher education may honor credit cards as payment for:

(1) Tuition and fees;

(2) Room and board; and

(3) Any goods or services purchased from other auxiliary enterprises.

(b) The governing boards of the institutions shall determine which credit cards are acceptable for this purpose. However, a public institution may not accept a credit card from any credit card company which charges that institution a vendor discount, service charge or similar fee in excess of 2.5 percent.
Md. Code, Insurance § 15-829 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-829
§15–829.
Status: in_force

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

(2) “Chlamydia screening test” means any laboratory test that:

(i) specifically detects for infection by one or more agents of chlamydia trachomatis; and

(ii) is approved for this purpose by the federal Food and Drug Administration.

(3) “Human papillomavirus screening test” means any laboratory test that:

(i) specifically detects for infection by one or more agents of the human papillomavirus; and

(ii) is approved for this purpose by the federal Food and Drug Administration.

(4) “Multiple risk factors” means having a prior history of a sexually transmitted disease, new or multiple sex partners, inconsistent use of barrier contraceptives, or cervical ectopy.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

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

(c) An entity subject to this section shall:

(1) provide coverage for an annual routine chlamydia screening test for:

(i) women who are:

1. under the age of 20 years if they are sexually active; and

2. at least 20 years old if they have multiple risk factors; and

(ii) men who have multiple risk factors; and

(2) provide coverage for a human papillomavirus screening at the testing intervals outlined in the recommendations for cervical cytology screening developed by the American College of Obstetricians and Gynecologists.

(d) (1) Subject to paragraph (2) of this subsection, the coverage required under this section may be subject to a copayment or coinsurance requirement or deductible that an entity subject to this section imposes for similar coverages under the same policy or contract.

(2) The copayment or coinsurance requirement or deductible imposed under paragraph (1) of this subsection may not be greater than the copayment or coinsurance requirement or deductible imposed by the entity for similar coverages.

(e) Nothing in this section may be construed to prohibit an entity subject to this section from providing coverages that are greater than or more favorable to an insured or enrollee than the coverage required under this section.
Md. Code, Environment § 15-306 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

The examining authority shall keep the applications for certificates, any supporting evidence, and the records of the examinations as a permanent record. It shall endorse on each application the action taken.
Md. Code, Insurance § 15-1002 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1002
§15–1002.
Status: in_force

To provide a standard system of payment for medical services, each claim form for use under an individual or group health insurance policy that is issued or delivered in the State shall conform to a form or regulations that the Commissioner adopts.
Md. Code, Estates and Trusts § 15-311 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-311
§15–311.
Status: in_force

This subtitle may be cited as the Maryland Uniform Act for the Simplification of Fiduciary Security Transfers.
Md. Code, Insurance § 15-857 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-857
§15–857.
Status: in_force

(a) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide labor and delivery coverage to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

(ii) health maintenance organizations that provide labor and delivery coverage to individuals or groups under contracts that are issued or delivered in the State.

(2) This section does not apply to a multistate plan that does not provide coverage for abortions in accordance with 42 U.S.C. § 18054(a)(6).

(3) An organization that is eligible to obtain an exclusion from the coverage requirements under § 15–826 of this subtitle may obtain from an entity subject to this section an exclusion from the coverage and notice requirements of this section if the requirements conflict with the organization’s bona fide religious beliefs and practices.

(b) Except as provided in subsection (c) or (d) of this section and notwithstanding § 31–116(a) of this article, an entity subject to this section shall:

(1) cover abortion care services without:

(i) a deductible, coinsurance, copayment, or any other cost–sharing requirement; and

(ii) restrictions that are inconsistent with the protected rights under Title 20, Subtitle 2 of the Health – General Article; and

(2) provide information to consumers about abortion care coverage using the terminology “abortion care” to describe coverage.

(c) If the Commissioner determines that enforcement of this section may adversely affect the allocation of federal funds to the State, the Commissioner may grant an exemption to the requirements of this section to the minimum extent necessary to ensure the continued receipt of federal funds.

(d) A high–deductible plan, as defined in 26 U.S.C. § 223(c)(2)(C) of the Internal Revenue Code, is exempt from the requirements of this section if the Commissioner determines that abortion care services are excluded from the safe harbor provisions for preventive care under § 223(c)(2)(C) of the Internal Revenue Code.
Md. Code, Transportation § 15-306 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

In addition to the information required under Subtitle 1 of this title, each application for a license shall include:

(1) The type of dealership applied for;

(2) If the application is made for a partnership, the name and address of each partner applying for the partnership;

(3) If the application is made for a corporation or for a partnership by a corporate partner, the name and address of each of the officers applying for the corporation or partnership;

(4) If the application is made for a corporation, the place of its incorporation; and

(5) The nature of the business to be conducted at each address.
Md. Code, Health Occupations § 15-306 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

A license authorizes the licensee to practice as a physician assistant while the license is effective.
Md. Code, Environment § 15-815 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-815
§15–815.
Status: in_force

(a) (1) Any permittee engaged in surface mining under a surface mining permit may apply at any time for modification of the permit.

(2) The application shall be in writing on forms furnished by the Department and fully state the information called for.

(3) The applicant may be required to furnish additional information that the Department reasonably deems necessary to enforce this subtitle.

(4) If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information.

(b) (1) A modification under this section may affect:

(i) The land area covered by the permit;

(ii) The approved mining and reclamation plan coupled with the permit; or

(iii) Other terms and conditions of the permit.

(2) (i) A permit may be modified to include land contiguous to the existing affected land, but not other lands.

(ii) The mining and reclamation plan may be modified in any manner, if the Department determines that the modified plan fully meets the standards set forth in § 15–822 of this subtitle and that the modifications would be generally consistent with the bases for the issuance of the original permit.

(iii) Other terms and conditions may be modified only if the Department determines that the permit as modified would meet the requirements of §§ 15–808 and 15–810 of this subtitle.

(iv) A modification may not extend the expiration date of any permit issued under this subtitle.

(c) Except as otherwise provided in subsection (d) of this section, a $150 fee shall be charged for a permit modification.

(d) (1) In addition to the fee required in subsection (c) of this section, a fee shall be charged equal to:

(i) $18.50 for each additional acre of affected land over and above the amount of land covered in the original permit for each year of operation, not to exceed $3,000; and

(ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year.

(2) The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter.

(e) The Department shall approve and grant the permit modification requested as expeditiously as possible but not later than 30 days after the application forms or any supplemental information required are filed with the Department.

(f) The Department may deny the permit modification on finding:

(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle;

(2) Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of the modification; or

(3) Failure or refusal to pay the modification fee.

(g) If the Department denies an application to modify a permit, the Department shall give the permittee written notice of:

(1) The Department’s determination;

(2) Any changes in the application which would make it acceptable; and

(3) The permittee’s right to a hearing at a stated time and place.

(h) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.
Md. Code, Insurance § 15-1214 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1214
§15–1214.
Status: in_force

Notwithstanding any other provision of this subtitle, health benefit plans shall reimburse hospitals in accordance with rates approved by the State Health Services Cost Review Commission.
Md. Code, Environment § 15-307 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-307
§15–307.
Status: in_force

An applicant who is aggrieved by the examining authority’s refusal to grant a first–class mine foreman certificate or permit of competence may apply to the Secretary of Budget and Management who shall review the examination. If the Secretary of Budget and Management finds the refusal unwarranted, the Secretary shall direct that the applicant be awarded the certificate or permit. If the Secretary upholds the decision of the examining authority, the applicant may appeal to the circuit court for the county in which the applicant resides. The court may hear and determine the matter, issuing any order as may be just.
Md. Code, Real Property § 15-103 — MD Code / Article grp / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: reserved

Except as expressly provided to the contrary in this article, transactions validly entered into before the effective date and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute amended or repealed by this article as though such repeal or amendment had not occurred.
Md. Code, Health - General § 15-905 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-905
§15–905.
Status: in_force

The certification of an exclusive representative of independent home care providers by the State agencies engaged in collective bargaining under this subtitle does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the State agencies engaged in collective bargaining at a public meeting or hearing or at any other forum of the State agencies.
Md. Code, Environment § 15-806 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-806
§15–806.
Status: in_force

The Department may employ qualified surface mine inspectors and other personnel deemed necessary by the Department to enforce the provisions of this subtitle and any rules and regulations adopted under it. The Department shall establish standards of qualification for surface mine inspectors, particularly as regards the disciplines of mining engineering, civil engineering, water quality, geology, hydrology, agronomy, forestry, biology, health, safety, and any other field deemed necessary for qualification.
Md. Code, Transportation § 15-710 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-710
§15–710.
Status: in_force

(a) In addition to the other grounds specified in Subtitle 1 of this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this subtitle to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:

(1) The person has made a material misrepresentation or concealed a material fact in obtaining a license;

(2) The person is not the true owner of the drivers’ school;

(3) The person or any partner, officer, director, or stockholder of the person, or any other person who has a direct or indirect interest in the drivers’ school:

(i) Was the holder of a drivers’ school license that was suspended or revoked by the Administration; or

(ii) Was an officer, director, stockholder, or partner in a drivers’ school the license of which was suspended or revoked by the Administration;

(4) The person or any partner, officer, agent, or employee of the person has committed any fraud in connection with the business conducted under the license, including:

(i) Inducing any individual to obtain a driver’s license by illegal or improper means;

(ii) Representing or implying to any individual by word or deed that a driver’s license or any other license, registration, or other document or service granted by the Administration may be obtained by any means other than those specified by law; or

(iii) Furnishing or obtaining by illegal or improper means any license, registration, or other document or service granted by the Administration, or requesting or accepting money for that purpose; or

(5) As to any drivers’ school that is a participant in the Maryland driver education program, the person has failed to comply with any of the provisions of or any of the rules and regulations adopted under the Maryland Driver Education Program Act.

(b) Notwithstanding the renewal of any license, the Administration may revoke or suspend that license for any violation or other cause, as permitted by this title, that occurred during the 2 license years immediately preceding the renewal.

(c) As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or refusal to renew a license under this section, the Administration may order the licensee to pay a fine not exceeding $1,000 for each violation of this subtitle.
Md. Code, Insurance § 15-603 — MD Code / Article gin / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) If the Maryland Department of Health notifies an insurer or nonprofit health service plan that the Department has paid for or provided services to an individual who is covered under an individual, group, or blanket health insurance policy or contract that the insurer or nonprofit health service plan issued, delivered, or renewed in the State, the insurer or nonprofit health service plan shall reimburse the Department for the cost of the services, regardless of any provision in the health insurance policy or contract that requires payment to the policyholder, subscriber, or another payee.

(b) (1) The benefits payable to the Maryland Department of Health under this section are limited to those benefits available under the terms and conditions of the health insurance policy or contract for the services paid for or provided by the Department.

(2) An insurer or nonprofit health service plan is not required to make payment to the Department under this section if, before receiving notice from the Department under subsection (a) of this section, the insurer or nonprofit health service plan has paid the benefits available under the health insurance policy or contract in good faith and in accordance with the terms and conditions of the policy or contract.

(c) Notwithstanding any other provision of a health insurance policy, contract, or certificate, an insurer or nonprofit health service plan may not refuse to reimburse the Maryland Department of Health because of the manner, form, or date of a claim for reimbursement if, within 2 years after the date of the service for which reimbursement is sought, the Department provides to the insurer or nonprofit health service plan sufficient information to determine the liability of the insurer or nonprofit health service plan.
Md. Code, Election Law § 15-110 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

(a) Except as provided in subsection (b) of this section, any balance in the Fund after a gubernatorial election shall remain in the Fund for the purposes of this title.

(b) If general funds are appropriated to the Fund under § 15–103(f)(2) of this title, the State Board shall authorize repayment to the General Fund of the State of the amount that exceeds the amount necessary to provide for a full contribution for eligible candidates described under § 15–103(f)(1) of this title.
Md. Code, Insurance § 15-10B-17 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-17
§15–10B–17.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section does not apply to:

(i) a private review agent referring an individual to a health care provider or facility that participates in a health maintenance organization;

(ii) a preferred provider organization network of participating health care providers or facilities to which the individual would otherwise be referred as part of the individual’s membership or insurance contract; or

(iii) an employee assistance program referring an individual to a network of participating health care providers or facilities in accordance with a contract with the individual’s employer or labor union to provide comprehensive mental health and substance abuse services.

(2) A private review agent or any other individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may not approve or fail to approve a course of treatment based on whether the treatment is delivered by a provider who is a participating or nonparticipating provider in the preferred provider organization or employee assistance program network.

(b) A private review agent or any individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may not:

(1) refer a patient who has undergone utilization review by the private review agent to:

(i) a health care facility in which the private review agent owns a significant beneficial interest; or

(ii) the private review agent’s own health care practice;

(2) pay or agree to pay any sum to, or accept or agree to accept any sum from, any person for bringing or referring a patient to the private review agent; or

(3) provide for different insurance coverage or benefits based on receiving the service from a health care facility or health care provider in which the private review agent owns a significant beneficial interest.

(c) A private review agent or any individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may refer a patient who has undergone utilization review by the private review agent to another health care provider regulated under the Health Occupations Article if:

(1) (i) the patient or provider requests the private review agent to provide the patient with the name of a health care provider appropriate to meet the health care needs of the patient; or

(ii) the patient has no attending physician; and

(2) the private review agent provides the patient with the names of at least two health care providers appropriate to meet the health care needs of the patient.
Md. Code, Business Regulation § 15-103 — MD Code / Article gbr / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) A hotel is not liable for the loss, by robbery or otherwise, of a valuable belonging to a guest if:

(1) the hotel provides a safe or other secure depository for keeping valuables of guests;

(2) the guest does not deposit the valuable with the hotel for safekeeping; and

(3) the loss does not result from the collusion or negligence of the hotel or its agent.

(b) (1) A hotel is not liable for more than $300 for the loss of valuables that a guest deposits with the hotel for safekeeping unless, at the time of deposit, the guest shows the valuables to an agent of the hotel and declares a greater value to the agent.

(2) A hotel need not accept for safekeeping valuables with a declared value of more than $1,000.

(c) A hotel is not liable for more than $1,000 for the loss of or damage to valuables belonging to a guest, whether or not the valuables were offered to or accepted by the hotel for safekeeping.
Md. Code, Alcoholic Beverages and Cannabis § 15-1004 — MD Code / Article gab / Title 15 / Subtitle 10 / Section 15-1004
§15–1004.
Status: reserved

(a) There is a special event venue beer, wine, and liquor license.

(b) The Board may issue the license:

(1) to the owner of a special event venue; and

(2) (i) to the same applicant for all events for which the license is issued; and

(ii) for use at only one premises.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

(d) The license may not be transferred to another location.

(e) A license holder may sell beer, wine, and liquor during the hours set in county law for special event venues.

(f) A license holder may purchase beer, wine, and liquor only from a licensed wholesaler.

(g) A license holder is subject to the alcohol awareness training requirements under § 4–505 of this article and § 15–1902 of this title.

(h) The fee for a special event venue license is:

(1) $250 for not more than 10 events per year;

(2) $500 for not more than 20 events per year;

(3) $750 for not more than 30 events per year; and

(4) $1,000 for not more than 40 events per year.
Md. Code, Commercial Law § 15-605 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

(a) Within 15 days after the end of each month, the judgment creditor shall furnish the employer/garnishee and the judgment debtor a written statement showing all payments that were credited to the account of the judgment debtor during that month. However, this subsection shall not apply if no payments were received by the judgment creditor during that month.

(b) The judgment creditor shall within 15 days after the satisfaction of the judgment, interest, and costs notify in writing the employer/garnishee and the clerk of the court of the satisfaction.

(c) All payments received by a judgment creditor shall be credited first against the accrued interest on the unpaid balance of the judgment, if any, second upon the principal amount of the judgment, and third upon those attorney’s fees and costs actually assessed in the cause.

(d) If the judgment creditor fails to comply with the obligations imposed by this section, then the court may set aside the attachment and order the judgment creditor to pay reasonable attorney’s fees and costs of the party seeking to set aside the attachment.
Md. Code, State Personnel and Pensions § 15-102 — MD Code / Article gsp / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

A person may not:

(1) willfully deceive another about the right to take an examination under this Division I; or

(2) willfully interfere with the right of an individual to take an examination under this Division I.
Md. Code, Environment § 15-1206 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1206
§15–1206.
Status: in_force

(a) If the title to a severed mineral interest is vested in an unknown or missing owner, the circuit court of the county where the severed mineral interest is located may on petition, and after notice and a hearing:

(1) Place the severed mineral interest in trust by order;

(2) Appoint a trustee for the unknown or missing owner;

(3) Order the trustee to create a separate trust bank account to manage all trust assets;

(4) Authorize the trustee to sell, execute, and deliver a valid lease on the minerals to the owner of the surface estate; and

(5) Place conditions on the authorization in item (4) of this subsection.

(b) A petition to create a trust for a severed mineral interest and to appoint a trustee under subsection (a) of this section may be filed by a person vested in fee simple with the whole or undivided interest in the surface estate or estates.

(c) (1) If the unknown or missing owner of a vested severed mineral interest does not contest a trust created under subsection (a)(1) of this section on or before 5 years after the date that the court issued the order creating the trust, the trustee shall file a petition to terminate the trust and to convey title to the severed mineral interest to the surface owners.

(2) The petition in paragraph (1) of this subsection shall:

(i) Name as defendants:

1. The surface owners; and

2. Any other person with a legal interest in the severed mineral interest, including any unknown or missing owners; and

(ii) Include:

1. A legal description of the severed mineral interest;

2. A description of the putative property interests of each of the parties;

3. The last known address of each of the parties;

4. An affidavit signed by the surface owners, affirming fee simple ownership of the surface estate or estates, and requesting the court to convey title to the severed mineral interest at issue; and

5. An affidavit signed by the trustee, affirming that after conducting a diligent inquiry, including a search in the county where the severed mineral interest is located, performed in accordance with generally accepted standards of title examination of the land records of the county, records of register of wills of the county, and records of the circuit court for the county, the trustee cannot locate the unknown or missing owner.

(d) Following a petition by the trustee made under subsection (c) of this section, the court shall, after notice, hold a hearing on the motion and enter an order requiring the trustee to convey the unknown or missing owner’s mineral interest to the named surface owners if:

(1) The unknown or missing owner does not appear to contest the petition; and

(2) The court finds that the individuals named in the petition as the surface owners are in fact the fee simple owners of the surface estate or estates.

(e) If the court orders the conveyance in accordance with subsection (d) of this section, the trustee shall:

(1) Convey by recordable instrument the unknown or missing owner’s severed mineral interest to the named surface owners;

(2) Pay from any trust account all required taxes, court costs, expenses, and fees, including any fee for services to the trustee authorized by the court;

(3) Pay any balance remaining in any trust account after the payments set forth in item (2) of this subsection to the named surface owners;

(4) Close any trust account; and

(5) Make a final report to the court accounting for the financial transactions of the trust.

(f) After the conveyance to the surface owners in accordance with subsection (e) of this section, the surface owners shall be entitled to receive all proceeds from the lease of the mineral interest conveyed.

(g) After receiving the final report of the trustee in accordance with subsection (e)(5) of this section, the court shall order the trust terminated and the trustee discharged.

(h) (1) A trust created under this section shall be administered by the court as provided by the Maryland Rules.

(2) Under this section, procedures for notice to interested persons, the forms of petitions, and the conduct and requirements at a hearing shall be as provided by the Maryland Rules.
Md. Code, Insurance § 15-1A-20 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-20
§15–1A–20.
Status: in_force

(a) (1) This section applies only to individual plans and small group plans.

(2) The requirements in this section are in addition to and not in substitution of any other requirements of law related to prescription drug benefits.

(b) (1) Except as provided in paragraph (2) of this subsection, an individual plan or a small group plan shall be considered to provide prescription drug essential health benefits only if the individual plan or small group plan complies with 45 C.F.R. § 156.122.

(2) If the Commissioner adopts regulations as described in subsection (c) of this section, an individual plan or a small group plan shall be considered to provide prescription drug essential health benefits only if the individual plan or small group plan complies with the regulations adopted by the Commissioner.

(c) To the extent necessary, the Commissioner shall adopt regulations that:

(1) establish criteria to determine whether an individual plan or a small group plan provides prescription drug essential health benefit coverage; and

(2) are consistent with 45 C.F.R. § 156.122 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.
Md. Code, Environment § 15-310 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-310
§15–310.
Status: in_force

(a) A person holding a certificate or permit of competence may be charged with violation of law, fraud, intemperate habits, incapacity, or other good cause for cancellation or suspension of the certificate or permit. The charge shall be in writing and filed with the Director of the Bureau.

(b) A certificate or permit of competence may be canceled or suspended only by the examining authority. Except as provided in subsection (d) of this section, a certificate or a permit may be canceled or suspended only after a hearing at which the person charged has the right to appear. The hearing shall be held within 30 days after the receipt of the charges by the examining authority, which shall give the person charged written notice of the charge at least 15 days prior to the hearing. A hearing of the examining authority shall be on the call of its chairman.

(c) If the examining authority is satisfied that the certificate or permit holder has become unworthy to hold it by reason of violation of law, fraud, intemperate habits, incapacity, or other good cause, it may cancel or suspend the right to use the certificate or permit for a period not longer than two years.

(d) The provisions of subsections (b) and (c) of this section to the contrary notwithstanding, if the Director of the Bureau is satisfied that a person, if allowed to continue to hold a certificate or permit, may commit or permit an act to be committed, or permit a condition, that would tend to endanger the lives or health of any person employed in or about a mine, the Director may suspend the right of the certificate or permit holder to use the certificate or permit. The suspension may not be for more than 30 days or until the examining authority acts pursuant to this section, whichever is sooner. The Director of the Bureau shall give notice of action to the certificate or permit holder, and to the certificate or permit holder’s employer.

(e) A person whose certificate or permit of competence has been canceled or suspended is eligible to take an examination for a new certificate or permit two years after the date of the cancellation or suspension.
Md. Code, Insurance § 15-2014 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2014
§15–2014.
Status: in_force

(a) Before entering into a contract with a purchaser or pharmacy benefits manager, a pharmacy services administrative organization shall provide to the purchaser or pharmacy benefits manager a written disclosure of ownership or control.

(b) The disclosure required under subsection (a) of this section shall include the extent of any ownership or control by any parent company, subsidiary, or other organization that:

(1) provides pharmacy services;

(2) provides prescription drug or device services; or

(3) manufactures, sells, or distributes prescription drugs, biologics, or medical devices.

(c) A contract with a purchaser or pharmacy benefits manager shall provide that a pharmacy services administrative organization shall notify the purchaser or pharmacy benefits manager in writing within 5 working days after any material change in its ownership or control related to any company, subsidiary, or other organization described in subsection (b) of this section.
Md. Code, Health Occupations § 15-312 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-312
§15–312.
Status: in_force

(a) Unless a disciplinary panel agrees to accept the surrender of a license of a physician assistant, the physician assistant may not surrender the license nor may the licensure lapse by operation of law while the physician assistant is under investigation or while charges are pending.

(b) A disciplinary panel may set conditions on its agreement to accept surrender of a license.
Md. Code, Commercial Law § 15-305 — MD Code / Article gcl / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) If an assignee files or threatens to file an action to enforce any assignment of wages which does not comply with any provision of this subtitle, on petition of the assignor or his employer, a court of equity may enjoin the threatened or attempted enforcement of the assignment.

(b) The fact that a petitioner has a complete and adequate remedy at law does not constitute a defense to the maintenance of an action in equity to enjoin the threatened or attempted enforcement of the assignment.
Md. Code, Criminal Procedure § 15-404 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-404
§15–404.
Status: in_force

(a) This section applies only in Baltimore County.

(b) (1) Subject to Article III, § 35 of the Maryland Constitution and paragraph (2) of this subsection, beginning with the term of the State’s Attorney who was elected to that position in 1982, the State’s Attorney’s salary:

(i) is equal to the salary of a circuit court judge; and

(ii) shall be increased 5% each year during the State’s Attorney’s term of office.

(2) (i) Beginning with the term of the State’s Attorney elected to that position in 2010, the salary of the State’s Attorney is $194,276; and

(ii) for the year beginning on January 1, 2012, and each year thereafter until January 1, 2023, the salary shall be increased by 1%.

(c) (1) (i) The State’s Attorney shall appoint two deputy State’s Attorneys, one of whom shall be designated deputy State’s Attorney of trial and administration and the other shall be designated deputy State’s Attorney of operations.

(ii) A deputy State’s Attorney shall perform the work that the State’s Attorney requires.

(iii) Subject to the approval of the County Executive and the County Council, the State’s Attorney shall set the salaries of the deputy State’s Attorneys.

(2) (i) As authorized by the County Executive, the State’s Attorney may appoint assistant State’s Attorneys.

(ii) Subject to the approval of the County Executive and the County Council, the State’s Attorney shall set the salaries of the assistant State’s Attorneys.

(3) The deputy and assistant State’s Attorneys have the same legal powers as the State’s Attorney to represent the State before the grand jury and in criminal proceedings.

(d) (1) The State’s Attorney may appoint clerical, administrative, and other staff that the State’s Attorney considers necessary for the proper conduct of the office.

(2) The staff appointed under paragraph (1) of this subsection shall perform clerical and other work as directed by the State’s Attorney.

(e) The State’s Attorney and the deputy State’s Attorneys shall serve full time and may not engage in the private practice of law.
Md. Code, Land Use § 15-110 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

The Commission may:

(1) appoint or contract for the services of planning, engineering, legal, administrative, auditing, clerical, staff, or other employees necessary to administer this division on a regional basis; and

(2) set the compensation of employees and contractors.
Md. Code, Transportation § 15-403 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

A license may not be issued under this subtitle to a partnership, corporation, or other entity. It only may be applied for by and issued to an individual.
Md. Code, Education § 15-104 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

(a) It is the public policy of the State that endowment funds of public institutions of higher education and gifts, donations, bequests, private endowments, and private grants received by public institutions of higher education or their governing boards, including any income therefrom:

(1) Shall be used in accordance with the wishes of the donors; and

(2) May not be used as a substitute for State General Fund appropriations.

(b) (1) The public institutions of higher education are encouraged to promote private fundraising by strengthening institutional development activities and by maintaining relationships with affiliated foundations.

(2) Affiliated foundations that are independently established for this purpose shall operate subject to policies adopted by the governing boards and be approved for form and legal sufficiency by the Attorney General.

(3) The presidents of the University System of Maryland constituent institutions may establish campus–based foundations. Each foundation need not be approved by the Board of Regents of the University System of Maryland but shall operate subject to policies adopted by the Board of Regents of the University System of Maryland in consultation with the presidents of the University System of Maryland constituent institutions.

(4) An affiliated foundation established and operated under this subsection may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

(5) A financial obligation or liability of an affiliated foundation established and operated under this subsection may not be considered a debt or an obligation of the State or the University System of Maryland.

(6) Sections 5–501 through 5–504 of the General Provisions Article do not bar an official or employee of a public institution of higher education from becoming a director, official, or employee of an independent foundation organized to foster fundraising and provide related services for the benefit of the institution.

(7) No funds shall be accepted from an affiliated foundation by a public institution of postsecondary education unless the fiscal affairs of the affiliated foundation are audited annually by an independent certified public accountant.
Md. Code, Alcoholic Beverages and Cannabis § 15-103 — MD Code / Article gab / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Health Occupations § 15-402 — MD Code / Article gho / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) Except as otherwise provided under this title, a person may not represent or imply to the public by use of the title “licensed physician assistant”, by other title, or by description of services, methods, or procedures that the person is licensed to practice as a physician assistant in the State.

(b) Unless licensed to practice as a physician assistant under this title, a person may not use the words or terms “physician assistant”, “licensed physician assistant”, or “P.A.”.
Md. Code, Commercial Law § 15-601 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) “Employee” includes an employee whether he is a resident or nonresident of the State.

(c) “Wages” means all monetary remuneration paid to any employee for his employment.
Md. Code, Insurance § 15-1628.2 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1628.2
§15–1628.
Status: in_force

§15–1628.2

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

(1) a requirement that an appeal be filed by the contract pharmacy not later than 21 days after:

(i) the date a direct or indirect remuneration fee is charged; or

(ii) another date as determined by the Commissioner;

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

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

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

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

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

(i) a reason for any appeal denial; and

(ii) the mathematical calculation used to determine the amount of reimbursement; and

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

(i) make adjustments as necessary to comply with the compensation program as stated in the participating pharmacy contract as of the date the appeal was determined; and

(ii) provide notice to the pharmacy or pharmacy’s contracted agent that an appeal has been upheld.

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

(c) A pharmacy benefits manager may not charge a contracted pharmacy a fee related to the readjudication of a claim or claims resulting from the upholding of an appeal under subsection (d) of this section.

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

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

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

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

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

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

(ii) is not subject to disclosure under the Public Information Act.
Md. Code, State Finance and Procurement § 15-110 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

(a) The following persons are subject to an audit of books, accounts, or records:

(1) before the expiration of the period of retention under subsection (c) of this section, a person who submits cost and price information under § 13-220 of this article, if the books, accounts, or records being audited are reasonably connected with the cost and price information;

(2) a contractor or subcontractor under a procurement contract if, from an audit of a cost-type contract, the unit has reason to believe that costs have been inappropriately assigned to the cost-type contract from a fixed-price contract; and

(3) a contractor or subcontractor under a procurement contract that:

(i) was awarded by a method other than competitive sealed bids; and

(ii) is not a firm fixed-price procurement contract.

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

(1) the Department of Legislative Services;

(2) a unit engaged in procurement; or

(3) as authorized by law, any other unit.

(c) A person subject to an audit under subsection (a) of this section shall keep books, accounts, and records for:

(1) at least 3 years after the day on which the person receives final payment under a procurement contract or a subcontract; or

(2) if longer, the period required under the procurement contract.
Md. Code, Estates and Trusts § 15-409 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-409
§15–409.
Status: in_force

In applying and construing this subtitle, which is a uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of the law among the states that enact the law.
Md. Code, Insurance § 15-122.1 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-122.1
§15–122.
Status: in_force

§15–122.1.

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

(2) “Advance directive” has the meaning stated in § 5–601 of the Health – General Article.

(3) (i) “Carrier” means:

1. an insurer;

2. a nonprofit health service plan;

3. a health maintenance organization; and

4. any other person that provides health benefit plans subject to regulation by the State.

(ii) “Carrier” does not include a managed care organization.

(b) A carrier shall provide the advance directive information sheet developed under § 5–615 of the Health – General Article:

(1) to all members or enrollees in initial enrollment materials distributed after initial purchase and upon renewal and in the carrier’s member publications;

(2) if the carrier maintains a website, on the carrier’s website; and

(3) at the request of a member.

(c) If a carrier maintains a website, after the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of the Health – General Article is developed, the carrier shall provide a link to the webpage that is accessed through the tab.

(d) This section may not be construed to require a carrier to:

(1) assist a member or enrollee in drafting an electronic advance care planning document;

(2) store electronic advance care planning documents; or

(3) access advance care planning documents.
Md. Code, Business Occupations and Professions § 15-211 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Land Use § 15-114 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-114
§15–114.
Status: in_force

(a) The Commission shall establish an adequate comprehensive insurance program.

(b) (1) The comprehensive insurance program shall provide:

(i) compensation for personal injury or death or property damage resulting from negligence, malpractice, or any other civil or tortious act or omission of the Commission, or of its commissioners, employees, and agents acting within the scope of their duties and without malice or gross negligence; and

(ii) protection for property of the Commission and for officials and employees acting within the scope of their duties, including a comprehensive workers’ compensation program.

(2) The Commission may purchase any other liability insurance the Commission considers necessary.

(c) The Commission may establish a program of group health, life, hospitalization, and disability insurance by purchasing insurance coverage from insurance companies authorized to do business in the State and, except for disability insurance, not by self–insurance.

(d) (1) The insurance required under subsection (b) of this section and the disability insurance authorized under subsection (c) of this section may be provided by:

(i) purchasing insurance coverage from insurance companies authorized to do business in the State;

(ii) a self–insurance program; or

(iii) a combination of purchased insurance coverage and self–insurance.

(2) If a self–insurance program is established and funded to cover all or part of the insurance required under subsection (b) of this section:

(i) the Commission shall adopt rules and regulations for the administration of the program; and

(ii) funding for the program shall be included in the annual operating budget.

(3) The insurance program established by the Commission shall provide for:

(i) defense of claims; and

(ii) compensation for damages.

(4) Within the limits of appropriations for the insurance program, the Commission may:

(i) engage necessary claims investigators and adjustors; and

(ii) provide for the defense and settlement of claims and payment of judgments.

(e) (1) Subject to paragraph (3) of this subsection, the Commission may cooperate with and enter into agreements to obtain and provide insurance coverage in the most economical manner with:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) both Montgomery County and Prince George’s County; or

(iv) subject to the approval of the county government of a county affected by the agreement, other units of government.

(2) An agreement under paragraph (1) of this subsection may provide for any type of insurance protection, including:

(i) public liability;

(ii) group health, life, hospitalization, and disability;

(iii) real and personal property; and

(iv) workers’ compensation.

(3) This subsection does not authorize the Commission to establish a self–insurance program for group health, life, and hospitalization insurance.

(f) (1) Subject to paragraphs (2) and (3) of this subsection, a payment made to a police officer employed by the Commission for an illness or injury received in the line of duty in accordance with any disability program or disability insurance program authorized under this section is considered in the nature of workers’ compensation.

(2) A payment described in this subsection is independent of any payment made under the Maryland Workers’ Compensation Act.

(3) This subsection does not affect:

(i) the offset provision under § 9–610 of the Labor and Employment Article; or

(ii) the presumption of a police officer’s entitlement to benefits under § 9–503 of the Labor and Employment Article.
Md. Code, State Personnel and Pensions § 15-105 — MD Code / Article gsp / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

A person may not willfully give to an individual any information about a competitive examination under this article that is not generally available to all competitors for the examination in order to improve or to harm the individual's rating for appointment.
Md. Code, Estates and Trusts § 15-105 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) A fiduciary, or party of whom a bond, undertaking or other obligation is required, may agree or arrange with a surety for a general or a special deposit for safekeeping of any money, assets and other property, for which the fiduciary is or may be responsible, with a bank, savings bank, safe deposit or trust company authorized by law to do business and situate in the county in which the fiduciary’s bond is filed.

(b) A deposit shall be made in a manner as to prevent the withdrawal or alienation of money, assets, or other property, or any part of it, without the written consent of the surety, or an order of a court, made on notice to the surety as the court directs.
Md. Code, Health - General § 15-149 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-149
§15–149.
Status: in_force

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

(2) (i) “Applied behavior analysis” means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce significant improvements in human behavior.

(ii) “Applied behavior analysis” includes the direct observations, measurement, and functional analysis of the relations between environment and behavior.

(3) “Early and periodic screening, diagnosis, and treatment (EPSDT)” means the provision, to individuals under the age of 21 years, of preventive health care under 42 C.F.R. Part 441, Subpart B, as amended, and other health care services, diagnostic services, and treatment services that are necessary to correct or ameliorate defects, physical and mental illnesses, and conditions discovered by those screening services.

(b) This section applies to EPSDT services available to Program recipients.

(c) (1) Subject to paragraph (2) of this subsection, the Department may not condition reimbursement of applied behavior analysis services provided to a Program recipient on the presence or availability of the parent or caregiver of the Program recipient in the setting where the applied behavior analysis services are provided to the Program recipient.

(2) Paragraph (1) of this subsection does not prohibit the Program from establishing reasonable standards for the involvement of a parent or caregiver, including requiring notification from the parent or caregiver of the decision of the parent or caregiver not to be present or available when the Program provides applied behavior analysis services to a Program recipient.

(d) On or before December 1, 2021, the Department, in consultation with stakeholders, shall adopt regulations to implement the provisions of this section.
Md. Code, Insurance § 15-109 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

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

(2) “Loss ratio” means the ratio of losses incurred to premiums earned on policies that are issued, delivered, or renewed in the State.

(3) “Specified disease policy” means a health insurance policy that provides:

(i) benefits only for a disease or diseases specified in the policy or for a treatment unique to a specified disease or diseases; or

(ii) additional benefits for a disease or diseases specified in the policy or for treatment unique to a specified disease or diseases.

(b) This section applies to each individual, group, or blanket health insurance policy or nonprofit health service plan that is issued or delivered in the State.

(c) To administer §§ 12-203, 12-204, and 12-205 of this article, the Commissioner shall establish a minimum loss ratio in accordance with generally accepted actuarial principles with respect to specified disease policies.
Md. Code, Land Use § 15-405 — MD Code / Article glu / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

(a) The Commission shall adopt regulations to ensure that the Audit Committee operates independently from the management of the Commission.

(b) The Commission may:

(1) adopt rules of procedure; and

(2) delegate other appropriate functions to the Audit Committee.

(c) The regulations adopted under this section may provide for a reasonable stipend to compensate only the members of the Audit Committee who are not also commissioners.
Md. Code, Environment § 15-1107 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1107
§15–1107.
Status: in_force

(a) (1) The Department may seek an order from the circuit court for the county in which the land or water resources is located authorizing the Department, its agents, employees, or contractors to enter upon the property adversely affected by past coal mining practices and any other property to have access to the affected property and to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects, if the Department makes a finding of fact that:

(i) Land or water resources have been adversely affected by past coal mining practices;

(ii) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and

(iii) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices:

1. Are not known, or not readily available; or

2. Will not give permission for the Department, its agents, employees, or contractors to enter on the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(2) The court shall consider whether the entry is a necessary exercise of the police power for the protection of the public health, safety, and welfare, and the actions of the Department under a court order shall not be construed as an act of condemnation of or trespass on property. The money expended for the work and the benefits accruing to any premises so entered shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. This provision is not intended to create new rights of action or eliminate existing immunities.

(b) Within 6 months after completion of a project pursuant to this subtitle, the Department shall itemize the moneys expended by the Department and file a notarized statement prepared by an independent appraiser as to the increase in value of the land attributable to the reclamation project with the clerk of the circuit court for the county in which the affected land lies. The statement shall constitute a lien upon the land for an amount equal to the increase in the value attributable to the project; provided that, no lien shall be filed:

(1) If the owner of the surface rights acquired the property prior to May 2, 1977, and neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation project;

(2) If the primary purpose of the reclamation project is to benefit the health, safety, and environmental values of the general public;

(3) If the cost of filing the lien exceeds the increase in the fair market value of the property as a result of the reclamation project; or

(4) If the reclamation project is necessitated by an unforeseen occurrence and the project does not significantly increase the fair market value of the property.

(c) The landowner may, within 60 days of the filing of the lien, petition the circuit court to determine the increase in the market value of the land as a result of the reclamation project.

(d) The lien provided in this section shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. All funds received by the State pursuant to this section shall be credited to the Federal-State Reclamation Fund.
Md. Code, Transportation § 15-709 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-709
§15–709.
Status: in_force

A drivers’ school may not:

(1) Provide or offer to provide any instruction in driving unless the individual who gives the instruction is a driving instructor employed by it; or

(2) Employ any individual as a driving instructor unless that individual:

(i) Is licensed to drive under Title 16 of this article;

(ii) Has completed the instructor certification program approved by the Administration; and

(iii) Is licensed as a driving instructor under Subtitle 8 of this title.
Md. Code, Insurance § 15-1204 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1204
§15–1204.
Status: in_force

(a) This section applies to a carrier with respect to any health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act.

(b) In addition to any other requirement under this article, a carrier shall:

(1) have demonstrated the capacity to administer the health benefit plan, including adequate numbers and types of administrative personnel;

(2) have a satisfactory grievance procedure and ability to respond to enrollees’ calls, questions, and complaints;

(3) provide, in the case of individuals covered under more than one health benefit plan, for coordination of coverage under all of those health benefit plans in an equitable manner; and

(4) design policies to help ensure adequate access to providers of health care.

(c) A person may not offer a health benefit plan in the State unless the person offers at least the Standard Plan.

(d) A carrier may not offer a health benefit plan that has fewer benefits than those in the Standard Plan.

(e) A carrier may offer benefits in addition to those in the Standard Plan if:

(1) the additional benefits:

(i) are offered and priced separately from benefits specified in accordance with § 15–1207 of this subtitle; and

(ii) do not have the effect of duplicating any of those benefits; and

(2) the carrier:

(i) clearly distinguishes the Standard Plan from other offerings of the carrier;

(ii) indicates the Standard Plan is the only plan required by State law; and

(iii) specifies that all enhancements to the Standard Plan are not required by State law.

(f) Notwithstanding subsection (c) of this section, a health maintenance organization may provide a point of service delivery system as an additional benefit through another carrier regardless of whether the other carrier also offers the Standard Plan.

(g) A carrier may offer coverage for dental care and services as an additional benefit.

(h) (1) In this subsection, “prominent carrier” means a carrier that insures at least 10% of the total lives insured in the small group market.

(2) (i) A prominent carrier shall offer a wellness benefit for a health benefit plan offered under this subtitle.

(ii) A carrier that is not a prominent carrier may offer a wellness benefit for a health benefit plan offered under this subtitle.

(3) A carrier may not condition the sale of a wellness benefit to a small employer on participation of the eligible employees of the small employer in wellness programs or activities.
Md. Code, Transportation § 15-307 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-307
§15–307.
Status: in_force

(a) Each licensed dealer shall pay to the Administration an annual license fee established by the Administration for each license year or part of a license year for which the license is issued.

(b) A licensed dealer need not pay more than one annual fee, regardless of the number of its business locations.

(c) On payment of the fee required by this section and issuance of a dealer's license, the Administration also shall issue one vehicle salesman's license without further charge.
Md. Code, State Personnel and Pensions § 15-201 — MD Code / Article gsp / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

Any person who violates Subtitle 1 of this title or any regulation adopted under it is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $3,000 or imprisonment not exceeding 6 months or both.
Md. Code, State Finance and Procurement § 15-208 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

From among the members of the Appeals Board, the Governor shall designate a chairman.
Md. Code, Insurance § 15-1A-12 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-12
§15–1A–12.
Status: in_force

A carrier offering a group plan, including a grandfathered plan, may not apply a waiting period of more than 90 days that must pass before coverage becomes effective for an individual who is otherwise eligible for the group plan.
Md. Code, Business Occupations and Professions § 15-411 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-411
§15–411.
Status: in_force

A corporation, partnership, or limited liability company whose permit has been suspended or revoked under § 15–408 of this subtitle may not offer or provide land surveying or property line surveying services until the suspension is lifted or the permit is reinstated.
Md. Code, Environment § 15-529 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-529
§15–529.
Status: in_force

If any provision of this subtitle or the applicability thereof to any person or circumstances is held invalid, the remainder of this subtitle and the application of such provision to other persons or circumstances shall not be affected thereby.
Md. Code, Education § 15-106.3 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.3
§15–106.
Status: in_force

§15–106.3.

(a) In this section, “National Guard student” means a student who is enrolled in a public institution of higher education and is a member of the United States National Guard.

(b) A public institution of higher education shall allow a National Guard student to withdraw from courses the National Guard student is currently enrolled in without negative consequences to the National Guard student’s academic standing if the National Guard student’s unit is activated and deployed.

(c) A public institution of higher education shall try to assist the National Guard student in completing the course requirements by either:

(1) Giving the National Guard student a grade of incomplete and working with the National Guard student and the student’s instructor on a program of independent study; or

(2) Transferring the National Guard student to an on–line course of instruction offered at an institution such as:

(i) The University of Maryland University College’s Distance Education Courses; or

(ii) The Southern Regional Education Board’s Electronic Campus.
Md. Code, Transportation § 15-708 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-708
§15–708.
Status: in_force

Each licensee shall maintain all vehicles used for instruction in the condition that the Administration requires.
Md. Code, Criminal Procedure § 15-104 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

(a) Each State’s Attorney shall annually provide a corporate surety bond payable to the State in the amount of $5,000.

(b) The bond shall be conditioned on the State’s Attorney faithfully:

(1) performing the duties of the office; and

(2) accounting for funds and property received under color of the office.

(c) (1) The bond shall be deposited with the Comptroller.

(2) Premiums on the bond shall be an expense of the office of the State’s Attorney.
Md. Code, Health - General § 15-113 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

(a) In this section, “incarcerated individual of a public institution” has the meaning stated in Title 42, § 435.1009 of the Code of Federal Regulations (1978 edition).

(b) (1) If an incarcerated individual of a public institution is eligible for federally funded Medicaid benefits, the Department shall pay the custodial authority for any medical care that is provided to the incarcerated individual during the month when the individual became an incarcerated individual.

(2) Payments under this subsection shall be made in accordance with applicable rules and regulations for the Program.

(c) The Department shall be reimbursed for the nonfederal cost of medical care by either the State or local authority that is responsible for the incarcerated individual of a public institution.
Md. Code, Environment § 15-1109 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1109
§15–1109.
Status: in_force

The Department shall have the right to enter upon any property where there is no reasonable expectation of privacy for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.
Md. Code, Insurance § 15-1206 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1206
§15–1206.
Status: in_force

(a) (1) A carrier may not arbitrarily transfer a small employer involuntarily into or out of a health benefit plan.

(2) A carrier may not offer to transfer a small employer into or out of a health benefit plan unless the offer to transfer is made to all small employers with similar risk adjustment factors.

(b) A carrier shall make a reasonable disclosure in its solicitation and sales materials of:

(1) the provisions that relate to the carrier’s right to change premium rates, including any factors that may affect the changes in premium rates;

(2) the provisions that relate to renewability of policies and contracts;

(3) the provisions that relate to preexisting conditions; and

(4) the provisions of § 15–1209 of this subtitle that require an employer to make dependent coverage available to eligible employees but do not require the employer to make a contribution to the premium payments for that dependent coverage.

(c) (1) Subject to the approval of the Commissioner and as provided under this subsection and § 15–1209(d) of this subtitle, a carrier may impose reasonable minimum participation requirements.

(2) A carrier may not impose a requirement for minimum participation by the eligible employees of a small employer that is greater than 75%.

(3) In applying a minimum participation requirement to determine whether the applicable percentage of participation is met, a carrier may not consider as eligible employees:

(i) those who have group spousal coverage under a public or private plan of health insurance or another employer’s health benefit arrangement, including Medicare, Medicaid, and CHAMPUS, that provides benefits similar to or exceeding the benefits provided under a bronze level health plan as described in 45 C.F.R. § 156.140; or

(ii) employees who are under the age of 26 years who are covered under their parent’s health benefit plan.

(4) A carrier may not impose a minimum participation requirement for a small employer group if any member of the group participates in a medical savings account.

(5) A carrier may not impose a minimum participation requirement for a qualified employer if the qualified employer designates a coverage level within which its employees may choose any qualified health plan in the SHOP Exchange, as provided for in § 31–111(c)(1) of this article.

(6) A carrier may not impose a minimum participation requirement for a small employer group if the small employer group applies for coverage during the period that begins on November 15 and extends through December 15 of any year.

(d) (1) On or before March 15 of each year, each carrier shall file an actuarial certification with the Commissioner.

(2) The actuarial certification shall be written in a form that the Commissioner approves, by a member of the American Academy of Actuaries or another person acceptable to the Commissioner and shall state that the carrier is in compliance with this subtitle and has followed the rating practices imposed under § 15–1205 of this subtitle.

(3) The actuarial certification shall be based on an examination that includes a review of appropriate records and actuarial assumptions and methods used by the carrier.

(e) (1) To indicate compliance with subsections (b) and (c)(1) of this section and § 15–1205(e) of this subtitle, a carrier shall maintain information and documentation that is satisfactory to the Commissioner.

(2) A carrier shall:

(i) retain all information and documentation required under this subtitle at its principal place of business for a period of 5 years; and

(ii) make the information and documentation available to the Commissioner on request.

(f) A carrier may not implement a producer commission schedule that varies the amount of a commission based on the size of a small employer group unless the variation:

(1) is inversely related to the size of the small employer group;

(2) applies to the cumulative premium paid over a specific period of time, is uniformly applied, and is inversely related to the cumulative premium paid during the period of time; or

(3) is established by a contract between the carrier and each outside producer, and the carrier:

(i) specifies in the contract the group size to which the variation applies;

(ii) directs the outside producer to refer small employers of the specified size to an employee of the carrier who is a licensed producer or to a company affiliated with the carrier through common ownership within an insurance holding company; and

(iii) pays a commission to the employee producer described in item (ii) of this item.

(g) (1) A licensed insurance producer, in connection with the sale, solicitation, or negotiation of a health benefit plan to a small employer, shall:

(i) provide information to the small employer about wellness benefits; and

(ii) advise the small employer to consult a tax advisor about the tax advantages of a payroll deduction plan under § 125 of the Internal Revenue Code.

(2) The information shall be provided:

(i) whenever the employer purchases or renews a health benefit plan; and

(ii) on request.

(h) (1) In accordance with regulations adopted by the Commissioner, a licensed insurance producer may provide to a small employer information about the Maryland Medical Assistance Program and the Maryland Children’s Health Program for the small employer to distribute to its employees during the enrollment period.

(2) The information provided under paragraph (1) of this subsection shall be restricted to general information about the Maryland Medical Assistance Program and the Maryland Children’s Health Program, including:

(i) income eligibility thresholds; and

(ii) application instructions.
Md. Code, Insurance § 15-136 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-136
§15–136.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization; or

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

(3) “Group model health maintenance organization” has the meaning stated in § 19–713.6(a) of the Health – General Article.

(b) This section applies only to contracts or policies that:

(1) are issued or delivered by a carrier; and

(2) provide hospital, medical, or surgical benefits to individuals or groups on an expense–incurred basis.

(c) (1) Except as provided in subsection (d) of this section, each carrier shall pay a bonus to primary care providers for services provided in the office:

(i) after 6 p.m. and before 8 a.m.; or

(ii) on weekends and national holidays.

(2) A carrier shall provide for and describe the terms of the bonus payment required in paragraph (1) of this subsection in a separate clause in the carrier’s contract with the primary care provider.

(d) A group model health maintenance organization is not required to make any bonus payments described in subsection (c) of this section to physicians that are employed by the physician group under contract with the group model health maintenance organization.
Md. Code, Insurance § 15-1104 — MD Code / Article gin / Title 15 / Subtitle 11 / Section 15-1104
§15–1104.
Status: in_force

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

(2) “Employer sponsored health benefit plan” means any plan, fund, or program that:

(i) is established or maintained by an employer under the Employee Retirement Income Security Act of 1974;

(ii) offers coverage for health benefits; and

(iii) is treated by the employer or any eligible employee or dependent as part of a plan, fund, or program under the United States Internal Revenue Code, 26 U.S.C. § 106, § 125, or § 162.

(3) “Group health insurance” has the meaning stated in § 15–302 of this title.

(4) “Limited benefit group health insurance contract” means a group health insurance contract that provides health insurance benefits, but is not required to provide all the benefits required under Subtitles 7 and 8 of this title.

(5) “Special eligible employee” means an employee who:

(i) is eligible for health coverage under the terms of an employer sponsored health benefit plan;

(ii) works:

1. on a temporary or substitute basis; or

2. less than 30 hours in a normal workweek; and

(iii) is not eligible for coverage under any group health insurance contract, nonprofit health service plan contract, or health maintenance organization contract issued to the employee’s employer because the employee meets the criteria of item (ii) of this paragraph.

(b) A limited benefit group health insurance contract may be issued only by an insurer or nonprofit health service plan to an employer if the limited group health insurance contract is issued to provide health coverage only for:

(1) special eligible employees; or

(2) special eligible employees and their dependents.

(c) An insurer or nonprofit health service plan that sells a limited benefit group health insurance contract, as a condition of sale, may require the employer to:

(1) collect payment for premiums due under the limited benefit group health insurance contract through payroll deduction;

(2) contribute to the premium payments applicable to the coverage of a special eligible employee; and

(3) offer coverage to any dependent of a special eligible employee.

(d) A limited benefit group health insurance contract shall comply with:

(1) this title, except Subtitles 7 and 8 of this title; and

(2) notwithstanding item (1) of this subsection, §§ 15–802, 15–812, 15–815, 15–830, 15–831, 15–832, and 15–833 of this title.

(e) An insurer or nonprofit health service plan shall disclose in the group certificate and in enrollment material provided to each special eligible employee that the limited benefit group health insurance contract does not provide comprehensive health coverage.
Md. Code, Health Occupations § 15-310 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-310
§15–310.
Status: in_force

(a) In reviewing an application for licensure or in investigating an allegation brought under § 15–314 of this subtitle, the Committee may request the Board to direct, or the Board on its own initiative may direct, the physician assistant to submit to an appropriate examination.

(b) In return for the privilege given to the physician assistant to practice as a physician assistant in the State, the physician assistant is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim of privilege as to the testimony or examination reports.

(c) The unreasonable failure or refusal of the licensed physician assistant or applicant to submit to an examination is prima facie evidence of the licensed physician assistant’s inability to practice as a physician assistant and is cause for denial of the application or immediate suspension of the license.

(d) The Board shall pay the costs of any examination made under this section.
Md. Code, Insurance § 15-1611.2 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1611.2
§15–1611.
Status: in_force

§15–1611.2.

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

(2) “Covered entity” has the meaning stated in § 602 of the federal Veterans Health Care Act of 1992.

(3) “Pharmacies or pharmacists that participate in the 340B Program” means:

(i) a pharmacy owned or operated by a covered entity that is eligible to or is actively participating in the 340B Program; or

(ii) a pharmacy or pharmacist under contract with a covered entity to dispense drugs purchased under the 340B Program to patients of the covered entity.

(4) “340B Program” means the drug pricing program established under § 602 of the federal Veterans Health Care Act of 1992.

(b) A pharmacy benefits manager shall:

(1) make formulary and coverage decisions for a pharmacy or pharmacist that participates in the 340B Program based on the normal course of business of the pharmacy benefits manager; and

(2) allow a beneficiary to use any in–network pharmacy or pharmacist that the beneficiary chooses, without regard to whether the pharmacy or pharmacist participates in the 340B Program.

(c) A pharmacy benefits manager may not:

(1) transfer 340B Program savings from a pharmacy or pharmacist that participates in the 340B Program to a pharmacy benefits manager;

(2) offer lower reimbursement for a prescription drug purchased under the 340B Program than the reimbursement it offers for the same prescription drug if it is not purchased under the 340B Program;

(3) refuse to cover prescription drugs purchased under the 340B Program;

(4) refuse to allow pharmacies or pharmacists that participate in the 340B Program to participate in the pharmacy benefits manager’s network on the sole basis that the pharmacy or pharmacist participates in the 340B Program;

(5) impose different reimbursement or network participation contract terms on pharmacies or pharmacists that participate in a pharmacy benefits manager’s network based on whether a pharmacy or pharmacist participates in the 340B Program;

(6) impose different fees, chargebacks, or other adjustments on pharmacies or pharmacists based on whether a pharmacy or pharmacist participates in the 340B Program;

(7) modify a beneficiary’s copayment on the basis of whether a pharmacy or pharmacist participates in the 340B Program;

(8) establish or set network adequacy requirements based on whether a pharmacy or pharmacist participates in the 340B Program; or

(9) prohibit a covered entity authorized to participate in the 340B Program or a pharmacy or pharmacist under contract with a covered entity authorized to participate in the 340B Program from participating in the pharmacy benefits manager’s network on the basis of the covered entity’s participation in the 340B Program.

(d) A pharmacy benefits manager may not base formulary or prescription drug coverage decisions on:

(1) the price of the prescription drug under the 340B Program; or

(2) whether the dispensing pharmacy or pharmacist participates in the 340B Program.
Md. Code, Insurance § 15-1411 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1411
§15–1411.
Status: in_force

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

(2) “Aggregate incurred claims” means the total claims incurred in the experience period that the carrier uses to experience rate a large employer’s health benefit plan.

(3) “Experience rating” means that a carrier develops the premium rates for an employer’s health benefit plan based in whole or in part on the claims experience of the group that consists of the employer’s employees or employees’ dependents.

(4) “Large employer” means an employer that is not a small employer as defined in § 31–101 of this article.

(b) If a carrier is experience rating a large employer’s health benefit plan, the carrier shall disclose the aggregate incurred claims of the group to the large employer within 30 days after receipt of a request from the large employer.

(c) The aggregate incurred claims required to be disclosed under subsection (b) of this section shall be provided in a format that complies with the privacy requirements of the federal Health Insurance Portability and Accessibility Act.
Md. Code, Insurance § 15-2004 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2004
§15–2004.
Status: in_force

A pharmacy services administrative organization that has not registered with the Commissioner may not enter into an agreement or a contract with an independent pharmacy.