Md. Code, Insurance § 15-10A-02 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-02
§15–10A–02.
Status: in_force

(a) Each carrier shall establish an internal grievance process for its members.

(b) (1) An internal grievance process shall meet the same requirements established under Subtitle 10B of this title.

(2) In addition to the requirements of Subtitle 10B of this title, an internal grievance process established by a carrier under this section shall:

(i) include an expedited procedure for use in an emergency case for purposes of rendering a grievance decision within 24 hours of the date a grievance is filed with the carrier;

(ii) provide that a carrier render a final decision in writing on a grievance within 30 working days after the date on which the grievance is filed unless:

1. the grievance involves an emergency case under item (i) of this paragraph;

2. the member, the member’s representative, or a health care provider filing a grievance on behalf of a member agrees in writing to an extension for a period of no longer than 30 working days; or

3. the grievance involves a retrospective denial under item (iv) of this paragraph;

(iii) allow a grievance to be filed on behalf of a member by a health care provider or the member’s representative;

(iv) provide that a carrier render a final decision in writing on a grievance within 45 working days after the date on which the grievance is filed when the grievance involves a retrospective denial; and

(v) for a retrospective denial, allow a member, the member’s representative, or a health care provider on behalf of a member to file a grievance for at least 180 days after the member receives an adverse decision.

(3) For purposes of using the expedited procedure for an emergency case that a carrier is required to include under paragraph (2)(i) of this subsection, the carrier shall initiate the expedited procedure for an emergency case if the member or the member’s representative requests the expedited review or the health care provider or the member or the member’s representative attests that:

(i) the adverse decision was rendered for health care services that are proposed but have not been provided; and

(ii) the services are necessary to treat a condition or illness that, without immediate medical attention, would:

1. seriously jeopardize the life or health of the member or the member’s ability to regain maximum functions;

2. cause the member to be in danger to self or others; or

3. cause the member to continue using intoxicating substances in an imminently dangerous manner.

(c) Except as provided in subsection (d) of this section, the carrier’s internal grievance process shall be exhausted prior to filing a complaint with the Commissioner under this subtitle.

(d) (1) (i) A member, the member’s representative, or a health care provider filing a complaint on behalf of a member may file a complaint with the Commissioner without first filing a grievance with a carrier and receiving a final decision on the grievance if:

1. the carrier waives the requirement that the carrier’s internal grievance process be exhausted before filing a complaint with the Commissioner;

2. the carrier has failed to comply with any of the requirements of the internal grievance process as described in this section; or

3. the member, the member’s representative, or the health care provider provides sufficient information and supporting documentation in the complaint that demonstrates a compelling reason to do so.

(ii) The Commissioner shall define by regulation the standards that the Commissioner shall use to decide what demonstrates a compelling reason under subparagraph (i) of this paragraph.

(2) Subject to subsections (b)(2)(ii) and (h) of this section, a member, a member’s representative, or a health care provider may file a complaint with the Commissioner if the member, the member’s representative, or the health care provider does not receive a grievance decision from the carrier on or before the 30th working day on which the grievance is filed.

(3) Whenever the Commissioner receives a complaint under paragraph (1) or (2) of this subsection, the Commissioner shall notify the carrier that is the subject of the complaint within 5 working days after the date the complaint is filed with the Commissioner.

(e) Each carrier shall:

(1) file for review with the Commissioner and submit to the Health Advocacy Unit a copy of its internal grievance process established under this subtitle; and

(2) file any revision to the internal grievance process with the Commissioner and the Health Advocacy Unit at least 30 days before its intended use.

(f) (1) For nonemergency cases, when a carrier renders an adverse decision, the carrier shall:

(i) inform the member, the member’s representative, or the health care provider acting on behalf of the member of the adverse decision:

1. orally by telephone; or

2. with the affirmative consent of the member, the member’s representative, or the health care provider acting on behalf of the member, by text, facsimile, e–mail, an online portal, or other expedited means; and

(ii) send, within 5 working days after the adverse decision has been made, a written notice to the member, the member’s representative, and a health care provider acting on behalf of the member that:

1. states at the top in prominent bold print:

A. that the notice is a denial of a requested health care service;

B. that the member may file an appeal;

C. the telephone number and e–mail address required to be available under § 15–10B–05(e) of this title; and

D. that the notice includes additional information on how to file and receive assistance for filing a complaint;

2. states in detail in clear, understandable language the specific factual bases for the carrier’s decision and the reasoning used to determine that the health care service is not medically necessary and did not meet the carrier’s criteria and standards used in conducting the utilization review;

3. provides the specific reference, language, or requirements from the criteria and standards, including any interpretive guidelines, on which the decision was based, and may not solely use:

A. generalized terms such as “experimental procedure not covered”, “cosmetic procedure not covered”, “service included under another procedure”, or “not medically necessary”; or

B. language directing the member to review the additional coverage criteria in the member’s policy or plan documents;

4. includes a unique identifier for and the business address and business telephone number of:

A. if the carrier is a health maintenance organization, the medical director or associate medical director, as appropriate, who made the decision; or

B. if the carrier is not a health maintenance organization, the designated employee or representative of the carrier who has responsibility for the carrier’s internal grievance process and the physician who is required to make all adverse decisions as required in § 15–10B–07(a) of this title;

5. gives written details of the carrier’s internal grievance process and procedures under this subtitle; and

6. includes the following information:

A. that the member, the member’s representative, or a health care provider on behalf of the member has a right to file a complaint with the Commissioner within 4 months after receipt of a carrier’s grievance decision;

B. that a complaint may be filed without first filing a grievance if the member, the member’s representative, or a health care provider filing a grievance on behalf of the member can demonstrate a compelling reason to do so as determined by the Commissioner;

C. the Commissioner’s address, telephone number, and facsimile number;

D. a statement that the Health Advocacy Unit is available to assist the member or the member’s representative in both mediating and filing a grievance under the carrier’s internal grievance process; and

E. the address, telephone number, facsimile number, and electronic mail address of the Health Advocacy Unit.

(2) The business telephone number included in the notice as required under paragraph (1)(ii)4 of this subsection must be a dedicated number for adverse decisions and may not be the general customer call number for the carrier.

(g) If within 5 working days after a member, the member’s representative, or a health care provider, who has filed a grievance on behalf of a member, files a grievance with the carrier, and if the carrier does not have sufficient information to complete its internal grievance process, the carrier shall:

(1) after confirming through a complete review of any information already submitted by the health care provider:

(i) notify the member, the member’s representative, or the health care provider that it cannot proceed with reviewing the grievance unless additional information is provided;

(ii) request the specific information, including any lab or diagnostic test or other medical information that must be submitted to complete the internal grievance process; and

(iii) provide the specific reference, language, or requirements from the criteria and standards used by the carrier to support the need for the additional information; and

(2) assist the member, the member’s representative, or the health care provider in gathering the necessary information without further delay.

(h) A carrier may extend the 30–day or 45–day period required for making a final grievance decision under subsection (b)(2)(ii) of this section with the written consent of the member, the member’s representative, or the health care provider who filed the grievance on behalf of the member.

(i) (1) For nonemergency cases, when a carrier renders a grievance decision, the carrier shall:

(i) document the grievance decision in writing after the carrier has provided oral communication of the decision to the member, the member’s representative, or the health care provider acting on behalf of the member; and

(ii) send, within 5 working days after the grievance decision has been made, a written notice to the member, the member’s representative, and a health care provider acting on behalf of the member that:

1. states at the top in prominent bold print:

A. that the notice is a denial of a requested health care service;

B. that the member may file a complaint with the Commissioner;

C. the telephone number and e–mail address required to be available under § 15–10B–05(e) of this title; and

D. that the notice includes additional information on how to file and receive assistance for an appeal;

2. states in detail in clear, understandable language the specific factual bases for the carrier’s decision and the reasoning used to determine that the health care service is not medically necessary and did not meet the carrier’s criteria and standards used in conducting utilization review;

3. provides the specific reference, language, or requirements from the criteria and standards, including any interpretive guidelines used by the carrier, on which the grievance decision was based;

4. includes a unique identifier for and the business address and business telephone number of:

A. if the carrier is a health maintenance organization, the medical director or associate medical director, as appropriate, who made the grievance decision; or

B. if the carrier is not a health maintenance organization, the designated employee or representative of the carrier who has responsibility for the carrier’s internal grievance process and the designated employee or representative’s title and clinical specialty; and

5. includes the following information:

A. that the member or the member’s representative has a right to file a complaint with the Commissioner within 4 months after receipt of a carrier’s grievance decision;

B. the Commissioner’s address, telephone number, and facsimile number;

C. a statement that the Health Advocacy Unit is available to assist the member or the member’s representative in filing a complaint with the Commissioner; and

D. the address, telephone number, facsimile number, and electronic mail address of the Health Advocacy Unit.

(2) The business telephone number included in the notice as required under paragraph (1)(ii)4 of this subsection must be a dedicated number for grievance decisions and may not be the general customer call number for the carrier.

(3) To satisfy the requirements of this subsection, a carrier may not use solely in the written notice sent under paragraph (1) of this subsection:

(i) generalized terms such as “experimental procedure not covered”, “cosmetic procedure not covered”, “service included under another procedure”, or “not medically necessary”; or

(ii) language directing the member to review the additional coverage criteria in the member’s policy or plan documents.

(j) (1) For an emergency case under subsection (b)(2)(i) of this section, within 1 day after a decision has been orally communicated to the member, the member’s representative, or the health care provider, the carrier shall send notice in writing of any adverse decision or grievance decision to:

(i) the member and the member’s representative, if any; and

(ii) if the grievance was filed on behalf of the member under subsection (b)(2)(iii) of this section, the health care provider.

(2) A notice required to be sent under paragraph (1) of this subsection shall include the following:

(i) for an adverse decision, the information required under subsection (f) of this section; and

(ii) for a grievance decision, the information required under subsection (i) of this section.

(k) (1) Each carrier shall include the information required by subsection (f)(1)(ii)3, 4, and 5 of this section in the policy, plan, certificate, enrollment materials, or other evidence of coverage that the carrier provides to a member at the time of the member’s initial coverage or renewal of coverage.

(2) Each carrier shall include as part of the information required by paragraph (1) of this subsection a statement indicating that, when filing a complaint with the Commissioner, the member or the member’s representative will be required to authorize the release of any medical records of the member that may be required to be reviewed for the purpose of reaching a decision on the complaint.

(l) (1) Nothing in this subtitle prohibits a carrier from delegating its internal grievance process to a private review agent that has a certificate issued under Subtitle 10B of this title and is acting on behalf of the carrier.

(2) If a carrier delegates its internal grievance process to a private review agent, the carrier shall be:

(i) bound by the grievance decision made by the private review agent acting on behalf of the carrier; and

(ii) responsible for a violation of any provision of this subtitle regardless of the delegation made by the carrier under paragraph (1) of this subsection.
Md. Code, Insurance § 15-1611.1 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1611.1
§15–1611.
Status: in_force

§15–1611.1.

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

(b) Except as provided in subsection (c) of this section, a pharmacy benefits manager may not require that a beneficiary use a specific pharmacy or entity to fill a prescription if:

(1) the pharmacy benefits manager or a corporate affiliate of the pharmacy benefits manager has an ownership interest in the pharmacy or entity; or

(2) the pharmacy or entity has an ownership interest in the pharmacy benefits manager or a corporate affiliate of the pharmacy benefits manager.

(c) Except as provided in § 15–847.2 of this title, a pharmacy benefits manager may require a beneficiary to use a specific pharmacy or entity for a specialty drug as defined in § 15–847 of this title.
Md. Code, Commercial Law § 15-604 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

If a judgment debtor resigns or is dismissed from his employment while an attachment upon his wages is wholly or partly unsatisfied, the attachment shall lapse and no further deduction may be made unless the judgment debtor is reinstated or reemployed within 90 days of the resignation or dismissal.
Md. Code, Insurance § 15-1A-04 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-04
§15–1A–04.
Status: in_force

For purposes of this subtitle, to the extent necessary, the Commissioner shall adopt regulations that:

(1) establish criteria that a health benefit plan must meet to be considered a health benefit plan that covers essential health benefits; and

(2) are consistent with 45 C.F.R. Part 156 Subpart B and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.
Md. Code, Economic Development § 15-106 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

The Fund may be used by the Mayor and City Council of Baltimore City or awarded to a qualified recipient by the Mayor and City Council only for:

(1) operating support for or building the capacity of qualified recipients;

(2) economic and physical improvements to the community through projects that reinvest in and revitalize the community;

(3) the development of women–owned, minority–owned, and small businesses;

(4) the development of recreational facilities, parks, or improvements to the natural environment;

(5) the development and preservation of affordable and workplace housing;

(6) expansion of school programs and capital improvements to school facilities that serve the area;

(7) job training and workforce development; or

(8) counseling for housing and small business development.
Md. Code, Insurance § 15-10B-03 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-03
§15–10B–03.
Status: in_force

(a) A private review agent may not conduct utilization review in this State unless the Commissioner has granted the private review agent a certificate.

(b) The Commissioner shall issue a certificate to an applicant that has met all the requirements of this subtitle and all applicable regulations of the Commissioner.

(c) A certificate issued under this subtitle is not transferable.

(d) The Commissioner may consider an applicant as having met a particular certification requirement under this subtitle if:

(1) the applicant has obtained utilization management accreditation from an approved accrediting organization as determined by the Commissioner;

(2) the approved accrediting organization has requirements that meet or exceed the particular requirement in this subtitle; and

(3) the applicant demonstrates that the applicant meets or exceeds the particular requirement under this subtitle.

(e) The Commissioner may adopt regulations to implement the provisions of this section.

(f) The Commissioner may not issue a certificate to an applicant with utilization management accreditation by an approved accrediting organization unless the applicant meets all the requirements of this subtitle and all applicable regulations of the Commissioner.

(g) A report of an approved accrediting organization used by the Commissioner as evidence that the applicant has met a particular requirement for a private review agent certificate shall be made available by the Commissioner to the public on request.

(h) (1) The Commissioner, after consultation with payors, including the Health Insurance Association of America, the League of Life and Health Insurers of Maryland, and the Maryland Association of Health Plans, and providers of health care, including the MHA: the Association of Maryland Hospitals and Health Systems, CareFirst BlueCross BlueShield, the Medical and Chirurgical Faculty of Maryland, and licensed or certified providers of treatment for a mental illness, emotional disorder, or a drug abuse or alcohol abuse disorder, shall adopt regulations to implement the provisions of this subtitle.

(2) (i) Subject to the provisions of subparagraph (iii) of this paragraph, the regulations adopted by the Commissioner shall include a uniform treatment plan form for utilization review of services for the treatment of a mental illness, emotional disorder, or a substance abuse disorder.

(ii) The uniform treatment plan form adopted by the Commissioner:

1. shall adequately protect the confidentiality of the patient; and

2. may only request the patient’s membership number, policy number, or other similar unique patient identifier and first name for patient identification.

(iii) The Commissioner may waive the requirements of regulations adopted under subparagraph (i) of this paragraph for the use of a uniform treatment plan form for any entity that would be using the form solely for internal purposes.
Md. Code, Commercial Law § 15-606 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

(a) An employer may not discharge his employee because the employee’s wages are subjected to attachment for any one indebtedness within a calendar year.

(b) Any employer who willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.
Md. Code, Estates and Trusts § 15-303 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

Except as otherwise provided in this subtitle, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:

(1) May assume without inquiry that the assignment, even though to the fiduciary or to a nominee of the fiduciary, is within the authority and capacity of the fiduciary and is not in breach of the duties of the fiduciary;

(2) May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and

(3) Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
Md. Code, Education § 15-101 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

(a) Each public institution of higher education shall accept for admission any graduate of an approved public high school:

(1) Who is certified by his high school principal, based on standards of the State Board of Education, as qualified to pursue a course of study at the institution; or

(2) Who meets the admission standards of the institution.

(b) (1) Each public institution of higher education may accept, for special admission any student who has:

(i) Completed the seventh grade; and

(ii) A scholastic aptitude test combined score of 1,200 or an equivalent score on a nationally accepted college entrance examination.

(2) This subsection does not affect the State or local share of aid provided pursuant to § 5–202 of this article to the secondary school in which the student is enrolled.
Md. Code, Environment § 15-514 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-514
§15–514.
Status: in_force

(a) (1) If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing.

(2) (i) If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing.

(ii) Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

(3) If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle.

(4) If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits:

(i) All rights and claims to the permit;

(ii) All materials furnished with the application for the permit; and

(iii) Any subsequent amendments to the permit.

(b) (1) If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment.

(2) If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond.

(3) The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.
Md. Code, Education § 15-106.6 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.6
§15–106.
Status: in_force

§15–106.6.

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

(2) “Fund” means the Higher Education Investment Fund.

(3) “Public senior higher education institution” has the meaning stated in § 10–101(m) of this article.

(4) “Trust Account” means the Tuition Stabilization Trust Account.

(5) “Tuition” means the charges and fees approved by the governing board of a public senior higher education institution which are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.

(b) (1) There is a Higher Education Investment Fund.

(2) The purpose of the Fund is to:

(i) Invest in public higher education and workforce development; and

(ii) Keep tuition affordable for Maryland students and families.

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

(4) The Treasurer shall hold the Fund and the Comptroller shall account for the Fund.

(5) The proceeds of the Fund shall be invested and reinvested.

(6) Any investment earnings shall be paid into the Fund.

(7) The Fund consists of:

(i) Money appropriated in the State budget for the Fund; and

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

(8) The Commission shall administer the Fund.

(9) Money in the Fund may be expended only:

(i) To supplement General Fund appropriations to research institutes of the University System of Maryland and public senior higher education institutions;

(ii) For capital projects for research institutes of the University System of Maryland and public senior higher education institutions;

(iii) For workforce development initiatives administered by the Commission; and

(iv) For initiatives to address higher education needs related to the United States Department of Defense Base Realignment and Closure process.

(10) Expenditures from the Fund may be made only in accordance with an appropriation approved by the General Assembly in the annual State budget.

(c) (1) Within the Fund there is a Tuition Stabilization Trust Account.

(2) (i) The Trust Account is established to retain revenues for stabilizing tuition costs for resident undergraduate students.

(ii) In years of increasing corporate tax revenues that are allocated to the Fund under § 2–613.1 of the Tax – General Article, funds shall be deposited into the Trust Account.

(iii) Funds in the Trust Account shall be used only to stabilize tuition at public senior higher education institutions.

(iv) It is the goal of the State that any increase in resident undergraduate tuition and academic fees at public senior higher education institutions in any given year should be limited to a percent not to exceed the increase in the 3–year rolling average of the State’s median family income.

(3) The Trust Account consists of:

(i) Money appropriated in the State budget for the Trust Account; and

(ii) Any other money from any other source accepted for the benefit of the Trust Account.

(4) A balance of between 1% and 5% of resident undergraduate tuition revenues received by public senior higher education institutions in the prior fiscal year should be maintained in the Trust Account.

(5) Money in the Trust Account may be expended only to supplement General Fund appropriations to public senior higher education institutions for the purpose of stabilizing tuition costs of resident undergraduate students.
Md. Code, Estates and Trusts § 15-617 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-617
§15–617.
Status: in_force

This subtitle modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
Md. Code, Insurance § 15-920 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-920
§15–920.
Status: in_force

The Commissioner may adopt regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not Medicare supplement coverages, for all health insurance policies sold to individuals eligible for Medicare, other than Medicare supplement policies or disability income policies.
Md. Code, Health - General § 15-146 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-146
§15–146.
Status: in_force

(a) In this section, “home– and community–based waiver services” includes services provided under the Living at Home Waiver, the Older Adults Waiver, and the Medical Day Care Waiver.

(b) At least 90 days prior to making any change to medical eligibility for Program long–term care services, including nursing facility services, home– and community–based waiver services, and other services that require a nursing facility level of care, the Department shall provide a report to:

(1) The Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article; and

(2) The Medicaid Advisory Committee.

(c) The report required under subsection (b) of this section shall include:

(1) The details of the intended change in medical eligibility;

(2) A description of how the intended change will affect current medical eligibility;

(3) The intended effective date of the change; and

(4) Whether the change will be pursued through departmental policy, by regulation, or by statute.

(d) The Department shall discuss any report submitted to the Medicaid Advisory Committee under subsection (b) of this section at a meeting of the Medicaid Advisory Committee.
Md. Code, Insurance § 15-1406.1 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1406.1
§15–1406.
Status: in_force

§15–1406.1.

(a) In this section, “eligible employee” means:

(1) a participant under the group health benefit plan; or

(2) an individual who:

(i) has met any waiting period applicable to becoming a participant under the group health benefit plan;

(ii) is eligible to be enrolled under the plan; and

(iii) is not a participant in the group health benefit plan because of failure to enroll during a previous enrollment period.

(b) This section applies if a group health benefit plan makes coverage available to dependents of an eligible employee.

(c) A group health benefit plan subject to this section shall provide a special enrollment period during which the following individuals may be enrolled under the group health benefit plan:

(1) an individual who becomes a dependent of an eligible employee through marriage, birth, adoption, or placement for adoption;

(2) an eligible employee who acquires a new dependent through marriage, birth, adoption, or placement for adoption; and

(3) the spouse of an eligible employee at the birth or adoption of a child, provided the spouse is otherwise eligible for coverage.

(d) An eligible employee may not enroll a dependent during a special enrollment period unless the eligible employee:

(1) is enrolled under the health benefit plan; or

(2) applies for coverage for the eligible employee during the same special enrollment period.

(e) The special enrollment period under subsection (c) of this section shall be a period of not less than 31 days and shall begin on the later of:

(1) the date dependent coverage is made available; or

(2) the date of the marriage, birth, adoption, or placement for adoption, whichever is applicable.

(f) If an eligible employee enrolls any of the individuals described in subsection (c) of this section during the first 31 days of the special enrollment period, the coverage shall become effective as follows:

(1) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received;

(2) in the case of a dependent’s birth, as of the date of the dependent’s birth; and

(3) in the case of a dependent’s adoption or placement for adoption, the date of adoption or placement for adoption, whichever occurs first.
Md. Code, Environment § 15-808 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-808
§15–808.
Status: in_force

(a) A licensee may not engage in surface mining within the State except on affected land that is covered by a valid surface mining permit.

(b) The application shall be in writing and on a form prepared and furnished by the Department and shall fully state the information called for. In addition, the applicant may be required to furnish other information the Department reasonably deems necessary in order to enforce this subtitle.

(c) A permit may cover more than one tract of land, if the tracts are contiguous and are described in the application.

(d) (1) Except as waived by the provisions of paragraph (3) of this subsection, the application shall be accompanied by an agreement, in a form specified by the Department, signed by the applicant and the landowner, if he is a different person from the applicant, stating that:

(i) The Department may enter the land, after making a reasonable effort to notify the permittee, the owner, or any subsequent owners, at any reasonable time during the term of the permit and until the performance bond is released, and while on the property, Department personnel shall comply with all government regulations;

(ii) If a bond forfeiture is ordered, the Department and its representatives and contractors may enter the land and take actions necessary to carry out reclamation which the operator has failed to complete; and

(iii) The agreement shall be recorded in each county where the land is located as §§ 3-102 and 3-103 of the Real Property Article provide at the expense of:

1. The Department for an agreement that is executed on or before July 1, 1985; or

2. The applicant for any agreement that is executed after July 1, 1985.

(2) The application shall be accompanied by a mining and reclamation plan and map which meet the requirements of § 15-822 of this subtitle. No permit may be issued until the plan is approved by the Department.

(3) The Department may waive the requirements of paragraph (1) of this subsection if a contract between the applicant and the landowner, if he is a different person from the applicant, was entered into before July 1, 1974.

(e) Each application for a permit shall be accompanied by a filing fee required by:

(1) Subsection (f) of this section for an original permit;

(2) § 15-815 of this subtitle for a modification of a permit;

(3) § 15-816 of this subtitle for a renewal of a permit; and

(4) § 15-819 of this subtitle for a transfer of a permit.

(f) (1) The fee for an original permit shall be:

(i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and

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

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

(g) The fee shall be paid annually during the term of the permit.

(h) (1) If the term of the permit exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (f) of this section for each 5-year portion of the term of the permit. These additional fees shall be paid to the Department within 1 year before the completion of each 5-year portion of the term of the permit.

(2) Any permit that was granted on or before June 30, 1985, is not subject to the additional fees required by paragraph (1) of this subsection until the time of modification or renewal of the permit under §§ 15-815 and 15-816 of this subtitle.

(i) In addition, before a surface mining permit is issued the applicant shall pay a special reclamation fee of $30 for each acre of land affected. The payment shall be based on the same number of acres as that for which bond is required.

(j) The Governor each year shall place an item in the budget to provide for the matching moneys required by this subsection. These matching funds may be provided by the State in the current budget at the time the permit is issued or in the next succeeding State budget. When all pre-law surface mined lands have been reclaimed, this fee shall cease to be collected.

(k) (1) Any person who violates the provisions of this section or who knowingly or intentionally has filed false information in the application for a permit, or who has not fully complied with all provisions and requirements of the permit, is guilty of a misdemeanor, and, on conviction, is subject to a fine of:

(i) Not more than $25,000; and

(ii) An amount sufficient to cover the cost of reclaiming the affected land.

(2) The fine and any payment for reclamation shall be paid into the Surface Mined Land Reclamation Fund.
Md. Code, Estates and Trusts § 15-511 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-511
§15–511.
Status: in_force

A trustee shall allocate to principal:

(1) To the extent not allocated to income under this subtitle, assets received from a transferor during the transferor’s lifetime, a decedent’s estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;

(2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this subtitle;

(3) Amounts recovered from third parties to reimburse the trust because of disbursements described in § 15–524(a)(7) of this subtitle or for other reasons to the extent not based on the loss of income;

(4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and

(6) Other receipts as provided in Part III of this subtitle.
Md. Code, Health - General § 15-102.6 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.6
§15–102.
Status: in_force

§15–102.6.

(a) (1) Subject to paragraph (2) of this subsection, the provisions of Title 7 of the Insurance Article apply to managed care organizations.

(2) Before approving a transaction under § 7–306 of the Insurance Article, the Insurance Commissioner shall consult with the Secretary.

(3) The Insurance Commissioner:

(i) Shall adopt regulations establishing a reporting materiality threshold; and

(ii) May adopt regulations necessary to implement the provisions of this subsection.

(4) The provisions of this subsection may not apply to any transaction preempted by federal law.

(b) The provisions of Title 4, Subtitle 5 of the Insurance Article apply to managed care organizations.
Md. Code, Health Occupations § 15-302.2 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-302.2
§15–302.
Status: in_force

§15–302.2.

(a) A patient care team physician may not delegate prescribing, dispensing, and administering of controlled dangerous substances, prescription drugs, or medical devices unless the patient care team physician and physician assistant include in the collaboration agreement:

(1) The authority of the physician assistant to prescribe and, if applicable, dispense controlled dangerous substances, prescription drugs, or medical devices;

(2) An attestation that all prescribing and, if applicable, dispensing activities of the physician assistant will comply with applicable federal and State law and regulations;

(3) An attestation that all medical charts or records will contain a notation of any prescriptions written or dispensed by a physician assistant in accordance with this section;

(4) An attestation that all prescriptions dispensed under this section will include the physician assistant’s name and the patient care team physician’s name, business address, and business telephone number legibly written or printed;

(5) An attestation that all prescriptions written under this section will include the physician assistant’s name, business address, and business telephone number legibly written or printed;

(6) An attestation that the physician assistant has:

(i) Passed the physician assistant national certification exam administered by the National Commission on the Certification of Physician Assistants within the previous 2 years; or

(ii) Successfully completed 8 category 1 hours of pharmacology education within the previous 2 years; and

(7) An attestation that the physician assistant has:

(i) A bachelor’s degree or its equivalent; or

(ii) Successfully completed 2 years of work experience as a physician assistant.

(b) (1) A patient care team physician may not delegate the prescribing or dispensing of substances that are identified as Schedule I controlled dangerous substances under § 5–402 of the Criminal Law Article.

(2) A patient care team physician may delegate the prescribing or dispensing of substances that are identified as Schedules II through V controlled dangerous substances under § 5–402 of the Criminal Law Article, including legend drugs as defined under § 503(b) of the Federal Food, Drug, and Cosmetic Act.

(3) A patient care team physician may not delegate the prescribing or dispensing of controlled dangerous substances to a physician assistant unless the physician assistant has a valid:

(i) State controlled dangerous substance registration; and

(ii) Federal Drug Enforcement Agency (DEA) registration.

(c) (1) A patient care team physician may authorize a physician assistant to personally prepare and dispense a drug that the physician assistant is authorized to prescribe under a collaboration agreement if:

(i) Except as otherwise provided under § 12–102(g) of this article, the patient care team physician possesses a dispensing permit; and

(ii) The physician assistant dispenses drugs only within:

1. The patient care team physician’s scope of practice; and

2. The scope of the collaboration agreement.

(2) A patient care team physician may delegate any dispensing duties, including the performance of the final check of prescriptions as required under § 12–102(a)(4)(ii) of this article.
Md. Code, Insurance § 15-134 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-134
§15–134.
Status: in_force

(a) In this section, “grandfathered health plan” has the meaning stated in the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010.

(b) Except as provided in subsection (c) of this section, a provision of this title or Title 14 of this article enacted after January 1, 2010, may not apply to a group health plan that is a grandfathered health plan or health insurance coverage that is a grandfathered health plan if the provision would prevent the group health plan or health insurance coverage from being considered a grandfathered health plan.

(c) Subsection (b) of this section does not apply to any provision of this title or Title 14 of this article enacted after January 1, 2010, to enforce a provision of federal law that was enacted on or before January 1, 2010.
Md. Code, Transportation § 15-703 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-703
§15–703.
Status: in_force

Each application for a license shall be accompanied by a nonrefundable application fee established by the Administration.
Md. Code, Insurance § 15-1A-13 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-13
§15–1A–13.
Status: in_force

(a) If a carrier requires or provides for the designation of a participating primary care provider for an insured individual, the carrier shall allow each insured individual to designate any participating primary care provider if the provider is available to accept the insured individual.

(b) (1) (i) This subsection applies only to an individual who has a child who is an insured individual under the individual’s health benefit plan.

(ii) This subsection may not be construed to waive any exclusions of coverage under the terms and conditions of a health benefit plan with respect to coverage of pediatric care.

(2) If a carrier requires or provides for the designation of a participating primary care provider for a child, the carrier shall allow the individual to designate any participating physician who specializes in pediatrics as the child’s primary care provider if the provider is available to accept the child.

(c) (1) (i) This subsection applies only to a carrier that:

1. provides coverage for obstetrical or gynecological care; and

2. requires the designation by an insured individual of a participating primary care provider.

(ii) This subsection may not be construed to:

1. waive any exclusions of coverage under the terms and conditions of a health benefit plan with respect to coverage of obstetrical or gynecological care; or

2. prohibit a carrier from requiring that the obstetrical or gynecological provider notify the primary care provider or carrier for an insured individual of treatment decisions.

(2) A carrier shall treat the provision of obstetrical and gynecological care and the ordering of related obstetrical and gynecological items and services by a participating health care provider that specializes in obstetrics or gynecology as care authorized by the primary care provider for the insured individual.

(3) A carrier may not require authorization or referral by any person, including the primary care provider for the insured individual, for an insured individual who seeks coverage for obstetrical or gynecological care provided by a participating health care provider who specializes in obstetrics or gynecology.

(4) A health care provider that provides obstetrical or gynecological care shall comply with a carrier’s policies and procedures.
Md. Code, Insurance § 15-704 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-704
§15–704.
Status: in_force

(a) This section applies to each individual, group, or blanket health insurance policy, contract, or certificate of an insurer or nonprofit health service plan that:

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

(ii) is issued to a group that is incorporated or has a main office in the State; or

(iii) covers individuals who reside or work in the State; and

(2) is issued, renewed, amended, or reissued on or after October 1, 2003.

(b) If a policy, contract, or certificate subject to this section provides for reimbursement for a service that is within the lawful scope of practice of a licensed clinical professional counselor, a licensed clinical marriage and family therapist, a licensed clinical alcohol and drug counselor, or a licensed clinical professional art therapist, the insured or any other person covered by the policy or certificate is entitled to reimbursement for the service.
Md. Code, Transportation § 15-1004 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1004
§15–1004.
Status: reserved

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

(b) The annual license fee for a manufacturer or a distributor shall be established by the Administration based on the combined number of new recreational vehicles transferred by the manufacturer or distributor to dealers in the State during the preceding license year.

(c) The annual license fee for a factory branch shall be established by the Administration.
Md. Code, Health - General § 15-1202 — MD Code / Article ghg / Title 15 / Subtitle 12 / Section 15-1202
§15–1202.
Status: in_force

(a) There is a Maryland Interested Parties Advisory Group within the Department.

(b) The primary purpose of the Advisory Group is to advise and consult on Medicaid payment rate sufficiency, ensuring adequate access to applicable service categories.
Md. Code, Insurance § 15-126 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-126
§15–126.
Status: in_force

(a) In this section, “emergency medical condition” means a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson, who possesses an average knowledge of health and medicine, to result in:

(1) placing the patient’s health in serious jeopardy;

(2) serious impairment to bodily functions; or

(3) serious dysfunction of any bodily organ or part.

(b) This section applies to:

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

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

(c) (1) An entity subject to this section may not establish or promote an emergency medical response and transportation system that encourages or directs access by an insured or enrollee in competition with or in substitution of the Maryland Emergency Medical Services System (911) or other State, county, or local government emergency medical services system.

(2) Notwithstanding paragraph (1) of this subsection, an entity subject to this section may use transportation outside the 911 or other government emergency medical services system for services that are not in response to an emergency medical condition.

(d) An entity subject to this section may not require an insured or enrollee to obtain prior authorization before accessing the 911 system or other State, county, or local government emergency medical services system for an emergency medical condition.

(e) An entity subject to this section may not use false or misleading language in its enrollment sales materials or in any other materials provided to insureds or enrollees to discourage or prohibit insureds or enrollees from accessing the 911 system for an emergency medical condition.
Md. Code, Insurance § 15-215 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-215
§15–215.
Status: in_force

(a) Each policy of health insurance shall contain the following provision:

“Payment of claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured’s death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.”

(b) (1) At the option of the insurer, a policy may include either or both of the provisions set forth in paragraphs (2) and (3) of this subsection with the provision set forth in subsection (a) of this section.

(2) “If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is under eighteen years of age or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $ .......... (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.”

(3) “Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical or surgical services may, at the insurer’s option and unless the insured requests otherwise in writing not later than the time of filing proof of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.”
Md. Code, Criminal Procedure § 15-418 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-418
§15–418.
Status: in_force

(a) This section applies only in Queen Anne’s County.

(b) (1) (i) The State’s Attorney’s salary is equal to the salary of a judge of the District Court of Maryland.

(ii) The salary shall be set before the start of the elected term of office.

(2) The State’s Attorney is entitled to reasonable expenses as provided in the county budget for the operation of the office and the performance of the State’s Attorney’s duties.

(c) (1) Subject to the approval of the county commissioners, the State’s Attorney may appoint one or more deputy State’s Attorneys or assistant State’s Attorneys.

(2) The county commissioners shall set the salary of each deputy and assistant State’s Attorney.

(3) The State’s Attorney, deputy State’s Attorneys, or assistant State’s Attorneys shall present cases to the grand jury and perform other duties in relation to the grand jury, the circuit court, including the juvenile court, and the District Court that the State’s Attorney considers necessary.

(d) The State’s Attorney may not:

(1) engage in the private practice of law; or

(2) except in connection with the duties of the office, appear professionally in a criminal proceeding in the State.
Md. Code, Insurance § 15-1614 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1614
§15–1614.
Status: in_force

(a) (1) A pharmacy and therapeutics committee shall:

(i) include clinical specialists that represent the needs of a purchaser’s beneficiaries; and

(ii) include at least one practicing pharmacist and one practicing physician who are independent of any developer or manufacturer of prescription drugs.

(2) A majority of the members of a pharmacy and therapeutics committee shall be practicing physicians or practicing pharmacists.

(b) Each member of a pharmacy and therapeutics committee shall sign a conflict of interest statement updated at least annually disclosing any economic interest or relationship that could influence the pharmacy and therapeutics committee’s decisions.
Md. Code, Transportation § 15-315 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-315
§15–315.
Status: in_force

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

(1) The person, his management personnel, or any other person who has a direct or indirect financial interest in the dealership is untrustworthy, lacks competence, or has been convicted by final judgment in any court of a crime of moral turpitude;

(2) The vehicle sales transactions of the person have been marked by a practice of failure to perform contracts or by fraud or bad faith;

(3) The person or the manufacturer or distributor of the vehicles in which the person deals is not in compliance with the surety bond requirements of § 15-205 of this title; or

(4) The person has failed to comply with any of the provisions of the Maryland Vehicle Law relating to the registration of vehicles, certificates of title, and the sale of vehicles.

(b) As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or refusal to renew a license under this section, the Administrator may order the licensee to pay a fine not exceeding $1,000 for each violation of this subtitle.
Md. Code, Transportation § 15-1010 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1010
§15–1010.
Status: in_force

(a) (1) If a dealer desires to make a transfer in ownership by sale of the business assets, stock transfer, or any other method, the dealer shall give a manufacturer or distributor that has entered into a dealer agreement with the dealer written notice at least 10 business days before the transfer, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine whether an objection to the transfer may be made.

(2) A manufacturer or distributor may not object to the proposed transfer of ownership unless the prospective transferee:

(i) Has been terminated for cause by the manufacturer or distributor;

(ii) Has been convicted of a felony or any crime of moral turpitude;

(iii) Lacks any dealer license required by law;

(iv) Lacks an active line of credit sufficient to purchase the manufacturer’s or distributor’s product; or

(v) Has undergone bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee’s business property.

(b) (1) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice to the dealer within 7 business days after receipt of the dealer’s notification and complete documentation.

(2) If the manufacturer or distributor does not give timely notice of the objection, the transfer shall be deemed approved.

(c) (1) A dealer shall have an opportunity to designate, in writing, a family member as a successor to the dealer’s business in the event of death, incapacity, or retirement of the dealer.

(2) A manufacturer or distributor may object to the successor within 10 business days after receipt of the dealer’s succession plan only if the successor:

(i) Was convicted of a felony or crime of moral turpitude;

(ii) Declared bankruptcy or insolvency within the previous 10 years;

(iii) Lacks an active line of credit sufficient to purchase the manufacturer’s or distributor’s product;

(iv) Lacks any dealer’s license required by law; or

(v) Would cause or has caused a breach of the dealer agreement.
Md. Code, Insurance § 15-924 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-924
§15–924.
Status: in_force

(a) Solicitation of the sale of a health insurance policy proposed to be issued to an individual eligible for Medicare may be made only in accordance with this section and § 15-925 of this subtitle.

(b) (1) When soliciting the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer shall ask the individual whether the individual:

(i) is already covered by an existing Medicare supplement policy; and

(ii) is entitled to Medicaid benefits.

(2) The carrier or insurance producer shall obtain a written statement from the individual that verifies the individual’s information provided under paragraph (1) of this subsection.

(c) When soliciting or advertising the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer may not:

(1) represent or imply that the carrier or insurance producer represents, works for, or is compensated by a federal, State, or local government agency;

(2) falsely represent or imply that the carrier or insurance producer is offering insurance to supplement Medicare that is approved or recommended by a federal, State, or local government agency;

(3) use terms such as “Medicare consultant”, “Medicare advisor”, “Medicare bureau”, or “disability insurance consultant” when describing the carrier or insurance producer in a letter, envelope, reply card, or any other writing or advertisement or in any oral representation; or

(4) knowingly make a misrepresentation or incomplete or fraudulent comparison by commission or omission of a policy or carrier to induce or attempt to induce the individual to:

(i) purchase, amend, lapse, surrender, forfeit, change, duplicate, or not renew coverage already in force;

(ii) replace a policy that is only technically at variance with the policy being offered by the carrier or insurance producer; or

(iii) take out a policy with another carrier.
Md. Code, Alcoholic Beverages and Cannabis § 15-1201 — MD Code / Article gab / Title 15 / Subtitle 12 / Section 15-1201
§15–1201.
Status: in_force

(a) There is a local caterer’s license.

(b) The Board may issue the license to a person to contract with a sponsor of a public or private event to provide food and alcoholic beverages if the person holds:

(1) an alcoholic beverages license issued in the county; and

(2) a caterer’s license issued by the county health department.

(c) The license authorizes a holder to:

(1) sell or provide alcoholic beverages on the premises of a catered event during the event; and

(2) exercise the privileges of the license only during the hours and on the days authorized for a Class B restaurant or hotel (on–sale) beer, wine, and liquor license.

(d) The license holder shall provide food for consumption at the catered event.

(e) The Board shall set the fee for the license.

(f) This section does not require a holder of a Class B restaurant or hotel (on–sale) beer, wine, and liquor license to obtain a local caterer’s license for catering on the premises for which the Class B license is issued.
Md. Code, Transportation § 15-606 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-606
§15–606.
Status: in_force

(a) A title service agent or an agent or employee of a title service agent may not make any material misrepresentation on any form of the Administration.

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

(c) A title service agent or an agent or employee of a title service agent may not willfully fail to notify the Administration of any change in the ownership, management, name, or location of the business conducted under the license.

(d) A title service agent or an agent or employee of a title service agent may not fail to account for and remit to the Administration any fees received by him for any certificates of title, registrations, drivers’ licenses, certified copies of records, or other related documents.

(e) A title service agent or an agent or employee of a title service agent may not conduct any title service agency business with or through any person required to be licensed under this title if he knows that the person is not licensed.

(f) A title service agent or an agent or employee of a title service agent may not willfully violate any provision of the Maryland Vehicle Law that relates to the business of a title service agent.

(g) A title service agent or an agent or employee of a title service agent may not willfully fail to comply with any rule, regulation, or lawful order adopted by the Administration under this title.
Md. Code, Health - General § 15-155 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-155
§15–155.
Status: in_force

(a) In this section, “prenatal risk assessment form” means a standardized form developed by the Department in accordance with the Centers for Medicare and Medicaid Services guidelines for use by a licensed health care provider to evaluate risk factors for the health of a pregnant patient.

(b) A provider who receives reimbursement from the Program for providing obstetric services to a patient shall complete a prenatal risk assessment form for the patient during the initial visit with the patient.

(c) After completing a prenatal risk assessment form in accordance with subsection (b) of this section, the provider shall submit the form to the local health department for the county in which the patient resides.

(d) On or before October 1 each year, each local health department shall submit to the Department a report that includes the number and type of referrals made to patients that were based on the information from the prenatal risk assessment form completed in accordance with subsection (b) of this section.

(e) The Department shall establish a process for a provider to submit a prenatal risk assessment form electronically.
Md. Code, Land Use § 15-304 — MD Code / Article glu / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) Within a reasonable time after the Commission makes a request, public officials of the State, Montgomery County, and Prince George’s County shall furnish the Commission with available information required for Commission work.

(b) The Washington Suburban Sanitary Commission shall:

(1) make available for Commission use the maps, surveys, engineering information, and other records of the Washington Suburban Sanitary Commission; and

(2) when requested by the Commission, furnish engineering services and advice at cost.
Md. Code, Insurance § 15-826.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-826.1
§15–826.
Status: in_force

§15–826.1.

(a) In this section, “authorized prescriber” has the meaning stated in § 12–101 of the Health Occupations Article.

(b) This section applies to:

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

(c) (1) This subsection does not apply to a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act.

(2) An entity subject to this section:

(i) except for a drug or device for which the U.S. Food and Drug Administration has issued a black box warning, may not apply a prior authorization requirement for a contraceptive drug or device that is:

1. A. an intrauterine device; or

B. an implantable rod;

2. approved by the U.S. Food and Drug Administration; and

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

(ii) except as provided in paragraph (3) of this subsection, may not apply a copayment or coinsurance requirement for a contraceptive drug or device that is:

1. approved by the U.S. Food and Drug Administration; and

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

(3) An entity subject to this section may apply a copayment or coinsurance requirement for a contraceptive drug or device that, according to the U.S. Food and Drug Administration, is therapeutically equivalent to another contraceptive drug or device that is available under the same policy or contract without a copayment or coinsurance requirement.

(d) (1) An entity subject to this section shall provide coverage for a single dispensing to an insured or an enrollee of a supply of prescription contraceptives for up to a 12–month period.

(2) Whenever an entity subject to this section increases the copayment for a single dispensing of a supply of prescription contraceptives for up to a 12–month period, the entity shall also increase proportionately the dispensing fee paid to the pharmacist.

(3) This subsection may not be construed to require a provider to prescribe, furnish, or dispense 12 months of contraceptives at one time.

(e) (1) Subject to paragraph (2) of this subsection, an entity subject to this section:

(i) shall provide coverage without a prescription for all contraceptive drugs approved by the U.S. Food and Drug Administration and available by prescription and over the counter; and

(ii) may not apply a copayment or coinsurance requirement for a contraceptive drug dispensed without a prescription under item (i) of this paragraph that exceeds the copayment or coinsurance requirement for the contraceptive drug dispensed under a prescription.

(2) An entity subject to this section:

(i) may only be required to provide point–of–sale coverage under paragraph (1)(i) of this subsection at in–network pharmacies; and

(ii) may limit the frequency with which the coverage required under paragraph (1)(i) of this subsection is provided.
Md. Code, Alcoholic Beverages and Cannabis § 15-805 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-805
§15–805.
Status: in_force

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

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

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $500.
Md. Code, Insurance § 15-1410 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1410
§15–1410.
Status: in_force

(a) In this section, “plan year” has the meaning stated in § 15–1201 of this title.

(b) The guaranteed issuance of coverage provision in Title I, Subtitle C of the Affordable Care Act applies to each health benefit plan with a plan year that begins on or after January 1, 2014.
Md. Code, State Finance and Procurement § 15-221.1 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-221.1
§15–221.
Status: in_force

§15–221.1.

(a) The Appeals Board may award an interested party the reasonable costs of filing and pursuing a protest, including reasonable attorney’s fees, if:

(1) the interested party appeals the final action of an agency on a protest;

(2) the Appeals Board sustains the appeal; and

(3) the Appeals Board finds that there has been a violation of law or regulation.

(b) The Appeals Board shall adopt regulations to implement this section and to determine what constitutes reasonable costs of filing and pursuing a protest.
Md. Code, Alcoholic Beverages and Cannabis § 15-1801 — MD Code / Article gab / Title 15 / Subtitle 18 / Section 15-1801
§15–1801.
Status: in_force

Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 15-10B-02 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-02
§15–10B–02.
Status: in_force

The purpose of this subtitle is to:

(1) promote the delivery of quality health care in a cost effective manner that ensures timely access to health care services;

(2) foster greater coordination, communication, and transparency between payors, patients, and providers conducting utilization review activities;

(3) protect patients, business, and providers by ensuring that private review agents are qualified to perform utilization review activities and to make informed decisions on the appropriateness of medical care; and

(4) ensure that private review agents maintain the confidentiality of medical records in accordance with applicable State and federal laws.
Md. Code, Environment § 15-301 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

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

(b) “Examining authority” means the Director of the Bureau or the Director’s designee when referring to the procedure for grant or suspension of a permit of competence or grant or suspension of a first–class mine foreman certificate of competence or a fire–boss certificate of competence.
Md. Code, Insurance § 15-10A-03 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-03
§15–10A–03.
Status: in_force

(a) (1) Within 4 months after the date of receipt of an adverse decision or a grievance decision, a member, a member’s representative, or a health care provider, who filed the grievance on behalf of the member under § 15–10A–02(b)(2)(iii) of this subtitle, may file a complaint with the Commissioner.

(2) Whenever the Commissioner receives a complaint under this subsection, the Commissioner shall notify the carrier that is the subject of the complaint within 5 working days after the date the complaint is filed with the Commissioner.

(3) Except for an emergency case under subsection (b)(1)(ii) of this section, the carrier that is the subject of a complaint filed under paragraph (1) of this subsection shall provide to the Commissioner any information requested by the Commissioner no later than 7 working days from the date the carrier receives the request for information.

(b) (1) In developing procedures to be used in reviewing and deciding complaints, the Commissioner shall:

(i) allow a health care provider to file a complaint on behalf of a member; and

(ii) establish an expedited procedure for use in an emergency case for the purpose of making a final decision on a complaint within 24 hours after the complaint is filed with the Commissioner.

(2) For purposes of using the expedited procedure for an emergency case under paragraph (1)(ii) of this subsection, the Commissioner shall define by regulation the standards required for a grievance to be considered an emergency case.

(c) (1) Except as provided in paragraph (2) of this subsection and except for an emergency case under subsection (b)(1)(ii) of this section, the Commissioner shall make a final decision on a complaint:

(i) within 45 days after a complaint regarding a pending health care service is filed; and

(ii) within 45 days after a complaint is filed regarding a retrospective denial of services already provided.

(2) The Commissioner may extend the period within which a final decision is to be made under paragraph (1) of this subsection for up to an additional 30 working days if:

(i) the Commissioner has not yet received information requested by the Commissioner; and

(ii) the information requested is necessary for the Commissioner to render a final decision on the complaint.

(d) The Commissioner shall seek advice from an independent review organization or medical expert, as provided in § 15–10A–05 of this subtitle, for complaints filed with the Commissioner under this subtitle that involve a question of whether a health care service provided or to be provided to a member is medically necessary.

(e) (1) A carrier shall have the burden of persuasion that its adverse decision or grievance decision, as applicable, is correct:

(i) during the review of a complaint by the Commissioner or a designee of the Commissioner; and

(ii) in any hearing held in accordance with § 2–210 of this article.

(2) As part of the review of a complaint, the Commissioner or a designee of the Commissioner may consider all of the facts of the case and any other evidence that the Commissioner or designee of the Commissioner considers appropriate.

(3) As required under § 15–10A–02(i) of this subtitle, the carrier’s adverse decision or grievance decision shall state in detail in clear, understandable language the factual bases for the decision and reference the specific criteria and standards, including interpretive guidelines on which the decision was based.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, in responding to a complaint, a carrier may not rely on any basis not stated in its adverse decision or grievance decision.

(ii) The Commissioner may allow a carrier, a member, a member’s representative, or a health care provider filing a complaint on behalf of a member to provide additional information as may be relevant for the Commissioner to make a final decision on the complaint.

(iii) The Commissioner shall allow the member, the member’s representative, or the health care provider filing a complaint on behalf of the member at least 5 working days to provide the additional information described in subparagraph (ii) of this paragraph.

(iv) The Commissioner’s use of additional information may not delay the Commissioner’s decision on the complaint by more than 5 working days.

(f) The Commissioner may request the member that filed the complaint or a legally authorized designee of the member to sign a consent form authorizing the release of the member’s medical records to the Commissioner or the Commissioner’s designee that are needed in order for the Commissioner to make a final decision on the complaint.
Md. Code, Insurance § 15-846 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-846
§15–846.
Status: in_force

(a) In this section, “cancer chemotherapy” means medication that is prescribed by a licensed physician to kill or slow the growth of cancer cells.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide coverage for both orally administered cancer chemotherapy and cancer chemotherapy that is administered intravenously or by injection under health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide coverage for both orally administered cancer chemotherapy and cancer chemotherapy that is administered intravenously or by injection under contracts that are issued or delivered in the State.

(c) An entity subject to this section may not impose dollar limits, copayments, deductibles, or coinsurance requirements on coverage for orally administered cancer chemotherapy that are less favorable to an insured or enrollee than the dollar limits, copayments, deductibles, or coinsurance requirements that apply to coverage for cancer chemotherapy that is administered intravenously or by injection.

(d) An entity subject to this section may not reclassify cancer chemotherapy or increase a copayment, deductible, coinsurance requirement, or other out–of–pocket expense imposed on cancer chemotherapy to achieve compliance with this section.
Md. Code, Environment § 15-832 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-832
§15–832.
Status: in_force

(a) In addition to the State prosecuting a criminal action under any provision of this subtitle, the Attorney General may bring a civil action in the circuit court of the county or city where the mining operation is located against any person who violates any provision of this subtitle or any regulation, permit, notice, or order issued under this subtitle. The circuit court may find the violator liable to the State for a penalty not exceeding $5,000 for each offense. Each day on which the violation occurs constitutes a separate offense.

(b) On application of the Department, verified by oath or affirmation, the circuit court of the county or city where the mining operation is located, may enforce by injunction compliance with, or restrain the violation of any order, notice, permit, rule, or regulation of the Department made pursuant to the provisions of this subtitle or restrain the violation or attempted violation of any of the provisions of this subtitle.
Md. Code, Insurance § 15-302 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

(a) Group health insurance is health insurance issued to persons specified in this section to cover the groups of individuals described in this section, with or without their dependents or family members, or to cover their dependents or family members.

(b) (1) (i) In this subsection, “employee” may include:

1. an officer or manager of the employer;

2. a sole proprietor if the employer is a sole proprietorship;

3. a partner if the employer is a partnership;

4. an officer, manager, or employee of a corporation that is an affiliate or subsidiary of the employer;

5. a sole proprietor, partner, or employee of a sole proprietorship or partnership if the businesses of the employer and sole proprietorship or partnership are under common control through stock ownership, contract, or otherwise;

6. a retired employee;

7. an elected or appointed official of a public body, but only if the policy is issued to insure employees of the public body; and

8. a trustee of the fund, employee of the trustee, or both if the duties of the trustee or employee are connected principally with the trusteeship.

(ii) “Employee” does not include a director of a corporate employer unless the director is otherwise eligible as an employee of the corporation by performing services other than the usual duties of a director.

(2) A policy of group health insurance may be issued to an employer or the trustees of a fund established by an employer to cover employees of the employer for the benefit of persons other than the employer.

(3) The employer or trustees to which the policy is issued are deemed the policyholder.

(c) (1) In this subsection, “employee” may include a retired employee.

(2) A policy of group health insurance may be issued to an association, including a labor union, that has a constitution and bylaws and that is organized and maintained in good faith for purposes other than that of obtaining insurance, to cover members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees.

(d) (1) In this subsection, “employee” may include:

(i) an officer or manager of the employer;

(ii) a sole proprietor if the employer is a sole proprietorship;

(iii) a partner if the employer is a partnership;

(iv) a retired employee; and

(v) a trustee of the fund, employee of the trustee, or both if the duties of the trustee or employee are connected principally with the trusteeship.

(2) A policy of group health insurance may be issued to the trustees of a fund established by two or more employers in the same or related industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association described in subsection (b) of this section, to cover employees of the employers, members of the unions, members of the association, or employees of members of the association, for the benefit of persons other than the employers, unions, or association.

(3) The trustees to which the policy is issued are deemed the policyholder.

(e) A policy of group health insurance may be issued to a person to which a policy of group life insurance may be issued or delivered in the State, to cover a class or classes of individuals eligible for insurance under the group life policy.

(f) A policy of group health insurance may be issued to cover any other substantially similar group that, in the discretion of the Commissioner, may be eligible for group health insurance.
Md. Code, Environment § 15-827 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-827
§15–827.
Status: in_force

(a) The permittee shall file an operations and progress report with the Department by March 31 of each year, on a form prescribed and furnished by the Department, which shall cover the preceding calendar year and shall:

(1) Identify the mine, the permittee, and the permit number;

(2) Identify the location of the operation as to county, district, nearest municipality, and nearest public road;

(3) Report the type of mineral produced, the volume produced, and the value of production of each for the previous year. Individual company data is confidential and may be released only with the permittee’s written consent;

(4) State the acreage disturbed by surface mining during the previous year;

(5) State and describe the amount and type of reclamation carried out during the previous year;

(6) Estimate the acreage to be newly disturbed by mining in the next year; and

(7) Provide any additional information or maps which the Department reasonably requires.

(b) In addition, at the end of each calendar year the permittee shall furnish to the Department a new surveyed map, showing the status of the operation and indicating the area affected and reclaimed during the preceding year, particularly with relation to the property lines and boundaries shown on the map and survey furnished with the original application. A registered professional engineer or professional surveyor is not required to prepare this progress report map. However, if prepared by the permittee, the map shall be of reasonable quality, accuracy, and legibility, and acceptable to the Department.
Md. Code, Health - General § 15-141.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.2
§15–141.
Status: in_force

§15–141.2.

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

(2) “Distant site” means a site at which the distant site health care provider is located at the time the health care service is provided through telehealth.

(3) “Distant site provider” means the health care provider who provides medically necessary services to a patient at an originating site from a different physical location than the location of the patient.

(4) “Health care provider” means:

(i) A person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care in the ordinary course of business or practice of a profession or in an approved education or training program;

(ii) A mental health and substance use disorder program licensed in accordance with § 7.5–401 of this article;

(iii) A person licensed under Title 7, Subtitle 9 of this article to provide services to an individual with developmental disability or a recipient of individual support services; or

(iv) A provider as defined under § 16–201.4 of this article to provide services to an individual receiving long–term care services.

(5) “Originating site” means the location of the Program recipient at the time the health care service is provided through telehealth.

(6) “Remote patient monitoring services” means the use of synchronous or asynchronous digital technologies that collect or monitor medical, patient–reported, and other forms of health care data for Program recipients at an originating site and electronically transmit that data to a distant site provider to enable the distant site provider to assess, diagnose, consult, treat, educate, provide care management, suggest self–management, or make recommendations regarding the Program recipient’s health care.

(7) (i) “Telehealth” means the delivery of medically necessary somatic, dental, or behavioral health services to a patient at an originating site by a distant site provider through the use of technology–assisted communication.

(ii) “Telehealth” includes:

1. Synchronous and asynchronous interactions;

2. An audio–only telephone conversation between a health care provider and a patient that results in the delivery of a billable, covered health care service; and

3. Remote patient monitoring services.

(iii) “Telehealth” does not include the provision of health care services solely through:

1. Except as provided in subparagraph (ii)2 of this paragraph, an audio–only telephone conversation;

2. An e–mail message; or

3. A facsimile transmission.

(b) The Program shall:

(1) Provide health care services appropriately delivered through telehealth to Program recipients regardless of the location of the Program recipient at the time telehealth services are provided; and

(2) Allow a distant site provider to provide health care services to a Program recipient from any location at which the health care services may be appropriately delivered through telehealth.

(c) The services required to be provided under subsection (b) of this section shall include counseling and treatment for substance use disorders and mental health conditions.

(d) The Program may not:

(1) Exclude from coverage a health care service solely because it is provided through telehealth and is not provided through an in–person consultation or contact between a health care provider and a patient; or

(2) Exclude from coverage a behavioral health care service provided to a Program recipient in person solely because the service may also be provided through telehealth.

(e) The Program may undertake utilization review, including preauthorization, to determine the appropriateness of any health care service whether the service is delivered through an in–person consultation or through telehealth if the appropriateness of the health care service is determined in the same manner.

(f) The Program may not distinguish between Program recipients in rural or urban locations in providing coverage under the Program for health care services delivered through telehealth.

(g) (1) Subject to paragraph (3) of this subsection, the Program shall reimburse a health care provider for the diagnosis, consultation, and treatment of a Program recipient for a health care service covered by the Program that can be appropriately provided through telehealth.

(2) This subsection does not require the Program to reimburse a health care provider for a health care service delivered in person or through telehealth that is:

(i) Not a covered health care service under the Program; or

(ii) Delivered by an out–of–network provider unless the health care service is a self–referred service authorized under the Program.

(3) (i) When appropriately provided through telehealth, the Program shall provide reimbursement in accordance with paragraph (1) of this subsection on the same basis and the same rate as if the health care service were delivered by the health care provider in person.

(ii) The reimbursement required under subparagraph (i) of this paragraph does not include:

1. Clinic facility fees unless the health care service is provided by a health care provider not authorized to bill a professional fee separately for the health care service; or

2. Any room and board fees.

(h) (1) The Department may specify in regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients under this section.

(2) If the Department specifies by regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients under this subsection, the regulations shall include all types of health care providers that appropriately provide telehealth services.

(3) For the purpose of reimbursement and any fidelity standards established by the Department, a health care service provided through telehealth is equivalent to the same health care service when provided through an in–person consultation.

(i) Subject to subsection (g)(2) of this section, the Program or a managed care organization that participates in the Program may not impose as a condition of reimbursement of a covered health care service delivered through telehealth that the health care service be provided by a third–party vendor designated by the Program.

(j) The Department may adopt regulations to carry out this section.

(k) The Department shall obtain any federal authority necessary to implement the requirements of this section, including applying to the Centers for Medicare and Medicaid Services for an amendment to any of the State’s § 1115 waivers or the State plan.

(l) This section may not be construed to supersede the authority of the Health Services Cost Review Commission to set the appropriate rates for hospitals, including setting the hospital facility fee for hospital–provided telehealth.
Md. Code, Insurance § 15-1702 — MD Code / Article gin / Title 15 / Subtitle 17 / Section 15-1702
§15–1702.
Status: in_force

(a) A carrier may not use a physician rating system unless the physician rating system is approved by a ratings examiner.

(b) A carrier shall contract with and pay for a ratings examiner to review any physician rating system of the carrier.

(c) A physician rating system of a carrier is deemed to meet the requirements of this section if the physician rating system:

(1) is approved by a ratings examiner as of January 1, 2010; and

(2) notwithstanding any revisions to the physician rating system, maintains its approval by the ratings examiner.
Md. Code, Business Occupations and Professions § 15-308 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: in_force

(a) If an applicant fails an examination given under this subtitle, the Board or its designee shall provide notice of the failure to the applicant.

(b) (1) Subject to this subsection, an applicant who fails an examination may review the applicant’s examination in accordance with the Council’s review policies unless the policies have been otherwise amended by the Board.

(2) To conduct a review under this subsection, an applicant shall submit a written request to the Board within 60 days after the date the applicant is notified of the applicant’s failure of the examination.

(3) An applicant who does not request review in accordance with paragraph (2) of this subsection waives the right to review under this subsection.

(c) The Board shall confirm the test score of any applicant who fails an examination given under this subtitle if the applicant submits a written request to the Board.
Md. Code, Environment § 15-1204 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1204
§15–1204.
Status: reserved

(a) (1) An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest.

(2) A mineral interest is preserved in the county in which the notice is recorded.

(b) (1) The following individuals may record a notice in accordance with subsection (a) of this section:

(i) An owner of the mineral interest;

(ii) Another person legally authorized to act on behalf of the owner; or

(iii) A co–owner, for the benefit of any or all co–owners.

(2) A notice recorded under subsection (a) of this section shall contain:

(i) 1. The name of the owner, or co–owners, of the mineral interest; or

2. If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and

(ii) An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section.

(c) A mineral interest shall be identified by:

(1) A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest;

(2) The judgment or decree that confirms the mineral interest;

(3) A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or

(4) A general reference to any or all mineral interests of the owner in any real property situated in the county, if:

(i) A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or

(ii) A judgment or decree confirms the mineral interest.
Md. Code, Insurance § 15-808 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-808
§15–808.
Status: in_force

(a) In this section, “home health care” means the continued care and treatment of a covered individual if:

(1) institutionalization of the individual would have been required if home health care was not provided; and

(2) the individual’s physician establishes and approves in writing the plan of treatment covering the home health care service.

(b) This section applies to each individual, group, or blanket health insurance policy that is issued or delivered in the State by an insurer or nonprofit health service plan.

(c) A policy subject to this section that provides coverage for inpatient hospital care on an expense-incurred basis shall provide benefits for the expenses of home health care that is provided by a person licensed under the Health Occupations Article.

(d) Home health care shall be provided by:

(1) a hospital that has a valid operating certificate and is certified to provide home health care services; or

(2) a public or private health service or agency that is licensed as a home health agency under Title 19, Subtitle 4 of the Health - General Article to provide coordinated home health care.

(e) (1) A contract may limit the number of home health care visits, but not to fewer than 40 visits in a calendar year or in a continuous 12-month period for each individual covered under the contract.

(2) In determining the benefits for home health care available to a covered individual:

(i) each visit by a member of a home health care team is considered one home health care visit; and

(ii) up to 4 hours of home health care service is considered one home health care visit.
Md. Code, Alcoholic Beverages and Cannabis § 15-804 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-804
§15–804.
Status: in_force

A Class C beer and wine license may not be issued in the county.
Md. Code, Alcoholic Beverages and Cannabis § 15-602 — MD Code / Article gab / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

(a) There is a Class B beer license.

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

(c) The annual license fee is $250.
Md. Code, Alcoholic Beverages and Cannabis § 15-2005 — MD Code / Article gab / Title 15 / Subtitle 20 / Section 15-2005
§15–2005.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, a holder of a license that allows the sale of alcoholic beverages for on–premises consumption may sell the alcoholic beverages allowed by the license from 2 p.m. on December 31 to midnight on January 1, no matter what days of the week December 31 and January 1 fall on.

(b) A holder of a license that allows the sale of alcoholic beverages for on–premises consumption may sell alcoholic beverages in accordance with the hours authorized by the license if the hours specified for December 31 and January 1 under subsection (a) of this section are more restrictive than the regular hours.

(c) A holder of a Class B or Class D license that allows beer sales for off–premises consumption may sell beer on December 31 and January 1 in accordance with the privileges granted by the license.
Md. Code, Insurance § 15-225 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-225
§15–225.
Status: in_force

A policy of health insurance may contain the following provision:

“Unpaid premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.”
Md. Code, Criminal Procedure § 15-302 — MD Code / Article gcp / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

The Coordinator shall:

(1) establish and implement standard and specialized training programs for and provide materials to State’s Attorneys and professional staffs of State’s Attorneys;

(2) provide and coordinate continuing legal education programs and services for State’s Attorneys and professional staffs of State’s Attorneys, including:

(i) legal research;

(ii) technical assistance;

(iii) technical and professional publications; and

(iv) the compiling and disseminating of information concerning and the advising of State’s Attorneys about developments in the criminal law and the administration of criminal justice relating to the duties of the office of State’s Attorney;

(3) with the approval of the Council, establish and implement uniform reporting procedures for State’s Attorneys and professional staffs of State’s Attorneys to maintain and provide statistical data and information relating to prosecutorial functions and standards of the office of State’s Attorney;

(4) with the approval of the Council, accept and expend funds, grants, and gifts and accept services from public or private sources;

(5) with the approval of the Council, enter into agreements and contracts with public or private agencies or educational institutions;

(6) provide services and functions as the Council directs to carry out the duties of the office of Coordinator;

(7) administer the Victim and Witness Protection and Relocation Program established under § 11–902 of this article, including consideration of and approving the release of money from the Program;

(8) consult with the State Board of Victim Services on the administration of the Victim and Witness Protection and Relocation Program; and

(9) meet and confer regularly with the Attorney General, the State’s Attorneys, and the Council.
Md. Code, Insurance § 15-502 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

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

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

(2) issued, renewed, amended, or reissued on or after July 1, 1978.

(b) A policy or certificate subject to this section that provides or pays for health care benefits may not contain a provision that denies or reduces benefits because services are rendered to a policyholder, certificate holder, or beneficiary who is eligible for or receives medical assistance under § 15-103 of the Health - General Article.
Md. Code, Health - General § 15-103.7 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.7
§15–103.
Status: in_force

§15–103.7.

(a) In this section, “Program” means the program established by the Department under subsection (b) of this section.

(b) (1) The Department shall establish a value–based purchasing program that awards financial incentives to and assesses penalties on managed care organizations based on the organization’s performance on health measures established by the Department.

(2) The Department shall, in accordance with this section, establish criteria to implement the Program, including the establishment of performance targets, award of incentives, and collection of penalties.

(c) Not more than 1% of the amount of capitated payments received by a managed care organization each year shall be subject to the collection of penalties under the Program.

(d) For each measurement year, beginning January 1, 2021, the Department may not in any calendar year pay a total amount of incentives to managed care organizations under the Program in an amount that exceeds:

(1) The total amount of penalties the Department collects from managed care organizations under the Program; and

(2) Any additional funds allocated by the Department to support the Program.

(e) (1) For each measurement year, beginning January 1, 2021, the Department shall base the initial distribution of funding awarded under the Program to a managed care organization in each calendar year on the number of performance targets that the managed care organization meets or exceeds.

(2) For each measurement year, beginning January 1, 2021, if the total amount of penalties that the Department collects under the Program exceeds the total amount of incentive funding awarded in the initial distribution of funds in a calendar year under the Program, the remaining funds shall be allocated as follows:

(i) 40% to managed care organizations that have met or exceeded more performance targets than the managed care organization has not met;

(ii) 25% to managed care organizations that the Department determines have demonstrated performance improvement in the measurement year, if the managed care organizations use the funding to target performance improvement in areas identified by the Department;

(iii) 25% for health improvement programs under the Maryland Medicaid Managed Care Program, with the funding used to fund enhancements in:

1. Areas where the Maryland Medicaid Managed Care Program as a whole underperforms as compared to equivalent programs in other states; or

2. Areas determined by the Department to be a State health priority;

(iv) Except as provided in item (v) of this paragraph, 10% to establish a reserve in the HealthChoice Performance Incentive Fund to be used in any calendar year in which the amount of penalties the Department collects under the Program are insufficient to pay incentives earned by managed care organizations; and

(v) If the Department may not allocate funds, in whole or in part, in accordance with item (iv) of this paragraph because of the limitation in paragraph (3) of this subsection, the Department shall equally allocate the remaining funds for use under items (i), (ii), and (iii) of this paragraph.

(3) The Department may not allocate funds under paragraph (2)(iv) of this subsection in a manner that causes the balance in the HealthChoice Performance Incentive Fund to exceed $5 million.

(f) Subject to the provisions of this section, the Department may modify the Program if the Department:

(1) Adopts by regulation any changes to the core set of performance measures and the methodology for penalties, rewards, disincentives, or incentives under subsection (e)(1) and (2)(i) of this section before the calendar year for which the managed care organizations will be held accountable for the standard compliance with the performance measures; and

(2) Notifies each managed care organization of the core set of performance measures and targets under subsection (e)(1) and (2)(i) of this section at least 3 months before the calendar year for which the managed care organization will be held accountable to the standard for compliance with the performance measures.

(g) Any penalty or capitation adjustment imposed under this section on a managed care organization may not be accomplished or implemented by withholding a capitation payment.

(h) The Department shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-803 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-803
§15–803.
Status: in_force

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

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

(c) The annual license fee is $500.
Md. Code, Health - General § 15-901 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-901
§15–901.
Status: in_force

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

(b) “Independent home care provider” means an individual who:

(1) Provides home care services that are directly reimbursed by the State or a fiscal intermediary functioning on behalf of the State, and not by an agency or business that employs employees or refers independent contractors as home care providers, under:

(i) The Medicaid Waiver for Older Adults that is jointly administered by the Department and the Department of Aging as established under § 15–132 of this title, or any successor program;

(ii) The Medicaid Personal Care Program under the State Medical Assistance Program, or any successor program; and

(iii) The In–Home Aide Service Program administered by the Department of Human Services, or any successor program;

(2) Is not employed or referred by an agency or business that employs employees or refers independent contractors as home care providers;

(3) Contracts directly with a program participant for home care services; and

(4) Provides home care services to a program participant personally and does not subcontract with any other party to provide the services to a program participant.

(c) (1) “Provider organization” means an organization that:

(i) Includes independent home care providers; and

(ii) Has as one of its purposes the representation of independent home care providers in their relations with the State.

(2) “Provider organization” does not include an agency or business that employs employees or refers independent contractors as home care providers.
Md. Code, Health - General § 15-129 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-129
§15–129.
Status: in_force

(a) In this section, “durable medical equipment” means durable medical equipment listed in the medical assistance provider fee manual, as provided in regulations adopted by the Department.

(b) To determine whether the prices charged for durable medical equipment provided to Program recipients are reasonable, the Department shall establish regulations and procedures for reviewing the prices of durable medical equipment every 3 years.

(c) The Department, to the extent feasible and appropriate, shall recover all durable medical equipment from Program recipients that:

(1) Was purchased by the Department; and

(2) Is no longer required by the recipient.

(d) Except as provided in subsection (e) of this section and to the extent feasible and appropriate, the Department shall reuse the durable medical equipment recovered under subsection (c) of this section to meet the needs of other Program recipients for the same durable medical equipment.

(e) If the durable medical equipment recovered under subsection (c) of this section is not in a condition that would enable another Program recipient to use it, the Department may give the equipment to any organization that will:

(1) Repair or attempt to repair the equipment; and

(2) Provide the equipment at no charge to other persons who require the same equipment.
Md. Code, Commercial Law § 15-702 — MD Code / Article gcl / Title 15 / Subtitle 7 / Section 15-702
§15–702.
Status: in_force

For the purposes of this article, a bank or financial institution may not offset any property in its possession or money from a customer’s savings or checking account for the settlement of a delinquent consumer debt unless:

(1) The offset is authorized in writing by the customer; or

(2) A court order is obtained to permit the offset.
Md. Code, Insurance § 15-835 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-835
§15–835.
Status: in_force

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

(2) “Habilitative services” means services and devices, including occupational therapy, physical therapy, and speech therapy, that help a child keep, learn, or improve skills and functioning for daily living.

(3) “Managed care system” means a method that an insurer, a nonprofit health service plan, or a health maintenance organization uses to review and preauthorize a treatment plan that a health care practitioner develops for a covered person using a variety of cost containment methods to control utilization, quality, and claims.

(b) This section applies to:

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

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

(c) (1) An entity subject to this section:

(i) shall provide coverage of habilitative services for insureds and enrollees who are children until at least the end of the month in which the insured or enrollee turns 19 years old; and

(ii) may do so through a managed care system.

(2) An entity subject to this section is not required to provide reimbursement for habilitative services delivered through early intervention or school services.

(d) An entity subject to this section shall provide notice annually to its insureds and enrollees about the coverage required under this section:

(1) in print; and

(2) on its Web site.

(e) Beginning November 1, 2013, a determination by an entity subject to this section of whether habilitative services covered under this section are medically necessary and appropriate to treat autism and autism spectrum disorders shall be made in accordance with regulations adopted by the Commissioner.
Md. Code, Insurance § 15-856 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-856
§15–856.
Status: in_force

§15–856. IN EFFECT

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

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

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

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

(ii) “COVID–19 test” includes a federal Food and Drug Administration–approved, cleared, or authorized rapid point–of–care test and an at–home collection test for the detection or diagnosis of COVID–19.

(4) “Health benefit plan”:

(i) for a small employer plan, has the meaning stated in § 15–1201 of this title; and

(ii) for an individual plan, has the meaning stated in § 15–1301 of this title.

(5) (i) “Member” means an individual entitled to health care benefits 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 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) This section applies to each individual and small employer health benefit plan that is issued or delivered in the State by an insurer, a nonprofit health service plan, or a health maintenance organization, irrespective of §§ 15–1207(d) and 31–116 of this article.

(c) An entity subject to this section shall provide coverage for COVID–19 tests and related items and services for the administration of COVID–19 tests, including facility fees, health care practitioner fees, and evaluation of the member for purposes of determining the need for the COVID–19 test, as required by the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and any applicable federal regulations or guidance.

(d) An entity subject to this section may not apply a copayment, coinsurance requirement, or deductible to coverage for COVID–19 tests and related items and services for the administration of COVID–19 tests.
Md. Code, Health Occupations § 15-402.1 — MD Code / Article gho / Title 15 / Subtitle 4 / Section 15-402.1
§15–402.
Status: in_force

§15–402.1.

(a) Except as otherwise provided in this subtitle, a licensed physician may not employ an individual practicing as a physician assistant who does not have a license or who has not provided notice to the Board as required under § 15–302(a) of this title.

(b) Except as otherwise provided in this subtitle, an employer may not employ an individual practicing as a physician assistant who does not have a license.

(c) A disciplinary panel may impose a civil penalty in an amount not exceeding $5,000 for a violation of this section.

(d) The Board shall remit any penalty collected under this subsection into the Board of Physicians Fund.
Md. Code, Commercial Law § 15-214 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-214
§15–214.
Status: in_force

This subtitle may be cited as the Maryland Uniform Fraudulent Conveyance Act.
Md. Code, Commercial Law § 15-201 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

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

(b) (1) “Assets” means property of a debtor not exempt from liability for his debts.

(2) “Assets” includes any property to the extent that the property is liable for any debts of a debtor.

(c) “Conveyance” includes every payment of money, assignment, release, transfer, lease, mortgage, or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.

(d) “Creditor” means a person who has any claim, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.

(e) “Debt” includes any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.
Md. Code, Housing and Community Development § 15-107 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

A housing project may not be commenced, arranged, contracted for, or carried out in the City of Baltimore unless the Board of Estimates of Baltimore City approves its location.
Md. Code, Estates and Trusts § 15-301 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

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

(b) “Assignment” includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer.

(c) “Claims” includes a claim of any interest by a legatee of a decedent, distributee, heir, or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on behalf of the claimant, and includes a claim that the transfer would be in breach of fiduciary duties.

(d) “Corporation” means a private or public corporation, association or trust issuing a security.

(e) “Fiduciary” means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee.

(f) “Person” includes an individual, a corporation, government or governmental subdivision or agency, business trust, statutory trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(g) “Security” includes any share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation.

(h) “Transfer” means a change on the books of a corporation in the registered ownership of a security.

(i) “Transfer agent” means a person employed or authorized by a corporation to transfer securities issued by the corporation.
Md. Code, Insurance § 15-802 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-802
§15–802.
Status: in_force

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

(2) “Alcohol misuse” has the meaning stated in § 8–101 of the Health – General Article.

(3) “ASAM criteria” means the most recent edition of the American Society of Addiction Medicine treatment criteria for addictive, substance–related, and co–occurring conditions that establishes guidelines for placement, continued stay and transfer or discharge of patients with addiction and co–occurring conditions.

(4) “Drug misuse” has the meaning stated in § 8–101 of the Health – General Article.

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

(6) “Health benefit plan” means:

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

(ii) for an individual plan, a health benefit plan as defined in § 15–1301(l) of this title; or

(iii) short–term limited duration insurance as defined in § 15–1301(s) of this title.

(7) “Managed care system” means a system of cost containment methods that a carrier uses to review and preauthorize a treatment plan developed by a health care provider for a covered individual in order to control utilization, quality, and claims.

(8) “Partial hospitalization” means the provision of medically directed intensive or intermediate short–term treatment:

(i) to an insured, subscriber, or member;

(ii) in a licensed or certified facility or program;

(iii) for mental illness, emotional disorders, drug misuse, or alcohol misuse; and

(iv) for a period of less than 24 hours but more than 4 hours in a day.

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

(b) With the exception of small employer grandfathered health plan coverage, this section applies to each individual, group, and blanket health benefit plan that is delivered or issued for delivery in the State by an insurer, a nonprofit health service plan, or a health maintenance organization.

(c) A health benefit plan subject to this section shall provide at least the following benefits for the diagnosis and treatment of a mental illness, emotional disorder, drug use disorder, or alcohol use disorder:

(1) inpatient benefits for services provided in a licensed or certified facility, including hospital inpatient and residential treatment center benefits;

(2) partial hospitalization benefits; and

(3) outpatient and intensive outpatient benefits, including all office visits, diagnostic evaluation, opioid treatment services, medication evaluation and management, and psychological and neuropsychological testing for diagnostic purposes.

(d) (1) The benefits under this section are required only for expenses arising from the treatment of mental illnesses, emotional disorders, drug misuse, or alcohol misuse if, in the professional judgment of health care providers:

(i) the mental illness, emotional disorder, drug misuse, or alcohol misuse is treatable; and

(ii) the treatment is medically necessary.

(2) The benefits required under this section:

(i) shall be provided as one set of benefits covering mental illnesses, emotional disorders, drug misuse, and alcohol misuse;

(ii) shall comply with 45 C.F.R. § 146.136(a) through (d) and 29 C.F.R. § 2590.712(a) through (d);

(iii) subject to paragraph (3) of this subsection, may be delivered under a managed care system; and

(iv) for partial hospitalization under subsection (c)(2) of this section, may not be less than 60 days.

(3) The benefits required under this section may be delivered under a managed care system only if the benefits for physical illnesses covered under the health benefit plan are delivered under a managed care system.

(4) The processes, strategies, evidentiary standards, or other factors used to manage the benefits required under this section must be comparable as written and in operation to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used to manage the benefits for physical illnesses covered under the health benefit plan.

(5) An insurer, nonprofit health service plan, or health maintenance organization shall use the ASAM criteria for all medical necessity and utilization management determinations for substance use disorder benefits.

(e) An entity that issues or delivers a health benefit plan subject to this section shall provide on its website and annually in print to its insureds or members:

(1) notice about the benefits required under this section and the federal Mental Health Parity and Addiction Equity Act; and

(2) notice that the insured or member may contact the Administration for further information about the benefits.

(f) An entity that issues or delivers a health benefit plan subject to this section shall:

(1) post a release of information authorization form on its website; and

(2) provide a release of information authorization form by standard mail within 10 business days after a request for the form is received.
Md. Code, Health Occupations § 15-204 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

Funds for compensation, expenses, and staff for the Committee shall be allocated to the Board in the State budget.
Md. Code, Commercial Law § 15-801 — MD Code / Article gcl / Title 15 / Subtitle 8 / Section 15-801
§15–801.
Status: in_force

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

(b) “Check” has the meaning provided in § 3-104(f) of this article.

(c) “Dishonor” has the meaning provided in § 3-502 of this article.

(d) “Drawer” has the meaning provided in § 3-103(a)(3) of this article.

(e) “Holder” has the meaning provided in § 1-201(20) of this article.

(f) “Holder in due course” has the meaning provided in § 3-302 of this article.

(g) “Instrument” has the meaning provided in § 3-104(b) of this article.

(h) “Issue” has the meaning provided in § 3-105 of this article.

(i) “Maker” has the meaning provided in § 3-103(a)(5) of this article.

(j) “Negotiation” has the meaning provided in § 3-201 of this article.

(k) “Notice of dishonor” has the meaning provided in § 3-503 of this article.

(l) “Stop payment order” has the meaning provided in § 4-403 of this article.
Md. Code, Business Occupations and Professions § 15-317 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-317
§15–317.
Status: in_force

(a) (1) Subject to the hearing provisions of § 15–319 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:

(i) the applicant or licensee fraudulently or deceptively obtains, renews, or attempts to obtain or renew a license or permit for the applicant or licensee or for another;

(ii) the applicant or licensee fraudulently or deceptively uses a license;

(iii) under the laws of the United States or of any state, the applicant or licensee is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice land surveying or property line surveying;

(iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing land surveying or property line surveying;

(v) the applicant or licensee violates any regulation adopted by the Board;

(vi) the applicant or licensee violates any provision of this title; or

(vii) the applicant or licensee has had a license to practice land surveying or property line surveying in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

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

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice land surveying or property line surveying;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Insurance § 15-130 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-130
§15–130.
Status: in_force

(a) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide coverage for prescription drugs on an outpatient basis under health insurance policies or contracts that are issued or delivered in the State;

(ii) health maintenance organizations that provide coverage for prescription drugs on an outpatient basis under contracts that are issued or delivered in the State;

(iii) managed care organizations, as defined in § 15–101 of the Health – General Article, that provide coverage for prescription drugs on an outpatient basis under contracts that are issued or delivered in the State; and

(iv) to the extent consistent with State and federal law, third party administrators.

(2) This section does not apply to:

(i) short–term travel or accident–only policies;

(ii) short–term nonrenewable policies of not more than 3 months duration; or

(iii) any health maintenance organization that operates or maintains its own pharmacies and dispenses, on an annual basis, over 95% of prescription drugs on an outpatient basis to its enrollees at its own pharmacies.

(b) Each entity subject to this section shall provide to its insureds, subscribers, or enrollees a health insurance benefit card, prescription benefit card, or other technology that:

(1) (i) complies with the standards set forth in the National Council for Prescription Drug Programs Pharmacy ID Card Implementation Guide in effect at the time of issuance of the card or other technology; or

(ii) includes, at a minimum, the following data elements:

1. the name or identifying trademark of the entity subject to this section or, if another entity administers the prescription benefit, the name or identifying trademark of the benefit administrator;

2. the name and identification number of the insured, subscriber, or enrollee;

3. the telephone number that providers may call for pharmacy benefit assistance; and

4. all electronic transaction routing information and other numbers required by the entity subject to this section or benefit administrator to process a prescription claim electronically; and

(2) indicates which State agency regulates, in whole or in part, the policy or contract offered by the entity by:

(i) for an entity subject to the Administration, displaying “MIA” prominently; or

(ii) for an entity subject to the Maryland Department of Health, displaying “MDH” prominently.

(c) If an entity subject to this section contracts with or otherwise arranges for the prescription benefit to be administered by another subsidiary or entity, including a pharmacy benefit manager, the entity subject to this section shall require the benefit administrator to comply with this section.

(d) (1) The health insurance benefit card, prescription benefit card, or other technology shall be issued to each insured, subscriber, or enrollee by an entity subject to this section.

(2) If a change occurs in any of the data elements required under subsection (b)(1)(ii) of this section, an entity subject to this section shall:

(i) reissue a health insurance benefit card, prescription drug benefit card, or other technology; or

(ii) provide the insured, subscriber, or enrollee with the corrective information necessary to electronically process a prescription claim.

(e) An entity subject to this section may comply with this section by issuing to each insured, subscriber, or enrollee a health insurance benefit card that contains data elements related to both prescription and nonprescription health insurance benefits.

(f) The Maryland Department of Health shall adopt regulations to enable managed care organizations to comply with:

(1) the requirements of this section; and

(2) any unique requirements of the HealthChoice Program that relate to the electronic processing of claims.
Md. Code, Insurance § 15-1211 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1211
§15–1211.
Status: in_force

(a) To sell health benefit plans to small employers in the State, a carrier shall file its proposed health benefit plans with the Commissioner on or before the date designated by the Commissioner.

(b) Unless the Commissioner previously has disapproved a health benefit plan, it is deemed approved 60 days after filing with the Commissioner.
Md. Code, Environment § 15-1103 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1103
§15–1103.
Status: in_force

(a) Except for funds deposited in the Acid Mine Drainage Abatement and Treatment Fund under subsection (b) of this section, any funds the Department receives pursuant to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 shall be deposited, together with any other funds appropriated for the purposes of this subtitle, in a special fund on the books of the Comptroller of the Treasury in an account known as the “Federal–State Reclamation Fund”. The Department shall use the funds to accomplish the purposes of this subtitle in accordance with the provisions of this subtitle. The provisions of this subtitle shall apply only to the “Federal–State Reclamation Fund”.

(b) (1) There is an Acid Mine Drainage Abatement and Treatment Fund in the Department.

(2) Funds granted to the Department for acid mine drainage abatement and treatment under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be deposited by the Department into the Acid Mine Drainage Abatement and Treatment Fund.

(3) Funds deposited into the Acid Mine Drainage Abatement and Treatment Fund, together with all interest earned on those funds, shall remain available until expended and may not revert to the General Fund.

(4) The Department may expend funds deposited into the Acid Mine Drainage Abatement and Treatment Fund and any interest accrued only to abate and treat acid mine drainage in accordance with the provisions of Title IV of the federal Surface Mining Control and Reclamation Act.
Md. Code, Insurance § 15-10B-05.1 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-05.1
§15–10B–05.
Status: in_force

§15–10B–05.1.

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

(2) “Artificial intelligence” means an engineered or machine–based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

(3) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

(b) This section applies to:

(1) a carrier that:

(i) uses an artificial intelligence, algorithm, or other software tool for the purpose of utilization review; or

(ii) contracts with or otherwise works through an entity that uses an artificial intelligence, algorithm, or other software tool for the purpose of utilization review; and

(2) a pharmacy benefits manager or private review agent that:

(i) contracts with a carrier to provide utilization review on behalf of the carrier; and

(ii) uses an artificial intelligence, algorithm, or other software tool for the purpose of conducting utilization review on behalf of the carrier.

(c) Subject to subsection (d) of this section, an entity subject to this section shall ensure that:

(1) an artificial intelligence, algorithm, or other software tool bases its determinations on:

(i) an enrollee’s medical or other clinical history;

(ii) individual clinical circumstances as presented by a requesting provider; or

(iii) other relevant clinical information contained in the enrollee’s medical or other clinical record;

(2) an artificial intelligence, algorithm, or other software tool does not base its determinations solely on a group dataset;

(3) the criteria and guidelines for using an artificial intelligence, algorithm, or other software tool for making determinations comply with the requirements of this title;

(4) an artificial intelligence, algorithm, or other software tool does not replace the role of a health care provider in the determination process under § 15–10B–07 of this subtitle;

(5) the use of an artificial intelligence, algorithm, or other software tool does not result in unfair discrimination;

(6) an artificial intelligence, algorithm, or other software tool is fairly and equitably applied, including in accordance with any applicable regulations and guidance issued by the federal Department of Health and Human Services;

(7) an artificial intelligence, algorithm, or other software tool is open to inspection for audit or compliance reviews by the Commissioner;

(8) written policies and procedures are included in the utilization plan submitted under § 15–10B–05 of this subtitle, including how an artificial intelligence, algorithm, or other software tool will be used and what oversight will be provided;

(9) the performance, use, and outcomes of an artificial intelligence, algorithm, or other software tool are reviewed and revised, if necessary and at least on a quarterly basis, to maximize accuracy and reliability;

(10) patient data is not used beyond its intended and stated purpose, consistent with the federal Health Insurance Portability and Accountability Act of 1996, as applicable; and

(11) an artificial intelligence, algorithm, or other software tool does not directly or indirectly cause harm to an enrollee.

(d) An artificial intelligence, algorithm, or other software tool may not deny, delay, or modify health care services.
Md. Code, Transportation § 15-302 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

(a) A person may not conduct the business of a dealer unless the person is licensed by the Administration under this subtitle.

(b) Any person who has been refused a dealer’s license in this State or whose dealer’s license is revoked or suspended may not conduct the business of a dealer under any license, permit, or registration certificate issued by any other jurisdiction.

(c) A person convicted of a violation of this section is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
Md. Code, Environment § 15-604 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

All funds received by the Secretary from permit fees and surcharges shall be deposited to the credit of the Deep Mining Fund to be used only for the administration and implementation of this subtitle, including mine opening sealing and reclamation of subsidence damage.
Md. Code, Environment § 15-312 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-312
§15–312.
Status: in_force

All first-class mine foremen and fire-boss certificate holders shall be subject to continuing education every 3 years. The continuing education shall emphasize mine health and safety legislation and regulations, advances in mining technology, and advances in first aid that have occurred since the certificate holder’s most recent examination. All first-class mine foremen and fire-boss certificates issued prior to July 1, 1980 shall expire no later than July 1, 1983 unless reissued in accordance with this section.
Md. Code, Insurance § 15-1007 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1007
§15–1007.
Status: in_force

(a) This section applies to insurers and nonprofit health service plans that propose to issue or deliver individual, group, or blanket health insurance policies or contracts or to administer health benefit programs that provide hospital, medical, or surgical benefits on an expense–incurred basis.

(b) Each entity subject to this section shall provide to an insured individual who has filed a claim described in subsection (c) of this section an annual summary explanation of benefits that covers the preceding 12–month period.

(c) The summary explanation of benefits required under subsection (b) of this section shall provide a summary of:

(1) all claims filed by health care providers for services rendered to the insured individual or covered dependent of the insured individual during an inpatient hospitalization or an outpatient surgical procedure;

(2) the amount paid by the entity for each claim filed; and

(3) the balance owed by the insured individual for each claim filed.

(d) The explanation of benefits required under this section is subject to 45 C.F.R. § 164.522(b).
Md. Code, Health - General § 15-140 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-140
§15–140.
Status: in_force

The Department shall apply to the Centers for Medicare and Medicaid Services for a State plan amendment to the Family Planning Program that:

(1) Provides, subject to the limitations of the State budget, family planning services to an individual whose individual income is at or below 250% of the poverty level, as allowed by federal law;

(2) Does not impose age limitations on individuals who are able to receive family planning services;

(3) Establishes a presumptive eligibility process for enrollment in the Family Planning Program; and

(4) Exempts the Family Planning Program from federal coordination of benefits requirements if authorized under federal law.
Md. Code, Housing and Community Development § 15-106 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

An employee of the Baltimore City Department of Housing and Community Development or of any unit succeeding to its functions may be a Commissioner of the Baltimore Authority.
Md. Code, Real Property § 15-101 — MD Code / Article grp / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

The effective date of this article is 12:01 A.M. on July 1, 1974, and this article is applicable at that time except as provided in § 15-102 of this title.
Md. Code, Education § 15-127 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-127
§15–127.
Status: in_force

(a) (1) In this section, “dually enrolled student” means a student who is dually enrolled in:

(i) A secondary school in the State; and

(ii) An institution of higher education in the State.

(2) “Dually enrolled student” includes a student enrolled in a credit or noncredit certificate or license program, course, or sequence of courses that leads to certification or licensure at an institution of higher education in the State.

(b) A public institution of higher education may not charge tuition to a dually enrolled student.

(c) Subject to subsection (d) of this section, for each dually enrolled student who is enrolled in a public school in the county, the county board shall pay 75% of the cost of tuition for a public institution of higher education in the State.

(d) (1) If there is an agreement before July 1, 2020, between a public school and a public institution of higher education in which the public institution of higher education charges less than 75% of the cost of tuition to a dually enrolled student, the county board shall pay the cost of tuition under the existing agreement.

(2) Every 2 years, a public school and a public institution of higher education may evaluate and modify an agreement made under paragraph (1) of this subsection.
Md. Code, Estates and Trusts § 15-207 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

(a) Except as provided in subsection (b) of this section, if a check is drawn on the bank account of the principal of a fiduciary by a fiduciary who is empowered to draw checks on the account of the principal, the bank is authorized to pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in drawing the check, or with knowledge of the facts that the action of the bank in paying the check amounts to bad faith.

(b) If a check is payable to the drawee bank and is delivered to the bank in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of the obligation as fiduciary in drawing or delivering the check.
Md. Code, Insurance § 15-1209 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1209
§15–1209.
Status: in_force

(a) This section does not apply to any insurance enumerated in § 15–1201(i)(3)(i) through (xiii) of this subtitle.

(b) A carrier shall issue its health benefit plans to each small employer that meets the requirements of this section.

(c) (1) Nothing in this subsection requires a small employer to contribute to the premium payments for coverage of a dependent of an eligible employee.

(2) To be covered under a health benefit plan offered by a carrier, a small employer shall:

(i) elect to be covered;

(ii) agree to pay the premiums;

(iii) agree to offer coverage to any dependent of an eligible employee when coverage is sought by the eligible employee, in accordance with provisions governing late enrollees and any other provisions of this subtitle that apply to coverage;

(iv) agree to collect payments for premiums through payroll deductions for coverage of eligible employees and dependents and transmit those payments to the carrier or the SHOP Exchange, as applicable; and

(v) satisfy other reasonable provisions of the health benefit plan as approved by the Commissioner.

(d) (1) In determining whether a small employer satisfies the requirements of this section, a carrier shall apply its requirements uniformly among all small employers with the same number of eligible employees who apply for or receive coverage from the carrier, including a requirement that a minimum percentage of eligible employees of the small employer participate in the health benefit plan.

(2) A carrier may vary application of minimum participation of eligible employees only by the size of the group of the small employer.

(e) A carrier may not require a small employer to contribute to payment of premiums for a health benefit plan.
Md. Code, Insurance § 15-1225 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1225
§15–1225.
Status: in_force

This subtitle is the Maryland Health Insurance Reform Act.
Md. Code, Insurance § 15-922.1 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-922.1
§15–922.
Status: in_force

§15–922.1.

(a) This section applies to a Medicare supplement policy issued:

(1) under § 15–909(b)(6) of this subtitle; or

(2) to an individual at least 65 years old.

(b) A carrier shall pay the same commission rates to an insurance producer for the sale of a Medicare supplement policy without regard to whether the policy is sold during an open enrollment period, as an underwritten policy, or under § 15–909(b)(6) of this subtitle.
Md. Code, Land Use § 15-116 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

(a) (1) The Commission shall publish each year a report describing the work of the Commission for the previous year, in the detail that the Commission considers appropriate.

(2) The report required under this subsection shall include:

(i) land acquisitions;

(ii) financial transactions;

(iii) personnel matters; and

(iv) litigation and disposition of violations.

(b) The Commission may publish pamphlets describing:

(1) the law administered by the Commission; and

(2) subdivision, zoning, and other regulations adopted or enacted by the Commission or the district councils.

(c) The Commission may charge a fee for a publication issued under this section to cover any of the cost of the publication.
Md. Code, Business Occupations and Professions § 15-316 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-316
§15–316.
Status: in_force

(a) The Board may issue a retired status license to an individual who:

(1) is currently licensed in Maryland as a professional land surveyor or a property line surveyor;

(2) has been either licensed as a professional land surveyor or a property line surveyor or was authorized to practice land surveying or property line surveying under § 15-303 of this subtitle for at least 25 years, of which 5 years were in Maryland;

(3) is not the subject of a pending disciplinary action related to the practice of land surveying or property line surveying in this or another state;

(4) submits to the Board an application on the form provided by the Board; and

(5) pays to the Board a fee, as set by the Board.

(b) (1) The holder of a retired status license issued under this section may not engage in the practice of professional land surveying or property line surveying.

(2) The holder of a professional land surveyor retired status license may use the designation of “retired professional land surveyor”.

(3) The holder of a property line surveyor retired status license may use the designation of “retired property line surveyor”.

(c) The Board may reactivate the license of the holder of a retired status license if that individual:

(1) submits to the Board an application for reactivation on the form approved by the Board;

(2) meets all continuing competency requirements, not exceeding 48 credit hours, that would have been required for renewal of a license under § 15–314 of this subtitle if the licensee had not been placed on retired status;

(3) pays to the Board a reactivation fee as set by the Board; and

(4) is not the subject of a pending disciplinary action related to the practice of land surveying or property line surveying in this or any other state.
Md. Code, Health Occupations § 15-403 — MD Code / Article gho / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) A person who violates § 15–401 or § 15–402 of this subtitle:

(1) Is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both; and

(2) Shall lose licensure as a physician assistant under this title.

(b) (1) In addition to the penalties under subsection (a) of this section, a person who violates § 15–401 of this subtitle may be subject to a civil penalty assessed by a disciplinary panel in an amount not exceeding $5,000.

(2) In addition to the penalties under paragraph (1) of this subsection, a person who violates § 15–309 of this title may be subject to a civil penalty assessed by a disciplinary panel in an amount not exceeding $100.

(3) The Board shall pay any civil penalty collected under this subsection into the Board of Physicians Fund.
Md. Code, Land Use § 15-109 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) (1) The Commission shall appoint an executive director, a secretary–treasurer, and a general counsel.

(2) The executive director, secretary–treasurer, and general counsel serve at the pleasure of the Commission.

(3) The Commission shall set the compensation of the executive director, secretary–treasurer, and general counsel.

(b) The executive director and the secretary–treasurer shall be bonded.

(c) Of the three officers appointed under this section, not more than two shall be residents of the same county.
Md. Code, Transportation § 15-804 — MD Code / Article gtr / Title 15 / Subtitle 8 / Section 15-804
§15–804.
Status: in_force

(a) In addition to the information required under § 15–102 of this title, each application for a license shall include:

(1) The name and business address of the drivers’ school by whom the applicant is or will be employed; or

(2) A statement that the applicant himself is licensed to conduct a drivers’ school.

(b) (1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2) The Administration shall apply to the Central Repository for a State and national criminal history records check for each applicant.

(3) As part of the application for a criminal history records check, the Administration shall submit to the Central Repository:

(i) One complete set of the applicant’s legible fingerprints taken in a manner approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

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

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

(4) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Administration the applicant’s criminal history record information.

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

(6) Information obtained from the Central Repository under this subsection:

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

(ii) Shall be used only for the licensing purpose authorized by this subsection.

(7) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Health - General § 15-907 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-907
§15–907.
Status: in_force

(a) This subtitle may not be construed to make independent home care providers employees of the State.

(b) This subtitle may not be construed in any way to deny program recipients of independent home care services the right to select, direct, and terminate the services of independent home care providers.
Md. Code, Insurance § 15-209 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) (1) Subject to subsection (b) of this section, each policy of health insurance shall contain the following provision:

“Grace period: A grace period of ........ (insert a number not less than ‘7’ days for weekly premium policies, ‘10’ days for monthly premium policies and ‘31’ days for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period this policy shall continue in force.”

(2) A policy shall provide a grace period of 31 days if the policy:

(i) allows the policyholder to choose any one of two or more modes of premium payment by remitting an amount stated in the policy for that particular mode of payment; and

(ii) does not require a formal request by the policyholder to change the mode of premium payment.

(b) A policy in which the insurer reserves the right to refuse renewal shall state the following provision at the beginning of the provision set forth in subsection (a)(1) of this section:

“Unless not less than thirty days prior to the premium due date the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.”
Md. Code, Health - General § 15-122.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-122.3
§15–122.
Status: in_force

§15–122.3.

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

(2) “Available income” means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program.

(3) “Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.

(4) “Guardian” means:

(i) A guardian of the person; or

(ii) A guardian of the property.

(5) “Guardian of the person” means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13–705 of the Estates and Trusts Article.

(6) “Guardian of the property” means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13–201 of the Estates and Trusts Article.

(7) “Guardianship services” means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.

(8) “Recipient” means a Program recipient who receives long–term care services and supports under the Program.

(b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services.

(c) The personal needs allowance for guardianship fees shall be as follows:

(1) If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and

(2) If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.
Md. Code, Health Occupations § 15-316.1 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-316.1
§15–316.
Status: in_force

§15–316.1.

(a) Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s Web site.

(b) The Board shall create and maintain a public individual profile on each licensee that includes the following information:

(1) A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 15–314 of this subtitle based on the charges or has rescinded the charges;

(2) A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;

(3) A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period;

(4) A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 15–314(b) of this subtitle; and

(5) The public address of the licensee.

(c) In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.

(d) The Board:

(1) On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and

(2) Shall maintain a Web site that serves as a single point of entry where all licensee profile information is available to the public on the Internet.

(e) The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.

(f) The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
Md. Code, Estates and Trusts § 15-611 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-611
§15–611.
Status: in_force

Unless otherwise ordered by a court, directed by a user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee provides the custodian:

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

(2) A copy of the trust instrument or certification of the trust under § 14.5–910 of this article that includes consent to disclosure of the content of electronic communications to the trustee;

(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) If requested by the custodian:

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

(ii) Evidence linking the account to the trust.
Md. Code, Insurance § 15-1610 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1610
§15–1610.
Status: in_force

A pharmacy benefits manager may not ship, mail, or deliver prescription drugs or devices to a person in the State through a nonresident pharmacy unless the nonresident pharmacy holds a permit issued in accordance with the provisions of § 12–403 of the Health Occupations Article.
Md. Code, Alcoholic Beverages and Cannabis § 15-1501 — MD Code / Article gab / Title 15 / Subtitle 15 / Section 15-1501
§15–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) §�4–202�(“Authority of local licensing boards”);

(2) §�4–205�(“Chain store, supermarket, or discount house”);

(3) §�4–206�(“Limitations on retail sales floor space”);

(4) §�4–207�(“Licenses issued to minors”);

(5) §�4–208�(“Notice of license application required”);

(6) §�4–209�(“Hearing”);

(7) §�4–211�(“License forms; effective date; expiration”);

(8) §�4–212�(“License not property”); and

(9) §�4–213�(“Replacement licenses”).

(b) Section 4–214 (“Waiting periods after denial of license applications”) of Division I of this article does not apply in the county and is superseded by § 15–1504 of this subtitle.

(c) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:

(1) §�4–203�(“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to § 15–1502 of this subtitle and Subtitle 13, Part III of this title;

(2) §�4–204�(“Prohibition against issuing multiple licenses for same premises”), subject to § 15–1502 of this subtitle; and

(3) §�4–210�(“Approval or denial of license application”), in addition to § 15–1503 of this subtitle.
Md. Code, Transportation § 15-102 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) Each application for a license under this title shall be made on the form that the Administration requires.

(b) In addition to any other information required by this title, each application for a license under this title shall include:

(1) The name and address of the applicant;

(2) The address of the fixed location from which the licensed activity of the applicant will be conducted;

(3) A statement of the maximum amount charged as a dealer processing charge under § 15-311.1 of this title; and

(4) Any other information that the Administration requires.

(c) Each application for a license under this title shall:

(1) Contain a certification by the applicant that the information given in it is true; and

(2) Be signed by:

(i) The applicant, if the applicant is an individual;

(ii) A partner or other authorized representative, if the application is made for a partnership; or

(iii) An officer or other authorized representative, if the application is made for a corporation or any other business entity.

(d) Except for an application for a drivers’ school license, each application for a license under this title shall be accompanied by the annual fee required for that license.
Md. Code, Land Use § 15-302 — MD Code / Article glu / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

The Commission is the representative of the State for purposes of:

(1) acquiring and developing land or other property under this division;

(2) exercising the duties of the State under this division;

(3) complying with § 1(a) and (b) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, for acquiring parklands in the metropolitan district; or

(4) securing funds authorized by the Act or by any other federal, State, or local law.
Md. Code, Transportation § 15-705 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-705
§15–705.
Status: in_force

(a) After the Administration notifies an applicant of the approval of an application and before the Administration issues a license, the applicant shall file with the Administration a surety bond in the form and with the surety that the Administration approves.

(b) The amount of the surety bond shall be $40,000.
Md. Code, Insurance § 15-1316 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1316
§15–1316.
Status: in_force

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

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

(3) “Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.

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

(b) (1) Beginning November 15, 2014, unless an alternative date is adopted by the federal Department of Health and Human Services, a carrier that sells health benefit plans to individuals in the State shall establish an annual open enrollment period.

(2) The annual open enrollment period for 2014 shall begin on November 15, 2014, and extend through January 15, 2015, unless alternative dates are adopted by the federal Department of Health and Human Services.

(3) The annual open enrollment period for years beginning on and after January 1, 2015, shall be:

(i) the dates adopted by the federal Department of Health and Human Services; or

(ii) if authorized by the federal Department of Health and Human Services, the dates adopted by the Exchange.

(4) During the annual open enrollment period, an individual shall be permitted to:

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

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

(iii) change enrollment in a health benefit plan offered by the carrier to a different health benefit plan offered by the carrier.

(5) If an individual enrolls in a health benefit plan offered by the carrier during the annual open enrollment period for 2014, the effective date of coverage shall be:

(i) January 1, 2015, if the application is received by the carrier on or before December 15, 2014, unless an alternative date is adopted by the federal Department of Health and Human Services;

(ii) February 1, 2015, if the application is received by the carrier from December 16, 2014, through January 15, 2015, unless an alternative date is adopted by the federal Department of Health and Human Services; and

(iii) March 1, 2015, if the application is received by the carrier from January 16, 2015, through February 15, 2015, unless an alternative date is adopted by the federal Department of Health and Human Services.

(6) If an individual enrolls in a health benefit plan offered by the carrier during the annual open enrollment period for years beginning on and after January 1, 2015, the effective date of coverage shall be:

(i) the date adopted by the federal Department of Health and Human Services; or

(ii) if authorized by the federal Department of Health and Human Services, the date adopted by the Exchange.

(c) A carrier participating in the Individual Exchange shall provide:

(1) the special enrollment periods specified in 45 C.F.R. § 155.420 for individuals who purchase coverage through the Individual Exchange; and

(2) a special enrollment period for an individual who purchases coverage through the Individual Exchange if the individual or a dependent of the individual becomes pregnant, as confirmed by a health care practitioner.

(d) A carrier shall provide:

(1) the special enrollment periods specified in 45 C.F.R. § 147.104(b)(2) for individuals who purchase coverage outside the Individual Exchange; and

(2) a special enrollment period for an individual who purchases coverage outside the Individual Exchange if the individual or a dependent of the individual becomes pregnant, as confirmed by a health care practitioner.

(e) A special enrollment period described in subsection (c)(2) or (d)(2) of this section shall:

(1) be open for a period of 90 days; and

(2) begin on the date the health care practitioner confirms the pregnancy.

(f) (1) If an individual enrolls for coverage during one of the open enrollment periods described in subsection (b) of this section or during one of the special open enrollment periods described in subsections (c)(1) and (d)(1) of this section, coverage shall be effective in accordance with the requirements in 45 C.F.R. § 155.420.

(2) If an individual enrolls for coverage or enrolls a dependent for coverage during a special enrollment period described in subsection (c)(2) or (d)(2) of this section, the coverage shall become effective on the first day of the month in which the individual receives confirmation of pregnancy.

(g) (1) A health maintenance organization may:

(i) limit the individuals who may apply for coverage to those who live or reside in the health maintenance organization’s service area; and

(ii) deny coverage to individuals if the health maintenance organization has demonstrated to the Commissioner that:

1. it will not have the capacity to deliver services adequately to any additional individuals because of its obligations to existing enrollees; and

2. it is applying the provisions of this paragraph uniformly to all individuals without regard to the claims experience of those individuals and their dependents or any health status–related factor relating to the individuals and their dependents.

(2) A health maintenance organization that denies coverage to an individual in accordance with paragraph (1) of this subsection may not offer coverage in the individual market within the service area to any individual for a period of 180 days after the date the coverage is denied.

(3) Paragraph (2) of this subsection does not:

(i) limit the health maintenance organization’s ability to renew coverage already in force; or

(ii) relieve the health maintenance organization of the responsibility to renew coverage already in force.

(h) (1) A carrier may deny a health benefit plan to an individual if the carrier has demonstrated to the Commissioner that:

(i) it does not have the financial reserves necessary to offer additional coverage; and

(ii) it is applying the provisions of this paragraph uniformly to all individuals in the individual market in the State without regard to the claims experience of those individuals and their dependents or any health status–related factor relating to the individuals and their dependents.

(2) A carrier that denies a health benefit plan to an individual in the State under paragraph (1) of this subsection may not offer coverage in the individual market before the later of:

(i) the 181st day after the date the carrier denies coverage; and

(ii) the date the carrier demonstrates to the Commissioner that the carrier has sufficient financial reserves to underwrite additional coverage.

(3) Paragraph (2) of this subsection does not:

(i) limit the carrier’s ability to renew coverage already in force; or

(ii) relieve the carrier of the responsibility to renew coverage already in force.

(4) Health benefit plans offered after the time period described in paragraph (2) of this subsection are subject to the requirements of this section.
Md. Code, Health - General § 15-150 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-150
§15–150.
Status: in_force

(a) (1) (i) The Department shall develop plans to reduce the waitlists for the following waiver programs by 50%, beginning in fiscal year 2024:

1. The Community Pathways Waiver;

2. The Community Supports Waiver;

3. The Family Supports Waiver;

4. The Brain Injury Waiver;

5. The Home– and Community–Based Options Waiver;

6. The Medical Day Care Services Waiver; and

7. The Model Waiver for Medically Fragile Children.

(ii) The Department shall develop a plan to reduce the registry for the Autism Waiver that includes conducting eligibility determinations of individuals on the registry and, beginning in fiscal year 2024, providing services to at least 50% of individuals determined eligible.

(2) The plans required under this subsection shall include:

(i) An assessment of whether each waiver program needs to recruit and retain new providers;

(ii) Measures to recruit and retain providers for each waiver program to expand the capacity of the programs;

(iii) Any changes in reimbursement rates needed to ensure provider capacity to provide services under the waiver programs;

(iv) The expected time frame for conducting eligibility determinations for the Autism Waiver;

(v) The expected time frame for reducing the waitlist or registry for each waiver program by 50%; and

(vi) The projected cost of the measures to be implemented under the plans.

(3) Provisions of the plans relating to the Autism Waiver shall be developed in conjunction with the Maryland State Department of Education.

(b) On or before January 1, 2023, the Department shall submit the plans to the Governor and, in accordance with § 2–1257 of the State Government Article, the chairs of the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the Senate Finance Committee, the House Appropriations Committee, and the House Health and Government Operations Committee.

(c) (1) Beginning in fiscal year 2024, the Governor shall include in the annual budget bill sufficient funds to carry out this section.

(2) Funding included in the annual budget bill under paragraph (1) of this subsection may be allocated to programs identified under subsection (a) of this section for the purpose of hiring and retaining providers.
Md. Code, Health - General § 15-607 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-607
§15–607.
Status: in_force

(a) This section applies to:

(1) A person that donates prescription drugs, over–the–counter drugs, or medical supplies to the Program;

(2) A drop–off site;

(3) A repository;

(4) The Board;

(5) Pharmacists;

(6) Pharmacy technicians; and

(7) Staff employed by or volunteering for an entity participating in the Program.

(b) For matters related to donating, accepting, transferring, disposing of, or dispensing prescription drugs, over–the–counter drugs, or medical supplies under the Program, or facilitating the donation, acceptance, transfer, disposition of, or dispensing, a person described in subsection (a) of this section that acts in good faith may not be subject to:

(1) Criminal prosecution; or

(2) Liability in tort or other civil action for injury, death, or loss to person or property.

(c) A drug manufacturer acting in good faith may not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a drug manufactured by the drug manufacturer that is donated by any person under the Program, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug.
Md. Code, Health - General § 15-105.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-105.1
§15–105.
Status: in_force

§15–105.1.

(a) This section does not apply to a person providing pharmacy benefit manager services.

(b) If a pharmacy is required to submit a request for payment electronically to the Department under § 15-105(b) of this subtitle, then the pharmacy may choose to be reimbursed electronically, and in that event, the Department shall reimburse the pharmacy electronically under the Program.
Md. Code, Alcoholic Beverages and Cannabis § 15-502 — MD Code / Article gab / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

Except as provided in § 15–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Insurance § 15-853 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-853
§15–853.
Status: in_force

(a) (1) In this section, “gradient compression garment” means a garment that:

(i) is used for the treatment of lymphedema;

(ii) requires a prescription; and

(iii) is custom fit for the individual for whom the garment is prescribed.

(2) “Gradient compression garment” does not include disposable medical supplies, including over–the–counter compression or elastic knee–high or other stocking products.

(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 the medically necessary diagnosis, evaluation, and treatment of lymphedema, including equipment, supplies, complex decongestive therapy, gradient compression garments, and self–management training and education.

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

(2) The annual deductibles, copayments, or coinsurance requirements imposed under paragraph (1) of this subsection for the coverage required under this section may not be greater than the annual deductibles, copayments, or coinsurance requirements imposed by the entity for similar coverages.
Md. Code, Insurance § 15-1623 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1623
§15–1623.
Status: in_force

(a) Before entering into a contract with a purchaser, a pharmacy benefits manager:

(1) as applicable, shall inform the purchaser that the pharmacy benefits manager may:

(i) solicit and receive manufacturer payments;

(ii) pass through or retain the manufacturer payments depending on the contract terms with a purchaser;

(iii) sell aggregate utilization information; and

(iv) share aggregate utilization information with other entities; and

(2) shall offer to provide to the purchaser a report that contains the:

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

(ii) amount of all manufacturer payments earned by the pharmacy benefits manager.

(b) (1) If a purchaser requests the information described in subsection (a)(2) of this section, a pharmacy benefits manager shall provide the information before entering into a contract with the purchaser.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, if a pharmacy benefits manager requires a nondisclosure agreement under which a purchaser agrees that the information described in subsection (a)(2) of this section is proprietary information, the pharmacy benefits manager may not be required to provide the information until the purchaser has signed the nondisclosure agreement.
Md. Code, Estates and Trusts § 15-601 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) “Account” means an arrangement under a terms–of–service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of a user or provides goods or services to the user.

(c) “Agent” has the meaning stated in § 17–101 of this article.

(d) “Carries” means engages in the transmission of electronic communications.

(e) “Catalogue of electronic communications” means information that identifies:

(1) Each person with whom a user has had an electronic communication;

(2) The time and date of the communication; and

(3) The electronic address of the person.

(f) “Content of an electronic communication” means information concerning the substance or meaning of a communication that:

(1) Has been sent or received by a user;

(2) (i) Is in electronic storage by a custodian providing an electronic communication service to the public; or

(ii) Is carried or maintained by a custodian providing a remote computing service to the public; and

(3) Is not readily accessible to the public.

(g) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of an account holder.

(h) “Designated recipient” means a person chosen by a user using an online tool to administer the digital assets of the user.

(i) (1) “Digital asset” means an electronic record in which an individual has a right or interest.

(2) “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

(j) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(k) “Electronic communication” has the meaning stated in 18 U.S.C. § 2510(12).

(l) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.

(m) “Fiduciary” means an original, additional, or successor personal representative, guardian, agent, or trustee.

(n) (1) “Guardian” means a guardian of the property appointed by a court under Title 13, Subtitle 2 of this article to manage the property of a disabled person or minor or a guardian of the person appointed by a court under Title 13, Subtitle 7 of this article, according to the context in which it is used.

(2) “Guardian” includes a limited guardian.

(o) “Information” means data, text, images, videos, sounds, codes, computer programs, software, or databases.

(p) “Online tool” means an electronic service provided by a custodian that allows a user, in an agreement distinct from the terms–of–service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital assets to a third party.

(q) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity.

(r) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under a law of this State other than this subtitle.

(s) “Power of attorney” has the meaning stated in § 17–101 of this article.

(t) “Principal” has the meaning stated in § 17–101 of this article.

(u) (1) “Protected person” means an individual for whom a guardian has been appointed.

(2) “Protected person” includes an individual for whom an application for the appointment of a guardian is pending.

(v) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(w) “Remote computing service” means a custodian who provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14).

(x) “Terms–of–service agreement” means an agreement that controls the relationship between a user and a custodian.

(y) (1) “Trustee” means a fiduciary with legal title to property under an agreement or a declaration that creates a beneficial interest in another.

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

(z) “User” means a person who has an account with a custodian.

(aa) “Will” includes a codicil, a testamentary instrument that only appoints a personal representative, or an instrument that revokes or revises a testamentary instrument if the codicil or instrument satisfies the requirements of § 4–102, § 4–103, or § 4–104 of this article.
Md. Code, Insurance § 15-110 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

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

(2) “Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.

(3) “Health care service” has the meaning stated in § 1–301 of the Health Occupations Article.

(4) “Prohibited referral” means a referral prohibited by § 1–302 of the Health Occupations Article.

(b) This section applies to insurers and nonprofit health service plans that issue or deliver individual or group health insurance policies in the State.

(c) An entity subject to this section may seek repayment from a health care practitioner of any money paid for a claim, bill, or other demand or request for payment for health care services that the appropriate regulatory board determines were provided as a result of a prohibited referral.

(d) Each individual and group health insurance policy that is issued for delivery in the State by an entity subject to this section and that provides coverage for health care services shall include a provision that excludes payment of any claim, bill, or other demand or request for payment for health care services that the appropriate regulatory board determines were provided as a result of a prohibited referral.

(e) An entity subject to this section shall report to the Commissioner and the appropriate regulatory board any pattern of claims, bills, or other demands or requests for payment submitted for health care services provided as a result of a prohibited referral within 30 days after the entity has knowledge of the pattern.

(f) (1) Notwithstanding any other provision of this section, an entity subject to this section that reimburses for health care services is not required to audit or investigate a claim, bill, or other demand or request for payment for health care services to determine whether those services were provided as a result of a prohibited referral.

(2) An audit or investigation of a claim, bill, or other demand or request for payment for health care services to determine whether those services were provided as a result of a prohibited referral is not grounds to delay payment or waive the provisions of §§ 15–1004 and 15–1005 of this title.

(g) In accordance with § 1–305 of the Health Occupations Article, an entity subject to this section may seek a refund of a payment made for a claim, bill, or other demand or request for payment that is subsequently determined to be for a health care service provided as a result of a prohibited referral.
Md. Code, Alcoholic Beverages and Cannabis § 15-203 — MD Code / Article gab / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

(a) (1) The Governor shall appoint one substitute member to the Board.

(2) The appointment shall be made:

(i) if the House of Delegates is in session, with the advice and consent of the House of Delegates; or

(ii) if the House of Delegates is not in session, by the Governor alone.

(3) An appointment made under paragraph (2)(ii) of this subsection shall continue in force until the end of the next session of the General Assembly.

(b) The term of the substitute member is 3 years and begins on the first Monday in May.

(c) If a regular member of the Board becomes incapacitated from any cause or if a vacancy occurs on the Board for any reason, the substitute member, on request of the chair or the majority of the Board, shall serve on the Board until the incapacity ends or the vacancy is filled.

(d) While serving on the Board, the substitute member has all the powers and duties of a regular member.
Md. Code, Insurance § 15-1315 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1315
§15–1315.
Status: in_force

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

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

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

(4) “Qualified individual” has the meaning stated in § 31–101 of this article.

(b) This section applies to a qualified health plan that is issued on or after January 1, 2014, by a carrier through the Individual Exchange.

(c) A qualified health plan subject to this section shall include a grace period provision applicable to a qualified individual who:

(1) is receiving advance payments of federal premium tax credits; and

(2) fails to pay premiums timely.

(d) The grace period provision shall:

(1) provide a grace period of 3 consecutive months after the initial premium payment to begin coverage has been paid;

(2) apply to qualified health plans renewed in accordance with § 15–1309 of this subtitle without the qualified individual having to pay the first month’s premium following renewal; and

(3) be in addition to any other grace period provision required by any other applicable State law.

(e) During the grace period, a carrier that issues a qualified health plan subject to this section:

(1) shall pay all appropriate claims for services rendered to the qualified individual during the first month of the grace period;

(2) may pend claims for services rendered to the qualified individual in the second and third months of the grace period;

(3) shall notify the federal Department of Health and Human Services that the qualified individual is in the grace period; and

(4) shall notify providers of the possibility that claims may be denied when a qualified individual is in the second and third months of the grace period.
Md. Code, Environment § 15-305 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) Any applicant for a certificate of competence shall answer in writing at least ten questions designed to discover his knowledge of mining theory, including ventilation, drainage, mining methods, and the mining laws of the State. In addition, he shall answer orally, if feasible during a visit to a coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The oral questions and replies shall be reduced to writing and become a part of the record of the examination. The examining authority shall grade an applicant on a basis of 100 points credited for perfect answers, allowing equal weight for each qualification of theoretical knowledge, perception, resourcefulness, and judgment. Any applicant failing to receive an average of at least 70 points fails the examination. Each applicant shall be notified of his grade.

(b) An applicant for a first–class certificate of competence shall be admitted to an examination after he files, on a form the examining authority provides, a sworn statement as to any matter of fact which establishes his right to take the examination, and pays the fee prescribed for the examination. In the examination for first–class mine foreman certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section.

(c) In the examination for fire–boss certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section.

(d) In the examination for a permit of competence:

(1) The examining authority shall give the examination;

(2) The applicant shall pay the examining authority a $1 examination fee for each examination taken;

(3) At the discretion of the examining authority, the examination may be oral or written. If the examination is oral, it shall be reduced to writing and filed among the examining authority’s records;

(4) The examination shall include practical mining questions relating to ventilation and the methods of detecting noxious and explosive gas in a mine;

(5) The applicant shall demonstrate to the examining authority that he is qualified to supervise the operation of a small mine;

(6) If the applicant fails the examination, he may request another examination after 60 days from the unsuccessful examination and the examining authority shall conduct another examination as soon as practicable; and

(7) The examining authority shall issue a “permit of competence” if the applicant is found qualified. No applicant may be required to display the theoretical knowledge required for the holder of a first–class certificate. He shall be qualified in the practicable aspects of conditions relating to the safety of the employees of this type mine.
Md. Code, Alcoholic Beverages and Cannabis § 15-903 — MD Code / Article gab / Title 15 / Subtitle 9 / Section 15-903
§15–903.
Status: in_force

(a) There is a Class C beer, wine, and liquor license.

(b) (1) The Board may issue the license for use by:

(i) a nonprofit country club;

(ii) a nonprofit yacht club; or

(iii) a veterans’ organization composed only of members.

(2) The club or organization shall:

(i) operate only for the use of its members and guests accompanied by members;

(ii) meet in a clubhouse that is used exclusively for its members and guests; and

(iii) 1. have at least 100 members paying the dues that were required in the year immediately before the year for which the license is issued; or

2. for organizations affiliated with a national organization and composed exclusively of members who serve in the armed forces of the United States, have at least 50 members paying the dues that were required by the national organization in the year immediately before the year for which the license is issued.

(c) The license authorizes the license holder to sell beer, wine, and liquor at retail at a club at the place described in the license, for on–premises consumption.

(d) The annual license fee is $1,000.
Md. Code, Health - General § 15-102.7 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.7
§15–102.
Status: in_force

§15–102.7.

The premium tax imposed under § 6-102 of the Insurance Article applies to managed care organizations.
Md. Code, Insurance § 15-219 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-219
§15–219.
Status: in_force

A policy of health insurance may contain the following provision:

“Change of occupation: If the insured be injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence or the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.”
Md. Code, Estates and Trusts § 15-208 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) This section applies if a fiduciary makes a deposit in a bank to the fiduciary’s personal credit of:

(1) Checks drawn by the fiduciary on an account in the name of the fiduciary as fiduciary;

(2) Checks payable to the fiduciary as fiduciary;

(3) Checks drawn by the fiduciary on an account in the name of the fiduciary’s principal, if the fiduciary is empowered to draw checks on the account;

(4) Checks payable to the principal of a fiduciary and indorsed by the fiduciary, if the fiduciary is empowered to indorse the checks; or

(5) Other funds held by the fiduciary as fiduciary.

(b) A bank receiving a deposit in accordance with subsection (a) of this section may not be bound to inquire whether the fiduciary is committing a breach of the obligation as fiduciary and is authorized to pay the amount of the deposit or any part of the deposit on the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of the facts that the action of the bank in receiving the deposit or paying the check amounts to bad faith.