Md. Code, Insurance § 15-830 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-830
§15–830.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer that offers health insurance other than long–term care insurance or disability insurance;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

(3) (i) “Member” means an individual entitled to health care benefits under a policy or plan issued or delivered in the State by a carrier.

(ii) “Member” includes a subscriber.

(4) “Nonphysician specialist” means a health care provider:

(i) 1. who is not a physician;

2. who is licensed or certified under the Health Occupations Article; and

3. who is certified or trained to treat or provide health care services for a specified condition or disease in a manner that is within the scope of the license or certification of the health care provider; or

(ii) that is licensed as a behavioral health program under § 7.5–401 of the Health – General Article.

(5) (i) “Provider panel” means the providers that contract with a carrier either directly or through a subcontracting entity to provide health care services to enrollees of the carrier.

(ii) “Provider panel” does not include an arrangement in which any provider may participate solely by contracting with the carrier to provide health care services at a discounted fee–for–service rate.

(6) “Specialist” means a physician who is certified or trained to practice in a specified field of medicine and who is not designated as a primary care provider by the carrier.

(b) (1) Each carrier that does not allow direct access to specialists shall establish and implement a procedure by which a member may receive a standing referral to a specialist in accordance with this subsection.

(2) The procedure shall provide for a standing referral to a specialist if:

(i) the primary care physician of the member determines, in consultation with the specialist, that the member needs continuing care from the specialist;

(ii) the member has a condition or disease that:

1. is life threatening, degenerative, chronic, or disabling; and

2. requires specialized medical care; and

(iii) the specialist:

1. has expertise in treating the life–threatening, degenerative, chronic, or disabling disease or condition; and

2. is part of the carrier’s provider panel.

(3) Except as provided in subsection (c) of this section, a standing referral shall be made in accordance with a written treatment plan for a covered service developed by:

(i) the primary care physician;

(ii) the specialist; and

(iii) the member.

(4) A treatment plan may:

(i) limit the number of visits to the specialist;

(ii) limit the period of time in which visits to the specialist are authorized; and

(iii) require the specialist to communicate regularly with the primary care physician regarding the treatment and health status of the member.

(5) The procedure by which a member may receive a standing referral to a specialist may not include a requirement that a member see a provider in addition to the primary care physician before the standing referral is granted.

(c) (1) Notwithstanding any other provision of this section, a member who is pregnant shall receive a standing referral to an obstetrician in accordance with this subsection.

(2) After the member who is pregnant receives a standing referral to an obstetrician, the obstetrician is responsible for the primary management of the member’s pregnancy, including the issuance of referrals in accordance with the carrier’s policies and procedures, through the postpartum period.

(3) A written treatment plan may not be required when a standing referral is to an obstetrician under this subsection.

(d) (1) Each carrier shall establish and implement a procedure by which a member may request a referral to a specialist or nonphysician specialist who is not part of the carrier’s provider panel in accordance with this subsection.

(2) The procedure shall provide for a referral to a specialist or nonphysician specialist who is not part of the carrier’s provider panel if:

(i) 1. the member is diagnosed with a condition or disease that requires specialized health care services or medical care; and

2. A. the carrier does not have in its provider panel a specialist or nonphysician specialist with the professional training and expertise to treat or provide health care services for the condition or disease; or

B. the carrier cannot provide reasonable access to a specialist or nonphysician specialist with the professional training and expertise to treat or provide health care services for the condition or disease without unreasonable delay or travel, including within the reasonable appointment waiting time and travel distance standards established in regulation for mental health and substance use disorder services; or

(ii) 1. the member is seeking mental health or substance use disorder care; and

2. the carrier cannot provide reasonable access to a specialist or nonphysician specialist within the reasonable appointment waiting time and travel distance standards established in regulation for mental health and substance use disorder services.

(3) The procedure shall ensure that a request to obtain a referral to a specialist or nonphysician specialist who is not part of the carrier’s provider panel is addressed in a timely manner that is:

(i) appropriate for the member’s condition; and

(ii) in accordance with the timeliness requirements for determinations made by private review agents under § 15–10B–06 of this title.

(4) If a member cannot access mental health or substance use disorder services through the referral requirements under paragraphs (2) and (3) of this subsection, the procedure shall require the carrier to provide additional assistance to the member in identifying and arranging coverage of mental health or substance use disorder services by a specialist or nonphysician specialist who is not part of the carrier’s provider panel.

(5) If a carrier approves a member’s request for a referral made in accordance with this subsection, the carrier may not require utilization review other than what would be required if the covered benefit were provided by a provider on the carrier’s provider panel.

(6) The procedure may not be used by a carrier as a substitute for establishing and maintaining a sufficient provider network in accordance with § 15–112 of this title.

(7) Each carrier shall:

(i) have a system in place that documents all requests to obtain a referral to receive a covered service from a specialist or nonphysician specialist who is not part of the carrier’s provider panel;

(ii) inform members of the procedure to request a referral under paragraph (1) of this subsection; and

(iii) provide the information documented under item (i) of this paragraph to the Commissioner on request.

(e) (1) Except as provided in paragraph (2) of this subsection, for purposes of calculating any deductible, copayment amount, or coinsurance payable by the member, a carrier shall treat services received in accordance with subsection (d) of this section as if the service was provided by a provider on the carrier’s provider panel.

(2) A carrier shall ensure that services received in accordance with subsection (d) of this section for mental health or substance use disorders are provided for the duration of the treatment plan at no greater cost to the covered individual than if the covered benefit were provided by a provider on the carrier’s provider panel.

(f) A decision by a carrier not to provide access to or coverage of treatment or health care services by a specialist or nonphysician specialist in accordance with this section constitutes an adverse decision as defined under Subtitle 10A of this title if the decision is based on a finding that the proposed service is not medically necessary, appropriate, or efficient.

(g) (1) Each carrier shall file with the Commissioner a copy of each of the procedures required under this section, including:

(i) steps the carrier requires of a member to request a referral;

(ii) the carrier’s timeline for decisions; and

(iii) the carrier’s grievance procedures for denials.

(2) Each carrier shall make a copy of each of the procedures filed under paragraph (1) of this subsection available to its members:

(i) in the carrier’s online provider directory required under § 15–112(n)(1) of this title; and

(ii) on request.

(h) The Consumer Education and Advocacy Program, established under Title 2, Subtitle 3 of this article, in collaboration with the Health Education and Advocacy Unit of the Office of the Attorney General, shall provide public education to inform consumers of their procedures to request a referral to a specialist or nonphysician specialist as provided for in this section.

(i) This section may not be construed to limit the provisions in § 19–710(p) of the Health – General Article.
Md. Code, State Finance and Procurement § 15-112 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this section applies to State procurement contracts for:

1. construction;

2. information processing equipment, cloud computing services, and associated services; and

3. in accordance with Title 3.5, Subtitle 3 of this article, information technology system and cybersecurity upgrades and modernization.

(ii) This section does not apply to State procurement contracts for public school construction or public school capital improvements.

(2) For purposes of this section, a written acceptance letter for a State Highway Administration or Maryland Aviation Administration procurement contract for construction shall have the same force and effect as a change order until the State Highway Administration or Maryland Aviation Administration issues a written change order.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a unit may not require a prime contractor and a prime contractor may not require a subcontractor to begin change order work under a contract until the procurement officer for the unit issues a written change order that specifies whether the work is to proceed, in compliance with the terms of the contract, on:

(i) an agreed–to price which may include a preestablished catalog or unit prices based on local prevailing wage rates and equipment and material costs for each task required for the change order as included in the bid documents at the time of bid;

(ii) a force account;

(iii) a construction change directive; or

(iv) a time and materials basis.

(2) If a procurement officer and a prime contractor do not agree that work is included within the original scope and terms of a contract, nothing in this section:

(i) prohibits a procurement officer from issuing an order to a prime contractor to perform work or to furnish labor or materials determined by the procurement officer to be required by a contract between a unit and the prime contractor;

(ii) authorizes a refusal to perform work or to furnish labor or materials that a procurement officer has ordered the prime contractor to perform or to furnish because the procurement officer has determined that the work or labor is or the materials are required by a contract between a unit and the prime contractor; or

(iii) prejudices or impairs the right of a prime contractor to submit a claim or dispute to a procurement officer, in accordance with applicable law and the contract, seeking additional compensation for complying with an order of the procurement officer to perform work or to furnish labor or materials determined by the procurement officer to be required by a contract between the prime contractor and a unit.

(3) (i) If a unit is to pay for a contract or a part of a contract using a unit price methodology, a change order may not be required for work to continue and be completed beyond the estimated quantities in the contract.

(ii) After work is completed, a unit shall:

1. determine the actual quantity used to complete the contract; and

2. if necessary, issue a final adjustment change order to the contractor.

(c) If the amount to be paid under an approved change order does not exceed $50,000, a unit shall pay an invoice for work performed and accepted under the change order as provided for in the contract within 30 days after the unit receives the invoice and in accordance with § 15–103 of this subtitle.

(d) Within 5 days after receipt of a written change order, a prime contractor shall provide a subcontractor with a copy of the approved change order and the amount to be paid to the subcontractor based on the portion of the change order work to be completed by the subcontractor.

(e) The Board shall propose updated regulations as needed that provide for an expedited change order process for change orders valued at more than the small procurement amount specified in § 13–109 of this article.

(f) (1) On or before December 31, 2016, each unit shall issue guidelines for the unit’s change order process.

(2) The guidelines issued under paragraph (1) of this subsection shall be updated and reissued when any changes are made to the unit’s change order process.

(g) A provision of this section has effect only to the extent that the provision does not conflict with federal law or regulation.
Md. Code, Insurance § 15-10B-11 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-11
§15–10B–11.
Status: in_force

A private review agent may not:

(1) violate any provision of this subtitle or any rule or regulation adopted under this subtitle;

(2) fail to meet the requirements for certification under this subtitle;

(3) obtain or attempt to obtain certification based on inaccurate information;

(4) fraudulently or deceptively obtain or use a certificate;

(5) fail to make available the services of sufficient numbers of registered nurses, medical records technicians, or similarly qualified persons supported and supervised by appropriate physicians to carry out its utilization review activities;

(6) fail to meet any applicable regulations the Commissioner adopts under this subtitle relating to the qualifications of private review agents or the performance of utilization review;

(7) fail to protect the confidentiality of medical records in accordance with applicable State and federal laws;

(8) use criteria and standards to conduct utilization review unless the criteria and standards used by the private review agent are:

(i) objective;

(ii) clinically valid;

(iii) compatible with established principles of health care; or

(iv) flexible enough to allow deviations from norms when justified on a case-by-case basis; or

(9) act as a private review agent without holding a certificate issued under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-1002 — MD Code / Article gab / Title 15 / Subtitle 10 / Section 15-1002
§15–1002.
Status: in_force

(a) There is a Class B–BB (bed and breakfast) beer, wine, and liquor license.

(b) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate a bed and breakfast that:

(1) provides services ordinarily provided by a bed and breakfast;

(2) has at least one room but not more than 5 rooms, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time; and

(3) has a kitchen facility that has been approved by the appropriate local governmental unit.

(c) The license authorizes the license holder to sell beer, wine, and liquor to a guest if:

(1) the name and address of the guest appears on the registry that the bed and breakfast maintains; and

(2) the guest is an occupant of a sleeping room in the bed and breakfast.

(d) (1) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption to a guest of a catered event at the bed and breakfast if:

(i) 1. the license holder is under contract to cater the event;

2. the license holder caters the event; and

3. food is served at the catered event; or

(ii) the license holder hosts an event for which tickets are sold in advance.

(2) The license authorizes the license holder to contract to provide alcoholic beverages at events held off the premises if:

(i) the event is held in the county;

(ii) the bed and breakfast also contracts to provide food at the catered event; and

(iii) the cost of alcoholic beverages does not exceed 50% of the total invoice for the catered event.

(3) The license authorizes the license holder to allow a guest of the bed and breakfast, whose name and address appears on the registry of the establishment, to bring personal alcoholic beverages onto the premises for on–premises consumption during the hours and days as set out under subsection (e) of this section.

(e) The license holder may sell beer, wine, and liquor for on–premises consumption during the hours and days as set out for a Class B beer, wine, and liquor license under § 15–2004 of this title.

(f) Except during catered events that meet the requirements under subsection (d) of this section or ticketed events hosted by the license holder, the license does not authorize the sale of beer, wine, and liquor to an individual who:

(1) is not a guest of the bed and breakfast; or

(2) is registered as a guest at the bed and breakfast only to obtain beer, wine, and liquor.

(g) (1) A bed and breakfast may not be operated only to sell or provide beer, wine, and liquor.

(2) If the bed and breakfast ends operations as a bed and breakfast:

(i) the license is void; and

(ii) the license holder shall return the license to the Board.

(h) This section may not be construed to apply to a permanent resident on the premises or to guests of the permanent resident.

(i) The license holder shall:

(1) maintain records of all catered events, on–premises and off–premises, where alcoholic beverages are served; and

(2) make the records required under paragraph (1) of this subsection available on request to the Board, the Comptroller, or the Executive Director.

(j) The annual license fee is $500.
Md. Code, Criminal Procedure § 15-421 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-421
§15–421.
Status: in_force

(a) This section applies only in Talbot County.

(b) (1) The State’s Attorney’s salary is 80% of the salary of a judge of the District Court of Maryland.

(2) Subject to the approval of the County Council, the State’s Attorney is entitled to a reasonable allowance for the expenses of operating the office, including the costs of:

(i) administrative, clerical, and secretarial expenses, including salaries and benefits;

(ii) telephone charges;

(iii) office supplies and equipment;

(iv) postage;

(v) travel, training, and conferences;

(vi) books and publications; and

(vii) premiums on office bonds.

(c) (1) (i) The State’s Attorney may appoint the number of full–time or part–time deputy State’s Attorneys and assistant State’s Attorneys that the County Council approves.

(ii) Each deputy and assistant State’s Attorney appointed under this paragraph shall:

1. serve at the pleasure of the State’s Attorney;

2. receive the compensation that the County Council approves; and

3. have the same legal powers as the State’s Attorney to present cases to the grand jury and perform necessary duties in relation to the grand jury and the operation of the office.

(2) (i) The State’s Attorney may appoint special assistant State’s Attorneys as the State’s Attorney considers necessary to serve in an investigation or a case.

(ii) A special assistant State’s Attorney appointed under this paragraph:

1. shall serve on a temporary basis;

2. subject to paragraph (3) of this subsection, shall receive compensation from the County Council in the form and amount authorized by order of the circuit court; and

3. may not be considered to hold an office for profit or to have vacated a public office or employment in another State’s Attorney’s office by serving as a special assistant State’s Attorney.

(3) (i) The county may not compensate an individual who is appointed as a special assistant State’s Attorney and is employed by the Office of the Attorney General, the Office of the State Prosecutor, or the Office of the State’s Attorney in another county.

(ii) Notwithstanding subparagraph (i) of this paragraph, the county may enter into an agreement to reimburse the appropriate governmental unit for the services of an individual employed by that governmental unit who is appointed as a special assistant State’s Attorney under paragraph (2) of this subsection.

(d) (1) Subject to the approval of the County Council, the State’s Attorney may appoint full–time or part–time criminal investigators.

(2) If the State’s Attorney appoints more than one criminal investigator, the State’s Attorney may designate one as chief investigator and assign other ranks and titles to the other criminal investigators.

(3) A criminal investigator who is appointed under this subsection:

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

(ii) is subject to the regulations of the State’s Attorney;

(iii) shall perform the duties that the State’s Attorney designates;

(iv) shall take an oath of office that the clerk of the circuit court administers;

(v) shall meet the criteria regarding training and experience that the State’s Attorney requires;

(vi) may serve a summons or subpoena that the State’s Attorney issues;

(vii) may wear or display appropriate metallic badges that the State’s Attorney authorizes; and

(viii) is not subject to Title 3, Subtitle 1 of the Public Safety Article.

(4) The State’s Attorney may designate a criminal investigator as a peace officer if the criminal investigator meets the selection and training standards of the Maryland Police Training and Standards Commission as set forth in Title 3, Subtitle 2 of the Public Safety Article.

(5) A criminal investigator designated as a peace officer may not be subject to Title 3, Subtitle 1 of the Public Safety Article.

(6) In addition to the authority, duties, and limitations described under paragraph (3) of this subsection, a criminal investigator designated as a peace officer may:

(i) arrest a person who commits a crime in the county or in a municipal corporation in the county;

(ii) serve a warrant, summons, or subpoena that the District Court of Maryland in the county or a circuit court issues; and

(iii) possess and carry a firearm, including a handgun, or other weapon that the State’s Attorney requires.

(e) (1) The State’s Attorney shall serve full time and may not engage in the private practice of law.

(2) An attorney appointed as a special assistant State’s Attorney under subsection (c)(2) of this section may not be precluded from the private practice of criminal law.
Md. Code, Insurance § 15-1205 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1205
§15–1205.
Status: in_force

(a) (1) This subsection 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.

(2) In establishing a community rate for a health benefit plan, a carrier shall use a rating methodology that is based on the experience of all risks covered by that health benefit plan without regard to any factor not specifically authorized under this subsection or subsection (g) of this section.

(3) A carrier may adjust the community rate only for:

(i) age;

(ii) geography based on the following contiguous areas of the State:

1. the Baltimore metropolitan area;

2. the District of Columbia metropolitan area;

3. Western Maryland; and

4. Eastern and Southern Maryland; and

(iii) health status, as provided in subsection (g) of this section.

(4) Rates for a health benefit plan may vary based on family composition as approved by the Commissioner.

(5) (i) Subject to subparagraph (ii) of this paragraph, after applying the risk adjustment factors under paragraph (3) of this subsection, a carrier may offer a discount not to exceed 20% to a small employer for participation in a wellness program.

(ii) A discount offered under subparagraph (i) of this paragraph shall be:

1. applied to reduce the rate otherwise payable by the small employer;

2. actuarially justified;

3. offered uniformly to all small employers; and

4. approved by the Commissioner.

(b) (1) This subsection applies to a carrier with respect to any health benefit plan that:

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

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

(2) In establishing a premium rate for a health benefit plan, a carrier shall use a rating methodology that is based on the experience of all risks covered by that health benefit plan without regard to any factor not specifically authorized under this subsection.

(3) In accordance with § 2701(a) of the Affordable Care Act, a premium rate may vary only by:

(i) whether the health benefit plan covers an individual or a family;

(ii) rating area;

(iii) age, except that a rate may not vary by more than 3 to 1 for adults; and

(iv) tobacco use, except that a rate may not vary by more than 1.5 to 1.

(4) A rate may not vary by any factor that is not specified in paragraph (3) of this subsection.

(c) (1) A carrier shall apply all risk adjustment factors under subsections (a) and (g) of this section consistently with respect to all health benefit plans that are:

(i) issued, delivered, or renewed in the State; and

(ii) grandfathered health plans, as defined in § 1251 of the Affordable Care Act.

(2) A carrier shall apply all risk adjustment factors under subsection (b) of this section consistently with respect to all health benefit plans that are:

(i) issued, delivered, or renewed in the State; and

(ii) not grandfathered health plans, as defined in § 1251 of the Affordable Care Act.

(d) (1) This subsection applies to a carrier with respect to any health benefit plan that is a grandfathered health plan.

(2) Based on the adjustments allowed under subsection (a)(3)(i) and (ii) of this section, a carrier may charge a rate that is 50% above or 50% below the community rate.

(3) On or before October 1, 2007, the Commission shall adopt regulations that require carriers to collect and report to the Commission data on participation, by rate band, in health benefit plans issued, delivered, or renewed under this subtitle.

(e) (1) A carrier shall base its rating methods and practices on commonly accepted actuarial assumptions and sound actuarial principles.

(2) A carrier that is a health maintenance organization and that includes a subrogation provision in its contract as authorized under § 19–713.1(d) of the Health – General Article shall:

(i) use in its rating methodology an adjustment that reflects the subrogation; and

(ii) identify in its rate filing with the Administration, and annually in a form approved by the Commissioner, all amounts recovered through subrogation.

(f) (1) This subsection 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.

(2) A carrier may offer an administrative discount to a small employer if the small employer elects to purchase, for its employees, an annuity, dental insurance, disability insurance, life insurance, long–term care insurance, vision insurance, or, with the approval of the Commissioner, any other insurance sold by the carrier.

(3) The administrative discount shall be offered under the same terms and conditions for all qualifying small employers.

(g) (1) A carrier may adjust the community rate for a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act, for health status only if a small employer has not offered a health benefit plan issued under this subtitle to its employees in the 12 months prior to the initial enrollment of the small employer in the health benefit plan.

(2) (i) Based on the adjustment allowed under paragraph (1) of this subsection, in addition to the adjustments allowed under subsection (d)(1) of this section, a carrier may charge:

1. in the first year of enrollment, a rate that is 10% above or below the community rate;

2. in the second year of enrollment, a rate that is 5% above or below the community rate; and

3. in the third year of enrollment, a rate that is 2% above or below the community rate.

(ii) A carrier may not make any adjustment for health status in the community rate of a health benefit plan issued under this subtitle after the third year of enrollment of a small employer in the health benefit plan.

(3) For a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act, a carrier may use health statements, in a form approved by the Commissioner, and health screenings to establish an adjustment to the community rate for health status as provided in this subsection.

(4) A carrier may not limit coverage offered by the carrier, or refuse to issue a health benefit plan to any small employer that meets the requirements of this subtitle, based on a health status–related factor.

(5) It is an unfair trade practice for a carrier knowingly to provide coverage to a small employer that discriminates against an employee or applicant for employment, based on the health status of the employee or applicant or a dependent of the employee or applicant, with respect to participation in a health benefit plan sponsored by the small employer.

(h) A carrier shall set premium rates for the entire plan year for each small employer.
Md. Code, Insurance § 15-926 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-926
§15–926.
Status: in_force

(a) Each carrier that issues Medicare supplement policies shall provide to CMS any data, statistics, or other information that CMS requests about the carrier’s Medicare supplement policies.

(b) On request from CMS, the Commissioner may provide to CMS any information about Medicare supplement policies that are issued in the State.
Md. Code, Business Regulation § 15-101 — MD Code / Article gbr / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

In this subtitle, “valuable” means money, jewelry, securities, or plate.
Md. Code, Insurance § 15-1A-18 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-18
§15–1A–18.
Status: in_force

(a) A carrier may offer a catastrophic plan in the individual market in accordance with the requirements of this section.

(b) A catastrophic plan may be offered only to individuals who:

(1) are under the age of 30 years before the beginning of the plan year; or

(2) hold certification for a hardship exemption or an affordability exemption as required in subsection (c) of this section.

(c) (1) Except as provided in paragraph (2) of this subsection, to be offered a catastrophic plan, an individual shall hold certification for a hardship exemption or an affordability exemption under 42 U.S.C. § 5000A.

(2) If the Maryland Health Benefit Exchange adopts regulations as described under subsection (d) of this section, an individual shall hold certification for a hardship exemption or an affordability exemption under the regulations adopted by the Exchange.

(d) To the extent necessary, the Maryland Health Benefit Exchange shall adopt regulations that:

(1) establish a process for issuing hardship exemptions and affordability exemptions; and

(2) are consistent with 42 U.S.C. § 5000A and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.

(e) (1) Subject to paragraph (2) of this subsection, a catastrophic plan shall provide coverage for essential health benefits.

(2) A catastrophic plan shall require a deductible that:

(i) is equal to the annual limit on cost–sharing described in § 15–1A–19 of this subtitle;

(ii) applies to essential health benefits;

(iii) does not apply to at least three primary care visits each plan year; and

(iv) does not apply to any covered benefits for which a deductible is prohibited under this title.
Md. Code, Estates and Trusts § 15-502 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of Parts II and III of this subtitle, a fiduciary:

(1) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this subtitle;

(2) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this subtitle;

(3) Shall administer a trust or estate in accordance with this subtitle if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and

(4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this subtitle do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(b) (1) In exercising a discretionary power of administration regarding a matter within the scope of this subtitle, whether granted by the terms of a trust, a will, or this subtitle, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries.

(2) A determination in accordance with this subtitle is presumed to be fair and reasonable to all of the beneficiaries.
Md. Code, Estates and Trusts § 15-522 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-522
§15–522.
Status: in_force

(a) (1) In this section, “asset-backed security” means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security.

(2) “Asset-backed security” includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return.

(3) “Asset-backed security” does not include an asset to which § 15-508 or § 15-516 of this subtitle applies.

(b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

(c) (1) If a trust receives one or more payments in exchange for the trust’s entire interest in an asset–backed security in one accounting period, the trustee shall allocate the payments to principal.

(2) If a payment is one of a series of payments that will result in the liquidation of the trust’s interest in the security over more than one accounting period, the trustee shall allocate 10% of the payment to income and the balance to principal.
Md. Code, Insurance § 15-803 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-803
§15–803.
Status: in_force

(a) An insurer or nonprofit health service plan that issues or delivers an individual, group, or blanket health insurance policy or contract in the State, or a health maintenance organization that issues or delivers an individual or group contract in the State, may not exclude payments for blood products, both derivatives and components, that otherwise would be covered under the health insurance contract.

(b) This section does not apply to whole blood or concentrated red blood cells.
Md. Code, Health - General § 15-408 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-408
§15–408.
Status: in_force

The Department shall develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each Program enrollee or potential Program enrollee when providing information about the Program.
Md. Code, Health - General § 15-122.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-122.2
§15–122.
Status: in_force

§15–122.2.

(a) In this section, “converted funds” means the amount received in payment by a person from an insurer for the cost of health services provided to a child which was not used to reimburse the Department for Medicaid costs incurred.

(b) Each year the Department may refer to the Central Collection Unit of the Department of Budget and Management for certification to the State Comptroller the name of any person who has received converted funds for the interception of any State tax refund.

(c) The Department shall notify the person certified under subsection (b) of this section that a certification has been made by the Department.

(d) The certification by the Central Collection Unit shall include, if known:

(1) The full name of the person certified and any other names known to be used by that person;

(2) The address and the Social Security number of the person certified; and

(3) The amount of the converted funds.

(e) The State Comptroller shall:

(1) Pay to the Department any income tax refund due to the person certified in an amount not more than the amount certified by the Department;

(2) Pay to the person certified any part of the income tax refund over the amount of the converted funds; and

(3) Notify the person certified of:

(i) The amount paid to the Department; and

(ii) The rights of the person certified under subsection (b) of this section.

(f) (1) On receipt of a notice of intercept from the State Comptroller, any person certified by the Department who disputes the existence or amount of the converted funds may file an appeal in accordance with Title 10 of the State Government Article.

(2) If the Department finds that an excessive amount was withheld from the person’s income tax refund, the Department promptly shall pay to the taxpayer the excess amount withheld.

(g) The Comptroller shall honor refund interception requests in the following order:

(1) A refund interception request to collect an unpaid State, county, or municipal tax;

(2) A refund interception request under § 10-113 of the Family Law Article for arrears of support payments;

(3) A refund interception request for converted funds under this subtitle; and

(4) Any other refund interception request.

(h) The Secretary and the State Comptroller may adopt regulations to carry out this section.
Md. Code, Housing and Community Development § 15-109 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) (1) The Baltimore Authority may recognize and engage in collective bargaining with the exclusive bargaining representatives of all appropriate employee bargaining units, including units consisting of:

(i) maintenance, housekeeping, and technical personnel;

(ii) administrative and clerical personnel; and

(iii) supervisory personnel.

(2) The power under paragraph (1) of this section includes the power of the Baltimore Authority to:

(i) deal with and, through an exclusive bargaining representative, address grievances and settle disputes;

(ii) meet and bargain in good faith with an exclusive bargaining representative about wages, hours, working conditions, and other terms and conditions of employment to form a binding labor agreement; and

(iii) draft and execute labor agreements that last not more than 3 consecutive fiscal years.

(3) A bargaining unit under paragraph (1) of this subsection may not include:

(i) confidential employees;

(ii) contractual employees employed for less than 5 consecutive years;

(iii) probationary employees;

(iv) attorneys in the general counsel’s office;

(v) supervisors, as defined in 29 U.S.C. § 152(11); or

(vi) employees whose main responsibility is to manage or direct independently the assets and affairs of the Baltimore Authority.

(b) The Baltimore Authority may engage in binding third-party arbitration of:

(1) disputes over a term or condition of employment; and

(2) grievances that relate to the interpretation or application of a written collective bargaining agreement, employment regulation, or work rule.

(c) The Baltimore Authority may exercise any power that is necessary and appropriate to establish and implement a system of collective bargaining with its employees.
Md. Code, Criminal Procedure § 15-204 — MD Code / Article gcp / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) A majority of the members of the Council is a quorum.

(b) (1) The Council shall meet at least four times each year.

(2) The Council shall hold special meetings when called by:

(i) the chair, on the chair’s own initiative or on the written request of three Council members; or

(ii) the vice chair, in the absence of the chair.

(3) The Council shall establish procedures and requirements with respect to meetings, deliberations, and the administration of the functions of the Council.

(c) The Coordinator shall serve as the secretary to the Council and perform the duties and responsibilities the Council directs in order to carry out the functions of the Council.
Md. Code, Insurance § 15-1008 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1008
§15–1008.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization;

(v) a managed care organization, as defined in § 15–101 of the Health – General Article; or

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

(3) “Code” means:

(i) the applicable current procedural terminology (CPT) code, as adopted by the American Medical Association;

(ii) if for a dental service, the applicable code adopted by the American Dental Association; or

(iii) another applicable code under an appropriate uniform coding scheme used by a carrier in accordance with this section.

(4) “Coding guidelines” means those standards or procedures used or applied by a payor to determine the most accurate and appropriate code or codes for payment by the payor for a service or services.

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

(6) “Reimbursement” means payments made to a health care provider by a carrier on either a fee–for–service, capitated, or premium basis.

(b) This section does not apply to an adjustment to reimbursement:

(1) made as part of an annual contracted reconciliation of a risk sharing arrangement under an administrative service provider contract; or

(2) made as part of a two–sided incentive arrangement that complies with § 15–113 of this title.

(c) (1) If a carrier retroactively denies reimbursement to a health care provider, the carrier:

(i) may only retroactively deny reimbursement for services subject to coordination of benefits with another carrier, the Maryland Medical Assistance Program, or the Medicare Program during the 18–month period after the date that the carrier paid the health care provider; and

(ii) except as provided in item (i) of this paragraph, may only retroactively deny reimbursement during the 6–month period after the date that the carrier paid the health care provider.

(2) (i) A carrier that retroactively denies reimbursement to a health care provider under paragraph (1) of this subsection shall provide the health care provider with a written statement specifying the basis for the retroactive denial.

(ii) If the retroactive denial of reimbursement results from coordination of benefits by a carrier that is not a managed care organization, the written statement shall provide the name and address of the entity acknowledging responsibility for payment of the denied claim.

(d) Except as provided in subsection (e) of this section, a carrier that does not comply with the provisions of subsection (c) of this section may not retroactively deny reimbursement or attempt in any manner to retroactively collect reimbursement already paid to a health care provider.

(e) (1) The provisions of subsection (c)(1) of this section do not apply if a carrier retroactively denies reimbursement to a health care provider because:

(i) the information submitted to the carrier was fraudulent;

(ii) the information submitted to the carrier was improperly coded and the carrier has provided to the health care provider sufficient information regarding the coding guidelines used by the carrier at least 30 days prior to the date the services subject to the retroactive denial were rendered;

(iii) the claim submitted to the carrier was a duplicate claim; or

(iv) for a claim submitted to a managed care organization, the claim was for services provided to a Maryland Medical Assistance Program recipient during a time period for which the Program has permanently retracted the capitation payment for the Program recipient from the managed care organization.

(2) Information submitted to the carrier may be considered to be improperly coded under paragraph (1) of this subsection if the information submitted to the carrier by the health care provider:

(i) uses codes that do not conform with the coding guidelines used by the carrier applicable as of the date the service or services were rendered; or

(ii) does not otherwise conform with the contractual obligations of the health care provider to the carrier applicable as of the date the service or services were rendered.

(f) If a carrier retroactively denies reimbursement for services as a result of coordination of benefits under provisions of subsection (c)(1)(i) of this section, the health care provider shall have 6 months from the date of denial, unless a carrier permits a longer time period, to submit a claim for reimbursement for the service to the carrier, Maryland Medical Assistance Program, or Medicare Program responsible for payment.
Md. Code, Alcoholic Beverages and Cannabis § 15-402 — MD Code / Article gab / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday or an election day.
Md. Code, Health Occupations § 15-315 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-315
§15–315.
Status: in_force

(a) (1) Except as otherwise provided under § 10–226 of the State Government Article, before a disciplinary panel takes any action under § 15–311 or § 15–314(a) of this subtitle, the disciplinary panel shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

(2) The hearing officer shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(3) A disciplinary panel may administer oaths in connection with any proceeding under this section.

(b) (1) Any licensee who is aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.

(2) The appeal shall be as provided for judicial review of the final decision in Title 10, Subtitle 2 of the State Government Article.

(c) An order of the Board or a disciplinary panel under this subtitle may not be stayed pending review.

(d) All of the findings and orders of the Board or a disciplinary panel that relate to physician assistants are subject to the provisions of Title 14, Subtitle 4 of this article.
Md. Code, Insurance § 15-858 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-858
§15–858.
Status: in_force

(a) (1) This section applies to:

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

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

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

(b) An entity subject to this section may not apply a prior authorization requirement for a prescription drug used as postexposure prophylaxis for the prevention of HIV if the prescription drug is prescribed for use in accordance with Centers for Disease Control and Prevention guidelines.
Md. Code, Health - General § 15-157 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-157
§15–157.
Status: in_force

(a) In this section, “Fund” means the Medicaid Primary Care Program Fund.

(b) There is a Medicaid Primary Care Program Fund in the Department.

(c) The purpose of the Fund is to serve as the foundation for advancing primary care in the State under the Advancing All–Payer Health Equity Approaches and Development (AHEAD) model.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) Hospital payments administered on a one–time basis, through a uniform and broad–based assessment via the Medicare savings component for calendar year 2023 by the Health Services Cost Review Commission; and

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

(g) The Fund may be used to:

(1) Implement a Medicaid primary care advanced payment model program as required under the AHEAD cooperative agreement; and

(2) Support primary care providers serving enrollees of the Medical Assistance Program through investments that include increased reimbursement for evaluation and management codes, care management fees to eligible practices, and quality incentives.

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

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Insurance § 15-904 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-904
§15–904.
Status: in_force

(a) A carrier may not issue, deliver, or renew a Medicare supplement policy in the State unless the Medicare supplement policy complies with this subtitle.

(b) (1) Notwithstanding any other provision of this subtitle, an insurer or a nonprofit health service plan that is authorized to issue Medicare supplement policies under this article may issue Medicare supplement policies under the Medicare Select Program.

(2) The requirements for a Medicare supplement policy issued under the Medicare Select Program shall be consistent with requirements set forth in the federal Omnibus Budget Reconciliation Act of 1990 and any subsequent relevant federal law and regulations.

(3) The Maryland Department of Health shall determine the adequacy of the network established by an insurer or a nonprofit health service plan under the Medicare Select Program, as to the number of providers, geographic location, hours of operation, promptness of service, and range of services, in the same manner as determined for a health maintenance organization under §§ 19–705.1 and 19–705.2 of the Health – General Article.

(c) The Commissioner may adopt regulations, in consultation with the Secretary of Health, to establish the requirements of the Medicare Select Program.
Md. Code, Transportation § 15-214 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-214
§15–214.
Status: in_force

In addition to any other right to request a hearing under this subtitle and notwithstanding any provisions of the franchise agreement to the contrary, a dealer, designated dealer successor as provided in § 15-211.1 of this subtitle, manufacturer, distributor, or factory branch may request a hearing under Title 12, Subtitle 2 of this article to:

(1) Resolve a dispute under any provision of this title between a dealer or a designated dealer successor and a manufacturer, distributor, or factory branch; or

(2) Seek clarification or interpretation of any provision of this subtitle.
Md. Code, Commercial Law § 15-503 — MD Code / Article gcl / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

Any creditor who violates any provision of § 15-501 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Insurance § 15-216 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-216
§15–216.
Status: in_force

Each policy of health insurance shall contain the following provision:

“Physical examinations and autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.”
Md. Code, Insurance § 15-1001 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1001
§15–1001.
Status: in_force

(a) This section applies to entities that propose to issue or deliver individual, group, or blanket health insurance policies or contracts in the State or to administer health benefit programs that provide for the coverage of health care services and the utilization review of those services, including:

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

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization; or

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

(b) (1) Subject to paragraph (2) of this subsection, each entity subject to this section shall:

(i) 1. have a certificate issued under Subtitle 10B of this title; or

2. contract with a private review agent that has a certificate issued under Subtitle 10B of this title; and

(ii) when conducting utilization review for mental health and substance use benefits, ensure that the criteria and standards used are in compliance with the federal Mental Health Parity and Addiction Equity Act.

(2) For hospital services, each entity subject to this section may contract with or delegate utilization review to a hospital utilization review program approved under § 19–319(d) of the Health – General Article.

(c) Notwithstanding any other provision of this article, if the medical necessity of providing a covered benefit is disputed, an entity subject to this section that does not meet the requirements of subsection (b) of this section shall pay any person entitled to reimbursement under the policy or contract in accordance with the determination of medical necessity by:

(1) the treating provider; or

(2) when hospital services are provided, the hospital utilization review program approved under § 19-319(d) of the Health - General Article.

(d) An entity subject to this section may not:

(1) act as a private review agent without holding a certificate issued under Subtitle 10B of this title; or

(2) use a private review agent that does not hold a certificate issued under Subtitle 10B of this title.

(e) An entity that violates any provision of this section is subject to the penalties provided under § 15-10B-12 of this title.
Md. Code, Estates and Trusts § 15-306 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this subtitle.
Md. Code, Environment § 15-527 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-527
§15–527.
Status: in_force

(a) An employee of the State of Maryland who performs any function or duty under this subtitle may not have a direct or indirect financial interest in any open-pit or deep mining operation. For purposes of this section, prohibited financial interests shall be determined in accordance with federal regulations adopted under the federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).

(b) This section is intended to be read in conjunction with and to supplement the provisions of the Maryland Public Ethics Law, but in the event of any conflict, the requirements of this section shall prevail.

(c) Any person who knowingly violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $2,500 or imprisonment for not more than 1 year or both.
Md. Code, Environment § 15-811 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-811
§15–811.
Status: in_force

(a) Any permit issued shall be expressly conditioned upon compliance with all requirements of the approved mining and reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards deemed necessary by the Department to assure that the operation will comply fully with the requirements and objectives of this subtitle. The conditions may include a requirement of visual screening, vegetative or otherwise, to screen the view of the operation from public highways, public parks, or residential areas existing at the time of the original application, if the Department finds screening to be feasible and desirable.

(b) Violation of these conditions shall be treated as a violation of this subtitle subject to the remedies and penalties under § 15-808(k), § 15-821, or § 15-832 of this subtitle.
Md. Code, Education § 15-106.2 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.2
§15–106.
Status: in_force

§15–106.2.

(a) In this section, “residency requirement” means the requirement of a public senior higher education institution for a student to have resided in the State for 1 year to be considered a resident and receive in–State tuition status.

(b) For tuition purposes, a public senior higher education institution shall waive the in–State residency requirement for a public school teacher employed by a county board if:

(1) (i) The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or

(ii) The course or program maintains or improves skills required by the county board in the teacher’s current position;

(2) The teacher resides in this State and is employed as a full–time public school teacher; and

(3) The teacher has been employed as a public school teacher in the State for less than a year.

(c) A public school teacher is responsible for the difference between in–State and out–of–state tuition if:

(1) The teacher resigns or is terminated from employment with the county board; and

(2) The teacher remains enrolled in the course or program at an institution of higher education during the teacher’s first year as a Maryland resident.
Md. Code, Alcoholic Beverages and Cannabis § 15-1701 — MD Code / Article gab / Title 15 / Subtitle 17 / Section 15-1701
§15–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation:

(1) §�4–302�(“Transfer of place of business; transfer of license and inventory”);

(2) §�4–303�(“Chain store, supermarket, or discount house”);

(3) §�4–304�(“Compliance with Bulk Transfers Act required”); and

(4) §�4–305�(“Filing fee and endorsement”).

(b) Section 4–306 (“Substitution of names of officers on license”) of Division I of this article applies in the county, subject to § 15–1702 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 15-1307 — MD Code / Article gab / Title 15 / Subtitle 13 / Section 15-1307
§15–1307.
Status: in_force

(a) The Board may issue a per diem license of any retail class.

(b) A per diem license authorizes the license holder to exercise any privilege conferred by the class of license at an entertainment event held by a club.

(c) (1) The license shall be in the form that the Board requires.

(2) The applicant shall sign the license.

(d) The license may not be issued to a club more than 12 times in a calendar year.

(e) The fee for the license is $50.
Md. Code, Land Use § 15-118 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-118
§15–118.
Status: in_force

In the performance of the functions and duties of the Commission, any commissioner or employee or agent of the Commission may enter at all reasonable hours any building or private premises in the metropolitan district or in the regional district to make examinations and surveys and to place and maintain necessary monuments and marks on the building or premises.
Md. Code, Transportation § 15-1006 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1006
§15–1006.
Status: in_force

A license issued under this subtitle authorizes the licensee to conduct the business of a manufacturer, distributor, or factory branch during the license year for which it is issued.
Md. Code, Insurance § 15-10B-15 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-15
§15–10B–15.
Status: in_force

The Commissioner shall periodically provide a list of private review agents issued certificates and the renewal date for those certificates to any person on request.
Md. Code, Health - General § 15-404 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-404
§15–404.
Status: in_force

To qualify under the Program, a long–term care policy shall:

(1) Satisfy the requirements of § 1917(b) of the Social Security Act and any applicable federal guidelines;

(2) Satisfy the requirements of Title 18 of the Insurance Article; and

(3) Alert the purchaser to the availability of consumer information and public education provided by the Commissioner under § 15–406 of this subtitle in accordance with any applicable federal guidelines.
Md. Code, Insurance § 15-1A-21 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-21
§15–1A–21.
Status: in_force

(a) This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.

(b) (1) Subject to § 15–1106 of this title, a carrier may not rescind the coverage under a health benefit plan unless:

(i) the insured individual performs an act, a practice, or an omission that constitutes fraud or makes a misrepresentation of material fact as prohibited by the health benefit plan; and

(ii) except as provided in paragraph (2) of this subsection, the carrier complies with 45 C.F.R. § 147.128.

(2) If the Commissioner adopts regulations as described in subsection (c) of this section, a carrier that rescinds the coverage under a health benefit plan in accordance with subsection (b) of this section shall comply with the adopted regulations.

(c) To the extent necessary, the Commissioner shall adopt regulations that:

(1) establish requirements that a carrier shall comply with to rescind coverage under subsection (b) of this section; and

(2) are consistent with 45 C.F.R. § 147.128 and any federal rules and guidance as those provisions were in effect December 31, 2024.
Md. Code, State Finance and Procurement § 15-202 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

Except to the extent authorized by regulation by the Board, this subtitle does not apply to a protest concerning any act or omission by a procurement agency under Title 14, Subtitle 6 of this article.
Md. Code, Environment § 15-803 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-803
§15–803.
Status: in_force

(a) The Department may adopt regulations reasonably necessary for the administration of this subtitle. Regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.

(b) In adopting regulations under this subtitle, the Department shall recognize the basic and essential resource utilization aspect of the surface mining industry and the importance of the industry to the economic well-being of the State.
Md. Code, Environment § 15-308 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: reserved

Upon payment to the State of a certificate fee of $1, each successful applicant shall be entitled to a certificate signed by the examining authority. The certificate shall state the name, age, and residence of the person certified, the position for which the person qualified, and the person’s experience. A photograph furnished by the certificate holder shall be mounted on the certificate across which shall be impressed the seal and signature of the examining authority. A certificate may not be transferred. If the certificate is lost or destroyed, the examining authority, when satisfied of the loss or destruction, shall supply the certificate holder with a copy of it, on payment to the State of a fee of 50 cents.
Md. Code, Alcoholic Beverages and Cannabis § 15-701 — MD Code / Article gab / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

(a) There is a Class A wine license in the county.

(b) The license may be issued to a holder of a Class 4 limited winery license.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery.

(2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee shall be set by the Board of License Commissioners with the approval of the Board of County Commissioners.
Md. Code, Insurance § 15-1010 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1010
§15–1010.
Status: in_force

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

(2) “Adverse benefit determination” means:

(i) a denial, reduction, or termination of a disability benefit;

(ii) a failure to provide or make payment, in whole or in part, for a disability benefit; or

(iii) any denial, reduction, termination, or failure to provide or make payment that is based on a determination of an individual’s eligibility for coverage of a disability benefit.

(3) (i) “Disability benefit” means a benefit that is payable based on the disability of a covered individual.

(ii) “Disability benefit” does not include:

1. long–term care insurance;

2. a benefit that is payable based solely on a dismemberment of a covered individual;

3. benefits in a life insurance policy that operate to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of total and permanent disability; or

4. benefits in a health insurance policy that operate to safeguard the contract from lapse due to disability.

(b) (1) The Commissioner shall adopt regulations that establish standards governing the processing of claims by an insurer that:

(i) issues or delivers individual policies in the State that include a disability benefit; or

(ii) issues or delivers group policies in the State that include a disability benefit.

(2) The regulations adopted under this subsection shall establish and maintain reasonable claims procedures governing the filing of disability benefit claims, including:

(i) notification of an adverse benefit determination; and

(ii) an appeal by an insured or the insured’s authorized representative of an insurer’s adverse benefit determination.

(3) The claims procedures established for both individual and group policies under this subsection shall be consistent with the provisions of the Department of Labor’s regulation entitled “Employee Retirement Income Security Act of 1974, Rules and Regulations for Administration and Enforcement; Claims Procedure; Final Rule” (29 C.F.R. 2560).
Md. Code, Insurance § 15-838.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-838.1
§15–838.
Status: in_force

§15–838.1.

(a) In this section, “hearing aid” means a device that:

(1) is of a design and circuitry to optimize audibility and listening skills in the environment commonly experienced by adults; and

(2) is nondisposable.

(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 coverage for all medically appropriate and necessary hearing aids for an adult who is covered under a policy or contract if the hearing aids are:

(1) prescribed, fitted, and dispensed by a licensed audiologist; or

(2) ordered, fitted, and dispensed by a licensed hearing aid dispenser.

(d) (1) An entity subject to this section may limit the benefit payable under subsection (c) of this section to $1,400 per hearing aid for each hearing–impaired ear every 36 months.

(2) An insured or enrollee may choose a hearing aid that is priced higher than the benefit payable under this subsection and may pay the difference between the price of the hearing aid and the benefit payable under this subsection, without financial or contractual penalty to the provider of the hearing aid.

(e) This section does not prohibit an entity subject to this section from providing coverage that is greater or more favorable to an insured or enrollee than the coverage required under this section.
Md. Code, Insurance § 15-131 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-131
§15–131.
Status: in_force

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide, directly or through a pharmacy benefit manager, coverage for prescription drugs under health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide, directly or through a pharmacy benefit manager, coverage for prescription drugs under contracts that are issued or delivered in the State.

(b) If an entity subject to this section requires a pharmacy to submit a request for payment electronically, then the pharmacy or designated agent may choose to be reimbursed electronically, and in that event the entity shall reimburse the pharmacy electronically, and shall provide the appropriate payment data electronically.

(c) An entity subject to this section may not impose a processing fee for the electronic reimbursement or for providing payment data electronically.
Md. Code, Commercial Law § 15-501 — MD Code / Article gcl / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

(a) It is unlawful for a creditor who is a citizen of the State to assign or transfer a claim against a resident of the State:

(1) For the purpose of having the claim collected by attachment in a court outside the State; or

(2) With the intent to deprive the debtor of his rights under the laws of the State which exempt his wages or property from execution.

(b) The provisions of this section do not apply if the creditor, the debtor, or the person owing the money to be attached is not within the jurisdiction of the courts of this State.
Md. Code, Alcoholic Beverages and Cannabis § 15-901 — MD Code / Article gab / Title 15 / Subtitle 9 / Section 15-901
§15–901.
Status: in_force

(a) There is:

(1) a 6–day Class A beer, wine, and liquor license; and

(2) a 7–day Class A beer, wine, and liquor license.

(b) (1) Each license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) The 6–day or 7–day license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is:

(1) $1,250 for a 6–day license; and

(2) $1,600 for a 7–day license.
Md. Code, Business Occupations and Professions § 15-208 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) In addition to any powers set forth elsewhere, the Board may adopt:

(1) any bylaw for the conduct of the proceedings of the Board; and

(2) any regulation to carry out this title.

(b) In addition to any duties set forth elsewhere, the Board shall:

(1) adopt a seal;

(2) determine a type of marker, monument, stake, or other landmark that a licensee shall use in practicing land surveying and practicing property line surveying;

(3) keep a record of its proceedings; and

(4) by regulation, formalize minimum standards of practice for licensees.
Md. Code, Health - General § 15-902 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-902
§15–902.
Status: in_force

In according independent home care providers and their representatives rights under this subtitle, it is the intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the independent home care providers and their representatives are authorized under this title.
Md. Code, Insurance § 15-10D-04 — MD Code / Article gin / Title 15 / Subtitle 10D / Section 15-10D-04
§15–10D–04.
Status: in_force

The Commissioner may adopt any necessary regulations to carry out the provisions of this subtitle.
Md. Code, Environment § 15-204 — MD Code / Article gen / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) (1) There is a Land Reclamation Committee. It consists of the following 13 members:

(i) Two members of the Department, including a chairman of the Committee appointed by the Secretary;

(ii) A representative of the soil conservation district of Allegany County;

(iii) A representative of the soil conservation district of Garrett County;

(iv) Two members appointed by the Governor with the advice and consent of the Senate for 3-year terms to represent the mining industry;

(v) One member who is a representative of Allegany County to be appointed by the Governor, on the recommendation of the Allegany County Commissioners, with the advice and consent of the Senate to represent the local government for a 3-year term;

(vi) One member who is a representative of Garrett County to be appointed by the Governor, on the recommendation of the Garrett County Commissioners, with the advice and consent of the House of Delegates to represent local government for a 3-year term;

(vii) Two members from the community who do not have any interests in any mining operation, one to be a resident of Garrett County and one to be a resident of Allegany County, appointed by the Secretary for 3-year terms; and

(viii) Three members of the Department of Natural Resources appointed by the Secretary of Natural Resources.

(2) Committee members representing the community or local government shall receive the per diem set by the Secretary for each day they meet with the Committee or are called on by the chairman to transact other business of the Committee. Funds for the per diem allowances shall be provided for in the budget of the Department.

(3) The Committee shall meet at the chairman’s request and at least twice a year. A quorum consists of at least 9 members. No action may be approved by the Committee unless a quorum is present and a majority of those present approves the action.

(4) Members of the Land Reclamation Committee shall file a United States Department of the Interior State Employee Statement of Employment and Financial Interests.

(5) Committee members shall recuse themselves from proceedings that may affect their direct or indirect financial interests.

(b) The Committee may:

(1) Study and recommend surface coal mine reclamation policies, practices, and standards;

(2) From time to time, review the surface coal mining laws, regulations, and policies for the purpose of recommending changes to improve the efficiency and effectiveness of the program;

(3) Review proposed changes to the surface coal mining laws and regulations to provide comments to the General Assembly and the Department;

(4) Review the Department’s administration of the surface coal mining regulatory program and the abandoned coal mine reclamation program to determine compliance with the purpose of the subtitles;

(5) Enter on any surface coal mining operation to determine mining and reclamation conditions; and

(6) Recommend research, demonstration, and cost-sharing projects to promote optimum revegetation of surface coal mined lands.
Md. Code, Estates and Trusts § 15-109 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: reserved

The receipt and release of a foreign fiduciary to whom property is transferred, pursuant to a court order under the Maryland Rules, is a good and sufficient release to the fiduciary transferring the property.
Md. Code, Alcoholic Beverages and Cannabis § 15-501 — MD Code / Article gab / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 15-1202 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1202
§15–1202.
Status: in_force

(a) This subtitle applies only to a health benefit plan that:

(1) covers eligible employees of small employers in the State; and

(2) is issued or renewed on or after July 1, 1994, if:

(i) any part of the premium or benefits is paid by or on behalf of the small employer;

(ii) any eligible employee or dependent is reimbursed, through wage adjustments or otherwise, by or on behalf of the small employer for any part of the premium;

(iii) the health benefit plan is treated by the employer or any eligible employee or dependent as part of a plan or program under the United States Internal Revenue Code, 26 U.S.C. § 106, § 125, or § 162; or

(iv) the small employer allows eligible employees to pay for the health benefit plan through payroll deductions.

(b) This subtitle applies to any health benefit plan offered by an association, a professional employer organization, or any other entity, including a plan issued under the laws of another state, if the health benefit plan covers eligible employees of one or more small employers and meets the requirements of subsection (a) of this section.
Md. Code, Insurance § 15-845 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-845
§15–845.
Status: in_force

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide coverage for prescription eye drops under health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide coverage for prescription eye drops under contracts that are issued or delivered in the State.

(b) An entity subject to this section shall provide coverage for a refill of prescription eye drops:

(1) in accordance with guidance for early refills of topical ophthalmic products provided to Medicare Part D plan sponsors by the Centers for Medicare and Medicaid Services; and

(2) if:

(i) the prescribing health care practitioner indicates on the original prescription that additional quantities of the prescription eye drops are needed;

(ii) the refill requested by the insured does not exceed the number of additional quantities indicated on the original prescription by the prescribing health care practitioner; and

(iii) the prescription eye drops prescribed by the health care practitioner are a covered benefit under the policy or contract of the insured.
Md. Code, Transportation § 15-701 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

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

(b) (1) “Drivers’ school” means, except as provided in paragraph (2) of this subsection, any person in the business of giving instruction in the driving of motor vehicles.

(2) “Drivers’ school” does not include:

(i) Any public school or other noncollegiate educational institution giving instruction in the driving of motor vehicles during its normal school hours and not charging a fee for this instruction; or

(ii) Any college, university, or other institution of postsecondary education approved by the Maryland Higher Education Commission.

(c) “License” means a drivers’ school license issued by the Administration under this subtitle.
Md. Code, Insurance § 15-825 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-825
§15–825.
Status: in_force

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide inpatient 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 inpatient 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 the expenses incurred in conducting a medically recognized diagnostic examination which shall include a digital rectal exam and a blood test called the prostate–specific antigen (PSA) test:

(1) for men who are between 40 and 75 years of age;

(2) when used for the purpose of guiding patient management in monitoring the response to prostate cancer treatment;

(3) when used for staging in determining the need for a bone scan in patients with prostate cancer; or

(4) when used for male patients who are at high risk for prostate cancer.

(c) Subject to federal guidance on the preventive care safe harbor for the absence of a preventive care deductible provided for under 26 U.S.C. § 223(c)(2)(C), an entity subject to this section may not apply a deductible, a copayment, or coinsurance to coverage for preventive care screening services for prostate cancer, which shall include a digital rectal exam and a blood test called the prostate–specific antigen (PSA) test in accordance with subsection (b) of this section.
Md. Code, Commercial Law § 15-101 — MD Code / Article gcl / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

(a) (1) For purposes of this section the following words, as used in federal bankruptcy laws, have the meanings indicated.

(2) “The case” means the assignment for the benefit of creditors proceeding or the receivership proceeding, whichever is applicable;

(3) “Commencement of the case” means commencement of the assignment for the benefit of creditors proceeding or receivership proceeding;

(4) “The court” means the court in which the assignment for the benefit of creditors proceeding or receivership proceeding is filed;

(5) “Date of the filing of the petition” means the date of the commencement of the assignment for the benefit of creditors proceeding or receivership proceeding;

(6) “Debtor” means the insolvent as that term is defined in subsection (b) of this section;

(7) (i) “The estate” means the estate that is created when an assignee for the benefit of creditors or a receiver of the assets of an insolvent is appointed;

(ii) “The estate” includes all property, assets, interests, and rights with respect to which the assignee or receiver is acting as a fiduciary;

(8) “Order for relief” means the order appointing the assignee for the benefit of creditors or the receiver of the assets of an insolvent;

(9) “Petition” means the pleading filed to commence the assignment for the benefit of creditors proceeding or receivership proceeding;

(10) “Trustee” means the assignee for the benefit of creditors or receiver of the assets of an insolvent; and

(11) Other words, including “insolvent” and “insider”, when used in federal bankruptcy law shall have the meanings set forth in the definition section of the federal bankruptcy law or as interpreted by the federal courts applying federal bankruptcy law.

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

(2) “Insolvent” means the assignor in an assignment for the benefit of creditors proceeding or the insolvent with respect to whose affairs a receiver has been appointed.

(3) “Judicial lien” means a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.

(c) Any assignee for the benefit of creditors or receiver of the assets of an insolvent shall be vested with full title to all the property and assets of the insolvent and with full power to enforce obligations or liabilities in favor of the insolvent.

(d) All preferences, payments, transfers, and obligations made or suffered by the insolvent which are fraudulent, void, or voidable under any act of the Congress of the United States relating to bankruptcy are fraudulent, void, or voidable, respectively, under this subtitle to the same extent that they would be fraudulent, void, or voidable under applicable federal bankruptcy law.

(e) Any assignee for the benefit of creditors or receiver of the assets of an insolvent may set aside any:

(1) Fraudulent conveyance as defined in Subtitle 2 of this title; and

(2) Preference, payment, transfer, or obligation that is fraudulent, void, or voidable under subsection (d) of this section.

(f) Any assignee for the benefit of creditors or receiver of the assets of an insolvent has, as of the date of the commencement of the proceeding, the rights:

(1) Of a creditor that extends credit to the insolvent at the time of the commencement of the proceeding and that obtains, at such time and with respect to such credit, a judicial lien on all property on which a creditor on a simple contract could have obtained such a judicial lien, whether or not such a creditor exists;

(2) Of a creditor that extends credit to the insolvent at the time of the commencement of the proceeding and obtains, at such time and with respect to such credit, an execution against the insolvent that is returned unsatisfied at such time, whether or not such a creditor exists;

(3) Of a bona fide purchaser of real property, other than fixtures, from the insolvent, against whom applicable law permits such transfer to be perfected, that obtains the status of a bona fide purchaser and has perfected such transfer at the time of the commencement of the proceeding, whether or not such a purchaser exists; and

(4) To avoid any preference, payment, transfer, or obligation that is fraudulent, void, or voidable under subsection (d) of this section.
Md. Code, Estates and Trusts § 15-510 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-510
§15–510.
Status: in_force

(a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust’s general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

(b) (1) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust’s general accounting records.

(2) If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust’s general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

(c) Activities for which a trustee may maintain separate accounting records include:

(1) Retail, manufacturing, service, and other traditional business activities;

(2) Farming;

(3) Raising and selling livestock and other animals;

(4) Management of rental properties;

(5) Extraction of minerals and other natural resources;

(6) Timber operations; and

(7) Activities to which § 15-521 of this subtitle applies.
Md. Code, Transportation § 15-1014 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1014
§15–1014.
Status: in_force

(a) Notwithstanding any administrative or criminal sanctions imposed by this subtitle, if a person suffers financial injury or other damage as a result of a violation of this subtitle by any other person, whether or not that other person has been found guilty of a criminal violation, the injured person may recover damages and reasonable attorney’s fees in any court of competent jurisdiction.

(b) (1) Before bringing a civil action under this section, the party bringing the action shall serve a written demand for mediation on the offending party.

(2) The parties to mediation shall pay their own costs for attorney’s fees and divide the mediator cost equally.

(3) This subsection does not apply to an action for injunctive relief.

(c) A dealer, manufacturer, distributor, factory branch, or warrantor may apply for a grant of injunctive relief from a violation of this subtitle or a refusal to comply with a requirement of this subtitle.
Md. Code, Transportation § 15-1002 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1002
§15–1002.
Status: in_force

(a) A manufacturer may not transfer any new recreational vehicle to any dealer or distributor in the State unless the manufacturer is licensed by the Administration under this subtitle.

(b) A distributor may not transfer any new recreational vehicle to any dealer in the State unless the distributor is licensed by the Administration under this subtitle.

(c) A person may not conduct the business of a factory branch of a recreational vehicle manufacturer unless the person is licensed by the Administration under this subtitle.
Md. Code, Criminal Procedure § 15-424 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-424
§15–424.
Status: in_force

(a) This section applies only in Worcester County.

(b) (1) Subject to paragraph (2) of this subsection, the State’s Attorney’s salary is 90% of the salary of a judge of the District Court of Maryland.

(2) By enacting an ordinance before the election filing deadline for the next term of office for the State’s Attorney, the county commissioners may set the salary at an amount exceeding 90% of the salary of a judge of the District Court of Maryland.

(3) (i) All other salaries, compensation, employee benefits, and expenses of the Office of the State’s Attorney are subject to the annual budget process and approval of the county commissioners in accordance with the budget and fiscal policies and purchasing laws of the county.

(ii) Processing the payroll of the Office of the State’s Attorney as part of the payroll of the county does not make employees of the Office of the State’s Attorney the employees of the county.

(c) (1) The State’s Attorney may appoint the number of full–time or part–time deputy State’s Attorneys and assistant State’s Attorneys that the county commissioners approve.

(2) The deputy and assistant State’s Attorneys appointed under paragraph (1) of this subsection shall:

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

(ii) have the same legal powers as the State’s Attorney to present cases to the grand jury, represent the State in criminal proceedings, and perform necessary duties in relation to the grand jury and operation of the office that the State’s Attorney requires.

(d) If authorized by an ordinance enacted by the county commissioners, the State’s Attorney may appoint special investigators who:

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

(2) shall perform work as directed by and under the supervision of the State’s Attorney.

(e) The State’s Attorney shall serve full time and may not engage in the private practice of law.

(f) On approval of the county commissioners, the State’s Attorney may hire the clerical, secretarial, and office employees that the State’s Attorney determines are needed.

(g) All employees of the Office of the State’s Attorney, including deputy State’s Attorneys, assistant State’s Attorneys, investigators, clerical workers, secretaries, and office employees:

(1) are employees of the Office of the State’s Attorney and not of the county commissioners;

(2) shall receive the same insurance, retirement, and leave benefits as county employees; and

(3) are under the control of the State’s Attorney, subject to this section and the personnel rules and regulations that the county commissioners adopt by resolution for county employees.

(h) The State’s Attorney shall perform the appointment, disciplinary, termination, and managerial functions for all employees of the Office of the State’s Attorney who are covered by the personnel rules and regulations that the county commissioners adopt.

(i) The State’s Attorney may adopt office practices, manuals, rules of conduct, and other procedures to serve as conditions of employment for employees of the Office of the State’s Attorney.

(j) (1) Except for members of the State Bar who serve as deputy or assistant State’s Attorneys, employees of the Office of the State’s Attorney may be disciplined or terminated for cause only in accordance with this section and the personnel rules and regulations that the county commissioners adopt.

(2) When a new State’s Attorney takes office or at the beginning of a new term of a State’s Attorney, all clerical, secretarial, office, and other employees except for deputy and assistant State’s Attorneys shall remain in their positions and shall be considered rehired.

(k) On request of the State’s Attorney, the county commissioners may provide in–kind support to the State’s Attorney for personnel matters.
Md. Code, Environment § 15-526 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-526
§15–526.
Status: in_force

For the purpose of any hearing required by this subtitle, the Department is authorized to administer oaths, subpoena witnesses, or written or printed materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the operator in the general vicinity. A verbatim record of each hearing required by this subtitle shall be made unless waived by all parties, and a transcript made available on the motion of any party or by order of the Department.
Md. Code, Business Occupations and Professions § 15-410 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-410
§15–410.
Status: in_force

(a) (1) For the limited purpose set forth in paragraph (2) of this subsection, a permit shall remain in effect and does not expire by operation of law while the permit holder is under investigation by the Board or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.

(2) An extension of a permit term under this subsection is effective only for the purpose of retaining the jurisdiction of the Board over the permit holder during the course of disciplinary proceedings and does not prevent the permit from expiring for any other purpose.

(b) Unless the Board agrees to accept the surrender, a permit holder may not surrender a permit while the holder is under investigation or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.
Md. Code, Environment § 15-506 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-506
§15–506.
Status: in_force

(a) The Department shall establish a process to determine which, if any, land areas are unsuitable for all or certain types of surface coal mining operations. A surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:

(1) Be incompatible with existing State or local land use plans or programs;

(2) Affect fragile or historic lands in which such operations could result in significant damage of important historic, cultural, scientific, and esthetic values and natural systems;

(3) Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long–range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas; or

(4) Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

(b) The Department shall designate an area as unsuitable for all or certain types of coal surface mining operations if the Department determines that reclamation as required by this subtitle is not technologically and economically feasible.

(c) Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated unsuitable for surface coal mining operations or to have such a designation terminated. A petition shall describe the petitioner’s interest and contain allegations of fact and other supporting data. Within 10 months after receipt of the petition the Department shall hold a public hearing in the county in which the area is located, after publication of the time and place of such a hearing. Prior to the hearing any person may intervene by filing allegations of facts with supporting evidence. Within 60 days after such hearing, the Department shall issue a written decision regarding the petition, and the reasons therefor.

(d) Prior to designating any land areas as unsuitable for surface coal mining operations, the Department shall prepare a detailed statement on (1) the potential coal resources of the area, (2) the demand for coal resources, and (3) the impact of such designation on the environment, the economy, and the supply of coal.

(e) The Department shall condition all permits in order to protect lands identified or under study pursuant to this section. Once an area has been designated unsuitable for certain types of surface coal mining, the Department may not issue a permit to conduct such operations on that area. The Department shall determine the point in time at which the filing of a petition under this section shall act to stay issuance of a permit applied for under § 15–505 of this subtitle.
Md. Code, Insurance § 15-840 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-840
§15–840.
Status: in_force

(a) In this section, “residential crisis services” means intensive mental health and support services that are:

(1) provided to a child or an adult with a mental illness who is experiencing or is at risk of a psychiatric crisis that would impair the individual’s ability to function in the community;

(2) designed to prevent a psychiatric inpatient admission, provide an alternative to psychiatric inpatient admission, or shorten the length of inpatient stay;

(3) provided out of the individual’s residence on a short–term basis in a community–based residential setting; and

(4) provided by entities that are licensed by the Maryland Department of Health to provide residential crisis services.

(b) This section applies to:

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

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

(c) (1) An entity subject to this section shall provide coverage for medically necessary residential crisis services.

(2) The services required under this section may be delivered under a managed care system.
Md. Code, Health Occupations § 15-102 — MD Code / Article gho / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) A physician assistant may not practice within the scope of practice of any of the following health occupations authorized under this article:

(1) Nursing;

(2) Optometry;

(3) Physical therapy; or

(4) Psychology.

(b) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
Md. Code, Environment § 15-504 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-504
§15–504.
Status: in_force

(a) (1) (i) A person may not conduct open–pit mining as an operator within the State without a currently valid license from the Department.

(ii) Each application for a license as an open–pit mining operator shall be made in writing to the Department, on a form the Department furnishes and accompanied by a $200 fee. The application shall contain information concerning the applicant as required by the Department. In the case of an application submitted by a corporation, partnership, or association, the application shall contain information concerning officers, directors, and principal owners, as the Department requires.

(2) (i) Every person licensed as an open–pit mining operator shall renew the person’s license annually and pay a $10 renewal fee.

(ii) The application for renewal of a license as an open–pit mining operator shall be made on or before January 1 of the next succeeding year.

(iii) The county fiscal authority shall notify the Department in writing by no later than December 15 of those open–pit mining operators who have not paid all of their county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November, as provided under §§ 20–301 through 20–303 and 20–308 of the Local Government Article and § 15–509 of this subtitle. The county fiscal authority shall send this notice of nonpayment to the affected operator at the same time that the county fiscal authority notifies the Department. In the absence of this notification, the Department shall presume that all coal severance taxes and surcharges, including any interest and penalties for late payment, have been paid. The Department may not renew a person’s open–pit mining operator’s license unless all of that person’s county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November have been paid.

(iv) If an open–pit mining operator provides the Department with written notification from the county fiscal authority which states that the open–pit mining operator has not paid all of the operator’s county coal severance taxes and surcharges, including any interest and penalties for late payment, as provided in paragraph (2)(iii) of this subsection, but the county and the operator have agreed on a payment schedule, the Department may issue a license to the operator on the condition that the operator comply with the payment schedule.

(b) The Director of the Bureau shall investigate every application for a license or renewal. The Director may not issue any new open–pit mining operator’s license or renew any existing license to any person or operator if the Director finds the applicant for licensure or renewal has failed to correct a violation of the rules and regulations established under this subtitle, or to comply with any of the provisions of this subtitle. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously failed and continues to fail to comply with any of the provisions of this subtitle, or if any officer, director, or principal owner is or has been an officer, director, or principal owner of any other corporation, limited liability company, partnership, or association, which has previously failed and continues to fail to comply with any of the provisions of this subtitle. The Director may not issue or renew any license to any person or operator who has forfeited any bond posted in connection with strip–mining activity in any state. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously forfeited any bond posted in connection with strip–mining activity in any state.

(c) (1) Any license held under this section may be suspended by the Department if: (i) due to persistent or repeated failure to comply with the requirements under this subtitle, permit revocation procedures under § 15–508(c) of this subtitle have been brought for any operation owned or controlled by the licensee; and (ii) continued operation by the licensee at any other location is determined by the Department to be a contributing factor in the failure to comply. For purposes of this paragraph, continued operation by the licensee at any other location shall include operation by the licensee directly, or operation by any corporation, limited liability company, partnership, or association of which the licensee is an officer, director, or principal owner, and which involves use of equipment or resources employed on the permit area in violation under this paragraph.

(2) The Department also may suspend the license of any corporation, limited liability company, partnership, or association that is found to be a contributing factor in the persistent or repeated failure to comply with the requirements under this subtitle, which failure caused the Department to bring permit revocation procedures under § 15–508(c) of this subtitle.

(3) (i) The Department shall provide a licensee with notice and an opportunity for a hearing before it may suspend a license under this subsection.

(ii) Unless stayed by the Department or by a reviewing court, any decision by the Department to suspend a license shall be effective immediately.

(d) A licensed operator shall notify the Department, on a form the Department furnishes, within 30 days of the date of any changes in officers, directors, principal owners, or resident agents. The Department shall investigate each new officer, director, principal owner, or resident agent in accordance with subsection (b) of this section. If the Department finds that any officer, director, principal owner, or resident agent is or has been an officer, director, principal owner, or resident agent of any other corporation, limited liability company, partnership, or association that has failed or continues to fail to comply with any provision of this subtitle, or has forfeited any bond posted in connection with strip–mining activity in any state, the Department shall notify the operator and require corrective action to be taken within 30 days. If the operator does not submit proof that corrective action has been taken, the Department shall suspend the operator’s license. If corrective action is not taken prior to the expiration date of the license, the Department may not renew the operator’s license.
Md. Code, Insurance § 15-711 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-711
§15–711.
Status: in_force

(a) This section applies to each individual or group health insurance policy or contract that is:

(1) delivered or issued for delivery in the State by an insurer or nonprofit health service plan; and

(2) issued, renewed, amended, or reissued on or after October 1, 1993.

(b) An insurer or nonprofit health service plan may not impose a time limit on the receipt of services covered under a policy or contract subject to this section that are provided during the policy or contract period by a physical therapist licensed under the Health Occupations Article.

(c) This section does not prohibit an insurer or nonprofit health service plan from imposing a limit on the number of visits with a licensed physical therapist that are allowed under a policy or contract.
Md. Code, Transportation § 15-206 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

A license issued under this subtitle authorizes the licensee to conduct the business of a manufacturer, distributor, or factory branch, as the case may be, during the license year for which it is issued.
Md. Code, Insurance § 15-847.2 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-847.2
§15–847.
Status: in_force

§15–847.2.

(a) In this section, “specialty drug” has the meaning stated in § 15–847 of this subtitle.

(b) (1) This section applies to:

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

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

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

(c) An entity subject to this section may not exclude coverage for a covered specialty drug administered or dispensed by a provider under § 12–102 of the Health Occupations Article if the entity determines that:

(1) the provider that administers or dispenses the covered specialty drug:

(i) is an in–network provider of covered oncology services; and

(ii) complies with State regulations for the administering and dispensing of specialty drugs; and

(2) the covered specialty drug is:

(i) auto–injected or an oral targeted immune modulator; or

(ii) an oral medication that:

1. requires complex dosing based on clinical presentation; or

2. is used concomitantly with other infusion or radiation therapies.

(d) (1) Subject to subsection (f) of this section, the reimbursement rate for specialty drugs covered under this section shall be:

(i) agreed to by the covered, in–network provider and the entity subject to this section; and

(ii) billed at a nonhospital level of care or place of service.

(2) Unless otherwise agreed to by the covered, in–network provider and the entity subject to this section, the reimbursement rate for specialty drugs covered under this section may not exceed the rate applicable to a designated specialty pharmacy for dispensing the covered specialty drugs.

(e) This section does not prohibit an entity subject to this section from refusing to authorize or approve or from denying coverage for a covered specialty drug administered or dispensed by a provider if administering or dispensing the drug fails to satisfy medical necessity criteria.

(f) This section may not be construed to supersede the authority of the Health Services Cost Review Commission to set rates for specialty drugs administered to patients in a setting regulated by the Health Services Cost Review Commission.
Md. Code, Insurance § 15-919 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-919
§15–919.
Status: in_force

(a) (1) Under any circumstance stated in this section, a carrier or insurance producer of a carrier shall give to a prospective buyer eligible for Medicare by reason of age a written statement as required, for each circumstance, by this section.

(2) The written statement shall be given before the carrier or insurance producer accepts an application.

(b) If the proposed policy excludes or limits benefits for preexisting conditions, a statement shall be given that describes in plain language the limitations or exclusions.

(c) If the proposed policy provides coverage for care in a Medicare–approved skilled nursing facility, but the policy does not provide coverage for care in other nursing home facilities or for custodial or rest home care, a statement shall be given that describes clearly those expenses that the policy does not cover.

(d) (1) If the proposed policy does not comply with the requirements of §§ 15–904, 15–906, 15–907, and 15–908 of this subtitle for a Medicare supplement policy, a statement printed in 12–point type shall be given that:

“This policy (or certificate) is not a Medicare supplement policy (or certificate). It is not designed to fill the ‘gaps’ of Medicare. If you are eligible for Medicare, review the Medicare supplement buyer’s guide available from the company”.

(2) The statement required by paragraph (1) of this subsection shall be printed on or attached to the first page of:

(i) the policy form or certificate; or

(ii) an outline of coverage delivered to the individual covered under the policy or certificate.

(3) A carrier or insurance producer of a carrier need not provide the statement required under paragraph (1) of this subsection for:

(i) a policy or certificate that is issued in accordance with a contract under § 1876 of the federal Social Security Act, 42 U.S.C. § 1395mm;

(ii) a disability income policy; or

(iii) a policy or contract of one or more employers or labor organizations or the trustees of a fund established by one or more employers or labor organizations or a combination of employers or labor organizations, for employees, former employees, a combination of employees or former employees, members, former members, or a combination of members or former members of the labor organization.

(4) Notwithstanding paragraph (1) of this subsection, the Commissioner shall adopt regulations necessary to conform this subsection to the requirements of applicable federal law.

(e) If the proposed policy provides accident–only benefits, a statement printed in 12–point type shall be given that contains the language in subsection (d) of this section and the following:

“This is an accident only policy. It does not pay benefits for loss due to sickness”.
Md. Code, Alcoholic Beverages and Cannabis § 15-2201 — MD Code / Article gab / Title 15 / Subtitle 22 / Section 15-2201
§15–2201.
Status: in_force

Title 4, Subtitle 7 (“Expiration of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Estates and Trusts § 15-104 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: reserved

(a) (1) Notwithstanding any other provision of law, a fiduciary holding securities in a fiduciary capacity, a bank or trust company holding securities as a custodian or agent, and a bank or trust company holding securities as custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a securities clearing corporation, regardless of whether the depositor owns capital stock of the clearing corporation.

(2) When securities are deposited in accordance with paragraph (1) of this subsection, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other securities deposited in the clearing corporation by a person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination.

(3) The records of the fiduciary and the records of the bank or trust company acting as custodian, as agent or as custodian for a fiduciary shall show at all times the name of the party for whose account the securities are deposited.

(4) Title to the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities.

(b) (1) A bank or trust company depositing securities pursuant to this section is subject to the rules and regulations as, in the case of State chartered institutions, the Commissioner of Financial Regulation and, in the case of national banking associations, the Comptroller of the Currency may issue from time to time.

(2) A bank or trust company acting as custodian for a fiduciary, on demand by the fiduciary, shall certify in writing to the fiduciary the securities deposited in accordance with this section by the bank or trust company in the clearing corporation for the account of the fiduciary.

(c) A fiduciary, on demand by any party to a judicial proceeding for the settlement of the account of the fiduciary or on demand by the attorney for the party, shall certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as fiduciary.

(d) This section applies whether the trust be created or the appointment made prior or subsequent to July 1, 1973.
Md. Code, Estates and Trusts § 15-112 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

(a) (1) A court shall remove a fiduciary who has:

(i) Willfully misrepresented material facts leading to the appointment of the fiduciary or to other action by the court in reference to the fiduciary estate;

(ii) Willfully disregarded an order of court;

(iii) Shown to be incapable, with or without fault to properly perform the duties of the office of fiduciary; or

(iv) Breached the fiduciary duty of good faith or loyalty in the management of property of the fiduciary estate.

(2) A court may remove a fiduciary who has:

(i) Negligently failed to file a bond within the time required by rule or order of court;

(ii) Negligently failed to obey an order of court; or

(iii) Failed to perform any fiduciary duty, or to competently administer the fiduciary estate.

(b) Procedures for the removal of a fiduciary shall be conducted by the court in accordance with the provisions of the Maryland Rules applying to a fiduciary.

(c) The provisions of this section may not apply to personal representatives.
Md. Code, Health - General § 15-141.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.3
§15–141.
Status: in_force

§15–141.3.

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

(2) “Certified violence prevention professional” means a prevention professional who meets the requirements of subsection (c) of this section.

(3) “Community violence” means intentional acts of interpersonal violence committed in public areas by individuals who are not family members or intimate partners of the victim.

(4) (i) “Community violence prevention services” means evidence–based, trauma–informed, supportive, and nonpsychotherapeutic services provided by a certified violence prevention professional, within or outside a clinical setting, for the purpose of promoting improved health outcomes and positive behavioral change, preventing injury recidivism, and reducing the likelihood that an individual who is the victim of community violence will commit or promote violence.

(ii) “Community violence prevention services” includes peer support and counseling, mentorship, conflict mediation, crisis intervention, targeted case management referrals to certified or licensed health care professionals or social services providers, patient education, and screening services to victims of violence.

(5) “Interpersonal violence” means the intentional use of physical force or power against another individual by an individual or a small group of individuals.

(6) “Prevention professional” has the meaning provided by the National Uniform Claim Committee, or its successor, under Code Number 405300000X.

(b) The Program shall provide community violence prevention services to Program recipients who have:

(1) (i) Been exposed to community violence; or

(ii) A personal history of injury sustained as a result of an act of community violence; and

(2) Been referred by a certified or licensed health care provider or social services provider to a certified violence prevention professional to receive community violence prevention services after the provider makes a determination that the Program recipient is at an elevated risk of violent injury or retaliation resulting from another act of community violence.

(c) A prevention professional seeking certification as a certified violence prevention professional shall:

(1) Complete an accredited training and certification program for certified violence prevention professionals, approved in accordance with subsection (d) of this section; and

(2) Maintain the certification completed under item (1) of this subsection.

(d) On or before January 1, 2023, the Department shall approve at least one accredited training and certification program for certified violence prevention professionals, which shall include:

(1) At least 35 hours of initial training, addressing the following:

(i) The profound effects of trauma and violence and the basics of trauma–informed care;

(ii) Community violence prevention strategies, including conflict mediation and retaliation prevention related to community violence;

(iii) Case management and advocacy practices; and

(iv) Patient privacy and the federal Health Insurance Portability and Accountability Act of 1996; and

(2) At least 6 hours of continuing education every 2 years.

(e) An entity that employs or contracts with a certified violence prevention professional to provide community violence prevention services shall:

(1) Maintain documentation that the certified violence prevention professional has met the requirements of subsection (c) of this section; and

(2) Ensure that the certified violence prevention professional is providing community violence prevention services in compliance with any applicable standard of care, rule, regulation, and State or federal law.

(f) This section may not be construed to alter the scope of practice for any health care professional.
Md. Code, Transportation § 15-212.2 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-212.2
§15–212.
Status: in_force

§15–212.2.

(a) If a manufacturer, distributor, or factory branch terminates, suspends, refuses to renew, or closes a dealer’s franchise or refuses to supply new vehicles to a dealer who holds a franchise, the manufacturer, distributor, or factory branch shall:

(1) Reimburse the dealer for any costs the dealer incurred for facility upgrades or alterations required by the manufacturer, distributor, or factory branch within the previous 2 years;

(2) Pay the dealer at least the dealer cost, plus any charges by the franchisor, distributor, or factory branch, for distribution, delivery, and taxes paid by the dealer, less all allowances paid to the dealer by the franchisor for any new, undamaged motor vehicles purchased within 18 months of the date of the termination, suspension, refusal to renew, closure, or refusal to supply, whether acquired from the franchisor or from another dealer of the same line make in the ordinary course of business;

(3) Pay the dealer at least the dealer acquisition cost of each new, unused, undamaged, and unsold part or accessory if the part or accessory is in the current parts catalog and is:

(i) Still in the original, resalable merchandising package and in unbroken lots; or

(ii) In the case of sheet metal, in the original packaging or a comparable substitute for the original packaging;

(4) Pay the dealer at least the fair market value of each undamaged sign owned by the dealer that bears a trademark, trade name, or commercial symbol used or claimed by the franchisor if the sign was purchased from or at the request of the franchisor;

(5) Pay the dealer at least the fair market value of all special tools and automotive service equipment owned by the dealer that were recommended and designated as special tools or equipment by the franchisor, if the tools and equipment are in useable and good condition except for normal wear and tear; and

(6) Pay the dealer at least the reasonable cost of transporting, handling, packing, and loading motor vehicle parts, signs, tools, and special equipment subject to repurchase under this section.

(b) (1) If a manufacturer of motor homes terminates or cancels a motor home dealer, the manufacturer shall reimburse the dealer, less any allowances, discounts, or rebates paid to the dealer by the manufacturer, for at least:

(i) The total net inventory invoice costs;

(ii) Any charges by the manufacturer for distribution delivery; and

(iii) Any inventory related taxes paid by the dealer.

(2) This subsection only applies to motor homes in inventory that:

(i) Are new and untitled;

(ii) Were acquired from the manufacturer within 18 months before the effective date of the notice of termination or cancellation;

(iii) Have not been used, other than for demonstration purposes; and

(iv) Have not been altered or damaged.
Md. Code, Business Occupations and Professions § 15-608 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-608
§15–608.
Status: in_force

An individual whose license has been suspended or revoked under § 15-317 of this title may not practice land surveying or property line surveying in any manner as:

(1) an associate, agent, employee, or other subordinate of a professional land surveyor or licensed property line surveyor; or

(2) a principal, associate, agent, employee, or other subordinate of a corporation, partnership, or limited liability company that provides land surveying or property line surveying services.
Md. Code, Insurance § 15-841 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-841
§15–841.
Status: in_force

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

(2) “Authorized prescriber” has the meaning stated in § 12-101 of the Health Occupations Article.

(3) (i) “Nicotine replacement therapy” means a product that:

1. is used to deliver nicotine to an individual attempting to cease the use of tobacco products; and

2. is obtained under a prescription written by an authorized prescriber.

(ii) “Nicotine replacement therapy” does not include any over-the-counter product that may be obtained without a prescription.

(4) “Tobacco product” has the meaning stated in § 10-101 of the Criminal Law Article.

(b) (1) This subsection applies to:

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

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

(2) An entity subject to this subsection shall provide coverage for:

(i) except for a drug that may be obtained over-the-counter without a prescription, any drug that:

1. is approved by the United States Food and Drug Administration as an aid for the cessation of the use of tobacco products; and

2. is obtained under a prescription written by an authorized prescriber; and

(ii) two 90-day courses of nicotine replacement therapy during each policy year.

(3) An entity subject to this subsection may not impose a different copayment or coinsurance requirement for a drug or nicotine replacement therapy provided under paragraph (2) of this subsection than is imposed for any other comparable prescription.
Md. Code, Health - General § 15-112 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

After consultation with the State Board of Pharmacy, the Secretary may authorize reimbursement of a physician for the dispensing of drugs to Program recipients, on the same basis as a licensed pharmacist if:

(1) The physician dispenses drugs on a regular basis in the physician’s office; and

(2) There is no pharmacy within 10 miles of that office.
Md. Code, Insurance § 15-226 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-226
§15–226.
Status: in_force

A policy of health insurance may contain the following provision:

“Conformity with state statutes: Any provision of this policy which, on its effective date is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes.”
Md. Code, Criminal Procedure § 15-415 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-415
§15–415.
Status: in_force

(a) This section applies only in Kent County.

(b) (1) The State’s Attorney’s salary is 80% of the salary of a judge of the District Court of Maryland.

(2) (i) The county commissioners shall set the State’s Attorney’s allowance for office expenses.

(ii) The State’s Attorney shall submit expense vouchers to the county commissioners for approval and payment.

(3) (i) The State’s Attorney has a special fund allowance of $4,000 for the costs of investigations.

(ii) At the end of each fiscal year:

1. the State’s Attorney shall account to the county commissioners for expenditures from the fund; and

2. any balance remaining in the fund shall revert to the general fund of the county.

(c) (1) The State’s Attorney may employ one or more deputy State’s Attorneys and assistant State’s Attorneys who shall:

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

(ii) be members in good standing of the local bar.

(2) The county commissioners shall set the salaries of the deputy and assistant State’s Attorneys.

(d) (1) The State’s Attorney may employ a criminal investigator who serves at the pleasure of the State’s Attorney.

(2) The State’s Attorney may employ an administrative coordinator and other administrative and clerical staff that the State’s Attorney considers necessary for the conduct of the office.

(3) The county commissioners shall set the salaries of the criminal investigator, administrative coordinator, and administrative and clerical staff.

(e) (1) The State’s Attorney shall serve full time and may not engage in the private practice of law.

(2) Subject to the approval of the county commissioners, a deputy or assistant State’s Attorney may engage in the private practice of law.
Md. Code, Health - General § 15-156 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-156
§15–156.
Status: in_force

(a) In this section, “personal care aide” means an individual who provides personal assistance services through a residential service agency.

(b) (1) Except as provided in paragraph (2) of this subsection, this section applies only to personal assistance services provided through a residential service agency under Community First Choice, Community Options, Community Personal Assistance Services, and any other home– and community–based services administered by the Department.

(2) This section does not apply to personal care services provided through the Developmental Disabilities Administration.

(c) (1) On or before September 1 each year, beginning in 2025, each residential service agency shall submit to the Maryland Department of Labor a report in the form and manner required by the Maryland Department of Labor.

(2) The annual report required under paragraph (1) of this subsection shall include:

(i) Documentation of the residential service agency’s:

1. Average wage rate for personal care aides; and

2. Highest and lowest wage rates for personal care aides; and

(ii) Any other information that the Maryland Department of Labor determines appropriate.

(3) The annual report required under paragraph (1) of this subsection shall be signed by an authorized representative of the residential service agency.
Md. Code, Insurance § 15-812 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-812
§15–812.
Status: in_force

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

(2) “Attending provider” means an obstetrician, pediatrician, other physician, certified nurse midwife, or pediatric nurse practitioner attending a mother or newborn child.

(3) “High-deductible health plan” means a health benefit plan that meets the federal requirements established by § 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide inpatient hospitalization 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

(2) health maintenance organizations that provide inpatient hospitalization coverage to individuals or groups under contracts that are issued or delivered in the State.

(c) An entity subject to this section shall provide coverage for the cost of inpatient hospitalization services for a mother and newborn child for a minimum of:

(1) 48 hours of inpatient hospitalization care after an uncomplicated vaginal delivery; and

(2) 96 hours of inpatient hospitalization care after an uncomplicated cesarean section.

(d) A mother may request a shorter length of stay than that provided in subsection (c) of this section if the mother decides, in consultation with the mother’s attending provider, that less time is needed for recovery.

(e) (1) For a mother and newborn child who have a shorter hospital stay than that provided under subsection (c) of this section, an entity subject to this section shall provide coverage for:

(i) one home visit scheduled to occur within 24 hours after hospital discharge; and

(ii) an additional home visit if prescribed by the attending provider.

(2) For a mother and newborn child who remain in the hospital for at least the length of time provided under subsection (c) of this section, an entity subject to this section shall provide coverage for a home visit if prescribed by the attending provider.

(3) A home visit under paragraph (1) or (2) of this subsection shall:

(i) be provided in accordance with generally accepted standards of nursing practice for home care of a mother and newborn child;

(ii) be provided by a registered nurse with at least 1 year of experience in maternal and child health nursing or community health nursing with an emphasis on maternal and child health; and

(iii) include any services required by the attending provider.

(f) An entity subject to this section may not deny, limit, or otherwise impair the participation of an attending provider under contract with the entity in providing health care services to enrollees or insureds for:

(1) advocating the interest of a mother and newborn child through the entity’s utilization review or appeals system;

(2) advocating more than 48 hours of inpatient hospital care after a complicated vaginal delivery or more than 96 hours of inpatient hospital care after a complicated cesarean section; or

(3) prescribing a home visit under subsection (e)(1)(ii) or (2) of this section.

(g) (1) Except as provided in paragraph (2) of this subsection, an entity subject to this section may not impose a copayment or coinsurance requirement or deductible for coverage required under subsection (e)(1) or (2) of this section or refuse reimbursement under subsection (e)(1) of this section if the services do not occur within the time specified.

(2) If an insured or enrollee is covered under a high-deductible health plan, an entity subject to this section may require that the coverage required under subsection (e)(1) and (2) of this section be subject to the deductible of the high-deductible health plan.

(h) An entity subject to this section shall provide notice annually to insureds and enrollees about the coverage provided by this section.
Md. Code, Insurance § 15-851 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-851
§15–851.
Status: in_force

(a) (1) This section applies to:

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

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

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

(b) An entity subject to this section may not apply a prior authorization requirement for a prescription drug:

(1) when used for treatment of an opioid use disorder; and

(2) that contains methadone, buprenorphine, or naltrexone.
Md. Code, Transportation § 15-204 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: reserved

(a) Each licensee shall pay an annual fee to the Administration for each license year or part of a license year for which the license is issued.

(b) The annual license fee for a manufacturer or a distributor shall be established by the Administration based on the combined number of new motor vehicles, new two-stage vehicles, and truck component parts transferred by the manufacturer or distributor to dealers in this State during the preceding license year.

(c) The annual license fee for a factory branch shall be established by the Administration.
Md. Code, Environment § 15-807 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-807
§15–807.
Status: in_force

(a) Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license.

(b) (1) An application for a license shall be in writing and on a form prepared and furnished by the Department.

(2) If the application is made by a corporation, partnership, or association, the application shall contain information concerning its officers, directors, and principal owners, as the Department reasonably requires.

(c) (1) The application shall be accompanied by a $400 fee.

(2) (i) A license renewal fee is $150.

(ii) A license shall be renewable annually.

(iii) The application for renewal shall be made annually by January 1.

(d) The Department may not issue any new surface mining license or renew any existing surface mining license to any person if it finds, after investigation, that the applicant has failed and continues to fail to comply with any of the provisions of this subtitle.

(e) A license under this section is not required for the following activities:

(1) Those aspects of deep mining that do not have a significant effect on the surface, if the affected land does not exceed 3 acres in area;

(2) Operations engaged in processing minerals;

(3) Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than surface mining;

(4) Removal of overburden and mining of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit, if no minerals are sold, processed for sale, or consumed in the regular operation of business;

(5) The handling, processing, or storage of slag and stone on the premises of a manufacturer as a part of any manufacturing process that requires stone as a raw material or produces slag as a by-product;

(6) The extraction of minerals by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner;

(7) Mining operations if the affected land does not exceed 1 acre in area;

(8) Dredging from submerged public or private lands in the State if this activity is conducted under a license from the State Board of Public Works or by permit from the Department, as provided for in Title 16 of this article; or

(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities, if the work is performed under a bond, a contract, and the specifications of the Department that require reclamation of the area affected in the manner provided by this subtitle.

(f) (1) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $10,000.

(2) The fine shall be paid to the Surface Mined Land Reclamation Fund.
Md. Code, Insurance § 15-2007 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2007
§15–2007.
Status: in_force

(a) Whenever the Commissioner considers it advisable, the Commissioner may examine the affairs, transactions, accounts, and records of a registered pharmacy services administrative organization.

(b) The examination shall be conducted in accordance with § 2–207 of this article.

(c) The expense of the examination shall be paid in accordance with § 2–208 of this article.

(d) The reports of the examination and investigation shall be issued in accordance with § 2–209 of this article.
Md. Code, Health - General § 15-145 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-145
§15–145.
Status: in_force

(a) In this section, “carrier” means:

(1) A health insurer;

(2) A nonprofit health service plan;

(3) A health maintenance organization;

(4) A dental plan organization; and

(5) Any other person included as a third party in § 1902(a)(25)(A) of the Social Security Act, as amended by the federal Deficit Reduction Act of 2005.

(b) (1) A carrier shall provide, at the request of the Department, information about individuals who are eligible for benefits under the Program or are Program recipients so that the Department may determine whether an individual, the spouse of an individual, or the dependent of an individual is receiving health care coverage from a carrier and the nature of that coverage.

(2) A carrier shall provide the information required under this subsection in a manner prescribed by the Department.

(c) A carrier shall accept the Program’s right of recovery and the assignment to the Program of any right of an individual or other entity to payment from the carrier for an item or service for which payment has been made under the Program if the carrier has a legal obligation to make payment for the item or service.

(d) As a condition of doing business in the State, a carrier shall comply with the requirements set forth in § 42 U.S.C. 1396a(a)(25)(I)(i) through (iv).

(e) A carrier subject to this section may not reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract for a reason based wholly or partly on:

(1) The eligibility of the individual for receiving benefits under the Program; or

(2) The receipt by an individual of benefits under the Program.
Md. Code, Alcoholic Beverages and Cannabis § 15-2802 — MD Code / Article gab / Title 15 / Subtitle 28 / Section 15-2802
§15–2802.
Status: in_force

(a) The Board may impose a fine not exceeding $2,500 or suspend a license or both for a violation that is a cause for suspension of a license.

(b) A penalty imposed under subsection (a) of this section:

(1) is in addition to and does not limit any other penalty for the same violation; and

(2) is independent of any related court action based on the same violation.

(c) Fines collected under this section shall be paid into the general fund of the county.
Md. Code, Insurance § 15-1218 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1218
§15–1218.
Status: in_force

(a) A reinsuring carrier may reinsure with the Pool as provided in this section.

(b) At a minimum, the Pool shall reinsure up to the level of coverage specified under the Standard Plan.

(c) A reinsuring carrier may reinsure an entire employer group within 60 days after commencement of the group’s coverage under a health benefit plan.

(d) (1) A reinsuring carrier may reinsure an eligible employee or dependent within 60 days after commencement of coverage with the small employer.

(2) A reinsuring carrier may reinsure a newly eligible employee or dependent within 60 days after commencement of coverage of the eligible employee or dependent.

(e) (1) The Pool may not reimburse a reinsuring carrier with respect to the claims of an individual until the reinsuring carrier has incurred claims for the individual of $5,000 in a calendar year for benefits covered by the Pool.

(2) After the initial $5,000 of incurred claims, the reinsuring carrier is responsible for 10% of the next $50,000 of incurred claims during the calendar year, and the Pool shall reinsure the remainder.

(3) The liability of a reinsuring carrier under this subsection may not exceed $10,000 in any 1 calendar year with respect to any individual.

(f) (1) The Board annually shall adjust the initial level of claims and the maximum limit to be retained by the reinsuring carrier to reflect increases in costs and utilization within the standard market for health benefit plans in the State.

(2) Unless the Board proposes and the Commissioner approves a lower adjustment factor, the adjustment in paragraph (1) of this subsection may not be less than the annual change in the medical component of the “Consumer Price Index for all Urban Consumers” of the Department of Labor, Bureau of Labor Statistics.

(g) A reinsuring carrier may terminate reinsurance on a plan anniversary for one or more of the individuals in a small employer group.
Md. Code, Insurance § 15-223 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-223
§15–223.
Status: in_force

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

“Insurance with other insurers: If there be other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.”

(b) The phrase “-- Other benefits” shall be added to the caption of the provision set forth in subsection (a) of this section if the provision is included in a policy that contains the policy provision set out in § 15-222 of this subtitle.

(c) (1) A benefit provided for the insured under a compulsory benefit statute, including a workers’ compensation or employer’s liability statute, whether provided by a governmental unit or otherwise, shall be considered “other valid coverage” of which the insurer has had notice.

(2) The insurer may include in the provision set forth in subsection (a) of this section a definition of “other valid coverage” if the definition:

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

(ii) is limited to:

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

2. any other coverage the Commissioner may approve for inclusion.

(3) Unless defined otherwise, “other valid coverage” does not include:

(i) group insurance; or

(ii) coverage provided by union welfare plans or by employer or employee benefit organizations.

(4) “Other valid coverage” may not include third party liability coverage.
Md. Code, Environment § 15-902 — MD Code / Article gen / Title 15 / Subtitle 9 / Section 15-902
§15–902.
Status: in_force

In accordance with Article V (i) of the compact, the Commission shall file copies of its bylaws and any amendments thereto with the Department of the Environment.
Md. Code, Health - General § 15-407 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

The Department and the Commissioner shall jointly:

(1) Adopt regulations necessary to carry out the provisions of this subtitle consistent with § 1917(b) of the Social Security Act and any applicable federal guidelines; and

(2) Beginning January 1, 2009, and on or before January 1 of each year thereafter, report to the General Assembly, in accordance with § 2–1257 of the State Government Article on:

(i) The effectiveness of the Program;

(ii) The impact of the Program on State expenditures for medical assistance;

(iii) The number of enrollees in the Program; and

(iv) The number of long–term care policies offered in the State under the Program.
Md. Code, Environment § 15-1105 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1105
§15–1105.
Status: in_force

(a) The Department is authorized to develop a reclamation plan in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, and to submit such plan to the federal government for approval pursuant to that Act.

(b) Subsequent to federal approval of the reclamation plan, the Department may apply for and accept any and all funds available for reclamation, and shall administer them in accordance with the provisions of this subtitle. Such funds may be used for all costs related to elimination of the adverse effects of past coal mining practices, including but not limited to, planning and engineering costs, costs of plans, specifications, surveys, investigations and feasibility studies, construction and inspection costs, actual operation and maintenance costs of permanent facilities, and all administrative expenses.
Md. Code, Land Use § 15-115 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-115
§15–115.
Status: in_force

(a) (1) The Commission shall prepare an annual financial report.

(2) The annual financial report shall:

(i) include the financial statements of the Commission; and

(ii) be audited by an independent certified public accountant.

(3) The Commission shall make the audited annual financial report available for distribution to the public.

(b) (1) After the audit is completed, the Commission shall publish a summary financial report consisting of a combined statement of revenues and expenditures for all funds:

(i) in at least one newspaper of general circulation published in Montgomery County; and

(ii) 1. in the newspapers officially designated by the Prince George’s County government as newspapers of record; or

2. in the absence of a designation of a newspaper of record, in at least one newspaper of general circulation published in Prince George’s County.

(2) The publication of the summary financial report shall carry appropriate references to the Commission’s audited annual financial report.
Md. Code, Estates and Trusts § 15-529 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-529
§15–529.
Status: in_force

This subtitle shall be so applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this subtitle among those states which enact it.
Md. Code, Land Use § 15-121 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-121
§15–121.
Status: in_force

(a) This section applies only:

(1) to commissioners appointed from Montgomery County; and

(2) from the date of a commissioner’s appointment until the end of the commissioner’s tenure on the Commission.

(b) A commissioner may not:

(1) solicit or accept from any person with business before the Commission a financial contribution for any political candidate, political organization, or ballot question; or

(2) solicit from any person with business before the Commission an endorsement of or opposition to a political candidate.
Md. Code, Insurance § 15-1223 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1223
§15–1223.
Status: in_force

Participation in the Pool as reinsuring carriers, establishment of rates, forms, or procedures, or any other joint or collective action required by §§ 15-1218, 15-1219, and 15-1221 of this subtitle may not be the basis of any legal action, criminal or civil liability, or penalty against the Pool or any of its reinsuring carriers either jointly or separately.
Md. Code, Transportation § 15-113.1 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-113.1
§15–113.
Status: in_force

§15–113.1.

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

(2) (i) “Automotive repair facility” means a facility where malfunctions of a motor vehicle are diagnosed or corrected for compensation.

(ii) “Automotive repair facility” includes a body shop.

(3) “Major component part” means:

(i) An air bag;

(ii) A bumper;

(iii) An engine;

(iv) A front fender;

(v) A front or rear side door;

(vi) A hood;

(vii) A pickup box or cargo box;

(viii) A rear quarter panel;

(ix) A rear door, deck lid, hatchback, or tailgate;

(x) A side assembly;

(xi) A sliding or cargo door; or

(xii) A transmission.

(4) “Used major component part” does not include a:

(i) Remanufactured part that has not been installed on a motor vehicle since remanufacture;

(ii) Core element that is held solely for the purpose of being returned for remanufacture; or

(iii) Part that is unsuitable for reuse in or on a motor vehicle.

(5) “Vehicle storage facility” means a facility where disabled vehicles are stored at any time for compensation.

(b) A person who operates an automotive repair facility shall keep accurate and complete records at the location where motor vehicle repairs are conducted of:

(1) The name and address of the owner of each motor vehicle repaired or stored at the automotive repair facility or each customer who leaves a motor vehicle for repair or storage at the automotive repair facility;

(2) The date a motor vehicle was left at the automotive repair facility;

(3) The year, model, and, when repairs involve a used major component part, the vehicle identification number of the vehicle; and

(4) For a used major component part at the automotive repair facility, proof of ownership or proof of the right of possession, including, if available, the vehicle identification number on the component part.

(c) A person who operates a vehicle storage facility shall keep accurate and complete records at the location where vehicles are stored of:

(1) The name and address of the individual who requested storage of each vehicle;

(2) The date that each vehicle was brought into the vehicle storage facility;

(3) The year, model, and, if available, the vehicle identification number of each vehicle; and

(4) The date and manner of disposition of each vehicle.

(d) (1) Records required under subsection (b) or (c) of this section shall be kept for at least 1 year after the date:

(i) Of the transaction to which the record applies; or

(ii) On which a part or vehicle is at the automotive repair facility or vehicle storage facility.

(2) A person who operates an automotive repair facility or vehicle storage facility may satisfy the record requirement if the required record is a computerized record that is accessible at the automotive repair facility or vehicle storage facility.

(e) (1) During business hours or other hours of operation, an automotive repair facility or vehicle storage facility shall make available for 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:

(i) Records required under this section; and

(ii) Used major component parts and vehicles for which records are required.

(2) If an automotive repair facility or a vehicle storage facility is unable to produce a record required under this section, the automotive repair facility or vehicle storage facility may produce other evidence satisfactory to the Administration or law enforcement officer of proof of ownership or right of possession.

(f) A person who fails to comply with any requirement under 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 § 15-102 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

In this title, the word “insured” may not be construed to prevent a person other than the insured with a proper insurable interest from applying for and owning a policy covering the insured or from being entitled under that policy to any indemnities, benefits, and rights provided in the policy.
Md. Code, Environment § 15-804 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-804
§15–804.
Status: in_force

(a) The Department shall review mineral resources plan elements developed by local planning commissions under § 1–411 or § 3–107 of the Land Use Article to determine whether the proposed plan is consistent with the programs and goals of the Department.

(b) The Department shall make its determination within 60 days after submission by a local planning commission.
Md. Code, Environment § 15-829 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-829
§15–829.
Status: in_force

(a) An operation is considered abandoned if no mineral has been produced or overburden removed for a period of one year, and the permittee has vacated the site of the operation covered by the permit without having complied with all the requirements of the mining and reclamation plan, verified by inspection and written report made by the Department. If the permittee, within 30 days after receiving notification from the Department terming the operation abandoned, does not submit sufficient evidence to the Department that the operation in fact is not abandoned and a reasonable timetable satisfactory to the Department regarding plans for the reactivation of the operation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.

(b) An operation is considered halted if active work has ceased temporarily due to weather conditions, market conditions, or other reasonable cause explained in writing by the permittee to the satisfaction of the Department, and accompanied by a statement that the permittee fully intends to resume active operation when the adverse conditions have passed. All necessary pollution controls shall be properly maintained during this period. No operation may be halted for a period exceeding 24 consecutive months. On failure of the permittee to resume mining or initiate reclamation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.
Md. Code, Economic Development § 15-103 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

This title applies only in Baltimore City.
Md. Code, Insurance § 15-10A-06 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-06
§15–10A–06.
Status: in_force

(a) (1) On a quarterly basis, each carrier shall submit to the Commissioner, on the form the Commissioner requires, a report that describes the following information aggregated by zip code as required by the Commissioner:

(i) the number of members entitled to health care benefits under a policy, plan, or certificate issued or delivered in the State by the carrier;

(ii) the number of clean claims for reimbursement processed by the carrier;

(iii) the activities of the carrier under this subtitle, including:

1. the outcome of each grievance filed with the carrier;

2. the number and outcomes of cases that were considered emergency cases under § 15–10A–02(b)(2)(i) of this subtitle;

3. the time within which the carrier made a grievance decision on each emergency case;

4. the time within which the carrier made a grievance decision on all other cases that were not considered emergency cases;

5. the number of grievances filed with the carrier that resulted from an adverse decision involving length of stay for inpatient hospitalization as related to the medical procedure involved;

6. the number of adverse decisions issued by the carrier under § 15–10A–02(f) of this subtitle, whether the adverse decision involved a prior authorization or step therapy protocol, the type of service at issue in the adverse decisions, and whether an artificial intelligence, algorithm, or other software tool was used in making the adverse decision;

7. the number of adverse decisions overturned after a reconsideration request under § 15–10B–06 of this title; and

8. the number of requests made and granted under § 15–831(c)(1) and (2) of this title; and

(iv) the number and outcome of all other cases that are not subject to activities of the carrier under this subtitle that resulted from an adverse decision involving the length of stay for inpatient hospitalization as related to the medical procedure involved.

(2) If the number of adverse decisions issued by a carrier for a type of service has grown by 10% or more in the immediately preceding calendar year or 25% or more in the immediately preceding 3 calendar years, the carrier shall submit in the report required under paragraph (1) of this subsection:

(i) a description of any changes in medical management contributing to the rise in adverse decisions for the type of service;

(ii) any other known reasons for the increase; and

(iii) a description of the carrier’s efforts and actions taken to determine the reason for the increase.

(b) The Commissioner shall:

(1) compile an annual summary report based on the information provided:

(i) under subsection (a) of this section; and

(ii) by the Secretary under § 19–705.2(e) of the Health – General Article;

(2) report any violations or actions taken under § 15–10B–11 of this title; and

(3) provide copies of the summary report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(c) The Commissioner may use information provided under subsection (a) of this section as the basis for an examination under Title 2, Subtitle 2 of this article.
Md. Code, State Finance and Procurement § 15-226 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-226
§15–226.
Status: in_force

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

(2) “Supplier” means a person that has supplied labor or materials to a contractor in the prosecution of work provided for in a State procurement contract.

(3) “Undisputed amount” means an amount owed by a contractor to a subcontractor or supplier for which there is no good faith dispute, including any retainage withheld.

(b) It is the policy of the State that, for work under a State procurement contract:

(1) a contractor shall promptly pay to a subcontractor or supplier any undisputed amount to which the subcontractor or supplier is entitled; and

(2) a subcontractor shall promptly pay to a lower tier subcontractor any undisputed amount to which the lower tier subcontractor is entitled.

(c) (1) A contractor shall pay a subcontractor or supplier an undisputed amount to which the subcontractor or supplier is entitled within 10 days of receiving a progress or final payment from the State.

(2) If a contractor withholds payment from a subcontractor or supplier, within the time period in which payment normally would be made, the contractor shall:

(i) notify the subcontractor or supplier in writing and state the reason why payment is being withheld; and

(ii) provide a copy of the notice to the procurement officer.

(d) (1) If a subcontractor or supplier does not receive a payment within the required time period, the subcontractor or supplier may give written notice of the nonpayment to the procurement officer.

(2) The notice shall:

(i) indicate the name of the contractor, the project under which the dispute exists, and the amount in dispute;

(ii) provide an itemized description on which the amount is based; and

(iii) if known, provide an explanation for any dispute concerning payment by the contractor.

(e) (1) Within 2 business days of receipt of written notice from a subcontractor or supplier, a representative of the unit designated by the procurement officer shall verbally contact the contractor to ascertain whether the amount withheld is an undisputed amount.

(2) If the representative of the unit decides that a part or all of the amount withheld is an undisputed amount, the representative of the unit shall instruct the contractor to pay the subcontractor or supplier the undisputed amount within 3 business days.

(3) The representative of the unit shall verbally communicate to the subcontractor or supplier the results of discussions with the contractor.

(4) If the contractor is instructed to pay the subcontractor or supplier and the subcontractor or supplier is not paid within the time instructed under paragraph (2) of this subsection, the subcontractor or supplier may report the nonpayment in writing to the procurement officer.

(f) (1) If the subcontractor or supplier notifies the procurement officer under subsection (e)(4) of this section that payment has not been made, the representative of the unit shall schedule a meeting to discuss the dispute with the unit’s project manager, the contractor, and the subcontractor or supplier:

(i) at a time and location designated by the representative of the unit; but

(ii) not later than 10 days after receiving notice from the subcontractor or supplier under subsection (e)(4) of this section.

(2) The purpose of the meeting is to establish why the contractor has not paid the subcontractor or supplier in the required time period.

(3) The representative of the unit shall require the parties to provide at the meeting any information that the representative believes necessary to evaluate the dispute.

(4) If the representative of the unit determines that the contractor is delinquent in payment of an undisputed amount to the subcontractor or supplier, further progress payments to the contractor may be withheld until the subcontractor or supplier is paid.

(5) If payment is not paid to the subcontractor or supplier within 7 days after the representative of the unit determines that the contractor is delinquent in paying the subcontractor or supplier under this subsection, the representative shall schedule a second meeting to address the dispute:

(i) at a time and location designated by the representative of the unit; but

(ii) not later than 5 days after the close of the 7–day period.

(6) If, at the completion of the second meeting, the representative of the unit determines that the contractor continues to be delinquent in payments owed to the subcontractor or supplier, the representative:

(i) shall order that further payments to the contractor not be processed until payment to the subcontractor is verified;

(ii) may order that work under the contract be suspended based on the failure of the contractor to meet obligations under the contract; and

(iii) subject to paragraph (7) of this subsection, may require that the contractor pay a penalty to the subcontractor or supplier, in an amount not exceeding $100 per day, from the date that payment was required under subsection (e)(2) of this section.

(7) A penalty may not be imposed under paragraph (6)(iii) of this subsection for any period that the representative of the unit determines the subcontractor or supplier was not diligent in reporting nonpayment to the procurement officer.

(g) (1) A contractor, a subcontractor, or a supplier may appeal a decision under subsection (f)(6) of this section to the procurement officer.

(2) The contractor shall comply with the procurement officer’s decision.

(h) An act, failure to act, or decision of a procurement officer or a representative of a unit concerning a payment dispute between a contractor and subcontractor or supplier or between subcontractors under this section may not:

(1) affect the rights of the contracting parties under any other provision of law;

(2) be used as evidence on the merits of a dispute between the unit and the contractor, the contractor and subcontractor, or contractor and supplier in any other proceeding; or

(3) result in liability against or prejudice the rights of the unit.

(i) A decision of a procurement officer or a representative of the unit designated by the procurement officer under this section is not subject to judicial review or the provisions of Part III of this subtitle.

(j) (1) A unit shall include in each State procurement contract a provision:

(i) governing prompt payment to subcontractors; and

(ii) requiring inclusion of a similar provision in each subcontract at any tier.

(2) The contract provision shall establish procedures and remedies for the resolution of payment disputes similar to the process and remedies prescribed in subsections (c) through (g) of this section.
Md. Code, Health - General § 15-1102 — MD Code / Article ghg / Title 15 / Subtitle 11 / Section 15-1102
§15–1102.
Status: in_force

(a) The Department shall ensure that care coordinators delivering services under the 1915(i) model or a mental health case management program receive training in the delivery of services under a high–fidelity wraparound model.

(b) The Department shall provide reimbursement for:

(1) Wraparound services delivered by care coordinators under a high–fidelity wraparound model under the 1915(i) model or a mental health case management program that is commensurate with industry standards for the reimbursement of the delivery of wraparound services;

(2) Intensive in–home services delivered by providers using family–centered treatment, functional family therapy, and other evidence–based practices under the 1915(i) model that is commensurate with industry standards for the reimbursement of the delivery of family–centered treatment, functional family therapy, and other evidence–based practices; and

(3) At least one pilot program utilizing value–based purchasing for case management services.

(c) Beginning in fiscal year 2024, the Behavioral Health Administration shall fund 100 slots in the mental health case management program for children or youth who are not eligible for program services and who are at risk of out–of–home placement.

(d) The Governor shall include in the annual operating budget bill the following amounts to fund customized goods and services for youth receiving services under the 1915(i) model or mental health case management program:

(1) $150,000 for fiscal year 2025;

(2) $250,000 for fiscal year 2026; and

(3) $350,000 for fiscal year 2027 and each fiscal year thereafter.
Md. Code, Environment § 15-1104 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1104
§15–1104.
Status: in_force

(a) The Department is authorized to promulgate and enforce any rules and regulations necessary for the administration of this subtitle.

(b) The Department may enter into cooperative projects with other states or governmental bodies in order to carry out the purposes of this subtitle.
Md. Code, Insurance § 15-855 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-855
§15–855.
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 medically necessary diagnosis, evaluation, and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy.

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

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

(d) (1) Except as provided for in paragraph (2) of this subsection, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall be coded as autoimmune encephalitis for billing and diagnosis purposes.

(2) If the American Medical Association and the Centers for Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections or pediatric acute onset neuropsychiatric syndrome for billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may be coded as:

(i) autoimmune encephalitis;

(ii) pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections; or

(iii) pediatric acute onset neuropsychiatric syndrome.
Md. Code, Commercial Law § 15-304 — MD Code / Article gcl / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

The assignor’s acknowledgment of assignment shall include his affidavit stating that he has not paid and will not pay directly or indirectly on any sum borrowed, an effective rate of simple interest, as defined in § 12-101 of this article, of more than 6 percent per annum.
Md. Code, Criminal Procedure § 15-408 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-408
§15–408.
Status: in_force

(a) This section applies only in Cecil County.

(b) (1) The State’s Attorney is entitled to:

(i) a salary that is 95% of the salary of a judge of the District Court of Maryland; and

(ii) the same benefits as a full–time county employee.

(2) The State’s Attorney:

(i) is entitled to a reasonable expense allowance for the operation of the office and performance of the duties of State’s Attorney as provided in the county budget; and

(ii) subject to the approval of the administrative judge of the circuit court for the county, may spend $1,500 each year for special work and employing extra help.

(c) (1) (i) The State’s Attorney may appoint one deputy State’s Attorney and the number of assistant State’s Attorneys as provided in the county budget.

(ii) The salary of the deputy State’s Attorney and the assistant State’s Attorneys shall be as provided in the county budget.

(2) The deputy State’s Attorney and the 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.

(3) The deputy State’s Attorney and the assistant State’s Attorneys:

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

(ii) serve part time; and

(iii) are entitled to the same benefits as a full–time county employee.

(d) (1) (i) The State’s Attorney may appoint clerical, secretarial, administrative, investigative, and other support staff that the State’s Attorney considers necessary for the proper conduct of the office.

(ii) The State’s Attorney’s executive secretary and criminal investigators serve at the pleasure of the State’s Attorney.

(iii) Except for the State’s Attorney’s executive secretary and criminal investigators, the positions appointed under this subsection are subject to county personnel policies and procedures governing county employees.

(2) The salaries of the positions appointed under this subsection shall be as provided in the county budget.

(e) The State’s Attorney shall serve full time and may not engage in the private practice of law.
Md. Code, Transportation § 15-212 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-212
§15–212.
Status: in_force

(a) In this section, “motor home” means a motor vehicle that:

(1) Is designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self–propelled motor vehicle chassis or van; and

(2) Contains permanently installed independent life support systems which provide at least four of the following facilities:

(i) Cooking;

(ii) Refrigeration or ice box;

(iii) Self–contained toilet;

(iv) Heating, air–conditioning, or both;

(v) A potable water supply system including a faucet and sink;

(vi) Separate 110–125 volt electrical power supply; or

(vii) An LP gas supply.

(b) 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 has:

(1) Made any material misrepresentation in transferring a vehicle or truck component part to a dealer or distributor;

(2) Failed to comply with any written warranty agreement; or

(3) Failed to reasonably compensate any franchised dealer who does work under:

(i) The vehicle preparation and delivery obligations of the dealer; or

(ii) Any outstanding express or implied new vehicle or truck component parts warranty.

(c) (1) A licensee shall specify in writing to each of its motor vehicle dealers licensed in the State:

(i) The dealer’s obligation for vehicle preparation, delivery, warranties, and recalls on its products;

(ii) The schedule of compensation to be paid to the dealers for parts, including parts assemblies, and labor, including diagnostic labor and associated administrative requirements, in connection with the service obligations established under item (i) of this paragraph; and

(iii) A time allowance for the performance of labor described in this paragraph that is reasonable and adequate.

(2) Reasonable compensation under this section may not be less than:

(i) With respect to labor for warranty or recall repairs, the dealer’s current labor rate for nonwarranty repairs of a like kind for retail customers; and

(ii) With respect to any part, the dealer’s cost plus its current retail mark–up percentage charged to retail customers for nonwarranty repairs of a like kind.

(3) (i) For purposes of paragraph (2) of this subsection, the dealer’s labor rate or parts mark–up percentage shall be established by a submission to the licensee of whichever of the following produces fewer repair orders closed, as of the date of submission, within the preceding 180 days:

1. 100 qualifying sequential customer–paid repair orders; or

2. 90 days of qualifying customer–paid repair orders.

(ii) With respect to parts, a schedule of compensation established under this subsection shall be equal to the parts mark–up percentage as reflected in qualifying repair orders, calculated by dividing the total charges for parts in the repair orders by the total dealer cost for the parts minus one.

(iii) 1. A dealer may not make a submission under this subsection more than once in 1 year.

2. For purposes of subsubparagraph 1 of this subparagraph, a revision or supplement to a submission to correct or clarify the submission does not constitute a new submission.

(4) Repair orders for labor or parts in connection with any of the following may not constitute a qualifying repair order under paragraph (2) of this subsection:

(i) Accessories;

(ii) Repairs for manufacturer, distributor, or factory branch special events, promotions, or service campaigns;

(iii) Repairs related to collision;

(iv) Vehicle emission or safety inspections required by law;

(v) Parts sold, or repairs performed, at wholesale or for insurance carriers, or other third–party payors;

(vi) Routine maintenance not covered under any warranty, including maintenance involving fluids, filters, and belts not provided in the course of repairs;

(vii) Nuts, bolts, fasteners, and similar items that do not have an individual parts number;

(viii) Tires;

(ix) Vehicle reconditioning;

(x) Goodwill or policy repairs or replacements; or

(xi) Repairs on vehicles from a different line–make.

(5) If a licensee gives a dealer a part at no cost to use in performing a repair under a recall, campaign service action, or warranty repair, the licensee shall compensate the dealer for the part by paying the dealer the parts mark–up percentage established under this subsection on the cost for the part listed on the licensee’s price schedule.

(6) (i) The schedule of compensation submitted under paragraph (3) of this subsection shall be presumed to be accurate and reasonable.

(ii) The licensee shall approve or rebut the dealer’s submission within 30 days of receipt.

(iii) If the licensee approves a dealer’s submission, the licensee shall begin compensating the dealer under the schedule within 30 days after the date of approval.

(iv) In the absence of a timely rebuttal by the licensee, the schedule of compensation submitted by the dealer shall go into effect on the 31st day following the licensee’s receipt of the schedule.

(v) Any rebuttal of the schedule of compensation by the licensee shall:

1. Be delivered to the dealer within 30 days of the licensee’s receipt of the schedule; and

2. Consist of reasonable substantiating evidence that the declared rate is materially inaccurate.

(vi) In the event of a timely rebuttal, on resolution of the matter by agreement of the parties or by administrative, judicial, or other action, a licensee’s payment obligations under the resulting schedule of compensation shall begin on the 31st day following a final order unless otherwise provided for by the fact finder.

(vii) 1. To the extent that any action commenced under subsection (d) of this section or § 15–213 or § 15–214 of this subtitle involves the application of paragraph (3) of this subsection, the issues shall be limited to whether the labor rate or parts mark–up percentage stated in the dealer’s submission was materially inaccurate.

2. A licensee shall have the burden of proving under this subparagraph that the dealer’s submission was materially inaccurate.

(viii) 1. A licensee may verify a dealer’s effective rates once annually.

2. If a licensee finds that a dealer’s effective rates have increased or decreased, the licensee may increase or decrease, respectively, the warranty reimbursement rate prospectively.

(7) A licensee may not directly or indirectly:

(i) Calculate its own labor rate or parts mark–up percentage on a warranty reimbursement rate submission by the licensee’s dealer under this section, or require a dealer to calculate a labor rate or parts mark–up percentage, by any method not required under this section, including a method that is unduly burdensome or time–consuming or that requires information that is unduly burdensome or time–consuming to provide such as:

1. A part–by–part or transaction–by–transaction calculation; or

2. Presentation of information as to, or calculations based on, the dealer’s or other dealers’ warranty compensation;

(ii) Establish or implement a special part or component number for parts used in warranty fulfillment, if the special part or component number results in reduced compensation for the dealer unless the part is used for specific, limited repair situations;

(iii) Require or coerce a dealer to change the prices for which it sells parts or labor for retail customer repairs;

(iv) Take adverse action against a dealer because the dealer seeks compensation under this section, by:

1. Implementing a process that is inconsistent with the licensee’s obligations to the dealer under this subtitle; or

2. Failing to act in good faith;

(v) Conduct any warranty or retail customer repair audit, or other service–related audit, solely because the dealer makes a request for warranty reimbursement at retail rates in the ordinary course of business; or

(vi) Establish, implement, enforce, or apply any policy, standard, rule, program, or incentive regarding the compensation due under this section other than in a uniform manner among the licensee’s dealers in the State.

(8) The provisions of paragraphs (1) through (7) of this subsection do not apply to travel trailers or parts of systems, fixtures, appliances, furnishings, accessories, and features of motor homes that are not manufactured by the manufacturer of the motor home as a part of the unit.

(9) (i) A claim filed under this section by a dealer with a manufacturer or distributor shall be:

1. In the manner and form reasonably prescribed by the manufacturer or distributor; and

2. Approved or disapproved within 30 days of receipt.

(ii) A claim not approved or disapproved within 30 days of receipt shall be deemed approved.

(iii) Payment of or credit issued on a claim filed under this section shall be made within 30 days of approval.

(10) A dealer’s failure to comply with a specific requirement of the manufacturer or distributor may not constitute grounds for denial of the claim or reduction of the amount of compensation paid to the dealer if the dealer presents documentation or other reasonable evidence to substantiate that the repair and the claim were done according to manufacturer warranty guidelines.

(11) (i) If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within 9 months from the date the claim was paid or credit issued.

(ii) This paragraph does not limit the right of a manufacturer or distributor to:

1. Conduct an audit of any claim filed under this section; or

2. Charge back for any claim that is proven to be fraudulent.

(iii) An audit under this paragraph shall be conducted according to generally accepted accounting principles.

(12) A licensee may not prohibit a dealer from, or take any adverse action against a dealer for, providing to a customer information given to the dealer by a manufacturer related to any condition that may substantially affect motor vehicle safety, durability, reliability, or performance.

(13) A dealer may provide the information specified in paragraph (12) of this subsection only to a customer that has:

(i) Purchased the vehicle for which the information pertains from the dealer; or

(ii) Had the vehicle for which the information pertains serviced by the dealer.

(14) A licensee may not deny a claim, reduce the amount of compensation to a dealer, or process a charge back to a dealer for performing covered warranty or required recall repairs on a vehicle:

(i) For resolving a condition covered by the licensee’s original warranty;

(ii) For remedying a safety–related defect that is subject to an outstanding recall under federal law;

(iii) If the dealer properly performed the repairs and submitted the claims; or

(iv) If the dealer discovered the need for repairs:

1. During the course of a separate repair requested by the customer; or

2. Through notice of an outstanding recall under federal law for a safety–related defect.

(d) As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or nonrenewal of a license under this section, the Administrator:

(1) May order the licensee to pay a fine not exceeding $50,000 for each violation of this subtitle; and

(2) May order the licensee to compensate any person for financial injury or other damage suffered as a result of the violation.
Md. Code, Insurance § 15-1006 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1006
§15–1006.
Status: in_force

(a) On written request of the claimant, an insurer that denies a claim made on an individual health insurance policy shall give written notice to the claimant that states fully the reason for the denial.

(b) The reason given by an insurer for denial of a claim shall not act as an estoppel or limit the insurer from offering an additional reason for the denial.

(c) The notice given by an insurer under this section is subject to 45 C.F.R. § 164.522(b).
Md. Code, Insurance § 15-214 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-214
§15–214.
Status: in_force

(a) Each policy of health insurance shall contain the following provision:

“Time of payment of claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ........ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.”

(b) A policy is considered to provide for periodic payment for loss only if the policy contains a specific statement to that effect.
Md. Code, Environment § 15-615 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-615
§15–615.
Status: in_force

(a) By the twenty-fifth day of each month, a deep mine operator shall file a monthly progress report with the Secretary on a form furnished by the Secretary. In the report, the operator shall indicate the total area affected, number of mine openings, tonnage of coal removed, and changes in this information over previous months. An annual report shall be furnished to the Secretary not later than February 25 of each year for the preceding year covering facts the Secretary may require regarding the production and condition of the operation during the calendar year preceding. The operator also shall update the information on the maps previously supplied with the permit application.

(b) On the basis of the approved annual and monthly progress or completion reports the Secretary shall assess a 15-cent surcharge for each ton of coal removed during the past year. Nine cents of the amounts collected from each ton of coal removed shall be retained by the Secretary and 6 cents shall be remitted directly to the county in which the coal was removed.

(c) Every six months the operator of each mine shall cause to be accurately shown on the map and on the copies any extension of any portion of the mine, which was made during the intervening period, and any portion of the mine and mine workings, discontinued or abandoned.

(d) If the district mine inspector reasonably believes that any map of any mine or copy furnished to him under the provisions of this section is inaccurate, he may order a survey of what he believes has been mapped incorrectly. The cost of the survey is recoverable from the operator as other debts are recoverable by law. However, if the map claimed to be inaccurate is found to be sufficiently accurate for its intended purpose, the reasonable cost of the survey is payable by the State.
Md. Code, Insurance § 15-1634 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1634
§15–1634.
Status: in_force

(a) Before making a therapeutic interchange, a pharmacy benefits manager or its agent shall obtain authorization from a prescriber or an individual authorized by the prescriber.

(b) In any therapeutic interchange solicitation, the following shall be disclosed to the prescriber:

(1) that a therapeutic interchange is being solicited;

(2) the circumstances under which the originally prescribed drug will be covered by the purchaser;

(3) the difference in copayments or coinsurance to be paid by the beneficiary to obtain the proposed drug;

(4) the circumstances and extent to which health care costs related to the therapeutic interchange will be compensated; and

(5) any clinically significant differences, as determined by a pharmacy and therapeutics committee of the pharmacy benefits manager, with respect to efficacy, side effects, and potential impact on health and safety.

(c) When soliciting a therapeutic interchange from a prescriber, a pharmacy benefits manager or its agent may not make a claim that the therapeutic interchange will save the purchaser money unless the claim can be substantiated.

(d) If the pharmacy benefits manager or its agent receives payment for making a therapeutic interchange from a pharmaceutical manufacturer or other person, including the pharmacy benefits manager, that is not reflected in cost savings to the purchaser, the existence of the payment shall be communicated to the prescriber at the time of the therapeutic interchange solicitation.
Md. Code, Election Law § 15-103 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) There is a Fair Campaign Financing Fund.

(b) The Comptroller shall administer the Fund in accordance with this section.

(c) In accordance with this title, the Comptroller shall:

(1) credit to the Fund:

(i) all money collected or appropriated under this title;

(ii) voluntary contributions to the Fund made electronically through the State Board’s website;

(iii) fees, fines, and penalties assessed under this article or the General Provisions Article that are expressly allocated to the Fund by law;

(iv) an anonymous contribution paid to the Fund under § 13–239 of this article;

(v) an illegal contribution paid to the Fund under § 13–239.1 of this article;

(vi) surplus campaign funds paid to the Fund under § 13–247 of this article; and

(vii) contributions to the Fund made through the checkoff on the individual income tax return established under § 2–113.1 of the Tax – General Article;

(2) subject to the usual investing procedures for State funds, invest the money in the Fund; and

(3) make distributions from the Fund promptly on authorization by the State Board.

(d) The Comptroller shall distribute public contributions:

(1) only on authorization of the State Board; and

(2) as to each eligible gubernatorial ticket, to the campaign account of a single campaign finance entity established under Title 13, Subtitle 2 of this article to receive public contributions.

(e) The Comptroller shall submit a statement of the Fund’s balance to the State Board each month.

(f) (1) On or before June 30 of the third year immediately preceding a year of a gubernatorial election, the State Board shall determine whether the balance of the Fund is sufficient to provide for a full contribution for:

(i) in a primary election, two gubernatorial tickets; and

(ii) in a general election, one gubernatorial ticket.

(2) If the balance of the Fund is determined to be insufficient to provide the public contributions described under paragraph (1) of this subsection:

(i) on or before August 1 of the third year immediately preceding a year of a gubernatorial election, the State Board shall send a notice to the Governor of the amount of money needed to provide the public contributions described under paragraph (1) of this subsection; and

(ii) the Governor shall include in the annual budget bill for the appropriate fiscal year an appropriation in an amount equal to the amount submitted to the Governor under item (i) of this paragraph.

(3) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of at least $4,000,000 to the Fund.

(g) To pay costs directly related to the administration of this title, the State Board may expend in each fiscal year an amount of money in the Fund that does not exceed the lesser of:

(1) 3% of the Fund’s balance, as calculated on the last day of the immediately preceding fiscal year; or

(2) $100,000.
Md. Code, Insurance § 15-903 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-903
§15–903.
Status: in_force

(a) Notwithstanding any other provision to the contrary, this subtitle applies to:

(1) Medicare supplement policies and subscriber contracts that are delivered or issued for delivery in the State after July 1, 1992;

(2) certificates that are issued under group Medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in the State;

(3) individual or group Medicare supplement policies and certificates that are issued by nonprofit health service plans under Title 14, Subtitle 1 of this article;

(4) Medicare supplement policies and certificates that are issued by fraternal benefit societies under Title 8, Subtitle 4 of this article; and

(5) Medicare supplement group or blanket policies and certificates that are issued by insurers subject to Subtitle 3 of this title.

(b) This subtitle does not apply to a policy of:

(1) one or more employers or labor organizations; or

(2) the trustees of a fund established by one or more employers or labor organizations for employees, members, former employees, or former members.

(c) A health maintenance organization that enrolls members eligible for Medicare benefits under Title XVIII of the Social Security Act is subject to the requirements of this subtitle to the extent any of the provisions of this subtitle apply to the Medicare eligible members.