Md. Code, Health - General § 15-103 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: reserved

(a) (1) The Secretary shall administer the Maryland Medical Assistance Program.

(2) The Program:

(i) Subject to the limitations of the State budget, shall provide medical and other health care services for indigent individuals or medically indigent individuals or both;

(ii) Shall provide, subject to the limitations of the State budget, comprehensive medical, dental, and other health care services, including services provided in accordance with § 15–141.5 of this subtitle, for all eligible pregnant women whose family income is at or below 250 percent of the poverty level for the duration of the pregnancy and for 1 year immediately following the end of the woman’s pregnancy, as permitted by the federal law;

(iii) Shall provide, subject to the limitations of the State budget, comprehensive medical and other health care services for all eligible children currently under the age of 1 whose family income falls below 185 percent of the poverty level, as permitted by federal law;

(iv) Beginning on January 1, 2012, shall provide, subject to the limitations of the State budget, family planning services to all women whose family income is at or below 200 percent of the poverty level, as permitted by federal law;

(v) Shall provide, subject to the limitations of the State budget, comprehensive medical and other health care services for all children from the age of 1 year up through and including the age of 5 years whose family income falls below 133 percent of the poverty level, as permitted by the federal law;

(vi) Beginning on January 1, 2014, shall provide, subject to the limitations of the State budget, comprehensive medical care and other health care services for all children who are at least 6 years of age but are under 19 years of age whose family income falls below 133 percent of the poverty level, as permitted by federal law;

(vii) Shall provide, subject to the limitations of the State budget, comprehensive medical care and other health care services for all legal immigrants who meet Program eligibility standards and who arrived in the United States before August 22, 1996, the effective date of the federal Personal Responsibility and Work Opportunity Reconciliation Act, as permitted by federal law;

(viii) Shall provide, subject to the limitations of the State budget and any other requirements imposed by the State, comprehensive medical care and other health care services for all legal immigrant children under the age of 18 years and pregnant women who meet Program eligibility standards and who arrived in the United States on or after August 22, 1996, the effective date of the federal Personal Responsibility and Work Opportunity Reconciliation Act;

(ix) Beginning on January 1, 2014, shall provide, subject to the limitations of the State budget, and as permitted by federal law, medical care and other health care services for adults whose annual household income is at or below 133 percent of the poverty level;

(x) Subject to the limitations of the State budget, and as permitted by federal law:

1. Shall provide comprehensive medical care, dental care, and other health care services for former foster care adolescents who, on their 18th birthday, were in foster care under the responsibility of the State and are not otherwise eligible for Program benefits; and

2. May provide comprehensive medical care, dental care, and other health care services for former foster care adolescents who, on their 18th birthday, were in foster care under the responsibility of any other state or the District of Columbia;

(xi) May include bedside nursing care for eligible Program recipients;

(xii) Shall provide services in accordance with funding restrictions included in the annual State budget bill;

(xiii) 1. Beginning on January 1, 2019, may provide, subject to the limitations of the State budget, and as permitted by federal law, dental services for adults whose annual household income is at or below 133 percent of the poverty level; and

2. Beginning on January 1, 2023, shall provide, subject to the limitations of the State budget, and as permitted by federal law, dental services for adults, including diagnostic, preventive, restorative, and periodontal services, whose annual household income is at or below 133 percent of the federal poverty level;

(xiv) Shall provide, subject to the limitations of the State budget, medically appropriate drugs that are approved by the United States Food and Drug Administration for the treatment of hepatitis C, regardless of the fibrosis score, and that are determined to be medically necessary;

(xv) Shall provide, subject to the limitations of the State budget, health care services appropriately delivered through telehealth to a patient in accordance with § 15–141.2 of this subtitle;

(xvi) Beginning on January 1, 2021, shall provide, subject to the limitations of the State budget and § 15–855(b)(2) of the Insurance Article, and as permitted by federal law, services for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy, for eligible Program recipients, if pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome are coded for billing and diagnosis purposes in accordance with § 15–855(d) of the Insurance Article;

(xvii) Beginning on January 1, 2022, may not include, subject to federal approval and limitations of the State budget, a frequency limitation on covered dental prophylaxis care or oral health exams that requires the dental prophylaxis care or oral health exams to be provided at an interval greater than 120 days within a plan year;

(xviii) Shall provide, subject to the limitations of the State budget, comprehensive medical care and other health care services to noncitizen pregnant women who would be eligible for the Program but for their immigration status and to their children up to the age of 1 year;

(xix) Shall provide coverage of abortion care services to Program recipients in the manner described in § 15–857(b)(1)(ii) and (2) of the Insurance Article;

(xx) Beginning on July 1, 2023, shall provide, subject to federal approval and limitations of the State budget, community violence prevention services in accordance with § 15–141.3 of this subtitle;

(xxi) Beginning on January 1, 2023, shall provide, subject to the limitations of the State budget, and as permitted by federal law, coverage for self–measured blood pressure monitoring for all Program recipients diagnosed with uncontrolled high blood pressure, including:

1. The provision of validated home blood pressure monitors; and

2. Reimbursement of health care provider and other staff time used for patient training, transmission of blood pressure data, interpretation of blood pressure readings and reporting, and the delivery of co–interventions, including educational materials or classes, behavioral change management, and medication management;

(xxii) Beginning on January 1, 2024, shall provide gender–affirming treatment in accordance with § 15–151 of this subtitle;

(xxiii) Beginning on July 1, 2025, shall provide, subject to the limitations of the State budget, and as permitted by federal law, coverage for biomarker testing in accordance with § 15–859 of the Insurance Article;

(xxiv) Beginning on January 1, 2025, shall provide coverage for prostheses in accordance with § 15–844 of the Insurance Article;

(xxv) Beginning on January 1, 2026, shall provide, subject to the limitations of the State budget, and as permitted by federal law, coverage for self–measured blood pressure monitoring for eligible Program recipients in accordance with § 15–141.6 of this subtitle;

(xxvi) Beginning on January 1, 2026, shall provide coverage for a transfer to a special pediatric hospital in accordance with § 15–861 of the Insurance Article;

(xxvii) Beginning on January 1, 2026, if providing coverage for the delivery of anesthesia, shall provide coverage for the delivery of anesthesia in accordance with § 15–862 of the Insurance Article; and

(xxviii) Beginning on January 1, 2026, shall provide calcium score testing in accordance with § 15–863 of the Insurance Article; and

(3) Subject to restrictions in federal law or waivers, the Department may:

(i) Impose cost–sharing on Program recipients; and

(ii) For adults who do not meet requirements for a federal category of eligibility for Medicaid:

1. Cap enrollment; and

2. Limit the benefit package.

(4) Subject to the limitations of the State budget, the Department shall implement the provisions of Title II of the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, to include:

(i) Parents and caretaker relatives who have a dependent child living in the parents’ or caretaker relatives’ home; and

(ii) Adults who do not meet requirements, such as age, disability, or parent or caretaker relative of a dependent child, for a federal category of eligibility for Medicaid and who are not enrolled in the federal Medicare program, as enacted by Title XVII of the Social Security Act.

(5) On or before January 1, 2025, subject to the limitations of the State budget, and as permitted by federal law, the Department:

(i) Shall establish an Express Lane Eligibility Program to enroll individuals in the Maryland Medical Assistance Program and Maryland Children’s Health Program based on eligibility findings by the Supplemental Nutrition Assistance Program;

(ii) May not consider any other income or eligibility requirements;

(iii) To the extent that a waiver is needed to maximize the number of State residents who may qualify for the Express Lane Eligibility Program, shall apply to the Centers for Medicare and Medicaid Services for one or more waivers under § 1115 of the federal Social Security Act to implement the Express Lane Eligibility Program; and

(iv) Shall make all reasonable efforts to expedite enrollment of eligible individuals in the Express Lane Eligibility Program, provided that the Department may propose or implement the use of Express Lane Eligibility for renewals before proposing or implementing the use of Express Lane Eligibility for initial enrollment.

(b) (1) As permitted by federal law or waiver, the Secretary may establish a program under which Program recipients are required to enroll in managed care organizations.

(2) (i) The benefits required by the program developed under paragraph (1) of this subsection shall be adopted by regulation and shall be equivalent to the benefit level required by the Maryland Medical Assistance Program on January 1, 1996.

(ii) Subject to the limitations of the State budget and as permitted by federal law or waiver, the Department shall provide reimbursement for medically necessary and appropriate inpatient, intermediate care, and halfway house substance abuse treatment services for substance abusing enrollees 21 years of age or older who are recipients of temporary cash assistance under the Family Investment Program.

(iii) Each managed care organization participating in the program developed under paragraph (1) of this subsection shall provide or arrange for the provision of the benefits described in subparagraph (ii) of this paragraph.

(iv) Nothing in this paragraph may be construed to prohibit a managed care organization from offering additional benefits, if the managed care organization is not receiving capitation payments based on the provision of the additional benefits.

(v) Notwithstanding subparagraph (i) of this paragraph, the benefits required by the program developed under paragraph (1) of this subsection shall include dental services for pregnant women.

(3) Subject to the limitations of the State budget and as permitted by federal law or waiver, the program developed under paragraph (1) of this subsection and the program developed under § 15–301 of this title may provide guaranteed eligibility for each enrollee for up to 6 months, unless an enrollee obtains health insurance through another source.

(4) (i) The Secretary may exclude specific populations or services from the program developed under paragraph (1) of this subsection.

(ii) For any populations or services excluded under this paragraph, the Secretary may authorize a managed care organization, to provide the services or provide for the population, including authorization of a separate dental managed care organization or a managed care organization to provide services to Program recipients with special needs.

(5) (i) Except for a service excluded by the Secretary under paragraph (4) of this subsection, each managed care organization shall provide all the benefits required by regulations adopted under paragraph (2) of this subsection.

(ii) For a population or service excluded by the Secretary under paragraph (4) of this subsection, the Secretary may authorize a managed care organization to provide only for that population or provide only that service.

(iii) A managed care organization may subcontract specified required services to a health care provider that is licensed or authorized to provide those services.

(6) Except for the Program of All–inclusive Care for the Elderly (“PACE”) Program, the Secretary may not include the long–term care population or long–term care services in the program developed under paragraph (1) of this subsection.

(7) The program developed under paragraph (1) of this subsection shall ensure that enrollees have access to a pharmacy that:

(i) Is licensed in the State; and

(ii) Is within a reasonable distance from the enrollee’s residence.

(8) For cause, the Department may disenroll enrollees from a managed care organization and enroll them in another managed care organization.

(9) Each managed care organization shall:

(i) Have a quality assurance program in effect which is subject to the approval of the Department and which, at a minimum:

1. Complies with any health care quality improvement system developed by the Centers for Medicare and Medicaid Services;

2. Complies with the quality requirements of applicable State licensure laws and regulations;

3. Complies with practice guidelines and protocols specified by the Department;

4. Provides for an enrollee grievance system, including an enrollee hotline;

5. Provides a provider grievance system;

6. Provides for enrollee and provider satisfaction surveys, to be taken at least annually;

7. Provides for a consumer advisory board to receive regular input from enrollees;

8. Provides for an annual consumer advisory board report to be submitted to the Secretary; and

9. Complies with specific quality, access, data, and performance measurements adopted by the Department for treating enrollees with special needs;

(ii) Submit to the Department:

1. Service–specific data by service type in a format to be established by the Department;

2. Utilization and outcome reports, such as the Health Plan Employer Data and Information Set (HEDIS), as directed by the Department; and

3. At least semiannually, aggregate data that includes:

A. The number of enrollees provided with substance abuse treatment services; and

B. The amount of money spent on substance abuse treatment;

(iii) Promote timely access to and continuity of health care services for enrollees;

(iv) Demonstrate organizational capacity to provide special programs, including outreach, case management, and home visiting, tailored to meet the individual needs of all enrollees;

(v) Provide assistance to enrollees in securing necessary health care services;

(vi) Provide or assure alcohol and drug abuse treatment for substance abusing pregnant women and all other enrollees of managed care organizations who require these services;

(vii) Educate enrollees on health care prevention and good health habits;

(viii) Assure necessary provider capacity in all geographic areas under contract;

(ix) Be accountable and hold its subcontractors accountable for standards established by the Department and, upon failure to meet those standards, be subject to one or more of the following penalties:

1. Fines;

2. Suspension of further enrollments;

3. Withholding of all or part of the capitation payment;

4. Termination of the contract;

5. Disqualification from future participation in the Program; and

6. Any other penalties that may be imposed by the Department;

(x) Subject to applicable federal and State law, include incentives for enrollees to comply with provisions of the managed care organization;

(xi) Provide or arrange to provide primary mental health services;

(xii) Provide or arrange to provide all Medicaid–covered services required to comply with State statutes and regulations mandating health and mental health services for children in State supervised care:

1. According to standards set by the Department; and

2. Locally, to the extent the services are available locally;

(xiii) Submit to the Department aggregate information from the quality assurance program, including complaints and resolutions from the enrollee and provider grievance systems, the enrollee hotline, and enrollee satisfaction surveys;

(xiv) Maintain as part of the enrollee’s medical record the following information:

1. The basic health risk assessment conducted on enrollment;

2. Any information the managed care organization receives that results from an assessment of the enrollee conducted for the purpose of any early intervention, evaluation, planning, or case management program;

3. Information from the local department of social services regarding any other service or benefit the enrollee receives, including assistance or benefits from a program administered by the Department of Human Services under the Human Services Article; and

4. Any information the managed care organization receives from a school–based clinic, a core services agency, a local health department, or any other person that has provided health services to the enrollee;

(xv) Upon provision of information specified by the Department under paragraph (19) of this subsection, pay school–based clinics for services provided to the managed care organization’s enrollees;

(xvi) In coordination with participating dentists, enrollees, and families of enrollees, develop a process to arrange to provide dental therapeutic treatment to individuals under 21 years of age that requires:

1. A participating dentist to notify a managed care organization when an enrollee is in need of therapeutic treatment and the dentist is unable to provide the treatment;

2. A managed care organization to provide the enrollee or the family of the enrollee with a list of participating providers who offer therapeutic dental services; and

3. A managed care organization to notify the enrollee or the family of the enrollee that the managed care organization will provide further assistance if the enrollee has difficulty obtaining an appointment with a provider of therapeutic dental services;

(xvii) Provide the advance directive information sheet developed under § 5–615 of this article:

1. To all enrollees at the time of initial enrollment and in the managed care organization’s enrollee publications;

2. If the managed care organization maintains a website, on the managed care organization’s website; and

3. At the request of an enrollee; and

(xviii) If a managed care organization maintains a website, after the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of this article is developed, provide a link to the webpage that is accessed through the tab.

(10) The Department shall adopt regulations that assure that managed care organizations employ appropriate personnel to:

(i) Assure that individuals with special needs obtain needed services; and

(ii) Coordinate those services.

(11) (i) A managed care organization shall reimburse a hospital emergency facility and provider for:

1. Health care services that meet the definition of emergency services in § 19–701 of this article;

2. Medical screening services rendered to meet the requirements of the federal Emergency Medical Treatment and Active Labor Act;

3. Medically necessary services if the managed care organization authorized, referred, or otherwise allowed the enrollee to use the emergency facility and the medically necessary services are related to the condition for which the enrollee was allowed to use the emergency facility; and

4. Medically necessary services that relate to the condition presented and that are provided by the provider in the emergency facility to the enrollee if the managed care organization fails to provide 24–hour access to a physician as required by the Department.

(ii) A provider may not be required to obtain prior authorization or approval for payment from a managed care organization in order to obtain reimbursement under this paragraph.

(12) (i) Each managed care organization shall notify each enrollee when the enrollee should obtain an immunization, examination, or other wellness service.

(ii) Each managed care organization shall:

1. Maintain evidence of compliance with paragraph (9) of this subsection; and

2. Provide to the Department, upon initial application to provide health care services to enrollees and on an annual basis thereafter, evidence of compliance with paragraph (9) of this subsection, including submission of a written plan.

(iii) A managed care organization that does not comply with subparagraph (i) of this paragraph for at least 90% of its new enrollees:

1. Within 90 days of their enrollment may not receive more than 80% of its capitation payments;

2. Within 180 days of their enrollment may not receive more than 70% of its capitation payments; and

3. Within 270 days of their enrollment may not receive more than 50% of its capitation payments.

(iv) If a managed care organization does not comply with the requirements of paragraph (9) of this subsection, the Department may contract with any community–based health organization that the Department determines is willing and able to perform comprehensive outreach services to enrollees.

(v) In addition to the provisions of subparagraph (iv) of this paragraph, if a managed care organization does not comply with the requirements of paragraph (9) of this subsection or fails to provide evidence of compliance to the Department under subparagraph (ii) of this paragraph, the Department may:

1. Impose a fine on the managed care organization which shall be deposited in the HealthChoice Performance Incentive Fund established under § 15–103.3 of this subtitle;

2. Suspend further enrollment into the managed care organization;

3. Withhold all or part of the capitation rate from the managed care organization;

4. Terminate the provider agreement; or

5. Disqualify the managed care organization from future participation in the Maryland Medicaid Managed Care Program.

(13) The Department shall:

(i) Establish and maintain an ombudsman program and a locally accessible enrollee hotline;

(ii) Perform focused medical reviews of managed care organizations that include reviews of how the managed care organizations are providing health care services to special populations;

(iii) Provide timely feedback to each managed care organization on its compliance with the Department’s quality and access system;

(iv) Establish and maintain within the Department a process for handling provider complaints about managed care organizations; and

(v) Adopt regulations relating to appeals by managed care organizations of penalties imposed by the Department, including regulations providing for an appeal to the Office of Administrative Hearings.

(14) (i) Except as provided in subparagraph (iii) of this paragraph, the Department shall delegate responsibility for maintaining the ombudsman program for a county to that county’s local health department on the request of the local health department.

(ii) A local health department may not subcontract the ombudsman program.

(iii) Before the Department delegates responsibility to a local health department to maintain the ombudsman program for a county, a local health department that is also a Medicaid provider must receive the approval of the Secretary and the local governing body.

(15) A managed care organization may not:

(i) Without authorization by the Department, enroll an individual who at the time is a Program recipient; or

(ii) Have face–to–face or telephone contact, or otherwise solicit with an individual who at the time is a Program recipient before the Program recipient enrolls in the managed care organization unless:

1. Authorized by the Department; or

2. The Program recipient initiates contact.

(16) (i) The Department shall be responsible for enrolling Program recipients into managed care organizations.

(ii) The Department may contract with an entity to perform the enrollment function.

(iii) The Department or its enrollment contractor shall administer a health risk assessment developed by the Department to ensure that individuals who need special or immediate health care services will receive the services on a timely basis.

(iv) The Department or its enrollment contractor:

1. May administer the health risk assessment only after the Program recipient has chosen a managed care organization; and

2. Shall forward the results of the health risk assessment to the managed care organization chosen by the Program recipient within 5 business days.

(17) For a managed care organization with which the Secretary contracts to provide services to Program recipients under this subsection, the Secretary shall establish a mechanism to initially assure that each historic provider that meets the Department’s quality standards has the opportunity to continue to serve Program recipients as a subcontractor of at least one managed care organization.

(18) (i) The Department shall make capitation payments to each managed care organization as provided in this paragraph.

(ii) In consultation with the Insurance Commissioner, the Secretary shall:

1. Set capitation payments at a level that is actuarially adjusted to the benefits provided; and

2. Actuarially adjust the capitation payments to reflect the relative risk assumed by the managed care organization.

(iii) In actuarially adjusting capitation payments under subparagraph (ii)2 of this paragraph, the Secretary, in consultation with the Insurance Commissioner, shall take into account, to the extent allowed under federal law, the expenses incurred by the managed care organization applicable to the business of providing care to enrolled individuals.

(19) (i) School–based clinics and managed care organizations shall collaborate to provide continuity of care to enrollees.

(ii) School–based clinics shall be defined by the Department in consultation with the State Department of Education.

(iii) Each managed care organization shall require a school–based clinic to provide to the managed care organization certain information, as specified by the Department, about an encounter with an enrollee of the managed care organization prior to paying the school–based clinic.

(iv) Upon receipt of information specified by the Department, the managed care organization shall pay, at Medicaid–established rates, school–based clinics for covered services provided to enrollees of the managed care organization.

(v) The Department shall work with managed care organizations and school–based clinics to develop collaboration standards, guidelines, and a process to assure that the services provided are covered and medically appropriate and that the process provides for timely notification among the parties.

(vi) Each managed care organization shall maintain records of all health care services:

1. Provided to its enrollees by school–based clinics; and

2. For which the managed care organization has been billed.

(20) The Department shall establish standards for the timely delivery of services to enrollees.

(21) (i) The Department shall establish a delivery system for specialty mental health services for enrollees of managed care organizations.

(ii) The Behavioral Health Administration shall:

1. Design and monitor the delivery system;

2. Establish performance standards for providers in the delivery system; and

3. Establish procedures to ensure appropriate and timely referrals from managed care organizations to the delivery system that include:

A. Specification of the diagnoses and conditions eligible for referral to the delivery system;

B. Training and clinical guidance in appropriate use of the delivery system for managed care organization primary care providers;

C. Preauthorization by the utilization review agent of the delivery system; and

D. Penalties for a pattern of improper referrals.

(iii) The Department shall collaborate with managed care organizations to develop standards and guidelines for the provision of specialty mental health services.

(iv) The delivery system shall:

1. Provide all specialty mental health services needed by enrollees;

2. For enrollees who are dually diagnosed, coordinate the provision of substance use disorder services provided by the managed care organizations of the enrollees;

3. Consist of a network of qualified mental health professionals from all core disciplines;

4. Include linkages with other public service systems; and

5. Comply with quality assurance, enrollee input, data collection, and other requirements specified by the Department in regulation.

(v) The Department may contract with a managed care organization for delivery of specialty mental health services if the managed care organization meets the performance standards adopted by the Department in regulations.

(vi) The provisions of § 15–1005 of the Insurance Article apply to the delivery system for specialty mental health services established under this paragraph and administered by an administrative services organization.

(vii) The Department and the Behavioral Health Administration shall ensure that the delivery system has an adequate network of providers available to provide substance use disorder treatment for children under the age of 18 years.

(22) The Department shall include a definition of medical necessity in its quality and access standards.

(23) (i) The Department shall adopt regulations relating to enrollment, disenrollment, and enrollee appeals.

(ii) Program recipients shall have the right to choose:

1. The managed care organization with which they are enrolled; and

2. The primary care provider to whom they are assigned within the managed care organization.

(iii) If a recipient is disenrolled and reenrolls within 120 days of the recipient’s disenrollment, the Department shall:

1. Assign the recipient to the managed care organization in which the recipient previously was enrolled; and

2. Require the managed care organization to assign the recipient to the primary care provider of record at the time of the recipient’s disenrollment.

(iv) Whenever a recipient has to select a new managed care organization because the recipient’s managed care organization has departed from the HealthChoice Program, the departing managed care organization:

1. Shall provide a written notice to the recipient 60 days before departing from the Program;

2. Shall include in the notice the name and provider number of the primary care provider assigned to the recipient and the telephone number of the enrollment broker; and

3. Within 30 days after departing from the Program, shall provide the Department with a list of enrollees and the name of each enrollee’s primary care provider.

(v) On receiving the list provided by the managed care organization, the Department shall provide the list to:

1. The enrollment broker to assist and provide outreach to recipients in selecting a managed care organization; and

2. The remaining managed care organizations for the purpose of linking recipients with a primary care provider in accordance with federal law and regulation.

(vi) Subject to subsection (f)(4) and (5) of this section, an enrollee may disenroll from a managed care organization:

1. Without cause in the month following the anniversary date of the enrollee’s enrollment; and

2. For cause, at any time as determined by the Secretary.

(24) The Department or its subcontractor, to the extent feasible in its marketing or enrollment programs, shall hire individuals receiving assistance under the program of Aid to Families with Dependent Children established under Title IV, Part A, of the Social Security Act, or the successor to the program.

(25) The Department shall disenroll an enrollee who is a child in State–supervised care if the child is transferred to an area outside of the territory of the managed care organization.

(26) The Secretary shall adopt regulations to implement the provisions of this section.

(27) (i) 1. The Department shall establish the Maryland Medicaid Advisory Committee, composed of no more than 25 members.

2. The majority of the members of the Committee shall be enrollees or enrollee advocates.

3. At least five members of the Committee shall be enrollees representative of the entire Medicaid population.

(ii) The Committee members shall include:

1. At least five current or former enrollees or the parents or guardians of current or former enrollees;

2. Providers who are familiar with the medical needs of low–income population groups, including board–certified physicians;

3. Hospital representatives;

4. At least five but not more than 10 advocates for the Medicaid population, including representatives of special needs populations, such as:

A. Children with special needs;

B. Individuals with physical disabilities;

C. Individuals with developmental disabilities;

D. Individuals with mental illness;

E. Individuals with brain injuries;

F. Medicaid and Medicare dual eligibles;

G. Individuals who are homeless or have experienced homelessness;

H. Individuals enrolled in home– and community–based services waivers;

I. Elderly individuals;

J. Low–income individuals and individuals receiving benefits through the Temporary Assistance for Needy Families Program; and

K. Individuals receiving substance abuse treatment services;

5. Two members of the Finance Committee of the Senate of Maryland, appointed by the President of the Senate; and

6. Three members of the Maryland House of Delegates, appointed by the Speaker of the House.

(iii) A designee of each of the following shall serve as an ex–officio member of the Committee:

1. The Secretary of Human Services;

2. The Executive Director of the Maryland Health Care Commission; and

3. The Maryland Association of County Health Officers.

(iv) In addition to any duties imposed by federal law and regulation, the Committee shall:

1. Advise the Secretary on the implementation, operation, and evaluation of managed care programs under this section;

2. Review and make recommendations on the regulations developed to implement managed care programs under this section;

3. Review and make recommendations on the standards used in contracts between the Department and managed care organizations;

4. Review and make recommendations on the Department’s oversight of quality assurance standards;

5. Review data collected by the Department from managed care organizations participating in the Program and data collected by the Maryland Health Care Commission;

6. Promote the dissemination of managed care organization performance information, including loss ratios, to enrollees in a manner that facilitates quality comparisons and uses layman’s language;

7. Assist the Department in evaluating the enrollment process; and

8. Review reports of the ombudsmen.

(v) Except as specified in subparagraphs (ii) and (iii) of this paragraph, the members of the Maryland Medicaid Advisory Committee shall be appointed by the Secretary and serve for a 4–year term.

(vi) In making appointments to the Committee, the Secretary shall provide for continuity and rotation.

(vii) In appointing consumer members to the Committee, the Secretary shall seek recommendations from:

1. The State Protection and Advocacy System Organization;

2. The Statewide Independent Living Council;

3. The Developmental Disabilities Council;

4. The Department of Disabilities;

5. The Department of Aging;

6. Consumer advocacy organizations; and

7. The public.

(viii) The Secretary shall appoint the chair of the Committee.

(ix) The Secretary shall appoint nonvoting members from managed care organizations who may participate in Committee meetings, unless the Committee meets in closed session as provided in § 3–305 of the General Provisions Article.

(x) The Department shall provide staff for the Committee.

(xi) The Committee shall determine the times and places of its meetings.

(xii) 1. The chair of the Committee and the staff for the Committee shall provide the agenda, minutes, and any written materials to be presented or discussed at a meeting to the members of the Committee at least 5 days prior to the meeting.

2. The agenda, minutes, and written materials shall be provided to members of the Committee in a manner and format that reasonably accommodates the specific needs of the member.

(xiii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a member of the Committee:

A. May not receive compensation; but

B. Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

2. A member of the Committee who is an enrollee is entitled to reimbursement for:

A. Expenses for personal and dependent care incurred during the meeting and during travel time to and from the meeting;

B. Expenses for cognitive supports related to the meeting; and

C. Appropriate transportation to and from the meeting.

3. On request, the Department shall provide for a dedicated Department staff person:

A. To review meeting materials with enrollee members in advance of a meeting by telephone or in person; and

B. To provide referrals to advocacy organizations.

(28) (i) The Department shall ensure that payments for services provided by a hospital located in a contiguous state or in the District of Columbia to an enrollee under the Program shall be reduced by 20% if the hospital fails to submit discharge data on all Maryland patients receiving care in the hospital to the Health Services Cost Review Commission in a form and manner the Commission specifies.

(ii) Subparagraph (i) of this paragraph does not apply to a hospital that presently provides discharge data to the public in a form the Health Services Cost Review Commission determines is satisfactory.

(29) A managed care organization shall provide coverage for hearing loss screenings of newborns provided by a hospital before discharge.

(30) (i) The Department shall provide enrollees and health care providers with an accurate directory or other listing of all available providers:

1. In written form, made available upon request; and

2. On an Internet database.

(ii) The Department shall update the Internet database at least every 30 days.

(iii) The written directory shall include a conspicuous reference to the Internet database.

(31) Paragraph (9)(xvii) of this subsection may not be construed to require a managed care organization to:

(i) Assist an enrollee in drafting an electronic advance care planning document;

(ii) Store electronic advance care planning documents; or

(iii) Access advance care planning documents.

(32) A managed care organization 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.

(33) The Secretary shall adopt regulations for pharmacy benefits managers that contract with managed care organizations that establish requirements for conducting audits of pharmacies or pharmacists that are:

(i) To the extent practicable, substantively similar to the audit provisions under § 15–1629 of the Insurance Article; and

(ii) Consistent with federal law.

(c) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Certified nurse practitioner” means a registered nurse who is licensed in this State, has completed a nurse practitioner program approved by the State Board of Nursing, and has passed an examination approved by that Board.

(iii) “Nurse anesthetist” means a registered nurse who is:

1. Certified under the Health Occupations Article to practice nurse anesthesia; and

2. Certified by the Council on Certification or the Council on Recertification of Nurse Anesthetists.

(iv) “Nurse midwife” means a registered nurse who is licensed in this State and has been certified by the American College of Nurse–Midwives as a nurse midwife.

(v) “Optometrist” has the meaning stated in § 11–101 of the Health Occupations Article.

(2) The Secretary may contract for the provision of care under the Program to eligible Program recipients.

(3) The Secretary may contract with insurance companies or nonprofit health service plans or with individuals, associations, partnerships, incorporated or unincorporated groups of physicians, chiropractors, dentists, podiatrists, optometrists, pharmacists, hospitals, nursing homes, nurses, including nurse anesthetists, nurse midwives and certified nurse practitioners, opticians, and other health practitioners who are licensed or certified in this State and perform services on the prescription or referral of a physician.

(4) For the purposes of this section, the nurse midwife need not be under the supervision of a physician.

(5) Except as otherwise provided by law, a contract that the Secretary makes under this subsection shall continue unless terminated under the terms of the contract by the Program or by the provider.

(d) As permitted by federal law or waiver, the Secretary may administer the Medicare Option Prescription Drug Program, established under § 15–124.3 of this subtitle, as part of the Maryland Medical Assistance Program.

(e) By regulation, the Department shall adopt a methodology to ensure that federally qualified health centers are paid reasonable cost–based reimbursement that is consistent with federal law.

(f) (1) The Department shall establish mechanisms for:

(i) Identifying a Program recipient’s primary care provider at the time of enrollment into a managed care program; and

(ii) Maintaining continuity of care with the primary care provider if:

1. The provider has a contract with a managed care organization or a contracted medical group of a managed care organization to provide primary care services; and

2. The recipient desires to continue care with the provider.

(2) If a Program recipient enrolls in a managed care organization and requests assignment to a particular primary care provider who has a contract with the managed care organization or a contracted group of the managed care organization, the managed care organization shall assign the recipient to the primary care provider.

(3) A Program recipient may request a change of primary care providers within the same managed care organization at any time and, if the primary care provider has a contract with the managed care organization or a contracted group of the managed care organization, the managed care organization shall honor the request.

(4) In accordance with the federal Health Care Financing Administration’s guidelines, a Program recipient may elect to disenroll from a managed care organization if the managed care organization terminates its contract with the Department.

(5) A Program recipient may disenroll from a managed care organization to maintain continuity of care with a primary care provider if:

(i) The contract between the primary care provider and the managed care organization or contracted group of the managed care organization terminates because:

1. The managed care organization or contracted group of the managed care organization terminates the provider’s contract for a reason other than quality of care or the provider’s failure to comply with contractual requirements related to quality assurance activities;

2. A. The managed care organization or contracted group of the managed care organization reduces the primary care provider’s capitated or applicable fee for services rates;

B. The reduction in rates is greater than the actual change in rates or capitation paid to the managed care organization by the Department; and

C. The provider and the managed care organization or contracted group of the managed care organization are unable to negotiate a mutually acceptable rate; or

3. The provider contract between the provider and the managed care organization is terminated because the managed care organization is acquired by another entity; and

(ii) 1. The Program recipient desires to continue to receive care from the primary care provider;

2. The provider contracts with at least one other managed care organization or contracted group of a managed care organization; and

3. The enrollee notifies the Department or the Department’s designee of the enrollee’s intention within 90 days after the contract termination.

(6) The Department shall provide timely notification to the affected managed care organization of an enrollee’s intention to disenroll under the provisions of paragraph (5) of this subsection.
Md. Code, Criminal Procedure § 15-410 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-410
§15–410.
Status: in_force

(a) This section applies only in Dorchester 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 an allowance for the expenses of operating the office, including the costs of telephone charges, office supplies and equipment, postage, travel, training, conferences, books and publications, and premiums on office bonds.

(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 Council approves.

(2) The deputy and assistant State’s Attorneys shall:

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

(ii) receive compensation as approved by the County Council; and

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

(d) Subject to the approval of the County Council, the State’s Attorney may employ administrative and clerical employees who shall:

(1) receive salaries in accordance with the county pay scale; and

(2) be considered county employees and members of the pension system in which a county employee is eligible for membership.

(e) (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 any other weapon that the State’s Attorney requires.

(f) The State’s Attorney:

(1) shall serve full time;

(2) may not engage in the private practice of law; and

(3) except in connection with performing the duties of the office, may not appear professionally in a criminal proceeding in the State.
Md. Code, Health - General § 15-110 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

The Department shall reimburse acute general and chronic care hospitals that participate in the Program for care provided to Program recipients in accordance with rates that the Health Services Cost Review Commission approves under Title 19, Subtitle 2 of this article, if the United States Department of Health and Human Services approves this method of reimbursement.
Md. Code, Environment § 15-401 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

(a) Each operator shall notify the Bureau immediately in the manner the Bureau prescribes if:

(1) Any change occurs in the name of the operator of a mine, an executive official concerned with its operation, or in the designation of the mine;

(2) A mine has been abandoned or work discontinued;

(3) Work has commenced for the purpose of opening a new mine. The notice shall include sketch maps outlining the plans intended to be pursued in the opening;

(4) The working of a mine is resumed after an abandonment or discontinuance for a period exceeding two months; or

(5) A squeeze, crush, or fire occurs, or a dangerous body of water, explosive, or noxious gas is found.

(b) Each operator shall obtain from the Bureau and keep accessible at the mine a supply of the printed laws, rules, regulations, notices, forms, and record books required by law. He shall see that this material is delivered to every worker.

(c) At least once a week, each operator shall require the superintendent or managing official in charge of the mine to examine, read, and countersign in ink any report the mine foreman enters in the mine record book. If the person finds on examination or otherwise that the law is being violated, he shall stop any violation immediately. Each operator shall require the superintendent or other managing official in charge of the mine, and any other official in whatever capacity, to comply with the provisions of this subtitle, and especially not to obstruct the mine foreman or any other official in the execution of his duties. The operator, or a representative other than the mine foreman, shall visit every working place in each mine once every 60 days in order to note the condition of each place.

(d) Each operator shall assist the Bureau and its officers in making any proper inspection. He shall execute promptly every proper order made under the provisions of this subtitle. An operator may not willfully neglect or refuse to obey any order, or interfere with the Bureau or any agent in the proper discharge of its or his duties.
Md. Code, Health - General § 15-109.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-109.2
§15–109.
Status: in_force

§15–109.2.

To the extent authorized by federal law or regulation, if a Program recipient who is at least 21 years old but is under the age of 65 years is incarcerated or is admitted to an institution for the treatment of mental disease, the Department:

(1) Shall suspend Program benefits for that individual while the individual is incarcerated or is in the institution; and

(2) May not terminate Program benefits for that individual based on the incarceration of the individual or on the admission of the individual to the institution.
Md. Code, Transportation § 15-1009 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1009
§15–1009.
Status: in_force

(a) (1) A manufacturer or distributor may terminate, cancel, or fail to renew a model, line–make, or dealer agreement with a dealer only for good cause.

(2) (i) The manufacturer or distributor has the burden of showing good cause for the termination or cancellation of or failure to renew a model, line–make, or dealer agreement with a dealer.

(ii) The determination of good cause shall be based on:

1. The extent of the dealer’s penetration into the relevant market area for the relevant model or line–make;

2. The nature and extent of the dealer’s investment in the dealer’s business;

3. The adequacy of the dealer’s service facilities, equipment, parts, supplies, and personnel;

4. The effect of the proposed action on the community;

5. The extent and quality of the dealer’s service under recreational vehicle warranties;

6. Any failure of the dealer to follow agreed–on procedures and standards related to the overall operation of the dealership consistent with the law and the dealer agreement; and

7. The dealer’s performance under the terms of the dealer agreement.

(b) On renewal of a dealer agreement, a manufacturer or distributor may not require additional inventory stocking requirements or increased sales targets in excess of the market growth in the dealer’s area of sales.

(c) (1) Except as otherwise provided in this subsection, a manufacturer or distributor shall provide a dealer with written notice at least 120 days before the termination, cancellation, or nonrenewal of a model, line–make, or dealer agreement.

(2) The notice shall state all reasons for the proposed termination, cancellation, or nonrenewal.

(3) (i) Within 30 days following receipt of the notice, a dealer may provide written notice of intent to rectify all claimed deficiencies.

(ii) If the deficiencies are rectified by the dealer within 120 days following the notice of intent to rectify, the manufacturer’s or distributor’s notice of termination is void.

(iii) Subject to paragraph (5) of this subsection, if a dealer fails to provide timely written notice of intent to rectify or fails to rectify within 120 days after notice of intent to rectify, the termination, cancellation, or nonrenewal of the dealer agreement shall take effect.

(4) The 120–day notice period shall be reduced to 30 days if the termination, cancellation, or nonrenewal is due to:

(i) A dealer or one of the dealer’s owners being convicted of, or entering a plea of nolo contendere to, a felony;

(ii) The abandonment or closing of the business operations of the dealer for 10 consecutive business days, unless the closing is due to a cause that is out of the dealer’s control;

(iii) A significant misrepresentation by a dealer materially affecting the business relationship; or

(iv) A suspension or revocation of a dealer’s license, or failure by a dealer to renew a dealer’s license.

(5) The notice provisions of this section do not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.

(d) (1) A dealer may terminate, cancel, or not renew a model, a line–make, or the dealer agreement with a manufacturer or distributor with or without good cause at any time by giving 30 days’ written notice to the manufacturer or distributor.

(2) (i) If the termination, cancellation, or nonrenewal of the model, line–make, or dealer agreement is for good cause, the dealer has the burden of showing good cause.

(ii) A determination of good cause may be based on:

1. A manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony;

2. The business operations having been abandoned or closed for 10 consecutive days, unless the closing is due to a cause that is out of the control of the manufacturer or distributor;

3. A significant misrepresentation by the manufacturer or distributor that materially affects the business relationship;

4. A declaration by the manufacturer or distributor of insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy;

5. A manufacturer’s or distributor’s material violation of the dealer agreement that is not cured within 120 days after written notice by the dealer;

6. A manufacturer or distributor coercing or attempting to coerce a dealer;

7. A manufacturer or distributor violating an area of sales protection or allowing other dealers to violate an area of sales protection; or

8. A material violation of this section that is not cured within 30 days after written notice of the violation by the dealer.

(e) If the dealer agreement is terminated, canceled, or not renewed by the dealer for good cause, within 45 days after the termination, cancellation, or nonrenewal, the manufacturer or distributor shall, at request of the dealer, repurchase:

(1) All new, unaltered, undamaged, and untitled recreational vehicles that were acquired from the manufacturer or distributor within 18 months before the termination, cancellation, or nonrenewal, at 100% of the invoice cost, including transportation costs, except that if any recreational vehicle is damaged, the amount due to the dealer shall be reduced by the cost to repair the damage;

(2) All new, undamaged accessories and proprietary parts with the original invoice sold to the dealer for resale within 12 months before the termination, cancellation, or nonrenewal of the dealer agreement, at 105% of the dealer’s original price paid; and

(3) Any properly functioning diagnostic equipment, specialty tools, current signage, or other equipment and machinery that was purchased within 5 years before the termination, cancellation, or nonrenewal and can no longer be used in the normal course of business, at 100% of the dealer’s original price paid, plus freight, destination, delivery, and any applicable tax.

(f) If the dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause, the manufacturer or distributor shall repurchase dealer inventory as provided in subsection (e) of this section.

(g) A dealer is not prohibited from selling the remaining in–stock inventory of a particular model or line–make after a dealer agreement has been terminated, canceled, or not renewed by the manufacturer or distributor.

(h) When taking on an additional line–make of a recreational vehicle, a dealer shall notify in writing any manufacturer or distributor with whom the dealer has a dealer agreement of a similar line–make at least 30 days before entering into a dealer agreement for the additional line–make.
Md. Code, Business Occupations and Professions § 15-304 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good character and reputation.

(c) An applicant for a license to practice land surveying shall meet the educational and experience requirements under § 15-305 of this subtitle.

(d) Except as otherwise provided in this subtitle, an applicant shall pass each examination required under this subtitle.
Md. Code, Land Use § 15-117 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-117
§15–117.
Status: in_force

(a) The Commission shall:

(1) maintain a minute or record book; and

(2) record its actions in the minute or record book in usual corporate form.

(b) (1) The votes of the commissioners shall be separately taken and recorded by yeas, nays, and abstentions, and the reasons for each abstention shall be recorded, with respect to any:

(i) action authorizing, modifying, or rescinding the adoption of a master plan;

(ii) approval of plats of subdivision;

(iii) approval of subdivision or other regulations;

(iv) recommendations on zoning map amendments; or

(v) zoning text amendments.

(2) The names of the commissioners voting or abstaining shall be included in the minute entry following a brief summary of the matter on which the vote was taken.

(c) The minute or record book shall be kept available and open to public inspection and copying during business hours in the Commission’s principal offices.
Md. Code, Land Use § 15-401 — MD Code / Article glu / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

There is an Audit Committee in the Commission.
Md. Code, Business Occupations and Professions § 15-306 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

(a) An applicant for a license shall:

(1) submit to the Board:

(i) an application on the form that the Board provides; and

(ii) any relevant document that the Board requires; and

(2) pay to the Board or the Board’s designee:

(i) a nonrefundable application fee set by the Board; and

(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examination.

(b) (1) The application form shall require:

(i) a statement about the education of the applicant;

(ii) a statement about the experience of the applicant in land or property line surveying;

(iii) a list of at least 5 references that, unless excused by the Board, shall include:

1. for a land surveyor applicant, at least 3 professional land surveyors who have personal knowledge of the applicant’s land surveying experience; and

2. for a property line surveyor applicant, at least 3 individuals, each of whom:

A. is either a professional land surveyor or a licensed property line surveyor; and

B. has personal knowledge of the applicant’s property line surveying experience; and

(iv) any other relevant information that the Board requires.

(2) An application shall be made under oath.

(c) If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
Md. Code, Health - General § 15-1001 — MD Code / Article ghg / Title 15 / Subtitle 10 / Section 15-1001
§15–1001.
Status: in_force

§15–1001. IN EFFECT

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

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

(b) “Eligible individual” means an individual who:

(1) Is a resident of Maryland;

(2) Is a Medicare beneficiary enrolled in the Medicare Part D Voluntary Prescription Drug Benefit Program or a Medicare Advantage Plan that provides Part D coverage;

(3) Is not enrolled in a health benefit plan, other than a Medicare Part D prescription drug plan or a Medicare Advantage Plan, that provides prescription drug benefits at the time that the individual applies for enrollment in the Program;

(4) Has an annual household income at or below 300% of the federal poverty guidelines;

(5) Is not eligible for a full federal low–income subsidy under 42 C.F.R. § 423.772; and

(6) Pays the premium, and copayments or coinsurance, for the Program.

(c) “Enrollee” means an individual enrolled in the Program.

(d) “Fund” means the Senior Prescription Drug Assistance Program Fund established under § 15–1004 of this subtitle.

(e) “Program” means the Senior Prescription Drug Assistance Program established under this subtitle.
Md. Code, Insurance § 15-10A-10 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-10
§15–10A–10.
Status: in_force

A carrier shall provide the notices required to be provided to members under this subtitle in a culturally and linguistically appropriate manner as described in the Affordable Care Act.
Md. Code, Transportation § 15-211 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

(a) A manufacturer, whether directly or through an agent, employee, affiliate, or representative, may not prevent, by contract or otherwise, any owner, partner, or stockholder of any dealership from transferring any ownership interest in the dealership to any other person.

(b) A distributor, whether directly or through an agent, employee, affiliate, or representative, may not prevent, by contract or otherwise, any owner, partner, or stockholder of any dealership from transferring any ownership interest in the dealership to any other person.

(c) A factory branch, whether directly or through an agent, employee, affiliate, or representative, may not prevent, by contract or otherwise, any owner, partner, or stockholder of any dealership from transferring any ownership interest in the dealership to any other person.

(d) (1) A dealer or an owner, partner, or stockholder of a dealership may not sell, assign, or otherwise transfer a franchise or any right under a franchise without the consent of the manufacturer.

(2) Notwithstanding the terms of any franchise agreement or agreement related to a franchise, a manufacturer may not exercise a right of first refusal in the event of a sale or transfer or proposed sale or transfer of a dealer’s business or any equity interest in a dealer’s business to a person who meets the manufacturer’s reasonable qualifications for ownership and is:

(i) A member of the dealer’s immediate family;

(ii) A qualified manager with at least 2 years management experience at the dealer’s business;

(iii) An existing dealer in good standing; or

(iv) A business entity controlled by a person described in item (i), (ii), or (iii) of this paragraph.

(3) If a manufacturer exercises a right of first refusal in the event of a sale or transfer or proposed sale or transfer of the dealer’s business or an equity interest in the dealer’s business, the manufacturer shall pay the reasonable expenses, including customary attorney’s fees, incurred by the prospective purchaser in negotiating and implementing the contract for the proposed sale or transfer, provided that the dealer has given the manufacturer at least 45 days’ notice of an intent to sell or transfer.

(e) (1) A manufacturer may not unreasonably withhold consent to the transfer of a franchise under subsection (d) of this section.

(2) If an owner, partner, or stockholder of a dealership seeks to sell, assign, or otherwise transfer a franchise or any right under a franchise, the owner, partner, or stockholder shall provide written notice to the manufacturer of the proposed transfer.

(3) Within 20 days after a manufacturer receives written notice of a proposed transfer from a transferor, the manufacturer shall provide the transferor with all forms and requests for information that the manufacturer considers necessary to evaluate the proposed transfer.

(4) Within 75 days after a manufacturer receives all completed forms and requested information from a transferor, the manufacturer shall:

(i) Give consent to the transfer; or

(ii) Provide a written statement of the specific grounds for its refusal to consent to the transfer, consistent with the requirements under subsection (k) of this section.

(f) (1) A dealer or an owner, partner, or stockholder of a dealership may not sell, assign, or otherwise transfer a franchise or any right under a franchise without the consent of the distributor.

(2) Notwithstanding the terms of any agreement related to the franchise, a distributor may not exercise a right of first refusal in the event of a sale or transfer or proposed sale or transfer of a dealer’s business or any equity interest in a dealer’s business to a person who meets the distributor’s reasonable qualifications for ownership and is:

(i) A member of the dealer’s immediate family;

(ii) A qualified manager with at least 2 years management experience at the dealer’s business;

(iii) An existing dealer in good standing; or

(iv) A business entity controlled by a person described in item (i), (ii), or (iii) of this paragraph.

(3) If a distributor exercises a right of first refusal in the event of a sale or transfer or proposed sale or transfer of the dealer’s business or an equity interest in the dealer’s business, the distributor shall pay the reasonable expenses, including customary attorney’s fees, incurred by the prospective purchaser in negotiating and implementing the contract for the proposed sale or transfer, provided that the dealer has given the distributor at least 45 days’ notice of an intent to sell or transfer.

(g) However, the distributor may not unreasonably withhold consent to the transfer of a franchise under subsection (f) of this section.

(h) (1) A dealer or an owner, partner, or stockholder of a dealership may not sell, assign, or otherwise transfer a franchise or any right under a franchise without the consent of the factory branch.

(2) Notwithstanding the terms of any agreement related to the franchise, a factory branch may not exercise a right of first refusal in the event of a sale or transfer or proposed sale or transfer of a dealer’s business or any equity interest in a dealer’s business to a person who meets the factory branch’s reasonable qualifications for ownership and is:

(i) A member of the dealer’s immediate family;

(ii) A qualified manager with at least 2 years management experience at the dealer’s business;

(iii) An existing dealer in good standing; or

(iv) A business entity controlled by a person described in item (i), (ii), or (iii) of this paragraph.

(3) If a factory branch exercises a right of first refusal in the event of a sale or transfer or proposed sale or transfer of the dealer’s business or an equity interest in the dealer’s business, the factory branch shall pay the reasonable expenses, including customary attorney’s fees, incurred by the prospective purchaser in negotiating and implementing the contract for the proposed sale or transfer, provided that the dealer has given the factory branch at least 45 days’ notice of an intent to sell or transfer.

(i) However, the factory branch may not unreasonably withhold consent to the transfer of a franchise under subsection (h) of this section.

(j) A manufacturer, distributor, or factory branch may not impose a condition on the approval of the sale or transfer of the ownership of a dealership, by the sale of the business, stock transfer, or otherwise, if the condition would violate the provisions of this title if imposed on an existing dealer.

(k) (1) A manufacturer, distributor, or factory branch violates this section if, without a statement of specific grounds consistent with this title for the action, the manufacturer, distributor, or factory branch takes action to prevent or refuse to approve:

(i) The sale, assignment, or transfer of the ownership of a dealership by the sale of the business, stock transfer, or otherwise;

(ii) The sale, transfer, or assignment of a dealer franchise; or

(iii) A change in the executive management or principal operator of the dealership.

(2) (i) An existing dealer denied the sale, assignment, transfer, or change under this section may request that the Administrator conduct a hearing to review the denial or the imposition of a condition in violation of this section.

(ii) If the Administrator finds that the action leading to the denial or the imposition of a condition was in violation of this section, the Administrator may order the sale, assignment, or transfer to be approved by the manufacturer, distributor, or factory branch without imposition of the condition.

(3) (i) An applicant for approval of a sale, assignment, or transfer of ownership of a dealership or an existing dealer denied the sale, assignment, or transfer may institute an action for damages in the circuit court for the county in which the dealer’s principal place of business is located, if:

1. The existing dealer does not request a hearing by the Administrator; and

2. The action taken in violation of this section to deny the sale, assignment, or transfer of ownership or the change in executive management or the condition imposed on the sale, assignment, or transfer is the proximate cause of the failure of the contract for the sale, assignment, or transfer of ownership of the dealership.

(ii) An action for damages under this section must be instituted within 2 years of the violation of this section.
Md. Code, Education § 15-106.9 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.9
§15–106.
Status: in_force

§15–106.9.

(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 12 consecutive months to be considered a resident and receive in–State tuition status.

(b) For in–State tuition purposes, a public senior higher education institution shall waive the in–State residency requirement for an individual who has completed:

(1) All service hours for an AmeriCorps Program in the State; or

(2) A service program under the Maryland Corps Program under Title 21, Subtitle 2 of the State Government Article.

(c) A student is responsible for the difference between in–State and out–of–state tuition if the student does not retain residence in the State for the remainder of the school year for which in–State tuition was received.
Md. Code, Estates and Trusts § 15-606 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:

(1) A written request for disclosure in physical or electronic form;

(2) A copy of the certificate of the user’s death;

(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator;

(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and

(5) If requested by the custodian:

(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(ii) Evidence linking the account to the user; or

(iii) A finding by the court that:

1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;

2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;

3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Md. Code, Insurance § 15-1221 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1221
§15–1221.
Status: in_force

(a) On or before the last day of February of each year, the Board shall determine and report to the Commissioner the net loss of the Pool for the previous calendar year, including administrative expenses and incurred losses for the year, taking into account investment income and other appropriate gains and losses.

(b) Any net loss for the year shall be recouped by assessments imposed on reinsuring carriers.

(c) (1) As part of the plan of operation, the Board shall establish a formula to make assessments against reinsuring carriers.

(2) The assessment formula shall be based on:

(i) each reinsuring carrier’s share of the total premiums earned in the preceding calendar year from health benefit plans that are delivered or issued for delivery to small employers in the State by reinsuring carriers; and

(ii) each reinsuring carrier’s share of the premiums earned in the preceding calendar year from newly issued health benefit plans that are delivered or issued for delivery during that calendar year to small employers in the State by reinsuring carriers.

(3) The assessment formula may not result in an assessment share for a reinsuring carrier that is less than 50% nor more than 150% of an amount that is based on the proportion of the reinsuring carrier’s total premiums earned in the preceding calendar year from health benefit plans that are delivered or issued for delivery to small employers in the State to total premiums earned by all reinsuring carriers in the preceding calendar year from health benefit plans that are delivered or issued for delivery to small employers in the State.

(4) As appropriate and with the approval of the Commissioner, the Board may change the assessment formula established in accordance with this subsection.

(5) The Board may provide for assessment shares attributable to premiums from all health benefit plans and to premiums from newly issued health benefit plans to vary during a transition period.

(6) Subject to approval by the Commissioner, the Board shall make an adjustment to the assessment formula for reinsuring carriers that are approved health maintenance organizations and that are federally qualified under the Health Maintenance Organization Act of 1973 to the extent that restrictions are imposed on the health maintenance organizations that are not imposed on other carriers.

(7) Premiums and benefits paid by a reinsuring carrier that are less than an amount determined by the Board to justify the cost of collection may not be considered in determining assessments.

(d) (1) On or before the last day of February of each year, the Board shall determine and file with the Commissioner an estimate of the assessments needed to fund the losses incurred by the Pool in the previous calendar year.

(2) If the Board determines that the assessments needed to fund the losses incurred by the Pool in the previous calendar year will exceed 5% of the total premiums earned that year from health benefit plans that are delivered or issued for delivery in the State, the Board shall evaluate the operation of the Pool and report its findings to the Commissioner within 90 days after the end of the calendar year in which the losses were incurred.

(3) The evaluation required under paragraph (2) of this subsection shall include:

(i) any recommendations for changes to the plan of operation;

(ii) an estimate of future assessments;

(iii) the administrative costs of the Pool;

(iv) the appropriateness of the premiums charged;

(v) the level of insurer retention under the Pool; and

(vi) the costs of coverage for small employers.

(4) If the Board fails to file the report with the Commissioner within 90 days after the end of the applicable calendar year, the Commissioner may evaluate the operations of the Pool and implement amendments to the plan of operation that the Commissioner considers necessary to reduce future losses and assessments.

(e) If assessments exceed net losses of the Pool, the excess shall be held in an interest-bearing account and used by the Board to offset future losses, including reserves for incurred but not reported claims, or to reduce Pool premiums.

(f) The Board annually shall determine the assessment share of each reinsuring carrier based on annual statements and other reports that the Board considers necessary and that reinsuring carriers file with the Board.

(g) The plan of operation shall provide for imposition of an interest penalty for late payment of assessments.

(h) (1) (i) A reinsuring carrier may seek from the Commissioner a deferment from all or part of an assessment imposed by the Board.

(ii) The request for deferment shall be made in writing to the Commissioner within 15 days after receipt of the assessment notice.

(2) The Commissioner may defer all or part of the assessment of a reinsuring carrier if the Commissioner determines that payment of the assessment would place the reinsuring carrier in a financially impaired condition.

(3) (i) Any amount deferred shall be assessed against the other reinsuring carriers in a manner consistent with the basis for assessment set forth in this section.

(ii) The reinsuring carrier receiving the deferment remains liable to the Pool for the amount deferred and may not reinsure any individuals or groups in the Pool until it pays that amount.
Md. Code, Economic Development § 15-101 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Financial assistance” means a grant or loan from the Fund.

(c) “Fund” means the Baltimore City Community Enhancement Transit–Oriented Development Fund.

(d) “Qualified project area” means a community that is:

(1) located in Baltimore City; and

(2) directly impacted by and within 0.5 miles of the boundary of a development that has been designated as a transit–oriented development.

(e) “Qualified recipient” means an entity that is based in and serves a qualified project area and is:

(1) a nonprofit community–based organization that has experience in making physical, human capital, and economic investments to rebuild communities; or

(2) a community development corporation.

(f) “Transit–oriented development” has the meaning stated in § 7–101 of the Transportation Article.
Md. Code, State Finance and Procurement § 15-106 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

The Governor shall resolve a dispute among units as to which unit is responsible for a delayed payment under a procurement contract.
Md. Code, Alcoholic Beverages and Cannabis § 15-401 — MD Code / Article gab / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

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

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

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

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

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

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

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

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

(8) § 2–209 (“Class 7 micro–brewery license”);

(9) § 2–210 (“Class 8 farm brewery license”);

(10) § 2–211 (“Residency requirement”);

(11) § 2–212 (“Additional licenses”);

(12) § 2–213 (“Additional fees”);

(13) § 2–214 (“Sale or delivery restricted”);

(14) § 2–215 (“Beer sale on credit to retail dealer prohibited”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–208 (“Class 6 pub–brewery license”) of Division I of this article does not apply in the county.
Md. Code, Environment § 15-813 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-813
§15–813.
Status: in_force

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

(2) “Dewater” or “dewatering” means to pump water out of a pit.

(3) “Karst terrain” means an irregular topography that is:

(i) Caused by a solution of limestone and other carbonate rock; and

(ii) Characterized by closed depressions, sinkholes, caverns, solution cavities, and underground channels that, partially or completely, may capture surface streams.

(4) “Lineaments” means the surface manifestation of cracks, fissures, fractures, and zones of weakness that, generally, are observable on aerial photographs as straight or nearly straight lines.

(b) (1) If a permittee is issued a water appropriation permit under § 5–502 of this article to dewater a pit located in karst terrain in Baltimore, Carroll, Frederick, and Washington counties, the Department shall establish, as a condition of the permittee’s surface mining permit under § 15–810 of this subtitle, a zone of dewatering influence around the surface mine.

(2) The areal extent of the zone of dewatering influence shall be based, as appropriate, on local topography, watersheds, aquifer limits, and other hydrogeologic factors, including the occurrence of natural fractures, cracks, crevices, lineaments, igneous dikes, changes in rock type, and variations in the water–bearing characteristics of formations.

(3) The Department shall develop and publish on its website for use by the public a searchable map of zones of dewatering influence established by the Department under this subsection.

(c) (1) Within the zone of dewatering influence established under subsection (b)(1) of this section, the permittee shall:

(i) Replace, at no expense to the owner of real property that is affected by the surface mine dewatering, a water supply that fails as a result of declining ground water levels;

(ii) On discovery of a sudden subsidence of the surface of the land, immediately implement appropriate safety measures to protect public health and safety; and

(iii) On a determination by the Department of proximate cause after the permittee has received proper notice and an opportunity to respond and provide information, pay monetary compensation to the affected property owner or repair any property damage caused as a result of the sudden subsidence of the surface of the land.

(2) A permittee shall permanently replace a water supply under paragraph (1)(i) of this subsection within 45 days of the date on which the permittee knew of the water supply failure.

(d) (1) An individual domestic water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well that is capable of meeting the minimum yield requirements established in regulations adopted by the Department of the Environment during the period of pit dewatering.

(2) A municipal, industrial, commercial, institutional, or farming water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well or other alternative water supply that is capable of yielding water equal to the volume used or needed by the property owner before the disruption of water supply.

(e) (1) Real or personal property within the zone of dewatering influence in karst terrain in Baltimore, Carroll, Frederick, and Washington counties found by the Department to have been damaged as a result of sudden land surface subsidence shall be considered to be repaired adequately by a permittee if the permittee returns the damaged property to its condition before the subsidence of the surface of the land.

(2) If the damaged real or personal property is not capable of being restored to its pre–subsidence condition, the permittee shall compensate the owner of the real or personal property monetarily by the difference of the fair market value of the property as the property would exist but for the sudden land subsidence, and the fair market value of the property as a result of the damage.

(3) Notwithstanding the other provisions of this subsection, the permittee and the property owner may agree on monetary compensation or other mitigation in lieu of restoration.

(f) (1) The Department may not require a permittee to replace water supplies, as provided in this section, if the permittee demonstrates to the Department by clear and convincing evidence that the proximate cause of the loss of water supply is not the result of pit dewatering.

(2) The permittee may seek reimbursement for the cost of a water supply replacement from the owner of real property that is affected by the surface mine dewatering if after the permittee replaces the water supply it is determined that the permittee’s dewatering activity is not the proximate cause of the water supply failure.

(g) (1) The Department shall provide opportunity for a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) This subsection may not be construed to stay the requirement to permanently replace a water supply or implement appropriate safety measures in accordance with subsection (c) of this section.

(h) The Department shall adopt regulations to establish an administrative process to expedite the resolution of water supply loss or property damage claims arising under this section.

(i) Compensation, restoration, or mitigation provided by this section does not apply to:

(1) Improvements that are made to real property within an established zone of dewatering influence following a final decision by the Department to issue a surface mining permit; or

(2) Improvements that are made to real property following the establishment of a zone of dewatering influence as a condition of an existing surface mine permit.
Md. Code, Environment § 15-403 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) The operator of every gassy mine shall employ a sufficient number of fire bosses. Each fire boss shall satisfy the operator of his competence, and shall have first obtained a certificate of competence from the examining authority as prescribed in this title.

(b) Any mine foreman holding a first-class certificate of competency may act as fire boss. In an emergency, any fire boss, properly certified, may act as assistant mine foreman until a regularly qualified person is employed.

(c) The operator shall provide a permanent station at or near the principal entrance of the mine, indicated plainly by legible signs, where the fire boss shall give information regarding the state of the mine to each worker before he goes on his shift. When the working portion of any mine is 1 mile or more from the entrance to the mine or from the bottom of the shaft or slope, a station, with the approval of the district mine inspector, may be located near the workings. No one, except the mine foreman, fire boss, or someone expressly authorized in an emergency, may pass beyond the station until every part of the mine has been examined and reported safe. The fire boss may not permit any unauthorized person to enter into or remain in any portion of a mine through which a dangerous accumulation of gas is being passed into the ventilating current from any portion of the mine. He shall report any violation of this provision to the mine foreman. When the station of the fire boss is located at a distance within the mine convenient to portions being worked, the operator shall wall off any abandoned workings, whether finished or not, from the main intake and manway heading or passageway of the mine by a stopping of masonry or concrete, sufficiently heavy to keep explosive or noxious gas from entering the intake air at any point between the fire bosses’ station and the entrance to the mine.

(d) Suitable duplicate record books shall be kept at the mine office on the surface and at the fire bosses’ permanent station. They shall be accessible to the district mine inspector and any worker at the mine. The fire boss shall enter and sign in ink a full daily report of each day’s examination stating clearly the approximate amount and location of explosive or noxious gas in the mine. The report also shall state clearly the nature and location of any danger discovered in any place in the mine, and whether it has been reported immediately to the mine foreman. The mine foreman shall read and countersign the report each day.

(e) A fire boss may not neglect to make any examination required, fail to report any danger discovered, knowingly report falsely on any condition within the mine, or fail or neglect to make the reports required.
Md. Code, Education § 15-106 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

Each governing board shall develop a policy for the waiver of tuition, and may develop a policy for the waiver of room and board, for faculty and employees of public institutions of higher education and their children who attend public institutions of higher education in the State.
Md. Code, Insurance § 15-928 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-928
§15–928.
Status: in_force

This subtitle is the Medicare Supplement Act.
Md. Code, Insurance § 15-129 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-129
§15–129.
Status: in_force

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

(2) “Aggregate attachment point” means the percentage of expected claims in a policy year above which the medical stop–loss insurer assumes all or part of the liability for losses incurred by the insured.

(3) “Carrier” means:

(i) an insurer; or

(ii) a nonprofit health service plan.

(4) “Expected claims” means the amount of claims that, in the absence of medical stop–loss insurance, are projected to be incurred by the insured using reasonable and accepted actuarial principles.

(5) “Medical stop–loss insurance” means insurance, other than reinsurance, that is purchased by a person, other than a carrier or a health care provider, to protect the person against catastrophic, excess, or unexpected losses incurred by that person’s obligations to third parties under the terms of a health benefit plan.

(6) “Medical stop–loss insurer” means a carrier that is authorized to sell, issue, and deliver policies of medical stop–loss insurance in the State.

(7) “Small employer” has the meaning stated in § 31–101 of this article.

(8) “Specific attachment point” means the dollar amount in losses attributable to a single individual in a policy year beyond which the medical stop–loss insurer assumes all or part of the liability for losses incurred by the insured.

(b) Subject to subsection (d)(2) of this section, this section applies to each medical stop–loss insurer and each medical stop–loss insurance policy or contract that is delivered or issued for delivery in the State.

(c) Medical stop–loss insurance may only be sold, issued, or delivered in the State by a carrier that holds a certificate of authority issued by the Commissioner that authorizes the carrier to engage in the business of health insurance or to act as a nonprofit health service plan.

(d) (1) Except as provided in paragraph (2) of this subsection, a medical stop–loss insurer may not issue, renew, deliver, or offer a policy or contract of medical stop–loss insurance, if the policy or contract has:

(i) a specific attachment point of less than $22,500; or

(ii) an aggregate attachment point of less than 120% of expected claims.

(2) This subsection does not apply to:

(i) a policy or contract of medical stop–loss insurance issued or delivered before June 1, 2015, if the policy or contract maintains:

1. a specific attachment point of no less than $10,000; and

2. an aggregate attachment point of no less than 115% of expected claims;

(ii) a renewal of a policy or contract described in item (i) of this paragraph; or

(iii) a policy or contract of medical stop–loss insurance issued or delivered on or after June 1, 2015, if the policy or contract:

1. is issued or delivered to an employer that on May 31, 2015, held a policy or contract of medical stop–loss insurance with:

A. a specific attachment point of not less than $10,000; and

B. an aggregate attachment point of not less than 115% of expected claims; and

2. maintains:

A. a specific attachment point of not less than $10,000; and

B. an aggregate attachment point of not less than 115% of expected claims.

(e) For a stop–loss insurance policy or contract issued to a small employer, a medical stop–loss insurer may not:

(1) (i) impose higher cost sharing for a specific individual within a small employer’s health benefit plan than is required for other individuals within the small employer’s health benefit plan; or

(ii) decrease or remove stop–loss coverage for a specific individual within a small employer’s health benefit plan; or

(2) exclude any employee or dependent from a policy or contract on the basis of an actual or expected health status–related factor or condition, including:

(i) physical or behavioral health, including mental illness or substance use disorder;

(ii) claims experience;

(iii) medical history;

(iv) receipt of health care;

(v) genetic information;

(vi) disability;

(vii) evidence of insurability, including conditions arising out of acts of domestic violence against an employee or dependent; or

(viii) any other health status–related factor as determined by the Commissioner.

(f) For a stop–loss insurance policy or contract issued to a small employer, a medical stop–loss insurer shall:

(1) guarantee rates for at least 12 months, without adjustment, unless there is a change in:

(i) the benefits provided under the small employer’s health benefit plan during the policy or contract period;

(ii) the ownership and control of the small employer; or

(iii) the number of covered lives by a significant percentage resulting from an event such as an acquisition or a divestiture;

(2) pay stop–loss claims incurred during the policy or contract period and submitted within 12 months after the expiration date of the policy or contract; and

(3) disclose to the small employer, in a form and manner approved by the Commissioner and before entering into a policy or contract for medical stop–loss insurance:

(i) the total costs of the policy or contract;

(ii) 1. the dates on which the policy or contract takes effect and terminates; and

2. provisions for renewing the policy or contract;

(iii) the aggregate attachment point and the specific attachment point for the policy or contract; and

(iv) any limitations on coverage.

(g) A medical stop–loss insurer who offers or issues a medical stop–loss insurance policy or contract that does not meet the requirements of this section shall be subject to the sanctions set forth in § 4–113 of this article for authorized insurers and § 4–212 of this article for unauthorized insurers.

(h) Nothing in this section shall be construed as:

(1) imposing any requirement or duty on any person other than a carrier; or

(2) treating any medical stop–loss insurance policy as a policy of individual, group, or blanket health insurance covering the participants in the underlying health benefit plan.
Md. Code, Health - General § 15-601 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) “Board” means the State Board of Pharmacy.

(c) “Dispense” means to provide:

(1) A prescription drug or medical supply in accordance with a prescription; or

(2) An over–the–counter drug or medical supply.

(d) “Drop–off site” means a pharmacy, other health care facility, or other entity participating in a drug donation or repository program and designated by the Board that:

(1) Has voluntarily agreed to accept donated prescription drugs, over–the–counter drugs, or medical supplies;

(2) Is located within the State or in another state; and

(3) Does not have a final disciplinary order issued against it by a health occupations board.

(e) “Eligible patient” means an individual who, through self–attestation, is indigent, uninsured, underinsured, or enrolled in a public health benefits program.

(f) “Program” means the Prescription Drug Repository Program.

(g) “Repository” means a licensed pharmacy that:

(1) If the licensed pharmacy is located in the State, does not have a final disciplinary order issued against it by the Board of Pharmacy;

(2) Has voluntarily agreed to participate in the Program;

(3) Is located in the State or in another state; and

(4) Has been approved by the Board to:

(i) Accept donated prescription drugs, over–the–counter drugs, or medical supplies from a designated drop–off site;

(ii) Dispense the donated prescription drugs, over–the–counter drugs, or medical supplies to eligible patients; or

(iii) Dispose of prescription drugs, over–the–counter drugs, or medical supplies not accepted for dispensing to eligible patients.

(h) “Tamper–evident packaging” means a packaging system that:

(1) May involve an immediate–container and closure system, secondary–container or carton system, tertiary–container system, or other combination of systems intended to provide a visual indication of package integrity;

(2) May contain unit–dose or multi–dose contents; and

(3) Has one or more indicators or barriers to entry that:

(i) If breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred; and

(ii) If handled in a reasonable manner during manufacture, distribution, or retail display, is designed to remain intact.
Md. Code, Estates and Trusts § 15-106 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) The following investments shall be lawful investments for any person:

(1) Debentures issued by federal intermediate credit banks or by banks for cooperatives;

(2) Bonds issued by federal land banks or by the Federal Home Loan Bank Board;

(3) Mortgages, bonds, or notes secured by a mortgage or deed of trust, or debentures issued by the Federal Housing Administration;

(4) Obligations of national mortgage associations;

(5) Shares, free-share accounts, certificates of deposit, or investment certificates of any insured financial institution, as defined in § 13-301(h) of this article;

(6) Bonds or other obligations issued by a housing authority pursuant to the provisions of Division II of the Housing and Community Development Article, or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States or any agency of the United States;

(7) Obligations issued or guaranteed by the International Bank for Reconstruction and Development;

(8) Obligations issued or guaranteed by the African Development Bank;

(9) Obligations issued or guaranteed by the International Finance Corporation; or

(10) United States government obligations, whether invested in directly, or in the form of securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., if:

(i) The portfolio of the open-end or closed-end management type investment company or investment trust is limited to direct obligations of the United States government and to repurchase agreements fully collateralized by United States government obligations; and

(ii) The open-end or closed-end management type investment company or investment trust takes delivery of that collateral, either directly or through an authorized custodian.

(b) (1) In this subsection, “affiliate” has the meaning stated in 12 U.S.C. § 1841.

(2) A trust company in its fiduciary capacity may deposit in the trust company or in a financial institution that is an affiliate of the trust company funds awaiting investment or distribution unless the agreement or instrument that gives the trust company investment authority provides to the contrary.

(3) A trust company in its fiduciary capacity may purchase bonds of the State or of any political subdivision of the State underwritten in whole or in part by the trust company or a financial institution that is an affiliate of the trust company unless the agreement or instrument that gives the trust company investment authority provides to the contrary.

(c) (1) Subject to the provisions of paragraph (2) of this subsection, a corporate fiduciary may invest and reinvest fiduciary funds and other funds over which the corporate fiduciary has investment discretion in securities of, or other interests in, a no-load open-end or closed-end management type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940 that does not impose a contingent deferred sales charge or distribution charge on that investment or reinvestment.

(2) The provisions of paragraph (1) of this subsection apply even if the corporate fiduciary or an affiliate of the corporate fiduciary provides services as investment adviser or manager, sponsor, distributor, custodian, transfer agent, registrar, or similar related services to the investment company or investment trust and receives reasonable compensation for those services if:

(i) The investment is authorized by the agreement or instrument that gives the corporate fiduciary investment authority, or by court order; or

(ii) The corporate fiduciary discloses to its principal or, if the assets are held in trust, to any current income beneficiaries of the trust:

1. The services provided by the corporate fiduciary or its affiliate to the investment company or investment trust; and

2. The rate, formula, or other method by which compensation paid to the corporate fiduciary or its affiliate is determined.

(d) Any person holding a mortgage or other lien on property may exchange it, prior or subsequent to maturity, for any other lawful investment.

(e) This section shall not be construed as relieving any person from any duty of exercising reasonable care in selecting securities.

(f) No general, local, or special law which is inconsistent with this section shall have any effect.

(g) This section shall not be construed to make unlawful any investment not listed in this section.
Md. Code, Estates and Trusts § 15-304 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:

(1) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or

(2) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate.

(b) A corporation or transfer agent may adopt standards with respect to evidence of appointment or incumbency under subsection (a) of this section if the standards are not manifestly unreasonable.

(c) Neither the corporation nor transfer agent is charged with notice of the contents of a document obtained pursuant to this section except to the extent that the contents relate directly to the appointment or incumbency.
Md. Code, Insurance § 15-843 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-843
§15–843.
Status: in_force

(a) This section applies to:

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

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

(b) (1) Subject to paragraph (2) of this subsection, a policy or plan subject to this section shall include, under the family member coverage, coverage for amino acid–based elemental formula, regardless of delivery method, for the diagnosis and treatment of:

(i) Immunoglobulin E and non–Immunoglobulin E mediated allergies to multiple food proteins;

(ii) severe food protein induced enterocolitis syndrome;

(iii) eosinophilic disorders, as evidenced by the results of a biopsy; and

(iv) impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract.

(2) Subject to paragraph (3) of this subsection, the coverage required under paragraph (1) of this subsection is required if the ordering physician has issued a written order stating that the amino acid–based elemental formula is medically necessary for the treatment of a disease or disorder listed in paragraph (1) of this subsection.

(3) In accordance with Subtitle 10A of this title, a private review agent, acting on behalf of an insurer, nonprofit health service plan, or health maintenance organization, may review the ordering physician’s determination of the medical necessity of the amino acid–based elemental formula for the treatment of a disease or disorder listed in paragraph (1) of this subsection.
Md. Code, Insurance § 15-10B-10 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-10
§15–10B–10.
Status: in_force

(a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a 2-year term as provided in this section.

(b) Before the certificate expires, a certificate may be renewed for an additional 2-year term if the applicant:

(1) otherwise is entitled to the certificate;

(2) pays to the Commissioner the renewal fee set by the Commissioner through regulation; and

(3) submits to the Commissioner:

(i) a renewal application on the form that the Commissioner requires; and

(ii) satisfactory evidence of compliance with any requirement under this subtitle for certificate renewal.

(c) If the requirements of this section are met, the Commissioner shall renew a certificate.
Md. Code, Transportation § 15-314 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-314
§15–314.
Status: in_force

(a) A dealer or an agent or employee of a dealer may not misrepresent any material fact in obtaining a license.

(b) A dealer or an agent or employee of a dealer may not conduct a dealership in any name other than the one in which the dealer is licensed.

(c) A dealer or an agent or employee of a dealer may not willfully fail to notify the Administration of any change of ownership, management, business name, or location or of the employment of vehicle salesmen, as required by this title.

(d) A dealer or an agent or employee of a dealer may not do any vehicle sales business with or through any person required to be licensed under this title if he knows that the person is not licensed.

(e) A dealer or an agent or employee of a dealer may not sell any new motor vehicle, or new two–stage motor vehicle unless the manufacturer or distributor of the vehicle is licensed as required by this title.

(f) A dealer or an agent or employee of a dealer may not willfully fail to comply with any rule, regulation, or lawful order adopted by the Administration under this title.

(g) A dealer or an agent or employee of a dealer may not willfully violate any of the dealer licensing laws of this State.

(h) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Insurance § 15-918 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-918
§15–918.
Status: in_force

(a) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for individuals eligible for Medicare by reason of age, which is intended to improve the buyer’s ability to choose the most appropriate coverage and to improve the buyer’s understanding of Medicare.

(b) Except for direct response insurance policies, the Commissioner may require by regulation that the informational brochure be provided to each prospective insured eligible for Medicare at the time of delivery of the outline of coverage.

(c) For direct response insurance policies, the Commissioner may require by regulation that the informational brochure be provided on request to a prospective insured eligible for Medicare by reason of age, but not later than the time of delivery of the policy.
Md. Code, Transportation § 15-515 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-515
§15–515.
Status: in_force

Except as otherwise provided in this subtitle, a person convicted of a violation of this subtitle is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Insurance § 15-826.3 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-826.3
§15–826.
Status: in_force

§15–826.3.

(a) In this section, “fertility awareness–based methods” means methods of identifying times of fertility and infertility by an individual to avoid pregnancy, including:

(1) cervical mucus methods;

(2) sympto–thermal or sympto–hormonal methods;

(3) the standard days method; and

(4) the lactational amenorrhea method.

(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 instruction by a licensed health care provider on fertility awareness–based methods.

(d) Except with respect to a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act, an entity subject to this section may not apply a copayment, coinsurance requirement, or deductible to the coverage required under this section.
Md. Code, Insurance § 15-847 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-847
§15–847.
Status: in_force

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

(2) (i) “Complex or chronic medical condition” means a physical, behavioral, or developmental condition that:

1. may have no known cure;

2. is progressive; or

3. can be debilitating or fatal if left untreated or undertreated.

(ii) “Complex or chronic medical condition” includes:

1. multiple sclerosis;

2. hepatitis C; and

3. rheumatoid arthritis.

(3) “Managed care system” means a system of cost containment methods that an insurer, a nonprofit health service plan, or a health maintenance organization uses to review and preauthorize drugs prescribed by a health care provider for a covered individual to control utilization, quality, and claims.

(4) (i) “Rare medical condition” means a disease or condition that affects fewer than:

1. 200,000 individuals in the United States; or

2. approximately 1 in 1,500 individuals worldwide.

(ii) “Rare medical condition” includes:

1. cystic fibrosis;

2. hemophilia; and

3. multiple myeloma.

(5) (i) “Specialty drug” means a prescription drug that:

1. is prescribed for an individual with a complex or chronic medical condition or a rare medical condition;

2. costs $600 or more for up to a 30–day supply;

3. is not typically stocked at retail pharmacies; and

4. A. requires a difficult or unusual process of delivery to the patient in the preparation, handling, storage, inventory, or distribution of the drug; or

B. requires enhanced patient education, management, or support, beyond those required for traditional dispensing, before or after administration of the drug.

(ii) “Specialty drug” does not include a prescription drug prescribed to treat diabetes, HIV, or AIDS.

(b) This section applies to:

(1) 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

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

(c) (1) Subject to paragraph (2) of this subsection, an entity subject to this section may not impose a copayment or coinsurance requirement on a covered specialty drug that exceeds $150 for up to a 30–day supply of the specialty drug.

(2) On July 1 of each year, the limit on the copayment or coinsurance requirement on a covered specialty drug shall increase by a percentage equal to the percentage change from the preceding year in the medical care component of the March Consumer Price Index for All Urban Consumers, Washington Metropolitan Area, from the U.S. Department of Labor, Bureau of Labor Statistics.

(d) Subject to subsection (h) of this section and § 15–805 of this subtitle, notwithstanding § 15–806 of this subtitle, and except as provided in § 15–847.2 of this subtitle, this article or regulations adopted under this article do not preclude an entity subject to this section from requiring a covered specialty drug to be obtained through:

(1) a designated pharmacy or other source authorized under the Health Occupations Article to dispense or administer prescription drugs; or

(2) a pharmacy participating in the entity’s provider network, if the entity determines that the pharmacy:

(i) meets the entity’s performance standards; and

(ii) accepts the entity’s network reimbursement rates.

(e) (1) A pharmacy registered under § 340B of the federal Public Health Services Act may apply to an entity subject to this section to be a designated pharmacy under subsection (d)(1) of this section for the purpose of enabling the pharmacy’s patients with hepatitis C to receive the copayment or coinsurance maximum provided for in subsection (c) of this section if:

(i) the pharmacy is owned by a federally qualified health center, as defined in 42 U.S.C. § 254B;

(ii) the federally qualified health center provides integrated and coordinated medical and pharmaceutical services to hepatitis C patients; and

(iii) the prescription drugs are covered specialty drugs for the treatment of hepatitis C.

(2) An entity subject to this section may not unreasonably withhold approval of a pharmacy’s application under paragraph (1) of this subsection.

(f) An entity subject to this section may provide coverage for specialty drugs through a managed care system.

(g) (1) A determination by an entity subject to this section that a prescription drug is not a specialty drug is considered a coverage decision under § 15–10D–01 of this title.

(2) For complaints filed with the Commissioner under this subsection, if the entity made its determination that a prescription drug is not a specialty drug on the basis that the prescription drug did not meet the criteria listed in subsection (a)(5)(i) of this section:

(i) the Commissioner may seek advice from an independent review organization or medical expert on the list compiled under § 15–10A–05(b) of this title; and

(ii) the expenses for any advice provided by an independent review organization or medical expert shall be paid for as provided under § 15–10A–05(h) of this title.

(h) 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, Health - General § 15-120 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-120
§15–120.
Status: in_force

(a) If a Program recipient has a cause of action against a person, the Department shall be subrogated to that cause of action to the extent of any payments made by the Department on behalf of the Program recipient that result from the occurrence that gave rise to the cause of action.

(b) (1) An attorney representing a Program recipient in a cause of action to which the Department has a right of subrogation shall notify the Department prior to filing a claim, commencing an action, or negotiating a settlement.

(2) The attorney shall notify the Department in advance of the resolution of a cause of action and shall allow the Department 3 business days from the receipt of the notice to establish its subrogated interest.

(3) This subsection may not be construed to create a cause of action for notifying or failing to notify the Department.

(c) (1) Any Program recipient or attorney, guardian, or personal representative of a Program recipient who receives money in settlement of or under a judgment or award in a cause of action in which the Department has a subrogation claim shall, after receiving written notice of the subrogation claim, hold that money, for the benefit of the Department, to the extent required for the subrogation claim, after deducting applicable attorney’s fees and litigation costs.

(2) A person who, after written notice of a subrogation claim and possible liability under this paragraph, disposes of the money, without the written approval of the Department, is liable to the Department for any amount that, because of the disposition, is not recoverable by the Department.

(3) The Department may compromise or settle and release its subrogation claim if, in its judgment, collection of the claim will cause substantial hardship:

(i) To the Program recipient; or

(ii) In a wrongful death action, to the surviving dependents of a deceased Program recipient.

(4) (i) The Department is not liable for payment of or contribution to any attorney’s fees or litigation costs of any Program recipient or attorney, guardian, or personal representative of any Program recipient.

(ii) The deduction of applicable attorney’s fees and litigation costs under paragraph (1) of this subsection may not be considered as payment for or contribution to those fees or costs by the Department.

(d) Any action brought under this section is not exclusive and is independent of and in addition to any right, remedy, or cause of action available to the State, the Department, any other State agency, or a Program recipient or any other individual.

(e) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Cigarette” means any roll of tobacco wrapped in:

1. Paper;

2. A substance not containing tobacco; or

3. A substance containing tobacco which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be used by the consumers of ordinary paper–wrapped cigarettes.

(iii) 1. “Manufacturer of a tobacco product” means a designer, producer, or processor of a tobacco product engaged in the marketing or promotion of a tobacco product.

2. “Manufacturer of a tobacco product” includes an entity not otherwise a manufacturer of a tobacco product that imports a tobacco product or otherwise holds itself out as a manufacturer of a tobacco product.

3. “Manufacturer of a tobacco product” does not include:

A. A grower, buyer, dealer, distributor, or wholesaler of leaf tobacco; or

B. A retailer, distributor, or wholesaler of a tobacco product.

(iv) “Smokeless tobacco” means a product that consists of cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

(v) “Tobacco product” means cigarettes or smokeless tobacco.

(2) In any action under this section or pursuant to any other right, remedy, or cause of action brought by the State against a manufacturer of a tobacco product, the causation and the amount of medical assistance expenditures attributable to the use of a tobacco product may be proved or disproved by evidence of statistical analysis, without proof of the causation or the amount of expenditures for any particular Program recipient or any other individual.

(3) Nothing contained in paragraph (2) of this subsection prohibits or limits the right of any party to introduce any other evidence, otherwise admissible, that supports or rebuts the evidence of statistical analysis described in paragraph (2) of this subsection.
Md. Code, Transportation § 15-1001 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1001
§15–1001.
Status: in_force

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

(b) “Area of sales” means the geographical area agreed to by the dealer and the manufacturer in an agreement that grants the dealer the exclusive right to display or sell the manufacturer’s new recreational vehicles of a particular line–make.

(c) (1) “Coerce” means to compel or attempt to compel an action or inaction by threat of harm, breach of contract, or other adverse action or consequences.

(2) “Coerce” includes threatening to terminate, cancel, or not renew a dealer agreement without good cause, or hold or delay product delivery as an inducement to amend the dealer agreement.

(d) “Dealer” means any person licensed or required to be licensed to sell recreational vehicles.

(e) “Dealer agreement” means a written agreement or contract entered into between a dealer and a manufacturer or distributor:

(1) That states the rights and responsibilities of the parties; and

(2) Under which the dealer may sell new recreational vehicles.

(f) “Distributor” means any person that purchases new recreational vehicles for resale to dealers.

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

(1) Sells or promotes sales of a particular brand or make of new recreational vehicles to dealers in the State;

(2) Directs and supervises the manufacturer’s representatives in the State; or

(3) Supervises or contacts dealers or prospective dealers in the State.

(h) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers to address a part or equipment issue.

(i) “Family member” means a spouse, child, grandchild, parent, sibling, niece, or nephew, or a spouse of a child, grandchild, parent, sibling, niece, or nephew.

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

(k) “Line–make” means a specific series of recreational vehicles that:

(1) Is targeted to a particular market segment, as determined by its decor, features, equipment, size, weight, and price range;

(2) Has lengths and interior floor plans that distinguish the recreational vehicles from other similar models; and

(3) Belongs to a single distinct classification of recreational vehicle product type that has a substantial degree of commonality in the construction, chassis, frame, and body style.

(l) “Manufacturer” means any person engaged in the manufacturing of recreational vehicles.

(m) “Model” means a series of recreational vehicle products identified by a common series trade name or trademark.

(n) “Proprietary part” means any part manufactured by or for the manufacturer or sold exclusively by the manufacturer.

(o) (1) “Recreational vehicle” means a vehicle that is:

(i) Either self–propelled or towed by a tow vehicle; and

(ii) Designed to provide temporary living quarters for recreational, camping, or travel use.

(2) “Recreational vehicle” includes:

(i) A motor home;

(ii) A travel trailer;

(iii) A fifth–wheel travel trailer;

(iv) A truck camper; and

(v) A folding camping trailer.

(p) “Transient customer” means a customer who is temporarily traveling through a dealer’s area of sales.

(q) (1) “Warrantor” means any person that gives a warranty in connection with new recreational vehicle parts, accessories, or components.

(2) “Warrantor” does not include service contracts, insurance, or extended warranties sold for separate consideration by a dealer or person not affiliated with a manufacturer or distributor.
Md. Code, Business Occupations and Professions § 15-303 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) (1) Subject to this section, the following individuals may practice land surveying without a license:

(i) an employee or other subordinate of a professional land surveyor; and

(ii) an employee of an individual who is not licensed but is otherwise authorized under this title to practice land surveying without supervision.

(2) Subject to this section, the following individuals may practice property line surveying without a license:

(i) an employee or other subordinate of a licensed property line surveyor; and

(ii) an employee of an individual who is not licensed but is otherwise authorized under this title to practice property line surveying without supervision.

(b) The authority to practice land surveying or property line surveying under this section applies only if the licensee or other authorized individual has, with respect to the investigation, design, construction, and operation of the surveying work of the employee or other subordinate, direct control and personal direction that requires initiative, professional skill, and independent judgment.
Md. Code, Insurance § 15-860 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-860
§15–860.
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) (1) An entity subject to this section shall provide coverage for recommended lung cancer screening or follow–up diagnostic imaging to assist in the diagnosis of lung cancer for individuals for which lung cancer screening or follow–up diagnostic imaging is recommended by the U.S. Preventative Services Task Force.

(2) The coverage required under paragraph (1) of this subsection:

(i) shall include diagnostic ultrasound, magnetic resonance imaging, computed tomography, and image–guided biopsy; and

(ii) may not be subject to a prior authorization requirement.

(c) (1) Except as provided in paragraph (2) of this subsection, an entity subject to this section may not impose a copayment, coinsurance, or deductible requirement on coverage for lung cancer screening or follow–up diagnostic imaging that is greater than the copay, coinsurance, or deductible requirement for breast cancer screening or diagnosis.

(2) If an insured or enrollee is covered under a high–deductible health plan, as defined in 26 U.S.C. § 223, an entity subject to this section may subject follow–up diagnostic lung imaging to the deductible requirement of the high–deductible health plan.
Md. Code, Environment § 15-817 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-817
§15–817.
Status: in_force

No modification or renewal of a permit becomes effective until any required changes have been made in the performance bond or other security posted under the provisions of § 15-823 of this subtitle, so as to assure the performance of obligations assumed by the permittee under the permit and the mining and reclamation plan.
Md. Code, Insurance § 15-831 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-831
§15–831.
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) “Formulary” means a list of prescription drugs or devices that are covered by an entity subject to this section.

(4) (i) “Member” means an individual entitled to health care benefits for prescription drugs or devices under a policy issued or delivered in the State by an entity subject to this section.

(ii) “Member” includes a subscriber.

(b) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide coverage for prescription drugs and devices 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 and devices under individual or group contracts that are issued or delivered in the State.

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

(3) This section does not apply to a managed care organization as defined in § 15–101 of the Health – General Article.

(c) Each entity subject to this section that limits its coverage of prescription drugs or devices to those in a formulary shall establish and implement a procedure by which a member may:

(1) receive a prescription drug or device that is not in the entity’s formulary or has been removed from the entity’s formulary in accordance with this section; or

(2) continue the same cost sharing requirements if the entity has moved the prescription drug or device to a higher deductible, copayment, or coinsurance tier.

(d) The procedure shall provide for coverage for a prescription drug or device in accordance with subsection (c) of this section if, in the judgment of the authorized prescriber:

(1) there is no equivalent prescription drug or device in the entity’s formulary in a lower tier;

(2) an equivalent prescription drug or device in the entity’s formulary in a lower tier:

(i) has been ineffective in treating the disease or condition of the member; or

(ii) has caused or is likely to cause an adverse reaction or other harm to the member; or

(3) for a contraceptive prescription drug or device, the prescription drug or device that is not on the formulary is medically necessary for the member to adhere to the appropriate use of the prescription drug or device.

(e) A decision by an entity subject to this section not to provide access to or coverage of a prescription drug or device 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 drug or device is not medically necessary, appropriate, or efficient.

(f) An entity subject to this section that removes a drug from its formulary or moves a prescription drug or device to a benefit tier that requires a member to pay a higher deductible, copayment, or coinsurance amount for the prescription drug or device shall provide a member who is currently on the prescription drug or device and the member’s health care provider with:

(1) notice of the change at least 30 days before the change is implemented; and

(2) in the notice required under item (1) of this subsection, the process for requesting an exemption through the procedure adopted in accordance with this section.
Md. Code, Transportation § 15-505 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-505
§15–505.
Status: in_force

(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 shall be established by the Administration.
Md. Code, Education § 15-103 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

Each public institution of higher education that provides access to its campus or its student information directory to any person or group which makes students aware of occupational or educational options shall provide access on the same basis to official recruiting representatives of the military forces of this State and the United States for the purpose of informing students of educational and career opportunities available in the military.
Md. Code, Environment § 15-311 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-311
§15–311.
Status: in_force

(a) If any matter, thing, or practice in, about, or connected with any mine may become dangerous or defective and endangers the bodily safety of any person, the Bureau may give written notice to the mine operator by way of a special order. The order shall state in detail the matter, thing, or practice which may become dangerous or defective, and require its correction, suggesting changes as conditions may require. If the matter, thing, or practice involves the safety of a mine or a considerable portion of a mine, and the mine operator after receipt of this order neglects or refuses to take immediate steps to remedy the matter, thing, or practice, the Bureau may institute proceedings before the circuit court for the county in which the affected mine is located, to restrain the operator from operating the mine until he complies with the safety order. The court shall proceed immediately to hear and determine fully the case, and may make any order confirming, modifying, enforcing, or vacating the safety order as is just and proper. The cost may be awarded as the court directs.

(b) If the Bureau discovers or learns there is an imminent danger existing in all or part of a mine, it shall order immediately the person then in charge of the mine to remove at once every person from where the danger exists. If the person in charge of the mine fails to comply with the order, the Bureau shall take whatever steps it deems necessary to remove or have removed every person from the place where the danger exists. Every person shall remain out of all or that portion of the mine until the danger is ended.

(c) In addition to any other authority conferred in this title, the Bureau may enter and inspect any mine to determine the conditions of safety in that mine. If the Bureau finds the mine unsafe or operated in an unsafe manner, it shall order the unsafe condition corrected immediately. If the mine owner or operator fails to correct the unsafe condition, the mine shall be closed until the condition is corrected.
Md. Code, Insurance § 15-403.2 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-403.2
§15–403.
Status: in_force

§15–403.2.

(a) In this section, “child dependent of the domestic partner” means an individual who:

(1) is:

(i) the natural child, stepchild, adopted child, or grandchild of the domestic partner of an insured;

(ii) a child placed with the domestic partner of an insured for legal adoption; or

(iii) a child who is under testamentary or court appointed guardianship, other than temporary guardianship of less than 12 months’ duration, of the domestic partner of an insured;

(2) is a dependent, as that term is used in 26 U.S.C. §§ 104, 105, and 106, and any regulations adopted under those sections, of the domestic partner of an insured;

(3) resides with the insured;

(4) is unmarried; and

(5) is under the age of 25 years.

(b) This section applies to each individual or group policy or contract that:

(1) allows family coverage; and

(2) is issued by:

(i) an insurer or nonprofit health service plan that provides 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; or

(ii) a health maintenance organization that provides inpatient hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

(c) Each policy or contract subject to this section shall provide that the same health insurance benefits and eligibility guidelines that apply to any covered dependent are available to a domestic partner of an insured or a child dependent of the domestic partner of an insured at the request of:

(1) an insured under an individual policy or contract that is subject to this section; or

(2) the group policyholder of a group policy or contract that is subject to this section.

(d) An insurer, nonprofit health service plan, or health maintenance organization may require a group policyholder that requests coverage for a domestic partner or child dependent of the domestic partner of an insured under subsection (c)(2) of this section to provide proof of the eligibility of the domestic partner or child dependent of the domestic partner for coverage under this section.

(e) The Commissioner shall adopt regulations to implement this section.
Md. Code, Insurance § 15-1A-07 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-07
§15–1A–07.
Status: in_force

(a) (1) This section may not be construed to limit the authority of the Commissioner to conduct a health benefit plan premium rate review under Title 11, Subtitle 6 of this article.

(2) This section applies only to a carrier offering an individual plan and, subject to § 15–1205 of this title, a carrier offering a small group plan.

(b) A carrier may determine a premium rate based on:

(1) subject to subsection (c) of this section, age;

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

(i) the Baltimore metropolitan area;

(ii) the District of Columbia metropolitan area;

(iii) Western Maryland; and

(iv) Eastern Maryland and Southern Maryland;

(3) subject to subsection (d) of this section, whether the plan covers an individual or a family; and

(4) subject to subsection (e) of this section, tobacco use.

(c) (1) In this subsection, “age” means an individual’s age as of the date of issuance or renewal of a health benefit plan.

(2) For individuals who are 21 years of age or older, a premium rate based on age:

(i) may not vary by more than a ratio of 3 to 1 for adults;

(ii) shall provide for 1–year age bands for individuals at least 21 years old and under the age of 64 years; and

(iii) shall provide for a single age band for individuals at least 64 years old.

(3) For individuals who are under the age of 21 years, a premium rate based on age shall:

(i) be actuarially justified and consistent with the uniform age rating curve established in accordance with paragraph (4) of this subsection;

(ii) provide for a single age band for individuals under the age of 15 years; and

(iii) provide for 1–year age bands for individuals at least 15 years old and under the age of 20 years.

(4) The uniform age rating curve required under paragraph (3)(i) of this subsection may be established by the Commissioner in the individual market, small group market, or both markets.

(d) (1) A rating variation for a health benefit plan that provides coverage for a family shall be applied based on the portion of the premium attributable to each family member covered.

(2) (i) Subject to subparagraph (ii) of this paragraph, a premium for a health benefit plan that provides coverage for a family shall be determined by summing the premiums for each individual family member.

(ii) For a health benefit plan that provides family coverage for individuals under the age of 21 years, the sum shall include not more than the premiums for the three oldest individuals under the age of 21 years.

(e) A premium rate based on tobacco use may not vary by more than a ratio of 1.5 to 1.
Md. Code, Insurance § 15-1207 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1207
§15–1207.
Status: in_force

(a) In accordance with Title 19, Subtitle 1 of the Health – General Article, the Commission shall adopt regulations that specify:

(1) the Comprehensive Standard Health Benefit Plan to apply under this subtitle; and

(2) the requirements for a wellness benefit offered by a carrier to apply under this subtitle.

(b) (1) Subject to paragraph (2) of this subsection, the Commission shall exclude or limit benefits or adjust cost–sharing arrangements in the Standard Plan if the average rate for the Standard Plan exceeds 10% of the average annual wage in the State.

(2) The Commission annually shall determine the average rate for the Standard Plan by using the average rate submitted by each carrier that offers the Standard Plan.

(c) In establishing benefits, the Commission shall judge preventive services, medical treatments, procedures, and related health services based on:

(1) their effectiveness in improving the health status of individuals;

(2) their impact on maintaining and improving health and on reducing the unnecessary consumption of health care services; and

(3) their impact on the affordability of health care coverage.

(d) The Commission may exclude:

(1) a health care service, benefit, coverage, or reimbursement for covered health care services that is required under this article or the Health – General Article to be provided or offered in a health benefit plan that is issued or delivered in the State by a carrier; or

(2) reimbursement required by statute, by a health benefit plan for a service when that service is performed by a health care provider who is licensed under the Health Occupations Article and whose scope of practice includes that service.

(e) The Commission shall include mental health and substance abuse benefits required under § 15–802 of this title and § 19–703.1 of the Health – General Article for employers that meet the large employer definition under § 15–802 of this title and § 19–703.1 of the Health – General Article.

(f) The Commission shall specify the deductibles and cost–sharing associated with the benefits in the Standard Plan.

(g) In establishing cost–sharing as part of the Standard Plan, the Commission shall:

(1) include cost–sharing and other incentives to help prevent consumers from seeking unnecessary services;

(2) balance the effect of cost–sharing in reducing premiums and in affecting utilization of appropriate services; and

(3) limit the total cost–sharing that may be incurred by an individual in a year.

(h) Beginning January 1, 2014, this section applies only to grandfathered health plans as defined in § 1251 of the Affordable Care Act.
Md. Code, Insurance § 15-112.1 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-112.1
§15–112.
Status: in_force

§15–112.1.

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

(2) (i) “Carrier” means:

1. an insurer;

2. a nonprofit health service plan;

3. a health maintenance organization;

4. a dental plan organization;

5. a managed care organization; or

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

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

(3) “Credentialing intermediary” means a person to whom a carrier has delegated credentialing or recredentialing authority and responsibility.

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

(5) “Provider panel” means the providers that contract with a carrier to provide health care services to the enrollees under a health benefit plan of the carrier.

(6) “Uniform credentialing form” means the form designated by the Commissioner for use by a carrier or its credentialing intermediary for credentialing and recredentialing a health care provider for participation on a provider panel.

(b) (1) Except as provided in subsection (c) of this section, a carrier or its credentialing intermediary shall accept the uniform credentialing form as the sole application for a health care provider to become credentialed or recredentialed for a provider panel of the carrier.

(2) A carrier or its credentialing intermediary shall make the uniform credentialing form available to any health care provider that is to be credentialed or recredentialed by that carrier or credentialing intermediary.

(c) The requirements of subsection (b) of this section do not apply to a hospital or academic medical center that:

(1) is a participating provider on the carrier’s provider panel; and

(2) acts as a credentialing intermediary for that carrier for health care practitioners that:

(i) participate on the carrier’s provider panel; and

(ii) have privileges at the hospital or academic medical center.

(d) The Commissioner may impose a penalty not to exceed $500 against any carrier for each violation of this section by the carrier or its credentialing intermediary.

(e) (1) The Commissioner may adopt regulations to implement the provisions of this section.

(2) The Commissioner may designate a provider credentialing application developed by a nonprofit alliance of health plans and trade associations for an online credentialing system offered to carriers and providers as the uniform credentialing form if:

(i) the provider credentialing application is available to providers at no charge; and

(ii) use of the provider credentialing application is not conditioned on submitting the provider credentialing application to a carrier through the online credentialing system.
Md. Code, State Finance and Procurement § 15-220 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-220
§15–220.
Status: in_force

(a) Except for a contract claim related to a lease for real property, a bidder or offeror, a prospective bidder or offeror, a unit, or a contractor may appeal the final action of a unit to the Appeals Board.

(b) An appeal under this section shall be filed:

(1) for a protest, within 10 days after receipt of the notice of a final action; and

(2) for a contract claim, within 30 days after receipt of the notice of a final action.
Md. Code, Alcoholic Beverages and Cannabis § 15-1405 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1405
§15–1405.
Status: in_force

The Board shall set and charge a fee to cover the cost of obtaining the applicant’s fingerprints and the results of the State and national criminal history records check.
Md. Code, Insurance § 15-10A-08 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-08
§15–10A–08.
Status: in_force

(a) On or before November 1, 1999, and each November 1 thereafter, the Health Advocacy Unit shall publish an annual summary report and provide copies of the report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

(b) (1) The annual summary report required under subsection (a) of this section shall be on the grievances and complaints filed with or referred to a carrier, the Commissioner, the Health Advocacy Unit, or any other federal or State government agency or unit under this subtitle during the previous fiscal year.

(2) In consultation with the Commissioner and any affected State government agency or unit, the Health Advocacy Unit shall:

(i) evaluate the effectiveness of the internal grievance process and complaint process available to members; and

(ii) include in the annual summary report the results of the evaluation and any proposed changes to the law that it considers necessary to ensure compliance with the purposes of the law.
Md. Code, Insurance § 15-123 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-123
§15–123.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization;

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

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

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

(4) “Diagnostic services” means any medical or surgical service or procedure that allows a provider to identify or diagnose a human disease or disorder.

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

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

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

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

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

(ii) “Provider” includes:

1. a health care facility;

2. a pharmacy;

3. a professional services corporation;

4. a partnership;

5. a limited liability company;

6. a professional office; and

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

(8) “Therapeutic services” means any medical or surgical service or procedure that a provider can use to treat a human disease or disorder.

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

(c) The section does not:

(1) apply to any cosmetic or medically unnecessary service or procedure that typically would be excluded from coverage by any carrier that issues or delivers contracts or policies of health insurance in the State; or

(2) affect the right of an enrollee to appeal any adverse decision by a carrier through the carrier’s appeal process.

(d) (1) Each carrier shall disclose to providers and enrollees the carrier’s definition of “experimental medical care”.

(2) The carrier shall disclose the definition in:

(i) contracts offered to providers that may render direct health care services to the enrollees of the carrier; and

(ii) marketing materials and enrollment materials of the carrier that are provided to current enrollees and prospective enrollees, as appropriate.

(e) Each carrier shall establish or subscribe or contract to provide a systematic, scientific process to follow for evaluating emerging medical and surgical treatments to ensure that subscribers have access to the latest appropriate treatments.

(f) The process established or subscribed to or contracted for by a carrier under subsection (e) of this section shall include:

(1) a comprehensive review of medical literature and data evaluation; and

(2) input from physicians and other recognized experts:

(i) who are not employees of the carrier; and

(ii) who:

1. are currently treating patients for the disease or condition being evaluated;

2. are board certified in the pertinent specialty or subspecialty area of the disease or condition being evaluated;

3. are generally recognized by their peers to be authoritative resources in the clinical area being evaluated as evidenced by:

A. faculty appointments;

B. authorship of a significant body of peer–reviewed clinical literature in the pertinent specialty or subspecialty area; or

C. a demonstrated history of leadership in local, State, or national professional associations and nonprofit patient and community advocacy organizations that address the disease or condition and the specialty or subspecialty area in question; or

4. have a demonstrated history of substantial experience and practical knowledge in the specialty or subspecialty area in question.

(g) A carrier’s decision to provide coverage for an emerging medical or surgical treatment shall result from the consensus of opinion from its own analysis and the knowledge provided to the carrier from the process identified by the carrier in subsection (f) of this section.

(h) Each carrier, in conjunction with the clinical experts identified by the carrier under subsection (f)(2) of this section, shall decide the patient selection criteria for an emerging medical or surgical treatment for which coverage by the carrier is to be provided.

(i) Each carrier shall provide a description of the process identified by the carrier under subsection (f) of this section to enrollees and contracting providers and all other providers on request.

(j) (1) A carrier’s coverage decision on an emerging medical or surgical treatment shall be in compliance with § 15–10B–07 of this title, when being appealed by an enrollee.

(2) A carrier may reevaluate annually whether scientific advances warrant a change in the carrier’s coverage and payment policy for an emerging medical or surgical treatment.

(k) After notifying a carrier and providing an opportunity for a hearing, the Commissioner may issue an order under § 4–113(d) of this article for a violation of this section.

(l) (1) The Commissioner may waive the application of subsection (f) of this section for a carrier that has in place a process for evaluating emerging medical and surgical treatments used for the purpose of making coverage decisions, if the Commissioner determines that the carrier’s process is substantially equivalent to, or exceeds, the requirements of this section.

(2) A carrier receiving a waiver under paragraph (1) of this subsection shall report any change in its process for evaluating emerging medical and surgical treatments to the Commissioner.

(3) The Commissioner may withdraw a waiver granted under paragraph (1) of this subsection whenever the Commissioner determines that the carrier’s process for evaluating emerging medical and surgical treatments is not substantially equivalent to the requirements of this section.

(m) The Commissioner may adopt regulations to carry out this section.
Md. Code, Environment § 15-517 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-517
§15–517.
Status: in_force

(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a bond supplement reserve to be used if funds received from the forfeiture of bonds under § 15-514 of this subtitle are not sufficient:

(1) To reclaim the land affected by the operation on which the liability was charged on the bond; and

(2) To perform:

(i) The requirements of this subtitle;

(ii) The requirements of regulations adopted under this subtitle; and

(iii) Any permit condition that the operator has failed to perform.

(b) The Secretary shall deposit to the credit of the bond supplement reserve the following funds:

(1) A portion of the assessment under § 15-509(b)(1) of this subtitle equal to 2 cents for each ton of coal produced for the month;

(2) The amount of the assessment under § 15-509(b)(2) of this subtitle; and

(3) The amount of the assessment under § 15-509(d) of this subtitle.

(c) When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.

(d) The assessment under § 15-509(d) of this subtitle shall end temporarily for any month when:

(1) The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month;

(2) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(1) of this section from the assessment under § 15-509(d) of this subtitle has been credited to the Bituminous Coal Open-Pit Mining Reclamation Fund; and

(3) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(2) of this section from the assessment under § 15-509(d) of this subtitle has been remitted to the fiscal authority of the county in which the coal was removed.

(e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000:

(1) The assessment under § 15-509(d) of this subtitle shall resume; and

(2) Deposits into the bond supplement reserve of the amounts in subsection (b)(1), (2), and (3) of this section shall resume.

(f) The Secretary shall notify each county when remitting or suspending the remittance of the amount under § 15-509(b)(2) of this subtitle.

(g) The Secretary shall meet and confer with the Land Reclamation Committee at least 30 days before procuring any services for which funds from the bond supplement reserve will be used, and shall provide the Committee an opportunity to submit comments and recommendations about the proposed expenditure.
Md. Code, Environment § 15-203 — MD Code / Article gen / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

(a) The Bureau shall supervise the execution and enforcement of any law enacted for the health and safety of persons and protection and conservation of property within, about, or related to bituminous coal mines in the State. To this end, it shall adopt and enforce necessary rules and regulations after giving due notice.

(b) The Bureau shall compile, publish, and distribute to interested persons, the mining laws and rules and regulations. The publication shall be made at reasonable times to keep the laws and rules and regulations current. The Bureau shall keep a record of any inspection or investigation and a copy of any official communication or record of work to be done. It shall preserve any report, statistics, and information received relating to the development of coal or other mining, or the enforcement of the provisions of this title.

(c) The Bureau shall encourage and assist reasonable efforts to improve mining methods and conditions to discover better ways to protect life and health, extend the serviceable use of instrumentalities, and promote the prosperity of the industry by reducing waste of natural resources and fostering economy in mining. It shall compile, statistically analyze, and compare available data regarding coal or other mining processes and operations, and advise any person engaged in that industry.

(d) The Director may institute proceedings in the name of the State by an action at law, suit in equity, or prosecution to enforce any provision of this title or any rule or regulation. This power does not exclude any right of an interested person to invoke the usual and ordinary process of a court against a violator of the mining laws.

(e) The Bureau may enter and inspect any mine in order to determine its safety condition. If the inspected mine is found unsafe or is operated in an unsafe manner, the Bureau shall order the immediate correction of the unsafe condition. If the unsafe condition is not corrected in the time prescribed, the Bureau shall order the mine closed until the owner or operator makes the necessary correction.

(f) The Bureau shall collect information in regard to mineral production and mine output.

(g) The Department shall report annually concerning the following information for each major watershed in Allegany and Garrett counties, on a cumulative and annual basis:

(1) The total number of acres for which new or amended permits have been issued;

(2) The total number of acres which have been stripped;

(3) The total number of acres which have been planted; and

(4) The total number of acres for which the Bureau has released the revegetation bond.

(h) The Department may apply for, accept, administer, and expend funds from any source for the administration and implementation of this title, including the reclamation and revegetation of any land or water area affected by the mining of bituminous coal.
Md. Code, Insurance § 15-839 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-839
§15–839.
Status: in_force

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

(2) “Body mass index” means a practical marker that is used to assess the degree of obesity and is calculated by dividing the weight in kilograms by the height in meters squared.

(3) “Morbid obesity” means a body mass index that is:

(i) greater than 40 kilograms per meter squared; or

(ii) equal to or greater than 35 kilograms per meter squared with a comorbid medical condition, including hypertension, a cardiopulmonary condition, sleep apnea, or diabetes.

(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;

(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; and

(3) managed care organizations, as defined in § 15-101 of the Health - General Article.

(c) An entity subject to this section shall provide coverage for the surgical treatment of morbid obesity that is:

(1) recognized by the National Institutes of Health as effective for the long-term reversal of morbid obesity; and

(2) consistent with guidelines approved by the National Institutes of Health.

(d) An entity subject to this section shall provide the benefits required under this section to the same extent as for other medically necessary surgical procedures under the enrollee’s or insured’s contract or policy with the entity.
Md. Code, Insurance § 15-10B-08 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-08
§15–10B–08.
Status: in_force

(a) If a carrier delegates its internal grievance process to a private review agent, the private review agent shall establish an internal grievance process for its patients and health care providers acting on behalf of a patient.

(b) A private review agent’s internal grievance process shall meet the same requirements established under §§ 15-10A-02 through 15-10A-05 of this title.

(c) A private review agent may not charge a fee to a patient or health care provider for filing a grievance.
Md. Code, Estates and Trusts § 15-108 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) A fiduciary making a distribution or delivery of any property, in conformity to a decree or order of court passed pursuant to the Maryland Rules, shall be protected from a claim in respect to the property by an absent or unknown beneficiary or life tenant proceeded against under the Maryland Rules, or the heirs, personal representatives, or assigns of an absent or unknown beneficiary or life tenant.

(b) Nothing in this section limits a similar protection granted to fiduciaries by applicable laws in effect before the passage of the Maryland Rules.
Md. Code, Health - General § 15-1103 — MD Code / Article ghg / Title 15 / Subtitle 11 / Section 15-1103
§15–1103.
Status: in_force

(a) On or before December 1 each year, beginning in 2023, the Department shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on enrollment in:

(1) The 1915(i) model; and

(2) Child and adolescent case management services.

(b) The report shall include:

(1) The total number of children and adolescents served by each program;

(2) Whether the number represents an increase or a decrease in the number served; and

(3) Any steps the Department has taken to increase enrollment in the programs.
Md. Code, Estates and Trusts § 15-114 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-114
§15–114.
Status: in_force

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

(2) “Fiduciary” means:

(i) A trust company;

(ii) An investment advisor that is controlled by or is under common control with a trust company; or

(iii) A person who makes an election under subsection (g) of this section.

(3) “Fiduciary assets” means assets held by a fiduciary as trustee, guardian, conservator, committee, custodian under the Maryland Uniform Transfers to Minors Act, investment manager, or investment advisor.

(4) “Investment advisor” means any company registered under the provisions of the federal Investment Advisers Act of 1940.

(b) A fiduciary shall:

(1) Invest and manage fiduciary assets as a prudent investor would, considering the purposes, terms, distribution requirements, and other circumstances of the governing instrument and the nature of the fiduciary appointment;

(2) Exercise reasonable care, skill, and caution regarding the anticipated effect on the fiduciary assets as a whole under the facts and circumstances prevailing at the time of any action by the fiduciary;

(3) Invest and manage not in isolation but in the context of the fiduciary assets as a whole and as part of an overall investment strategy that incorporates risk and return objectives reasonably suitable under the terms of the governing instrument and the nature of the fiduciary appointment;

(4) Diversify investments unless, under the circumstances, the fiduciary reasonably believes it is in the best interests of the beneficiaries or furthers the purposes for which the fiduciary was appointed not to diversify;

(5) Review fiduciary assets within a reasonable time after acceptance of the fiduciary appointment and make and implement decisions concerning the retention or disposition of investments existing prior to the appointment in order to conform with this section;

(6) Pursue an investment strategy that considers both the reasonable production of income and safety of capital, consistent with the fiduciary’s duty of loyalty and impartiality and the purposes for which the fiduciary was appointed;

(7) Act with prudence in deciding whether and how to delegate authority and in the selection and supervision of agents; and

(8) Incur only costs that are reasonable in amount and appropriate to the investment responsibilities of the fiduciary appointment.

(c) A fiduciary’s investment decisions shall be judged in accordance with the following guidelines and standards:

(1) No specific investment or course of action is, taken alone, prudent or imprudent;

(2) The fiduciary may exercise reasonable business judgment regarding the anticipated effect on the portfolio of fiduciary assets as a whole under the facts and circumstances prevailing at the time of the decision or action;

(3) The fiduciary shall have no liability for continuing to hold fiduciary assets existing at the time the fiduciary appointment was accepted or subsequently added pursuant to proper authority if, and as long as, the fiduciary, in the exercise of good faith and reasonable prudence, considers the retention to be in the best interests of the beneficiaries or in the furtherance of the goals of the governing instrument;

(4) Subject to all other provisions of this section, the fiduciary may retain as fiduciary assets an interest in the fiduciary, if the fiduciary is a corporation, or in any corporation controlling, controlled by, or under common control with the fiduciary; and

(5) In making an investment decision, the fiduciary may consider, without limitation:

(i) General economic conditions;

(ii) The possible effect of inflation;

(iii) The expected tax consequences of investment decisions or strategies;

(iv) The role each investment or course of action plays within the investment of the portfolio of fiduciary assets as a whole;

(v) The expected total return of the investment including both income yield and appreciation of capital;

(vi) The reasonableness of any costs associated with the investment; and

(vii) The status of related assets of beneficiaries.

(d) To the extent that any provision of this section is inconsistent with the terms of a governing instrument, the terms of the governing instrument shall control.

(e) If more than one person has investment authority over fiduciary assets, this section shall apply if any of those persons is a fiduciary.

(f) Nothing in this section shall abrogate or restrict the power of a court to:

(1) Direct or permit a fiduciary to deviate from the terms of a governing instrument; or

(2) Direct or permit a fiduciary to take, or to restrain a fiduciary from taking, any action regarding the making or retention of investments.

(g) This section shall apply to any person who:

(1) Is a trustee, guardian, conservator, committee, custodian under the Maryland Uniform Transfers to Minors Act, investment manager, or investment advisor; and

(2) Files with the Commissioner of Financial Regulation a statement that the person elects to have this section apply to all fiduciary assets controlled by the person.
Md. Code, Health - General § 15-141.4 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.4
§15–141.
Status: in_force

§15–141.4.

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

(2) “Birthing parent” means the individual giving birth and who is receiving doula services throughout the parent’s pregnancy, including the prenatal, labor, and postpartum periods.

(3) “Certified doula” means a trained nonmedical professional who provides continuous physical, emotional, and informational support to the birthing parent throughout the prenatal, labor, and postpartum periods who has received a certification to perform doula services approved by the Program.

(4) “Doula services” means continuous and nonclinical physical, emotional, and informational support, based on evidence–based practices and with respect for individual care needs, culture, and family traditions, to a birthing parent provided by a certified doula, including:

(i) Education and guidance, supplementing the services of health care providers, on childbirth, coping skills for new parents, breastfeeding, infant feeding, infant soothing, and making informed decisions about childbirth and postpartum care;

(ii) Prenatal coaching;

(iii) Support for other individuals providing care for a birthing parent, including a birthing parent’s partner and family members; and

(iv) Facilitation of access to resources that can improve birth–related outcomes, including ongoing home visiting services, transportation, housing, the Special Supplemental Nutrition Program for Women, Infants and Children, the Supplemental Nutrition Assistance Program WIC, intimate partner violence resources, and alcohol, tobacco, and drug cessation.

(5) “Home” means the residence of the birthing parent.

(6) “Labor and delivery” means the period during which the fetus, membranes, umbilical cord, and placenta are expelled from the uterus through vaginal birth or through surgical delivery by a cesarean section.

(7) “Medically indicated” means that a service or benefit meets the coverage requirements set by the Department.

(8) “Participating doula” means an individual who:

(i) Meets the certification requirements as provided in subsection (d) of this section; and

(ii) Is authorized by the Department to provide health care services to a Program recipient.

(9) “Provider” means an individual, an association, a partnership, or an incorporated or unincorporated group of doulas certified to provide doula services and who, through an appropriate agreement with the Department, has been identified as a Program provider by the issuance of an individual account number.

(b) This section may not be construed to limit the authority of the Health Services Cost Review Commission to set the appropriate rates for hospital services.

(c) The Department shall:

(1) Ensure that doulas providing care under the Program are participating doulas;

(2) Review participation in the Program of participating doulas and Program recipients; and

(3) Evaluate the effectiveness of doula services covered by the Program.

(d) A provider shall:

(1) Be certified by an organization approved by the Department; and

(2) Present proof to the Department of completion of the associated certification from at least one organization before providing doula services through the Program.

(e) To participate in the Program, a provider shall:

(1) Meet the requirements of COMAR 10.09.36.03 to participate in the Program;

(2) Maintain up–to–date certification as required by the Program; and

(3) Hold adequate liability insurance.

(f) (1) The Program shall cover doula services that:

(i) Are medically indicated;

(ii) Are provided during the prenatal, labor and delivery, or postpartum period of a birthing parent; and

(iii) If provided remotely, comply with the telehealth requirements in COMAR 10.09.49 and other relevant State and federal law.

(2) Doula services covered by the Program are subject to any limitations adopted by the Department.

(g) (1) A provider shall submit a request for payment in the format designated by the Program.

(2) The Program may return to the provider, before payment, any invoices that are not properly:

(i) Signed;

(ii) Completed; or

(iii) Accompanied by properly completed forms required by the Program.

(3) (i) A provider may charge the Program and the Program shall reimburse a provider.

(ii) A charge by a provider may be different from a customary charge by the provider for the same service.

(iii) The Program shall pay for covered services at a rate equal to the lesser of:

1. The customary charge the provider charges to the general public, unless the services are free to individuals not covered by the Program; or

2. The Program’s fee schedule.

(h) A managed care organization that participates in the Program shall provide medically indicated doula services to pregnant and postpartum enrollees.
Md. Code, Insurance § 15-401 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

(a) In this section, “date of adoption” means the earlier of:

(1) a judicial decree of adoption; or

(2) the assumption of custody, pending adoption, of a prospective adoptive child by a prospective adoptive parent.

(b) (1) This subsection applies to:

(i) each individual health insurance policy that:

1. is delivered, issued for delivery, or renewed in the State;

2. provides coverage on an expense–incurred basis; and

3. provides coverage for a family member of the insured;

(ii) each group health insurance policy, including a contract issued by a nonprofit health service plan, that:

1. is delivered, issued for delivery, or renewed in the State;

2. provides coverage on an expense–incurred basis for employees of an employer or employers or members of a union or unions; and

3. provides coverage for a family member of a covered employee or member;

(iii) each individual service or indemnity contract that:

1. is delivered, issued for delivery, or renewed in the State by a nonprofit health service plan; and

2. provides coverage for a family member of the subscriber;

(iv) each individual contract that:

1. is delivered, issued for delivery, or renewed in the State by a health maintenance organization; and

2. provides coverage for a family member of the subscriber; and

(v) each group contract that:

1. is delivered, issued for delivery, or renewed in the State by a health maintenance organization;

2. provides coverage for employees of an employer or employers or members of a union or unions; and

3. provides coverage for a family member of the covered employee or member.

(2) Each policy or contract subject to this subsection shall provide that the health insurance benefits applicable:

(i) for children or grandchildren shall be payable for a newly born or newly adopted dependent child or grandchild from the moment of birth or date of adoption of the child or grandchild; and

(ii) for a minor for whom guardianship is granted by court or testamentary appointment shall be payable from the date of appointment.

(c) On request, an insurer or nonprofit health service plan that issues an individual or group health insurance policy that provides coverage on an expense–incurred basis, or a health maintenance organization that issues an individual or group contract, shall offer family members’ coverage to an insured, subscriber, or member regardless of the marital status of the insured, subscriber, or member.

(d) Each insurer, nonprofit health service plan, or health maintenance organization that issues a policy or contract that does not provide family members’ coverage shall:

(1) provide notice to the policyholder or contract holder that coverage for a newly born or newly adopted child or grandchild or a minor for whom guardianship is granted by court or testamentary appointment is not provided under the policy or contract; and

(2) inform the insured, subscriber, or member of the right and conditions to purchase family members’ coverage under this section.

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

(1) a grandchild must be a dependent, and in the court–ordered custody, of the insured, subscriber, or member; and

(2) a minor must be a dependent and in the custody of the insured, subscriber, or member as a result of a guardianship, other than a temporary guardianship of less than 12 months duration, granted by court or testamentary appointment.

(f) Coverage for a newly born or newly adopted child or grandchild or a minor for whom guardianship is granted by court or testamentary appointment shall consist of coverage for injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities.

(g) If payment of a specific premium or subscription fee is required to provide coverage for a child or grandchild or a minor for whom guardianship is granted by court or testamentary appointment, the policy or contract may require notification of a birth, adoption, or appointment and payment of the required premium or fee to the insurer, nonprofit health service plan, or health maintenance organization within 31 days after the date of birth, date of adoption, or date of court or testamentary appointment in order to continue coverage beyond the 31–day period.

(h) (1) An insurer, nonprofit health service plan, or health maintenance organization may require proof that the insured, subscriber, or member is the parent or grandparent of a newly born or newly adopted child or grandchild or guardian of a minor under court or testamentary appointment.

(2) If the insurer, nonprofit health service plan, or health maintenance organization requires proof under this subsection, the insurer, nonprofit health service plan, or health maintenance organization shall pay the cost of the proof.
Md. Code, Environment § 15-833 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-833
§15–833.
Status: in_force

This subtitle, including reclamation requirements, does not apply to surface mining operations or mined lands in existence on the effective date, July 1, 1975, nor to their continuance and extension for 18 months from that date, but subsequent operations of existing surface mines may be continued only by permit of the Department under the provisions of this subtitle.
Md. Code, Environment § 15-510 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-510
§15–510.
Status: in_force

(a) Each operator shall comply with the requirements of this section.

(b) (1) The operator shall regrade in a manner the Department establishes by rule and regulation and in accordance with the approved reclamation plan. Any regrading shall include, but is not limited to, backfilling, compacting (where necessary to insure stability or prevent leaching of toxic materials), and regrading to restore to the approximate original contour of the affected area with all highwalls, spoil piles, and depressions eliminated, unless depressions are approved by the Department to prevent erosion and retain moisture to assist revegetation.

(2) All spoil from a permitted area shall be reclaimed within that permitted area or placed on abandoned mine land in a manner approved by the Department. Spoil from a permitted area may not be placed on abandoned mine land if it is needed to achieve the approximate original contour within that permitted area or to meet other permit requirements.

(c) The operator shall seal off with a material approved by the Department each opening from an underground mining operation at the base of the final cut. The seal shall be constructed in a way to avoid creating danger from impoundment of any large quantity of water.

(d) If the operator proposes to impound water to provide a lake or pond for wildlife, recreational, or other water supply purposes, he shall file a formal request with the Department and receive approval before the pond or lake is created.

(e) An operator, with the written approval of the landowner, may propose an alternative plan for reclamation if the land can be used for suitable purposes. The alternate plan shall be submitted to the Department as part of the mining and reclamation plan.

(f) Unless the operator obtains the prior written approval of the Department, all backfilling described in the approved reclamation plan shall be completed before backfilling equipment is moved from the operation.

(g) An owner of either surface rights or mineral rights may not interfere with an operator in the discharge of any duties imposed by this subtitle.
Md. Code, Health Occupations § 15-301 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

(a) This title may not be construed to authorize a physician assistant to practice independently.

(b) A license issued to a physician assistant shall limit the physician assistant’s scope of practice to medical acts:

(1) Appropriate to the education, training, and experience of the physician assistant;

(2) Customary to the practice of a patient care team physician; and

(3) In a manner consistent with the collaboration agreement.

(c) Patient services that may be provided by a physician assistant under a collaboration agreement include:

(1) Obtaining comprehensive health histories;

(2) Performing physical examinations;

(3) Evaluating, diagnosing, managing, and providing medical treatment;

(4) Interpreting and evaluating patient data as authorized by a patient care team physician for the purpose of determining management and treatment of patients;

(5) Initiating requests for or performing diagnostic procedures as indicated by pertinent data and as authorized by a patient care team physician;

(6) Exercising prescriptive authority in accordance with § 15–302.2 of this subtitle;

(7) Informing patients about health promotion and disease prevention;

(8) Providing consultations;

(9) Writing medical orders;

(10) Obtaining informed consent;

(11) Delegating medical acts to licensed or unlicensed personnel as authorized under § 14–306 of this article if the physician assistant has at least 7,000 hours of clinical practice experience; and

(12) Certifying a patient’s health or disability as required by a federal, State, or local program.

(d) (1) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice as a physician assistant.

(2) Except as otherwise provided in this title, a physician may not collaborate with a physician assistant in the performance of medical acts without notifying the Board of a completed collaboration agreement with the Board.

(3) Except as otherwise provided in this title or in a medical emergency, a physician assistant may not perform any medical act:

(i) For which the individual has not been licensed;

(ii) That has not been delegated in a manner consistent with the collaboration agreement;

(iii) That is not appropriate to the education, training, and experience of the physician assistant; and

(iv) That is not customary to the practice of a patient care team physician listed on the collaboration agreement.

(e) A physician assistant shall consult and collaborate with or refer an individual to an appropriate licensed physician or any other health care provider as appropriate.

(f) Except as otherwise provided in this title, the following individuals may practice as a physician assistant without a license:

(1) A physician assistant student enrolled in a physician assistant educational program that is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor and approved by the Board; or

(2) A physician assistant employed in the service of the federal government while practicing within the scope of the employment.

(g) (1) If a medical act that is to be performed by a physician assistant under this section is a part of the practice of a health occupation that is regulated under this article by another board, any rule or regulation concerning that medical act shall be adopted jointly by the State Board of Physicians and the board that regulates the other health occupation.

(2) If the two boards cannot agree on a proposed rule or regulation, the proposal shall be submitted to the Secretary for a final decision.
Md. Code, Insurance § 15-854.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-854.1
§15–854.
Status: in_force

§15–854.1.

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

(2) “Active course of treatment” means a course of treatment for which an insured is actively seeing a health care provider and following the course of treatment.

(3) “Course of treatment” means treatment that:

(i) is prescribed to treat or ordered for the treatment of an insured with a specific condition;

(ii) is outlined and agreed to by the insured and the health care provider before the treatment begins; and

(iii) may be part of a treatment plan.

(b) (1) This section applies to:

(i) 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

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

(2) An insurer, a nonprofit health service plan, or a health maintenance organization that contracts with a private review agent under Subtitle 10B of this title is subject to the requirements of this section.

(3) An insurer, a nonprofit health service plan, or a health maintenance organization that contracts with a third party to dispense medical devices, medical appliances, or medical goods for the treatment of a human disease or dysfunction is subject to the requirements of this section.

(c) (1) Notwithstanding § 15–854 of this subtitle as it applies to coverage for prescription drugs, an entity subject to this section shall approve a request for the prior authorization of a course of treatment, including for chronic conditions, rehabilitative services, substance use disorders, and mental health conditions, that is:

(i) for a period of time that is as long as necessary to avoid disruptions in care; and

(ii) determined in accordance with applicable coverage criteria, the insured’s medical history, and the health care provider’s recommendation.

(2) For new enrollees, an entity subject to this section may not disrupt or require reauthorization for an active course of treatment for covered services for at least 90 days after the date of enrollment.
Md. Code, Land Use § 15-103 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) (1) In Montgomery County, the County Council shall make an appointment to the Commission from a list of applicants.

(2) The list shall be:

(i) completed at least 3 weeks before an appointment is made; and

(ii) made available to the public.

(3) If the County Council does not appoint an individual whose name appears on the list or if no name appears on the list, the County Council shall provide for the preparation of a second list and follow the procedures under paragraph (2) of this subsection.

(4) Within 3 days after making an appointment, the County Council shall submit the name of the appointee to the County Executive.

(5) Within 30 days after the appointment is submitted, the County Executive shall approve or disapprove the appointment.

(6) An appointment that is not disapproved by the County Executive in accordance with this subsection is deemed to be approved.

(7) If the County Executive disapproves an appointment, the County Executive shall return the appointment to the County Council with the reasons for the disapproval stated in writing.

(8) By the affirmative vote of nine of its members, the County Council may appoint a commissioner over the disapproval of the County Executive.

(b) (1) In Prince George’s County, the County Council shall hold public hearings on an appointment to the Commission not less than 10 days and not more than 20 days after the County Executive submits the name of the appointee to the County Council.

(2) If the County Council fails to act on the appointment within 30 days after the County Executive submits the name of the appointee, the appointment is deemed to be approved.

(3) A vote of a majority of the full County Council is required to approve or disapprove an appointment.

(4) (i) In making and approving appointments, the County Council and County Executive shall attempt to provide reasonable geographic balance with respect to the commissioners’ places of residence.

(ii) The appointment resolution for each appointment shall describe the resulting geographic distribution and provide appropriate explanations.
Md. Code, Business Occupations and Professions § 15-414 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-414
§15–414.
Status: in_force

After the Board reinstates a permit, the permit holder shall continue to comply with all applicable requirements set forth in this subtitle.
Md. Code, Criminal Procedure § 15-407 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

(a) This section applies only in Carroll County.

(b) (1) (i) The State’s Attorney’s salary is the following percentages of the salary of a judge of the District Court of Maryland:

1. 80%, ending on December 3, 2018;

2. 90%, beginning on December 4, 2018; and

3. 100%, beginning on December 3, 2019, and thereafter.

(ii) A salary increase shall take effect at the beginning of the elected term of office and may not increase during the term of office.

(2) The county commissioners shall:

(i) provide space for the offices of the State’s Attorney and pay the expenses of the office, including general operating expenses, equipment costs, and reasonable costs for secretarial or stenographic needs; or

(ii) as determined by the county commissioners, pay a reasonable allowance to reimburse the State’s Attorney for the costs of the operation of the office.

(c) (1) The State’s Attorney:

(i) may appoint two deputy State’s Attorneys and the number of assistant State’s Attorneys necessary to staff the office; and

(ii) subject to the approval of the county commissioners, shall set the salaries for the deputy and assistant State’s Attorneys.

(2) (i) In addition to the assistant State’s Attorneys appointed under paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the circuit court of the county consider it necessary and the judge approves, the State’s Attorney may appoint an assistant State’s Attorney.

(ii) The county commissioners shall set the salary of an assistant State’s Attorney appointed under this paragraph.

(d) The State’s Attorney shall serve full time and may not engage in the private practice of law.
Md. Code, Alcoholic Beverages and Cannabis § 15-2302 — MD Code / Article gab / Title 15 / Subtitle 23 / Section 15-2302
§15–2302.
Status: in_force

(a) (1) On the death of a married license holder or a license holder that holds a license for the benefit of a partnership or corporation, on application to the Board, a new license shall be issued to:

(i) the surviving spouse;

(ii) the surviving partners for the benefit of the partnership; or

(iii) the senior surviving officer of the corporation for the benefit of the corporation.

(2) The new license shall be issued:

(i) for the balance of the license year; and

(ii) without further proceedings.

(b) A renewal license may be issued to the following if they are qualified to hold the license:

(1) the surviving spouse;

(2) the surviving partners of a partnership; or

(3) the senior surviving officer of the corporation for the benefit of the corporation.