Md. Code, Commercial Law § 15-602 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

(a) When an attachment is levied against the wages of a judgment debtor, it shall constitute a lien on all attachable wages that are payable at the time the attachment is served or which become payable until the judgment, interest, and costs, as specified in the attachment, are satisfied.

(b) Any waiver of the limitations contained in § 15-601.1(b)(1) and (2) of this subtitle is void.
Md. Code, State Finance and Procurement § 15-108 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) This section does not apply to any procurement contract funded with tax-exempt financing.

(b) (1) Subject to the requirements of this section, a contractor under a procurement contract that a unit awards for construction is entitled to have retainage under the procurement contract placed in an escrow account if the contractor:

(i) elects that procedure in the procurement contract in the space provided for that election; and

(ii) submits to the unit an escrow agreement that meets the requirements of subsection (c) of this section.

(2) The procurement contract shall identify the escrow agent.

(c) The escrow agreement shall:

(1) be on a form that the unit provides;

(2) include the complete address of both the escrow agent and the surety;

(3) authorize the unit to pay retainage to the escrow agent; and

(4) be signed by:

(i) the contractor;

(ii) the surety for the contractor; and

(iii) the escrow agent.

(d) On compliance with the requirements of subsection (b) of this section, the unit shall pay the retainage to the escrow agent unless:

(1) federal money is involved and application of this section would jeopardize timely recovery of that federal money; or

(2) retainage is withheld for:

(i) lack of progress on the part of the contractor; or

(ii) other violations by the contractor.

(e) In accordance with the escrow agreement, a contractor may require an escrow agent:

(1) to invest the retainage placed in the escrow account; and

(2) to the extent the contractor is entitled to retainage under subsection (f)(2)(ii) of this section, to pay the earnings on the investment to the contractor.

(f) (1) Retainage may be released to the contractor only as directed by the unit.

(2) At the time of final payment, the unit shall direct the escrow agent to settle the escrow account by distributing money in the escrow account in the following order:

(i) to the unit for any claim it may have against the contractor under the procurement contract;

(ii) unless waived by the Board, to the Comptroller for any claim exceeding $50 against the contractor by the State, a unit, or a State controlled governmental entity; and

(iii) to the contractor.
Md. Code, Commercial Law § 15-402 — MD Code / Article gcl / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) Subject to the provisions of subsection (d) of this section, the assignee of a bond or other obligation under seal which was assigned under the assignor’s signature and seal, may maintain an action in his name against the obligor named in the bond or other obligation.

(b) Except as provided in subsection (c) of this section, if the assignee cannot recover the debt from the obligor because the obligor is unable to pay it or cannot be found, or for any other reason, the assignee may maintain an action against the obligee, unless the assignee is a surety in the bond or other obligation.

(c) If because of the negligence or default of the assignee, he cannot recover the debt from the obligor, the assignee may not maintain an action against the obligee.

(d) An action may not be maintained by the assignee against the obligor unless the obligee certifies before a notary public, in writing on the bond or other obligation, that at the time of the assignment the obligor still owed the amount for which the action is filed.
Md. Code, Environment § 15-520 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-520
§15–520.
Status: in_force

(a) Any person who mines coal by the open-pit mining method as an operator without having applied for and received a license as provided in this subtitle is guilty of a misdemeanor. On conviction, he is subject to a fine of not less than $5,000 and not exceeding $10,000, or imprisonment not exceeding six months, or both.

(b) Any person who mines coal by the open-pit mining method without having received a permit, as provided in this subtitle, who mines coal by the open-pit mining method without securing an amended permit, who mines coal by the open-pit mining method without furnishing the proper bond required by this subtitle, who knowingly or intentionally submits false information to the Department, or knowingly fails to make any statement, representation, or certification in any document required to be filed with the Department, or who does not fully comply with every provision and requirement of this subtitle or any rule, regulation, permit, notice or order issued pursuant thereto, is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $10,000 or by imprisonment for not more than 1 year or both.

(c) Any person who mines coal by the open-pit or strip method on any land the State owns in violation of § 15-505 of this subtitle without a permit the Bureau issues is guilty of a misdemeanor and upon conviction is subject to a fine of not less than $1,000 and not exceeding $10,000 or imprisonment not exceeding two years, or both. A separate offense shall exist for each day a violation occurs.

In addition to any fine imposed, every person convicted of violating § 15-505 shall pay the Director a sum sufficient to reclaim the area mined.

(d) Any fine imposed under this subtitle by the District Court shall be paid to the State. A fine imposed by the circuit court for any county shall be paid to the Bituminous Coal Open-Pit Mining Reclamation Fund. A fine imposed under this section and paid into the Fund shall be used for the sole purpose of foresting or reclaiming land affected by open-pit mining of bituminous coal.

(e) Any person who shall willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties under this subtitle shall be guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $5,000 or by imprisonment for not more than 1 year or both.
Md. Code, Environment § 15-1205 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1205
§15–1205.
Status: in_force

(a) In this section, “litigation expenses” means costs and expenses that the court determines are reasonably and necessarily incurred in preparing for and prosecuting an action, including reasonable attorney’s fees.

(b) In an action to terminate a mineral interest in accordance with § 15–1203 of this subtitle, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest as a condition of dismissal of the action, if the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest.

(c) This section does not apply in an action in which a mineral interest has been unused in accordance with § 15–1203 of this subtitle for a period of 40 years or more preceding the commencement of the action.
Md. Code, Business Occupations and Professions § 15-605 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

A person may not:

(1) use or attempt to use the license of another individual; or

(2) impersonate another individual who holds a license.
Md. Code, Insurance § 15-2001 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2001
§15–2001.
Status: in_force

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

(b) “Independent pharmacy” means a pharmacy operating within the State that is under common ownership with not more than two other pharmacies.

(c) “Pharmacy benefits manager” has the meaning stated in § 15–1601 of this title.

(d) “Pharmacy services administrative contract” means a contractual agreement between a pharmacy services administrative organization and an independent pharmacy under which a pharmacy services administrative organization agrees to negotiate with purchasers or pharmacy benefits managers on behalf of one or more independent pharmacies.

(e) (1) “Pharmacy services administrative organization” means an entity that provides a contracted pharmacy with contracting administrative services relating to prescription drug benefits.

(2) “Pharmacy services administrative organization” does not include a nonprofit health maintenance organization that:

(i) operates as a group model;

(ii) provides services solely to a member or patient of the nonprofit health maintenance organization; and

(iii) furnishes services through the internal pharmacy operations of the nonprofit health maintenance organization.

(f) (1) “Purchaser” means the State Employee and Retiree Health and Welfare Benefits Program, an insurer, a nonprofit health services plan, or a health maintenance organization that provides prescription drug coverage or benefits in the State.

(2) “Purchaser” does not include a person that provides prescription drug coverage or benefits through plans subject to the Employee Retirement Income Security Act of 1974 and does not provide prescription drug coverage or benefits through insurance, unless the person is a multiple employer welfare arrangement as defined in § 514(b)(6)(A)(ii) of the Employee Retirement Income Security Act of 1974.
Md. Code, Commercial Law § 15-401 — MD Code / Article gcl / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

If a surety in any bond or other obligation for the payment of money or a promissory note, or the endorser of a protested draft, pays or tenders the money due on it in full, he is entitled to an assignment of it and, by virtue of the assignment, may maintain an action in his name against the principal debtor.
Md. Code, Insurance § 15-859 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-859
§15–859.
Status: in_force

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

(2) (i) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene–drug interactions for medications being considered for use or already being administered.

(ii) “Biomarker” includes gene mutations, characteristics of genes, or protein expression.

(3) (i) “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker, the results of which:

1. provide information that may be used in the formulation of a treatment or monitoring strategy that informs a patient’s outcome and impacts the clinical decision; and

2. include both information that is actionable and some information that cannot be immediately used in the formulation of a clinical decision.

(ii) “Biomarker testing” includes single–analyte tests, multi–plex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing.

(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 biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of a disease or condition that is supported by medical and scientific evidence, including testing:

(1) cleared or approved by the U.S. Food and Drug Administration;

(2) required or recommended for a drug approved by the U.S. Food and Drug Administration to ensure an insured or enrollee is a good candidate for the drug treatment;

(3) required or recommended through a warning or precaution for a drug approved by the U.S. Food and Drug Administration to identify whether an insured or enrollee will have an adverse reaction to the drug treatment or dosage;

(4) covered under a Centers for Medicare and Medicaid Services National Coverage Determination or Medicare Administrative Contractor Local Coverage Determination; or

(5) supported by nationally recognized clinical practice guidelines that are:

(i) developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and that have a conflict of interest policy; and

(ii) established standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.

(d) An entity subject to this section shall ensure that the coverage required under subsection (c) of this section is provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples.

(e) (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, Environment § 15-505 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-505
§15–505.
Status: reserved

(a) Before any person conducts open–pit mining, he shall obtain a permit from the Department for each separate operation. All permits shall require the operator to comply with all amendments to this subtitle and rules and regulations adopted pursuant thereto. A permit may not be issued if the Department determines that reclamation cannot be accomplished in accordance with the requirements of this subtitle or rules and regulations adopted pursuant thereto. The permit is valid for a term not to exceed 5 years, unless the Department suspends or cancels it prior to that time. If an applicant demonstrates that a specified longer term is necessary to obtain financing for equipment and opening the operation, the Department may grant a permit for such longer term. A permit issued under this subtitle shall carry with it the right of successive renewal and may be renewed if the permit meets the requirements of this subtitle and rules and regulations adopted under this subtitle. A permit may not be transferred or assigned without written approval from the Department.

(b) (1) Subject to paragraph (2) of this subsection, the Department may not issue, extend or renew any permit to mine coal by the open–pit or strip method on any land the State owns whether or not the ownership includes mineral rights incident to the land, except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that an abandoned mine on State land will be reclaimed in conjunction with the proposed mining or except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that the mining could occur in conjunction with public construction activities that will disturb the vegetation and topsoil of State land. If the Department’s failure to issue, extend or renew a permit involves taking a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution and the General Assembly has not appropriated sufficient funds to pay the compensation, the State may use available funds under Program Open Space to purchase or otherwise pay for the property rights.

(2) Subject to valid existing rights, as that term is used in the federal Surface Mining Control and Reclamation Act of 1977, the Department may not issue, extend or renew any permit:

(i) Which would adversely affect any publicly owned park or place recorded in the National Register of Historic Sites, unless approved by the federal, State or local agency with jurisdiction over the park or historic site;

(ii) Within the Youghiogheny River scenic corridor, notwithstanding any other provision of law;

(iii) Within 100 feet of the outside right–of–way line of any public road (except where mine access roads or haulage roads join the right–of–way line), unless the Department, after public notice and opportunity for a public hearing in the locality, determines that the interests of the public and the affected landowners will be protected;

(iv) Within 300 feet from any occupied dwelling, unless waived by the owner thereof;

(v) Within 300 feet of any public building, school, public park, church, community or institutional building; or

(vi) Within 100 feet of a cemetery.

(c) The application for a permit or permit revision shall be submitted in a manner satisfactory to the Department and shall contain at a minimum:

(1) A copy of the applicant’s advertisement to be published, following approval by the Department, in a newspaper of general circulation in the county of the proposed mining site which includes the ownership of the land to be affected, a description of the location and boundaries of the proposed site sufficient so that the proposed operation is easily locatable by local residents, the location of where the application is available for public inspection, and notice that written comments and requests for a public hearing will be received by the Department for at least 30 days after the last newspaper publication;

(2) A U.S. Geological Survey quadrangle sheet, 7 1/2 minute series enlarged to a scale satisfactory to the Department showing the location of the land affected by the contemplated operation. The map shall be prepared and certified by a registered engineer or registered surveyor approved by the Department. It shall show the boundaries of the area of land which will be affected, the drainage area above and below the area, the location and names of all streams, roads, railroads, buildings, and utility lines on or immediately adjacent to the area, the name of the owner of the area, the boundaries and names of the owners of all surface areas abutting the permit area, and the nearest municipality;

(3) The results of test borings which the operator has conducted at the site of the proposed operation. The application shall include data such as the nature and depth of the overburden, the thickness of the coal seam, a complete analysis of the coal seam and soil samples, the crop line and strike and dip of the coal seam, and the location of the test boring holes;

(4) A determination of the probable hydrologic consequences of the mining and reclamation operations upon surface and ground waters both on and off the permit area. Information pertaining to the coal seam, test borings, core samples and soil samples shall be available to the public except that information as to the chemical and physical properties of the coal seam other than its potential toxicity shall be confidential;

(5) A certificate stating that the applicant has a liability insurance policy for the operation for which the permit is sought in such amount as the Department determines to be necessary to compensate any person injured or damaged by the operation;

(6) A permit fee of $10; and

(7) A detailed mining and reclamation plan showing at a minimum, the method for construction of all haul roads, the method for removing and stockpiling topsoil material, the method of mining, a plan for blasting, a plan for control of drainage from the site, a plan for and method of backfilling and regrading, and a plan for revegetation of the area affected.

(d) Procedures for review of an application shall be as follows:

(1) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law.

(2) (i) Except as provided in subparagraph (iii) of this paragraph, upon receipt of a complete application for a permit or permit revision the Department shall require the applicant to publish an approved advertisement of the application submitted under subsection (c) of this section.

(ii) The public notice required in subparagraph (i) of this paragraph shall be published at least once a week for 4 successive weeks in a newspaper of general circulation in the county of the proposed mining operation.

(iii) The public notice required in subparagraph (i) of this paragraph may not be required for an application for permit revision that does not propose significant alterations in a permit in accordance with the Department’s regulations.

(3) The Department shall provide written notice of applications for permits or permit revisions to any interested person who requests written notice.

(4) If a public informational hearing is requested, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation. The Department shall hold a public informational hearing on the application. A record of the hearing shall be made and shall be available to the public.

(5) Any public informational hearing shall be at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of any hearing and copies of the application shall be available for public inspection at the Department 15 days before any hearing.

(6) The Department shall review all aspects of the application, including information pertaining to any other permit required from the Department for the proposed strip mining operation in a timely manner.

(7) (i) Upon completion of the review required by paragraph (6) of this subsection, the Department shall grant, require modification of, or deny the application for a permit and notify the applicant and any participant to a public informational hearing, in writing, of its decision:

1. Within 90 days after the date the Department determines that an application for a new permit or an application for permit revision that proposes significant alterations in the permit is complete; or

2. Within 45 days after receiving:

A. A revised application for a new permit; or

B. An application for a permit revision that does not propose significant alterations in the permit.

(ii) The applicant for a permit shall have the burden of establishing that the application is in compliance with all of the requirements of this subtitle and the rules and regulations issued under this subtitle.

(iii) The Department may provide for one extension of the deadlines in subparagraph (i) of this paragraph for up to 30 days by notifying the applicant in writing prior to the expiration of the original deadlines.

(8) The Department shall immediately notify the operator, local governments, and any participants to a public informational hearing of the decision by the Department. Within 30 days of notification, any person adversely affected by the decision may request an adjudicatory hearing. The Department shall hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article within 30 days of the request and render a decision within 30 days thereafter.

(9) Any applicant, or any person with an interest which is or may be adversely affected, who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the Department, or if the Department fails to act within the time limits specified in this subtitle, shall have the right to judicial review in accordance with § 10–222 of the State Government Article.

(e) In addition to any fee required in this subtitle, each applicant for a permit to mine coal by open–pit or strip method shall pay to the Department, before the permit is issued, a special reclamation fee of $75 for each acre of land affected. The fee shall be paid only when an acre is initially permitted. This fee shall be deposited in the Bituminous Coal Open–Pit Mining Reclamation Fund. The payment shall be based on the same number of acres as that for which a bond is required. Notwithstanding the provisions of § 15–515 of this subtitle, the Secretary shall use the funds produced by the fee under this subsection to backfill, grade, and plant areas affected by open–pit mining where the funds received from forfeiture on bonds, cash, securities, and other collateral are not sufficient to do the necessary backfilling, grading, and planting. However, if at any time the money produced by this fee and at that time in the Bituminous Coal Open–Pit Mining Reclamation Fund exceed the sum of $750,000, then the Secretary may use this excess money in accordance with the provisions of § 15–515 of this subtitle.

(f) The operator is responsible for the prevention of stream pollution in excess of federal or State standards.

(g) The application for a permit shall include for all land to be affected by the open–pit coal mining and reclamation operations:

(1) On a form furnished by the Department, the written consent of the landowner and any owner of a legal or equitable interest in the land surface for the applicant to enter on any land to be affected by the operator conducting open–pit coal mining and reclamation operations; or

(2) A conveyance that expressly grants or reserves to the applicant the right to extract coal by open–pit mining methods.

(h) The Department may not issue a permit to an applicant if any strip mining operation owned or controlled by the applicant is currently in violation of the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95–87), any other law pertaining to air or water environmental protection, or any provisions of this subtitle or any rule, regulation, notice, order or permit issued under this subtitle unless the applicant submits proof that the violation is in the process of being corrected to the satisfaction of the appropriate jurisdictional agency.

(i) (1) If the requirements of this subtitle are met and no claim is outstanding under this subtitle against the operator, or any officer or director of a corporation, a permit shall be issued. Any additional permit is subject to each requirement for the original permit.

(2) However, the Bureau may not issue a strip mining permit on slopes of 20 degrees or more from the horizontal. Slope measurements shall be made every 200 feet along the contour of the original premining natural slope beginning with the proposed initial point of mining and including the proposed terminal point of mining. If any 200–foot section has a slope of 20 degrees or more a strip mining permit may not be issued for that 200–foot section, except that a permit may be issued in the case of land eligible for remining when in the opinion of the Land Reclamation Committee the land could be restored to its original contour.

(j) If the Director of the Bureau does not approve the application for a permit or permit revision, he promptly shall notify the operator by registered or certified mail setting forth his reasons for the disapproval. The operator then may take the steps required to have the Bureau’s objections removed.

(k) A transfer, assignment, or sale of the rights granted under any permit issued pursuant to this subtitle may not be made without the written approval of the Department.
Md. Code, Insurance § 15-804 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-804
§15–804.
Status: in_force

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

(2) “Medical literature” means scientific studies published in a peer–reviewed national professional medical journal.

(3) “Off–label use” means the prescription of a drug for a treatment other than those treatments stated in the labeling approved by the federal Food and Drug Administration.

(4) “Standard reference compendia” means any authoritative compendia as recognized periodically by the federal Secretary of Health and Human Services or the Commissioner.

(b) This section does not:

(1) alter any law that limits the coverage of drugs that have not been approved by the federal Food and Drug Administration;

(2) require coverage of a drug if the federal Food and Drug Administration has determined use of the drug to be contraindicated; or

(3) require coverage of experimental drugs not approved for any indication by the federal Food and Drug Administration.

(c) (1) This subsection applies to each health insurance policy or contract that is delivered or issued for delivery in the State to an employer or individual on a group or individual basis, including a contract issued by a health maintenance organization.

(2) A policy or contract subject to this subsection that provides coverage for drugs may not exclude coverage of a drug for an off–label use of the drug if the drug is recognized for treatment in any of the standard reference compendia or in the medical literature.

(3) Coverage of a drug required by this subsection also includes medically necessary services associated with the administration of the drug.

(d) The Commissioner may direct a person, including a health maintenance organization, that issues a health insurance policy or contract to make payments required by this section.
Md. Code, Insurance § 15-119 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-119
§15–119.
Status: in_force

(a) This section applies to insurers and nonprofit health service plans that issue or deliver individual, group, or blanket health insurance policies in the State.

(b) An entity subject to this section that requires insureds to have a written referral to receive consultation services shall use the uniform consultation referral form adopted by the Commissioner under § 15–120 of this subtitle as the sole instrument for referrals for consultation services.

(c) An entity subject to this section may not impose as a condition of coverage a requirement to:

(1) modify the uniform consultation referral form; or

(2) submit additional consultation referral forms.

(d) The uniform consultation referral form:

(1) shall be properly completed by the health care provider that refers the insured for consultation services; and

(2) may be transmitted electronically.
Md. Code, Estates and Trusts § 15-502.1 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-502.1
§15–502.
Status: in_force

§15–502.1.

(a) A trustee may convert a trust into a unitrust as described in this section if:

(1) The trustee receives a written request from a beneficiary to exercise the power conferred by this subsection to convert to a unitrust;

(2) The trustee invests and manages the trust assets in the manner set forth in § 15–114(b) and (c) of this title;

(3) The trustee determines that the conversion will enable the trustee to better carry out the intent of the person who created the trust and the purposes of the trust; and

(4) (i) The trustee complies with the notice requirements of § 15–502.3 of this subtitle and all qualified beneficiaries consent; or

(ii) A court reviews a petition filed under § 15–502.3 of this subtitle and approves the proposed decision to convert to a unitrust.

(b) In deciding whether to exercise the power conferred by subsection (a) of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

(1) The nature, purpose, and expected duration of the trust;

(2) The intent of the creator of the trust;

(3) The identity and circumstances of the beneficiaries;

(4) The needs for liquidity, regularity of income, and preservation and appreciation of capital;

(5) The assets held in the trust and:

(i) The extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property;

(ii) The extent to which an asset is used by a beneficiary; and

(iii) Whether an asset was acquired by the trustee or received from the creator of the trust;

(6) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(7) The actual and anticipated effect of economic conditions on principal and income and the effects of inflation and deflation; and

(8) The anticipated tax consequences of a unitrust conversion.

(c) After a trust is converted to a unitrust, all of the following apply:

(1) The income of the trust that the income beneficiary is entitled to receive under the governing instrument shall be an annual unitrust distribution equal to a payout percentage of 4% of the net fair market value of the trust’s assets, whether those assets would be considered income or principal under any other provision of this subtitle, averaged over the lesser of:

(i) The 3 preceding years; or

(ii) The period during which the trust has been in existence;

(2) Expenses that would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution;

(3) Any provision in the governing instrument directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw a portion or all of the principal may not be affected by the conversion to a unitrust;

(4) Unless otherwise provided by the governing instrument, the unitrust distribution shall be paid first from net income of the trust, as net income would be determined if the trust were not a unitrust, and then from principal; and

(5) The trustee may determine to account for the unitrust distribution in accordance with the following rules:

(i) To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short–term capital gains;

(ii) To the extent income and net realized short–term capital gains are insufficient, the unitrust distribution shall be paid from net realized long–term capital gains; and

(iii) To the extent income and net realized short–term and long–term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust.

(d) The trustee shall determine:

(1) The effect of other payments from or contributions to the trust on the trust’s valuation;

(2) How frequently to value nonliquid assets and whether to estimate their value; and

(3) Whether to omit from the calculations trust property occupied or possessed by a beneficiary.

(e) If authorized by a court order, in accordance with a petition filed under § 15–502.3 of this subtitle, the converted unitrust may provide that:

(1) The payout percentage is different than 4%;

(2) A distribution of net income, as would be determined if the trust were not a unitrust, shall be made if in excess of the unitrust distribution and if that distribution is necessary to preserve a tax benefit; or

(3) Valuation of the trust’s net assets shall be averaged over a period other than 3 years.

(f) A trustee may not convert a trust into a unitrust under subsection (a) of this section if:

(1) The conversion would result in the disallowance of an estate tax or gift tax marital deduction that would be allowed, in whole or in part, if the trustee did not have the power to convert;

(2) Payment of the unitrust distribution would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(3) The unitrust distribution would be made from any amount that is permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, unless both income and principal are so set aside;

(4) Possessing or exercising the power to convert would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to convert;

(5) Possessing or exercising the power to convert would cause all or part of the trust assets to be subject to estate or gift tax with respect to an individual and the assets would not be subject to estate or gift tax with respect to the individual if the trustee did not possess the power to convert; or

(6) The trustee is a beneficiary of the trust.

(g) (1) If subsection (f)(4), (5), or (6) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may convert the trust to a unitrust under subsection (a) of this section, unless exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument.

(2) If subsection (f)(4), (5), or (6) of this section applies to all the trustees, the trustees may petition a court under § 15–502.3 of this subtitle to direct a conversion under subsection (a) of this section.

(h) (1) A trustee may release the power conferred by subsection (a) of this section to convert to a unitrust if:

(i) The trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection (f)(4), (5), or (6) of this section; or

(ii) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (f) of this section.

(2) A release described in paragraph (1) of this subsection may be permanent or for a specified period, including a period measured by the life of an individual.

(i) If the trustee receives a written request from a beneficiary to reconvert a trust from a unitrust, the trustee may reconvert a trust from a unitrust if:

(1) The trustee complies with the notice requirements of § 15–502.3 of this subtitle and all qualified beneficiaries consent to reconvert from a unitrust; or

(2) A court reviews a petition filed under § 15–502.3 of this subtitle and approves the proposed decision to reconvert from a unitrust.

(j) Unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power conferred by subsection (a) of this section, the terms of a trust that limit the power of a trustee to convert to a unitrust do not affect the application of this section.
Md. Code, Transportation § 15-106 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) If, during any license year, there is any change in the information that a licensee gave the Administration in obtaining a license under this title, the licensee shall report the change to the Administration within 30 days after the change occurs.

(b) If, during any license year, there is any change in the information that a licensee gave the Administration in retaining a license under this title, the licensee shall report the change to the Administration within 30 days after the change occurs.

(c) The report under this section shall be made on the form that the Administration requires.

(d) The licensee shall sign the form and certify that the information given in it is true.
Md. Code, Health - General § 15-117 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-117
§15–117.
Status: reserved

(a) In this section, “leave of absence” includes:

(1) A visit with friends or relatives; and

(2) A leave to participate in a State approved therapeutic or rehabilitative program.

(b) To ensure that a bed is reserved for a Program recipient who is on leave of absence from a nursing facility that has made a provider agreement with the Department, the facility shall receive payment for each day that the Program recipient is absent and a bed is reserved and made available for the return of that Program recipient.

(c) (1) Payments under subsection (b) of this section may not be made for more than 18 days in any calendar year.

(2) Notwithstanding any rule or regulation, a leave of absence is not subject to any requirement that it may not exceed a particular number of days a visit, except that the leave of absence may not exceed a total of 18 days during any calendar year.

(d) Payments required under this section:

(1) Shall be made according to the per diem payment procedures that the Department sets; and

(2) May not include payment for nursing services.

(e) A nursing facility may not make additional charges against a Program recipient because the Program recipient is absent temporarily from the nursing facility.
Md. Code, Insurance § 15-1A-03 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-03
§15–1A–03.
Status: in_force

(a) 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 grandfathered plan; and

(2) are consistent with 45 C.F.R. § 147.140 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.

(b) Except as otherwise provided in this subtitle and subject to subsection (c) of this section, this subtitle applies to any health benefit plan that is offered by a carrier in the State within the scope of:

(1) Subtitle 12 of this title;

(2) Subtitle 13 of this title; or

(3) Subtitle 14 of this title.

(c) (1) Except as provided in paragraph (2) of this subsection, the provisions of this subtitle do not apply to a grandfathered plan.

(2) (i) The following provisions apply to all grandfathered plans:

1. the provisions of § 15–1A–08 of this subtitle related to health benefit plans that provide dependent coverage of a child;

2. the provisions of § 15–1A–11 of this subtitle related to the prohibition on establishing lifetime limits on the dollar value of benefits;

3. the provisions of § 15–1A–12 of this subtitle related to waiting periods;

4. the provisions of § 15–1A–13 of this subtitle related to choice of provider;

5. the provisions of § 15–1A–14 of this subtitle related to coverage of emergency services;

6. the provisions of § 15–1A–15 of this subtitle related to summary of benefits and coverage requirements;

7. the provisions of § 15–1A–16 of this subtitle related to medical loss ratio and corresponding reporting and rebate requirements; and

8. the provisions of § 15–1A–21 of this subtitle related to rescission of a health benefit plan.

(ii) The following provisions apply to all grandfathered plans except grandfathered plans that are individual plans:

1. the provisions of § 15–1A–05 of this subtitle related to preexisting condition exclusions; and

2. the provisions of § 15–1A–11 of this subtitle related to the prohibition on establishing annual limits on the dollar value of benefits.
Md. Code, Transportation § 15-601 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) “License” means a title service agent’s license issued by the Administration under this subtitle.

(c) (1) “Title service agent” means any person in the business of physically or electronically transporting to and from the Administration certificates of title, registrations, drivers’ licenses, certified copies of records, and other related documents.

(2) “Title service agent” does not include a licensed dealer or employee of a licensed dealer who conducts the activities described in paragraph (1) of this subsection only on behalf of the business of that dealer.
Md. Code, Insurance § 15-827 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-827
§15–827.
Status: in_force

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

(2) (i) “Cooperative group” means a formal network of facilities that collaborate on research projects and have an established NIH-approved Peer Review Program operating within the group.

(ii) “Cooperative group” includes:

1. the National Cancer Institute Clinical Cooperative Group;

2. the National Cancer Institute Community Clinical Oncology Program;

3. the AIDS Clinical Trials Group; and

4. the Community Programs for Clinical Research in AIDS.

(3) “FDA” means the federal Food and Drug Administration.

(4) “Member” means a policyholder, subscriber, insured, or certificate holder or a covered dependent of a policyholder, subscriber, insured, or certificate holder.

(5) “Multiple project assurance contract” means a contract between an institution and the federal Department of Health and Human Services that defines the relationship of the institution to the federal Department of Health and Human Services and sets out the responsibilities of the institution and the procedures that will be used by the institution to protect human subjects.

(6) “NIH” means the National Institutes of Health.

(7) (i) “Patient cost” means the cost of a medically necessary health care service that is incurred as a result of the treatment being provided to the member for purposes of the clinical trial.

(ii) “Patient cost” does not include:

1. the cost of an investigational drug or device;

2. the cost of nonhealth care services that a patient may be required to receive as a result of the treatment being provided for purposes of the clinical trial;

3. costs associated with managing the research associated with the clinical trial; or

4. costs that would not be covered under the patient’s policy, plan, or contract for noninvestigational treatments.

(b) This section applies to:

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

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

(c) This section does not apply to a policy, plan, or contract paid for under Title XVIII or Title XIX of the Social Security Act.

(d) A policy, plan, or contract subject to this section shall provide coverage for patient cost to a member in a clinical trial, as a result of:

(1) treatment provided for a life-threatening condition; or

(2) prevention, early detection, and treatment studies on cancer.

(e) The coverage under subsection (d) of this section shall be required if:

(1) (i) the treatment is being provided or the studies are being conducted in a Phase I, Phase II, Phase III, or Phase IV clinical trial for cancer; or

(ii) the treatment is being provided in a Phase I, Phase II, Phase III, or Phase IV clinical trial for any other life-threatening condition;

(2) the treatment is being provided in a clinical trial approved by:

(i) one of the National Institutes of Health;

(ii) an NIH cooperative group or an NIH center;

(iii) the FDA in the form of an investigational new drug application;

(iv) the federal Department of Veterans Affairs; or

(v) an institutional review board of an institution in the State which has a multiple project assurance contract approved by the Office of Protection from Research Risks of the National Institutes of Health;

(3) the facility and personnel providing the treatment are capable of doing so by virtue of their experience, training, and volume of patients treated to maintain expertise;

(4) there is no clearly superior, noninvestigational treatment alternative; and

(5) the available clinical or preclinical data provide a reasonable expectation that the treatment will be at least as effective as the noninvestigational alternative.

(f) In conjunction with the provisions of subsection (d) of this section, a policy, plan, or contract shall provide coverage for patient cost incurred for drugs and devices that have been approved for sale by the FDA whether or not the FDA has approved the drug or device for use in treating the patient’s particular condition, to the extent that the drugs or devices are not paid for by the manufacturer, distributor, or provider of that drug or device.

(g) (1) An entity seeking coverage for treatment in a clinical trial approved by an institutional review board under subsection (e)(2)(v) of this section shall post electronically and keep up-to-date a list of the clinical trials meeting the requirements of subsections (d) and (e) of this section.

(2) The list shall include, for each clinical trial:

(i) the phase for which the trial is approved;

(ii) the entity approving the trial;

(iii) whether the trial is for treatment of cancer or another life-threatening disease and, if not cancer, the particular disease; and

(iv) the estimated number of participants in the trial.

(h) This section may not be construed to affect compliance with § 15-804 of this subtitle regarding coverage for off-label use of drugs.
Md. Code, Business Regulation § 15-102 — MD Code / Article gbr / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

Except for § 15-105 of this subtitle, this subtitle applies only to those hotels that display in each guest room a notice of the provisions of this subtitle.
Md. Code, Environment § 15-302 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

The examining authority shall inquire into the background and qualifications of each applicant for any certificate or permit of competence. It shall prepare, correct, and grade the individual examinations for the various certificates of competency.
Md. Code, Insurance § 15-819 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-819
§15–819.
Status: in_force

(a) This section applies to:

(1) each individual, group, or blanket health insurance policy that is issued or delivered in the State by an insurer; and

(2) each contract or certificate that is issued or delivered in the State by a nonprofit health service plan.

(b) A policy, contract, or certificate subject to this section that provides coverage for an inpatient service in an acute general hospital shall provide coverage for:

(1) a corresponding outpatient service that is provided to the insured instead of the inpatient service because of the denial, after review under a utilization review program, of a request by the attending physician for an inpatient admission; and

(2) an objective second opinion given to the insured when required by a utilization review program under § 19-319 of the Health - General Article.
Md. Code, Transportation § 15-502 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

(a) A person may not conduct the business of an automotive dismantler and recycler or a scrap processor, or engage in the business of acquiring or offering to purchase or remove vehicles which are to be dismantled in whole or in part by that person for the sale of usable parts, unless the person is licensed by the Administration under this subtitle.

(b) (1) A person may not advertise for the purchase, towing, or removal of junk or abandoned vehicles unless the person is licensed by the Administration under this subtitle.

(2) Any advertisement for the purchase, towing, or removal of junk or abandoned vehicles by a licensee under this subtitle shall include the license number of the licensee.

(c) A person may not store on any private property for more than 30 days any vehicle that is to be dismantled, destroyed, or scrapped, unless the person is an automotive dismantler and recycler or a scrap processor licensed under this subtitle.

(d) This section does not prohibit an unlicensed person from purchasing, transporting, towing, or removing a vehicle to a licensed automotive dismantler and recycler or a licensed scrap processor for dismantling, destroying, or scrapping.

(e) A person convicted of a violation of subsection (a) of this section is subject to:

(1) For a first offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(2) For a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.
Md. Code, Insurance § 15-10A-01 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-01
§15–10A–01.
Status: in_force

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

(b) (1) “Adverse decision” means:

(i) a utilization review determination by a private review agent, a carrier, or a health care provider acting on behalf of a carrier that:

1. a proposed or delivered health care service covered under the member’s contract is or was not medically necessary, appropriate, or efficient; and

2. may result in noncoverage of the health care service; or

(ii) a denial by a carrier of a request by a member for an alternative standard or a waiver of a standard to satisfy the requirements of a wellness program under § 15–509 of this title.

(2) “Adverse decision” includes a utilization review determination based on a prior authorization or step therapy requirement.

(3) “Adverse decision” does not include a decision concerning a subscriber’s status as a member.

(c) “Carrier” means a person that offers a health benefit plan and is:

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

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization;

(5) a self–funded student health plan operated by an independent institution of higher education, as defined in § 10–101 of the Education Article, that provides health care to its students and their dependents; or

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

(d) “Complaint” means a protest filed with the Commissioner involving an adverse decision or grievance decision concerning the member.

(e) “Designee of the Commissioner” means any person to whom the Commissioner has delegated the authority to review and decide complaints filed under this subtitle, including an administrative law judge to whom the authority to conduct a hearing has been delegated for recommended or final decision.

(f) “Grievance” means a protest filed by a member, a member’s representative, or a health care provider on behalf of a member with a carrier through the carrier’s internal grievance process regarding an adverse decision concerning the member.

(g) “Grievance decision” means a final determination by a carrier that arises from a grievance filed with the carrier under its internal grievance process regarding an adverse decision concerning a member.

(h) “Health Advocacy Unit” means the Health Education and Advocacy Unit in the Division of Consumer Protection of the Office of the Attorney General established under Title 13, Subtitle 4A of the Commercial Law Article.

(i) “Health benefit plan” has the meaning stated in § 2–112.2(a) of this article.

(j) “Health care provider” means:

(1) an individual who is licensed under the Health Occupations Article to provide health care services in the ordinary course of business or practice of a profession and is a treating provider of the member; or

(2) a hospital, as defined in § 19–301 of the Health – General Article.

(k) “Health care service” means a health or medical care procedure or service rendered by a health care provider that:

(1) provides testing, diagnosis, or treatment of a human disease or dysfunction;

(2) dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of a human disease or dysfunction; or

(3) provides any other care, service, or treatment of disease or injury, the correction of defects, or the maintenance of physical or mental well–being of individuals.

(l) (1) “Member” means a person entitled to health care benefits under a policy, plan, or certificate issued or delivered in the State by a carrier.

(2) “Member” includes:

(i) a subscriber; and

(ii) unless preempted by federal law, a Medicare recipient.

(3) “Member” does not include a Medicaid recipient.

(m) “Member’s representative” means an individual who has been authorized by the member to file a grievance or a complaint on the member’s behalf.

(n) “Private review agent” has the meaning stated in § 15–10B–01 of this title.
Md. Code, Environment § 15-503 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

(a) The Bureau may make and enforce any rule and regulation necessary to prevent, minimize, or repair damage to the land or the natural resources associated with the land which may result from any open-pit mining operation.

(b) The Department is authorized to administer a surface mining control program consistent with the requirements of the federal Surface Mining Control and Reclamation Act, any amendments to that Act, and any rule or regulation promulgated under that Act.
Md. Code, Transportation § 15-1007 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1007
§15–1007.
Status: in_force

(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.

(b) A manufacturer, distributor, or factory branch, whether directly or through an agent, an employee, or a representative, may not fail to act in good faith:

(1) In acting or purporting to act under the terms, provisions, or conditions of any franchise agreement; or

(2) In any transaction or conduct governed by this subtitle.
Md. Code, Land Use § 15-122 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-122
§15–122.
Status: in_force

Notwithstanding the requirements of § 5–504 of the General Provisions Article, a former commissioner from Montgomery County may not assist or represent another party for compensation in a matter that was the subject of action before the Montgomery County Planning Board while the commissioner served on the Board for 1 calendar year from the date the commissioner leaves office.
Md. Code, Environment § 15-706 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-706
§15–706.
Status: in_force

The Department may take advantage of any available federal program to augment the money it has available under the provisions of this subtitle.
Md. Code, Insurance § 15-1318 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1318
§15–1318.
Status: in_force

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

(2) “Institution of higher education” has the meaning stated in the federal Higher Education Act of 1965.

(3) “Student administrative health fee” means a fee charged by an institution of higher education on a periodic basis to students of the institution of higher education to offset the cost of providing health care through health clinics regardless of whether the students utilize the health clinics or enroll in student health plan coverage.

(4) “Student health plan” means an individual health benefit plan that is provided to students enrolled in an institution of higher education and their dependents under a written agreement that:

(i) is between the institution of higher education and a carrier;

(ii) does not make coverage under the health benefit plan available other than in connection with enrollment as a student or as a dependent of a student in the institution of higher education; and

(iii) does not condition eligibility for the health benefit plan on any health status–related factor relating to a student or a dependent of a student.

(b) A carrier that offers student health plans is not required to:

(1) accept individuals who are not:

(i) students; or

(ii) dependents of students covered under the student health plan;

(2) establish open enrollment periods;

(3) establish effective dates that are based on a calendar year;

(4) offer health benefit plan contracts that are on a calendar year basis; or

(5) renew, or continue in force, coverage for individuals who are no longer students or dependents of students.

(c) A student health plan is not subject to the requirement of a single risk pool under § 1312(c) of the Affordable Care Act.

(d) A student health plan shall comply with the requirements of 45 C.F.R. § 147.145, as interpreted and implemented by the federal Centers for Medicare and Medicaid Services.

(e) A student administrative health fee is not considered a cost–sharing requirement with respect to specified recommended preventive services.
Md. Code, Housing and Community Development § 15-103 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

The General Assembly finds that:

(1) in Baltimore City and in the area of operation of the Baltimore Authority there is unsafe and unsanitary housing, and there is a critical shortage of decent, safe, and sanitary housing that persons of eligible income can afford to rent or buy;

(2) as a result of this shortage, persons of eligible income must occupy overcrowded and congested housing or must pay too much of their income for shelter;

(3) these conditions require too much public money to be spent for public health and safety, fire and accident protection, crime prevention and punishment, and other public services and facilities;

(4) the shortage of decent, safe, and sanitary housing cannot be wholly relieved through private enterprise, and therefore building housing for persons of eligible income and spending public money to help get it built do not compete with private enterprise;

(5) the construction and operation of housing to remedy the conditions described in this section and the implementation of this title are valid public purposes and essential government functions for which public money may be spent; and

(6) the provisions of this title are necessary in the public interest.
Md. Code, Health - General § 15-141.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.1
§15–141.
Status: in_force

§15–141.1.

(a) In this section, “Collaborative Care Model” means an evidence–based approach for integrating somatic and behavioral health services in primary care settings that includes:

(1) Care coordination and management;

(2) Regular, proactive outcome monitoring and treatment for outcome targets using standardized outcome measurement rating scales and electronic tools, such as patient tracking; and

(3) Regular systematic psychiatric and substance use disorder caseload reviews and consultation with a psychiatrist, an addiction medicine specialist, or any other behavioral health medicine specialist as allowed under federal regulations governing the model.

(b) This section may not be construed to prohibit referrals from a primary care provider to a specialty behavioral health care provider.

(c) The Department shall implement and provide reimbursement for services provided in accordance with the Collaborative Care Model statewide in primary care settings that provide health care services to Program recipients.
Md. Code, Business Occupations and Professions § 15-404 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-404
§15–404.
Status: in_force

The Board shall issue a permit to each applicant who meets the requirements of this subtitle and pays to the Board a permit fee set by the Board.
Md. Code, Land Use § 15-402 — MD Code / Article glu / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) The Audit Committee consists of five members.

(b) The four voting members of the Audit Committee shall be appointed as follows:

(1) one commissioner who is a member of the Montgomery County Planning Board, appointed by the chair of the Planning Board;

(2) one commissioner who is a member of the Prince George’s County Planning Board, appointed by the chair of the Planning Board;

(3) one member of the public who is qualified in accordance with subsection (e) of this section, appointed by the Montgomery County Planning Board; and

(4) one member of the public who is qualified in accordance with subsection (e) of this section, appointed by the Prince George’s County Planning Board.

(c) The chair of the Commission shall serve as an ex officio nonvoting member of the Audit Committee who may vote only when there is a tie vote among the voting members.

(d) (1) The term of a voting member of the Audit Committee is 2 years.

(2) The terms of the voting members of the Audit Committee are staggered as required by the terms provided for the Audit Committee on October 1, 2017.

(3) At the end of a term, a voting member continues to serve until a successor is appointed and qualifies.

(4) If a vacancy occurs after a term has begun, the appropriate planning board shall appoint a successor.

(5) A voting member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) (1) A member of the Audit Committee who is a member of the public shall possess:

(i) advanced education and experience in the management of governmental entities that are comparable to the Commission in scope and complexity;

(ii) demonstrated knowledge and experience in the application of:

1. generally accepted accounting principles;

2. generally accepted government auditing standards; and

3. internal control systems; and

(iii) an understanding of the appropriate functions of an Audit Committee.

(2) A member of the Audit Committee who is a member of the public may possess demonstrated knowledge and experience in the application of:

(i) sustainable financial management practices for public entities; and

(ii) public accountability.

(3) A member of the Audit Committee who is a member of the public may not have any other business or close personal relationships with the Commission or its officers, managers, or employees.

(f) (1) Before appointing any member of the public to the Audit Committee, the appropriate planning board shall submit the name and qualifications of the proposed nominee for consideration by the county council of that county.

(2) On and after 30 days after a planning board notifies the appropriate county council of a prospective nominee to the Audit Committee under this paragraph, the proposed nominee shall be eligible for appointment to the Audit Committee unless the county council notifies the planning board in writing of an objection to the appointment and the basis for the objection.

(3) If the county council notifies the planning board of an objection to the appointment of a prospective nominee under this subsection, the planning board shall submit the name and qualifications of another prospective nominee for consideration.

(g) The Audit Committee shall elect a voting member who is also a commissioner as chair.
Md. Code, Insurance § 15-107 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

(a) This section applies to insurers and nonprofit health service plans that issue or deliver individual, group, or blanket health insurance policies in the State.

(b) At least 30 days before the change is effective, an entity subject to this section that provides pharmaceutical benefits shall notify in writing all pharmacies under contract with the entity of any of the following changes in the pharmaceutical benefit program rules or requirements:

(1) exclusion of coverage for classes of drugs as specified by the contract;

(2) changes in prior or preauthorization procedures; or

(3) selection of new prescription claims processors.

(c) An entity subject to this section that fails to provide advance notice under subsection (b) of this section shall honor and pay in full any claim under the program rules or requirements that existed before the change for 30 days after the postmarked date of the notice.
Md. Code, Estates and Trusts § 15-620 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-620
§15–620.
Status: in_force

This subtitle may be cited as the Maryland Fiduciary Access to Digital Assets Act.
Md. Code, Insurance § 15-10A-07 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-07
§15–10A–07.
Status: in_force

On a quarterly basis, the Health Advocacy Unit shall submit a report to the Commissioner that:

(1) describes activities it performed on behalf of members that have participated in an internal grievance process of a carrier established under this subtitle;

(2) describes its efforts to mediate cases that involve an adverse decision;

(3) names each carrier involved in the cases described in the report;

(4) states the number and outcome of each grievance considered an emergency case under § 15-10A-02(b)(2)(i) of this subtitle described in the report, including the time within which the carrier made a grievance decision on each emergency case; and

(5) states the number and outcome of each case described in the report that was not considered an emergency case, including the time within which the carrier made a grievance decision on the case.
Md. Code, Health Occupations § 15-201 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

(a) There is a Physician Assistant Advisory Committee within the Board.

(b) The Committee shall function as a subunit of the Board.
Md. Code, State Finance and Procurement § 15-218 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-218
§15–218.
Status: in_force

(a) Except as provided under § 15–219 of this subtitle, a procurement officer who receives a protest or a contract claim from a contractor shall comply with this section.

(b) (1) On receipt of a protest or contract claim from a contractor, a procurement officer:

(i) shall review the substance of the protest or contract claim;

(ii) may request additional information or substantiation through an appropriate procedure;

(iii) may discuss with interested parties and, if appropriate, may conduct negotiations with the person initiating the protest or contract claim; and

(iv) shall comply with any applicable regulations.

(2) Unless clearly inappropriate, the procurement officer shall seek the advice of the Office of the Attorney General.

(c) (1) Subject to subsection (b) of this section and consistent with the State budget and other applicable laws, the procurement officer shall:

(i) resolve the protest or contract claim by agreement of the parties;

(ii) wholly or partly deny the protest or contract claim; or

(iii) wholly or partly grant the relief sought by the person who submitted the protest or contract claim.

(2) The procurement officer promptly shall send the decision in writing to the reviewing authority.

(d) Unless otherwise provided by regulation, the decision of the procurement officer shall be reviewed promptly by:

(1) the head of the unit; and

(2) the head of the principal department or other equivalent unit of which the unit is a part.

(e) (1) Except as provided under paragraph (3) of this subsection, the reviewing authority shall approve, disapprove, or modify the decision of the procurement officer within 180 days after receiving the contract claim or a longer period to which the parties agree.

(2) The action of the reviewing authority under this subsection shall be the final action of the unit.

(3) The reviewing authority may remand the proceeding with instructions to the procurement officer.

(4) On remand, the procurement officer shall proceed under subsection (b) of this section in accordance with those instructions.

(f) (1) A decision not to pay a contract claim is a final action for the purpose of appeal to the Appeals Board.

(2) The failure to reach a decision within the time required under subsection (e) of this section may be deemed, at the option of the contractor, to be a decision not to pay the contract claim.
Md. Code, Business Occupations and Professions § 15-302 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

(a) On and after July 1, 1990, the Board may not issue a license to practice property line surveying.

(b) Notwithstanding subsection (a) of this section, an individual who is licensed as a property line surveyor as of June 30, 1990, may continue to renew the license as provided under § 15-314 of this subtitle.
Md. Code, Insurance § 15-124 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-124
§15–124.
Status: in_force

(a) In this section, “group health insurance” has the meaning stated in § 15–301 of this title.

(b) This section applies to insurers and nonprofit health service plans that issue or deliver group health insurance policies in the State.

(c) An entity subject to this section when issuing or renewing a group health insurance policy with an employer that does not include dependent coverage shall provide enrollment information to insured employees regarding the methods of enrolling any dependent of an insured employee in the Maryland Children’s Health Program established under § 15-301 of the Health - General Article.
Md. Code, Land Use § 15-204 — MD Code / Article glu / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) The Commission’s procurement regulations may establish a local small business enterprise program to encourage local small business enterprise participation in appropriate procurement activities.

(b) The regulations adopted in accordance with this section may include:

(1) procedures for reliable documentation of a business entity’s official designation by Montgomery County or Prince George’s County as a local small business enterprise;

(2) procedures to be followed by staff, prospective contractors, and successful bidders or offerors to maximize notice to, and the opportunity to participate in the procurement process by, a broad range of local small business enterprises; and

(3) provisions to:

(i) extend reasonable competitive preferences for local small business enterprises;

(ii) establish procurement goals of utilization of local small business enterprises; and

(iii) reserve particular procurement activities for local small business enterprises under appropriate circumstances.
Md. Code, Environment § 15-1001 — MD Code / Article gen / Title 15 / Subtitle 10 / Section 15-1001
§15–1001.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.

(b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
Md. Code, Insurance § 15-117 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-117
§15–117.
Status: in_force

(a) This section applies to insurers and nonprofit health service plans that issue or deliver individual hospital or major medical insurance policies or group or blanket health insurance policies in the State.

(b) An entity subject to this section, by contract or in any other manner, may not require a health care provider to indemnify the entity or hold the entity harmless from a coverage decision or negligent act of the entity.
Md. Code, Land Use § 15-106 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) The County Executive of Prince George’s County, with the approval of a majority of the members of the County Council, and the Montgomery County Council, with the approval of the County Executive in accordance with subsection (b) of this section, shall each designate a commissioner for the position of chair or vice chair.

(b) (1) Within 3 days after making a designation, the Montgomery County Council shall submit the name of the designee to the County Executive.

(2) Within 30 days after the designation is submitted, the County Executive shall approve or disapprove the designation.

(3) If the County Executive disapproves a designee, the County Executive shall return the name of the designee to the County Council with the reasons for the disapproval stated in writing.

(4) By the affirmative vote of eight of its members, the County Council may designate a commissioner for the position of chair or vice chair over the disapproval of the County Executive.

(5) A designation that has not been disapproved by the County Executive in accordance with this subsection is deemed to be approved.

(c) The Commission shall elect a chair and vice chair from the commissioners designated in accordance with subsections (a) and (b) of this section.

(d) (1) The chair shall:

(i) preside at meetings of the Commission; and

(ii) perform the other customary duties of the office.

(2) The vice chair shall preside in the absence of the chair.

(3) The chair and vice chair of the Commission also serve as chairs of their respective county planning boards.
Md. Code, Health - General § 15-118 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-118
§15–118.
Status: in_force

(a) (1) Unless the prescriber directs otherwise on the form or on an attached signed certification of need, the generic form of the drug authorized under § 12-504 of the Health Occupations Article shall be used to fill the prescription.

(2) If the appropriate generic drug is not generally available, the Department may waive the requirement for generic substitution under paragraph (1) of this subsection.

(b) (1) Except as provided under paragraph (2) of this subsection, the Program shall establish maximum reimbursement levels for the drug products for which there is a generic equivalent authorized under § 12-504 of the Health Occupations Article, based on the cost of the generic product.

(2) If a prescriber directs a specific brand name drug, the reimbursement level shall be based on the cost of the brand name product.

(c) (1) Except as provided under paragraph (4) of this subsection and unless the change is made by an emergency regulation, the Program shall notify all pharmacies under contract with the Program in writing of changes in the Pharmaceutical Benefit Program rules or requirements at least 30 days before the change is effective.

(2) Changes that require 30 days’ advance written notice under paragraph (1) of this subsection are:

(i) Exclusion of coverage for classes of drugs as specified by contract;

(ii) Changes in prior or preauthorization procedures; and

(iii) Selection of new prescription claims processors.

(3) If the Program fails to provide advance notice as required under paragraph (1) of this subsection, it shall honor and pay in full any claim under the Program rules or requirements that existed before the change for 30 days after the postmarked date of the notice.

(4) Notwithstanding any other provision of law, the notice requirements of this subsection do not apply to the addition of new generic drugs authorized under § 12-504 of the Health Occupations Article.

(d) The Secretary shall adopt regulations to carry out the provisions of this section.

(e) Except for a prescription for a prescription drug that contains a substance listed in Schedule II or that is determined by the Secretary to present an emerging threat in the State because of increasing abuse or diversion, the provisions of § 21-220(b)(1) of this article shall apply to the Program.
Md. Code, Insurance § 15-207 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

Each policy of health insurance shall contain the following provision:

“Entire contract; changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No insurance producer has authority to change this policy or to waive any of its provisions.”
Md. Code, State Finance and Procurement § 15-216 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-216
§15–216.
Status: in_force

(a) Title 10, Subtitle 2 of the State Government Article does not apply to the disposition of a protest or a contract claim by:

(1) a primary procurement unit;

(2) a procurement officer; or

(3) a unit.

(b) The Appeals Board shall conduct its proceedings in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Health - General § 15-152 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-152
§15–152.
Status: in_force

(a) The Program and the Maryland Children’s Health Program shall provide coverage for services rendered to an enrollee by a licensed pharmacist acting within the pharmacist’s lawful scope of practice to the same extent as services rendered by any other licensed health care provider.

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

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

(2) Acting under a physician’s orders.
Md. Code, Estates and Trusts § 15-525 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-525
§15–525.
Status: reserved

(a) In this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than 1 year.

(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2) During the administration of a decedent’s estate; or

(3) Under this section if the trustee is accounting under § 15-510 of this subtitle for the business or activity in which the asset is used.

(c) An amount transferred to principal need not be held as a separate fund.
Md. Code, Transportation § 15-401 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

In this subtitle, “license” means a vehicle salesman’s license issued by the Administration under this subtitle.
Md. Code, Health Occupations § 15-311 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-311
§15–311.
Status: in_force

Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary panel, on the affirmative vote of a majority of a quorum, may deny a license to any applicant for:

(1) Any of the reasons that are grounds for disciplinary action under § 15–314 of this subtitle; and

(2) Failure to complete a criminal history records check in accordance with § 14–308.1 of this article.
Md. Code, Insurance § 15-1009 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1009
§15–1009.
Status: in_force

(a) In this section, “carrier” means:

(1) an insurer;

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization; or

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

(b) If a health care service for a patient has been preauthorized or approved by a carrier or the carrier’s private review agent, the carrier may not deny reimbursement to a health care provider for the preauthorized or approved service delivered to that patient unless:

(1) the information submitted to the carrier regarding the service to be delivered to the patient was fraudulent or intentionally misrepresentative;

(2) critical information requested by the carrier regarding the service to be delivered to the patient was omitted such that the carrier’s determination would have been different had it known the critical information;

(3) a planned course of treatment for the patient that was approved by the carrier was not substantially followed by the health care provider; or

(4) on the date the preauthorized or approved service was delivered:

(i) the patient was not covered by the carrier;

(ii) the carrier maintained an automated eligibility verification system that was available to the contracting provider by telephone or via the Internet; and

(iii) according to the verification system, the patient was not covered by the carrier.

(c) Notwithstanding subsection (b) of this section, a carrier may suspend review of a claim for reimbursement of a preauthorized or approved health care service if:

(1) the patient is in the second or third month of a grace period under 45 C.F.R. § 156.270(d);

(2) the carrier maintains an automated eligibility verification system that was available to the health care provider by telephone or via the Internet at the time the health care service was provided;

(3) according to the verification system, the provider is informed that:

(i) the patient is in the second or third month of a grace period and review of a claim for reimbursement may be suspended; and

(ii) a carrier is not prohibited from denying a claim for reimbursement of a suspended claim; and

(4) the carrier complies with the notice and claim payment requirements under § 15–1005 of this subtitle.

(d) A carrier shall pay a claim for a preauthorized or approved covered health care service in accordance with §§ 15–1005 and 15–1008 of this subtitle.
Md. Code, Environment § 15-521 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-521
§15–521.
Status: in_force

(a) Any person who violates any provision of this subtitle, or any rule, regulation, order, or permit issued pursuant thereto, shall be liable for a penalty not exceeding $10,000 for the violation, which may be recovered in a civil action, and the person may be enjoined from continuing the violation, as provided by this subtitle. Each day upon which the violation occurs constitutes a separate offense.

(b) (1) In addition to any other remedies available at law or in equity, a civil penalty may be assessed for violation of any provision of this subtitle, or rule, regulation, order or permit issued under it; and shall be assessed whenever the Bureau issues a cease and desist order on imminent danger or significant imminent environmental harm under § 15-508(e) of this subtitle. The penalty may be assessed by the Secretary or a hearing officer designated by the Secretary, only after the person charged with the violation has been given an opportunity for a public hearing in accordance with paragraph (4) of this subsection. Where the person charged with the violation fails to request a public hearing, a civil penalty shall be assessed only after the Department determines that a violation did occur and the amount of the penalty which is warranted and has issued an order requiring the penalty be paid. The civil penalty assessed may not exceed $5,000 for each day of violation.

(2) In determining whether or not to seek assessment of a civil penalty, the Department shall consider:

(i) The willfullness of the violation and whether any negligence was involved;

(ii) The seriousness of the violation in terms of potential or actual damage to land and structures, irreparable harm to the environment, or hazard to the health or safety of the public;

(iii) The history of violations at the particular mine site;

(iv) Any demonstrated good faith by the operator in attempting rapid compliance after notification of the violation; and

(v) The effect of the violation on reclamation of the affected area.

(3) The civil penalty is payable to the State and collectible in any manner provided at law for the collection of debts. If any person liable to pay the penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State upon the property, both real and personal, of the person and shall be recorded in the clerk of court’s office for the political subdivision in which the property is located. The moneys shall be credited to the Bituminous Coal Open-Pit Mining Reclamation Fund.

(4) Within 30 days from the date of an assessment order by the Department, the person charged with the violation may request an adjudicatory hearing in accordance with Title 10, Subtitle 2 of the State Government Article; provided that, at the time of the request the full amount of the penalty must be paid over to the Secretary for placement in an escrow account pending completion of administrative and judicial review of the assessment. Failure to forward the full amount to the Secretary within 30 days of an assessment order shall result in a waiver of all legal rights to contest the amount of the penalty or the underlying violation. If it is eventually determined that no violation occurred, or the amount of the penalty is reduced, the Secretary shall remit within 30 days the appropriate amount to the person, with interest at the rate of 6 percent.

(c) If an operator fails to correct a violation within the time for compliance specified by a notice or order issued under § 15-508(c) or (e) of this subtitle, the Secretary shall assess a civil penalty of not less than $750 for each subsequent day up to 30 days thereafter during which the violation continues, and may assess the penalty beyond that time.

(d) The Department may waive assessment of the civil penalty required by subsection (c) of this section when a violation was issued for the failure of the operator to submit:

(1) The monthly report and annual report required under § 15-508(a) of this subtitle;

(2) The mining and reclamation progress report required under § 15-508(b) of this subtitle;

(3) The backfilling and planting report required under § 15-513 of this subtitle; or

(4) The completion report required under § 15-511(a) of this subtitle.
Md. Code, Education § 15-134 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-134
§15–134.
Status: in_force

(a) In this section, “prior learning examination” includes Advanced Placement Program examinations, International Baccalaureate Diploma Program examinations, Cambridge Advanced International Certificate of Education Diploma Program examinations, and College–Level Examination Program examinations.

(b) (1) On or before October 1, 2022, each public institution of higher education shall develop and implement policies and procedures for awarding academic credit for prior learning examinations.

(2) The policies and procedures required under paragraph (1) of this subsection shall:

(i) Except as provided in paragraph (3) of this subsection, accept for awarding academic credit:

1. A minimum score of 3 on Advanced Placement examinations; and

2. A minimum score of 50 on College–Level Examination Program examinations;

(ii) Determine the minimum required score for awarding academic credit on the Cambridge Advanced International Certificate of Education Diploma Program examination and the International Baccalaureate Diploma Program examination that is comparable to the minimum scores under item (i) of this paragraph;

(iii) Indicate the manner in which academic credit for prior learning examinations will be awarded for general education requirements, major requirements, and elective requirements; and

(iv) Include procedures related to the transfer of academic credits awarded from prior learning examinations to another public institution of higher education.

(3) Policies and procedures required under this subsection may require a higher score on a prior learning examination than listed in paragraph (2)(i) of this subsection if the chief academic officer of the public institution of higher education provides evidence to the Commission that the higher score is necessary for a student to be successful in a particular course.

(c) (1) Each public institution of higher education shall:

(i) Publicly post the policies and procedures required in subsection (b) of this section on the public institution of higher education’s website under the “Admissions” category; and

(ii) Submit the policy and procedures to the Commission.

(2) The Commission shall post each public institution of higher education’s policies and procedures on the Commission’s website.

(d) On or before December 31 each year, each public institution of higher education shall report to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the following metrics related to the immediately preceding academic year:

(1) The total number of students awarded academic credit for prior learning examinations;

(2) The total number of academic credits awarded to students for prior learning examinations;

(3) The number of academic credits awarded to matriculating students for prior learning examinations and, of those credits:

(i) The number of credits applied toward major requirements; and

(ii) The number of credits applied toward elective requirements; and

(4) Any other information the Commission or the General Assembly requests.

(e) The Commission shall adopt regulations to carry out this section.
Md. Code, Insurance § 15-909 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-909
§15–909.
Status: in_force

(a) This section does not extend the number of days of hospitalization offered under § 15–906(a) of this subtitle to the extent those days of hospitalization have been used under the original Medicare supplement policy.

(b) (1) If an application for a Medicare supplement policy or certificate is submitted during the 6–month period beginning with the first month in which an individual who is at least 65 years old first enrolls for benefits under Medicare Part B, a carrier:

(i) may not deny or condition the issuance or effectiveness of the Medicare supplement policy or certificate or discriminate in the pricing of the Medicare supplement policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of the applicant; or

(ii) may not deny, reduce, or condition coverage or apply an increased premium rating to an applicant for a Medicare supplement policy because of the health status, claims experience, or medical condition of the applicant or the use of medical care by the applicant.

(2) Notwithstanding paragraph (1)(ii) or (6)(iii)2 of this subsection, a carrier may include in a Medicare supplement policy a provision that complies with subsection (d) of this section.

(3) (i) A carrier shall make available Medicare supplement policy plans A and D to an individual who is under the age of 65 years but is eligible for Medicare due to a disability, if an application for a Medicare supplement policy or certificate is submitted:

1. during the 6–month period following the applicant’s enrollment in Part B of Medicare; or

2. if the applicant is notified by Medicare of the applicant’s retroactive enrollment in Medicare, during the 6–month period following notification of enrollment in Medicare.

(ii) For a Medicare supplement policy plan A or D required to be made available under subparagraph (i) of this paragraph, a carrier:

1. may not deny or condition the issuance or effectiveness of a Medicare supplement policy plan A or D because of the health status, claims experience, receipt of health care, or medical condition of the applicant; or

2. may not deny, reduce, or condition coverage to the applicant for a Medicare supplement policy plan A or D because of the health status, claims experience, or medical condition of the applicant or the use of medical care by the applicant.

(iii) For a Medicare supplement policy plan A required to be made available under subparagraph (i) of this paragraph, a carrier may not charge individuals who are under the age of 65 years, but are eligible for Medicare due to a disability, a rate higher than the average of the premiums paid by all policyholders age 65 and older in the State who are covered under that plan A policy form.

(4) A carrier may elect to offer Medicare supplement policy plans to individuals who are under the age of 65 years, but eligible for Medicare due to a disability, in addition to the Medicare supplement policy plans A and D that are required to be offered under paragraph (3)(i) of this subsection.

(5) Nothing in paragraph (3) of this subsection may be construed to require a carrier to offer a Medicare supplement policy plan to individuals who are under the age of 65 years, but are eligible for Medicare due to a disability, if the plan is not offered to individuals who are eligible for Medicare due to age.

(6) (i) This paragraph applies only on and after July 1, 2023.

(ii) During the 30 days following the birthday of an individual enrolled in a Medicare supplement policy, a carrier shall make available to the individual different Medicare supplement policies with benefits that are equal to or less than the benefits of the individual’s existing coverage.

(iii) 1. For purposes of this paragraph, a Medicare supplement policy has equal or lesser benefits unless:

A. it contains one or more significant benefits not included in the Medicare supplement policy being replaced; or

B. it contains the same significant benefits included in the Medicare supplement policy being replaced but it reduces the cost–sharing responsibilities of the enrollee for the benefits.

2. The Commissioner shall adopt regulations establishing a matrix for identifying which Medicare supplement policies have equal or lesser benefits.

(iv) For a Medicare supplement policy required to be made available under subparagraph (ii) of this paragraph, a carrier may not:

1. deny or condition the issuance or effectiveness of a Medicare supplement policy, or discriminate in the pricing of the policy, because of the health status, claims experience, or medical condition of the individual or the receipt of health care by the individual; or

2. deny, reduce, or condition coverage to the individual for a Medicare supplement policy because of the health status, claims experience, or medical condition of the individual or the use of medical care by the individual.

(v) A carrier that offers Medicare supplement policies shall notify an insured of the insured’s rights under this paragraph at least 30 days, but not more than 60 days, before the insured’s birthday.

(c) Regardless of the applicant’s age, each Medicare supplement policy or applicable certificate that a carrier currently has available shall be made available to each applicant who qualifies under subsection (b) of this section.

(d) (1) Notwithstanding any other provision of law, a Medicare supplement policy or certificate may not exclude or limit benefits for losses incurred more than 6 months after the effective date of coverage because the losses involved a preexisting condition.

(2) A Medicare supplement policy or certificate may not define a preexisting condition more restrictively than a condition for which a physician gave medical advice or recommended or gave treatment within 6 months before the effective date of coverage.

(e) If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the succeeding carrier shall waive the time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicare supplement policy or certificate for similar benefits to the extent the time was spent under the original Medicare supplement policy or certificate.

(f) A carrier may not cancel or nonrenew a Medicare supplement policy or certificate for any reason other than for nonpayment of premium or material misrepresentation.

(g) (1) (i) If the group policyholder terminates a group Medicare supplement policy without replacing the group Medicare supplement policy under paragraph (3) of this subsection, the carrier shall offer each certificate holder an individual Medicare supplement policy.

(ii) The carrier shall offer the certificate holder at least the following:

1. an individual Medicare supplement policy that provides for continuation of the benefits contained in the group policy; or

2. an individual Medicare supplement policy that provides only the benefits that are required under § 15–906(a) of this subtitle.

(2) If membership in a group is terminated, the carrier:

(i) shall offer the certificate holder the conversion options under paragraph (1) of this subsection; or

(ii) at the option of the group policyholder, shall offer the certificate holder a continuation of coverage under the group Medicare supplement policy.

(3) (i) If a group Medicare supplement policy is replaced by another group Medicare supplement policy purchased by the same policyholder, the succeeding carrier shall offer coverage to each individual who was covered under the old group Medicare supplement policy on its date of termination.

(ii) Under the new group Medicare supplement policy, coverage may not be excluded for a preexisting condition that would have been covered under the group Medicare supplement policy being replaced.
Md. Code, Health - General § 15-118.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-118.1
§15–118.
Status: in_force

§15–118.1.

The Secretary may not consider drugs prescribed to treat diabetes, HIV, or AIDS to be specialty drugs for the purpose of providing services under the Program.
Md. Code, Environment § 15-524 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-524
§15–524.
Status: in_force

(a) Nothing in this subtitle shall be construed as affecting in any way the right of any person to enforce or protect his interest in water resources affected by open-pit mining.

(b) Before the release of all bonds on a permit, the operator of an open-pit mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such open-pit mine operations.

(c) (1) If the Department determines that the water supply has been affected by open-pit mining operations, the Department shall notify the operator of its determination and shall establish a reasonable schedule for the operator to replace the water supply.

(2) If the operator fails to comply with the schedule for replacing the affected water supply established in the Department’s notification under paragraph (1) of this subsection, the Department shall order the operator to replace the affected water supply.

(3) On request from the operator, the Department shall use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section.

(d) (1) On request from the owner of the affected water supply, the Department may use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section.

(2) These funds may be used to replace a water supply only after the owner of the affected water supply agrees to reimburse the Fund for moneys expended by the Department as provided in subsection (f) of this section.

(e) (1) If the Department determines that the water supply has been affected by open-pit mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Bituminous Coal Open-Pit Mining Reclamation Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply.

(2) If the Department determines that the supply has been affected by open-pit mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the reserve under § 15-516 of this subtitle to replace the water supply. The use of funds from the reserve may not be construed to extend any permit where bonds have been fully released.

(f) (1) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Bituminous Coal Open-Pit Mining Reclamation Fund to replace the water supply, the operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply.

(2) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Fund to replace the water supply, the property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply.

(3) (i) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s open-pit mining operation, and if the operator has replaced the water supply, the operator may request reimbursement from the Department for the actual direct costs incurred by the operator to replace the water supply.

(ii) The request shall be in writing, signed by the operator, and shall include a statement of the actual direct costs incurred by the operator to replace the water supply, and a statement that the operator is not eligible for reimbursement for all or any part of the costs for which reimbursement is requested from any other source.

(iii) The Department shall reimburse the operator for the operator’s eligible costs to replace the water supply from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle.

(g) (1) The operator shall be liable for any expenditures from the Bituminous Coal Open-Pit Mining Reclamation Fund in excess of funds received from forfeiture on bonds required to replace the water supply under subsection (e) of this section.

(2) The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.
Md. Code, Environment § 15-507 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-507
§15–507.
Status: in_force

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

(2) “Open-acre” means the disturbed area, excluding any area which has not been cleared and grubbed and any area which has been satisfactorily backfilled, regraded, topsoiled, seeded, and mulched (or reclaimed to an alternate post-mining land use) in accordance with an approved reclamation plan, and which will not be redisturbed.

(3) “Open-acre limit” means the number of acres approved to be bonded as open-acres and for which a bond is posted before the issuance of a permit.

(b) (1) After receiving notification from the Department that the permit application has been approved, but before the permit is issued, the operator shall file with the Department a bond for performance payable to the State and conditioned on the operator faithfully performing every requirement of this subtitle, the rules and regulations issued under this subtitle, and permit conditions.

(2) (i) The amount of the bond shall be determined by the Department and may not be less than $500 per acre or a fraction thereof based on the number of acres of land permitted.

(ii) However, the amount of bond for the open-acre limit approved by the Department in the permit application may not be less than an additional $1,500 per acre or fraction thereof.

(3) The liability of the operator under the bond shall be for the duration of the open-pit mining operation and for a period coincidental with the operator’s responsibility under § 15-513 of this subtitle.

(c) All bonds required by this section shall be on a form provided by the Department, shall be payable to the State of Maryland, and shall be executed by the operator and a corporate surety licensed to do business in the State. Instead of a corporate surety, any of the following are acceptable:

(1) A deposit of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be at least equal to the required sum of the bond. On receipt of a deposit of cash or securities, the Department immediately shall place it with the State Treasurer, who shall receive and hold the deposit in trust, in the name of the State for the purposes for which it is made. The State Treasurer is responsible for the custody and safekeeping of the deposit. The operator, making the deposit, may demand and receive from the State Treasurer all or any portion of any deposited securities, if the operator replaces them with other negotiable securities of the class specified as having a market value at least equal to the sum of the bond;

(2) A certificate of deposit in an amount equivalent to the required bond:

(i) Issued by:

1. A financial institution, as defined in § 1–101 of the Financial Institutions Article, that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland; or

2. A federal credit union, as defined in 12 U.S.C. § 1752, that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland; and

(ii) Accompanied by written agreement of the financial institution or federal credit union to pay on demand to the State in the event of forfeiture; or

(3) An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and expressly states that the total sum is guaranteed to be available and payable directly to the State on demand in the event of forfeiture. The irrevocable letter of credit may not expire during the anticipated life of the mining activities and the reclamation period thereafter.

(d) The amount of the bonds required by this section shall be sufficient to assure completion of the reclamation plan by the Department in the event of forfeiture and in no case may the bonds required for any permit be less than $10,000.

(e) The operator shall post an additional bond prior to commencing operations on any additional acreage exceeding that covered by the original permit provided the additional acreage is covered in an application previously submitted and approved in accordance with this subtitle. On receipt of the additional bond the Department shall issue an amended permit for the acreage covered by the additional bond.

(f) An operator may not engage in open-pit mining if he has forfeited any prior bond posted under this section.

(g) When an operator submits the mining and reclamation progress report required under § 15-508(b) of this subtitle, the Department, on advice of the Committee, may adjust the amount of surety required from the operator to assure completion of reclamation and revegetation.

(h) Prior to the release of any bond required by this subtitle, the operator shall publish an advertisement of the release at least once a week for 4 consecutive weeks in a newspaper of general circulation in the jurisdiction affected. The operator shall notify adjoining property owners, local governmental bodies, sewage authorities, and water companies by certified mail. The Department shall afford interested persons an opportunity to submit written comments and to request a hearing on the proposed bond release. Upon receipt of an application for release of bonds, including proof of the advertisement and notifications, the Department shall conduct an evaluation of the reclamation work involved. The Department shall notify the operator in writing of its approval or disapproval. No bond may be fully released until all requirements of this subtitle, rules and regulations adopted pursuant to this subtitle, and permit conditions have been met.
Md. Code, Insurance § 15-1901 — MD Code / Article gin / Title 15 / Subtitle 19 / Section 15-1901
§15–1901.
Status: in_force

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

(b) “Carrier” means:

(1) an insurer;

(2) a nonprofit health service plan; or

(3) a health maintenance organization.

(c) “Clinically integrated organization” means:

(1) a joint venture between a hospital and physicians that:

(i) has received an advisory opinion from the Federal Trade Commission or its staff; and

(ii) has been established to:

1. evaluate and improve the practice patterns of the health care providers; and

2. create a high degree of cooperation, collaboration, and mutual interdependence among the health care providers who participate in the joint venture in order to promote the efficient, medically appropriate delivery of covered medical services; or

(2) a joint venture between a hospital and physicians that:

(i) is accountable for total spending and quality; and

(ii) the Commissioner determines meets the criteria established by the federal Department of Health and Human Services for an accountable care organization.

(d) “Covered medical services” means the health care services that are included as benefits under a health benefit plan issued by a carrier.

(e) “Health benefit plan” has the meaning stated in § 15–1301 of this title.

(f) “Qualifying individual” means an individual covered under a health benefit plan issued by a carrier.
Md. Code, Alcoholic Beverages and Cannabis § 15-1304 — MD Code / Article gab / Title 15 / Subtitle 13 / Section 15-1304
§15–1304.
Status: in_force

(a) There is a 1–day beer, wine, and liquor tasting (BWLT) license.

(b) The Board may issue the license to a holder of a license or an organization that qualifies for a Class C per diem beer, a Class C per diem beer and wine, or a Class C per diem beer, wine, and liquor license.

(c) (1) The license authorizes the holder to allow the consumption of beer, wine, or liquor for tasting if:

(i) the consumer is not charged for the beer, wine, or liquor; and

(ii) the beer, wine, or liquor is consumed on the licensed premises.

(2) The license may not be issued to a person more than 26 times in a calendar year.

(d) The Board need not publish a license application before granting the license.

(e) An individual may consume beer, wine, or liquor covered by the license in a quantity of not more than:

(1) 3 ounces from each offering of beer, and 9 ounces from all offerings in a day;

(2) 1 ounce from each offering of wine, and 4 ounces from all offerings in a day; and

(3) 0.5 ounce from each offering of liquor, and 2.5 ounces from all offerings in a day.

(f) At the end of the day for which the license is valid, the license holder shall dispose of beer, wine, or liquor that remains in a container that was opened for tasting.

(g) The license fee is $50.
Md. Code, Criminal Procedure § 15-413 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-413
§15–413.
Status: in_force

(a) This section applies only in Harford County.

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

(2) The county government shall pay all reasonable expenses for the conduct of the office.

(c) (1) The State’s Attorney may appoint:

(i) not more than two deputy State’s Attorneys; and

(ii) the number of assistant State’s Attorneys authorized by the County Executive and County Council.

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

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

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

(iii) have the same legal powers as the State’s Attorney to represent the State before the grand jury and in criminal proceedings.

(d) (1) The State’s Attorney may appoint a secretary or clerical assistant who shall:

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

(ii) receive a salary that conforms to the exempt classification and pay plan authorized by the County Executive and County Council.

(2) (i) The State’s Attorney may employ clerical, administrative, investigative, and other staff necessary for the proper conduct of the office.

(ii) Subject to the approval of the County Executive and County Council and in conformity with the county pay and classification plans, the State’s Attorney shall set salaries and classifications for employees appointed under this paragraph.

(iii) An employee appointed under this paragraph is entitled to the same benefits as a similarly classified county employee.

(e) Except in connection with performing the duties of the office, the State’s Attorney may not engage in the private practice of law or appear as counsel or represent any party before a court or unit of the State or a political subdivision of the State.
Md. Code, Health - General § 15-102.5 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.5
§15–102.
Status: in_force

§15–102.5.

(a) Subject to § 15-103(f) of this subtitle, a health maintenance organization that requires its panel providers to participate in a managed care organization shall establish a mechanism, subject to review by the Secretary, which provides for equitable distribution of enrollees and which ensures that a provider will not be assigned a disproportionate number of enrollees.

(b) Nothing in this section may be interpreted as prohibiting a provider from voluntarily accepting additional enrollees.
Md. Code, Land Use § 15-107 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

(a) The Montgomery County Council may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.

(b) With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.
Md. Code, Insurance § 15-826 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-826
§15–826.
Status: in_force

(a) This section applies to:

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

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

(b) An entity subject to this section:

(1) shall provide coverage for any contraceptive drug or device that is approved by the United States Food and Drug Administration for use as a contraceptive and that is obtained under a prescription written by an authorized prescriber as defined in § 12-101 of the Health Occupations Article;

(2) shall provide coverage for the insertion or removal, and any medically necessary examination associated with the use, of such contraceptive drug or device; and

(3) may not impose a different copayment or coinsurance for a contraceptive drug or device than is imposed for any other prescription.

(c) (1) A religious organization may request and an entity subject to this section shall grant the request for an exclusion from coverage under the policy, plan, or contract for the coverage required under subsection (b) of this section if the required coverage conflicts with the religious organization’s bona fide religious beliefs and practices.

(2) A religious organization that obtains an exclusion under paragraph (1) of this subsection shall provide its employees reasonable and timely notice of the exclusion.
Md. Code, Estates and Trusts § 15-110 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

(a) In addition to any other means of enforcing a court order, the court that has ordered a fiduciary to give countersecurity pursuant to the Maryland Rules may compel compliance with the court order by attachment and sequestration.

(b) If the fiduciary fails to give countersecurity within the time fixed by the court, and is removed:

(1) The register of wills may bring suit on the bond of the fiduciary to recover taxes and costs; and

(2) If the register does not bring suit on the bond, and a new fiduciary is appointed, the new fiduciary may bring suit on the bond of the removed fiduciary.
Md. Code, Insurance § 15-1210 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1210
§15–1210.
Status: in_force

(a) A carrier that offers coverage to a small employer shall:

(1) offer coverage to all of its eligible employees and all of their eligible dependents; and

(2) at the election of the small employer, offer coverage to all of its part–time employees who have a normal workweek of at least 17 1/2 but less than 30 hours per week.

(b) (1) A health maintenance organization need not offer coverage:

(i) to a small employer that is outside of the health maintenance organization’s approved service areas;

(ii) to an eligible employee who resides outside of the health maintenance organization’s approved service areas; or

(iii) within an area where the health maintenance organization reasonably anticipates, and demonstrates to the satisfaction of the Commissioner, that it will not have the capacity in its network of providers to deliver service adequately because of obligations to existing group contract holders and enrollees.

(2) A health maintenance organization that does not offer coverage under paragraph (1)(iii) of this subsection may not offer coverage in the applicable area to any employer groups until the later of:

(i) 180 days after a refusal to do so; or

(ii) the date on which the health maintenance organization notifies the Commissioner that it has regained capacity to deliver services to small employer groups in that area.

(c) A carrier may not be required to offer coverage under §§ 15–1209 and 15–1213 of this subtitle for as long as the Commissioner finds that the coverage would place the carrier in a financially impaired condition.
Md. Code, Insurance § 15-907 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-907
§15–907.
Status: in_force

(a) In this section, “low-dose mammography” means an x-ray examination of the breast using dedicated equipment, including an x-ray tube, filter, compression device, screens, films, and cassettes, specifically for mammography that delivers an average radiation exposure of less than one rad mid-breast with two views for each breast.

(b) If the federal standard under § 1882(p) of the federal Social Security Act is amended to authorize the inclusion of an annual mammography screening benefit in the core group of basic benefits for Medicare supplement policies, a Medicare supplement policy shall provide for coverage for an annual screening by low-dose mammography for the presence of occult breast cancer.
Md. Code, Insurance § 15-133 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-133
§15–133.
Status: in_force

On or before December 1 of each year, the Commissioner shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the estimated number of insured and self–insured contracts for health benefit plans in the State and the number of insured and self–insured lives under the age of 65 enrolled in benefit plans in the State.
Md. Code, Insurance § 15-1606 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1606
§15–1606.
Status: in_force

A carrier may not enter into an agreement with a pharmacy benefits manager that has not registered with the Commissioner.
Md. Code, Transportation § 15-313 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-313
§15–313.
Status: in_force

(a) A dealer or an agent or employee of a dealer may not use any advertisement that is in any way false, deceptive, or misleading.

(b) A dealer or an agent or employee of a dealer may not by any means advertise or offer to the public any vehicle without intent to sell it as advertised or offered.

(c) (1) A dealer or an agent or employee of a dealer:

(i) May not state the purchase price of a vehicle in an advertisement unless the price is the full delivered purchase price of the vehicle, excluding only taxes, title fees, and any freight or dealer processing charge disclosed in accordance with § 15–311.1 of this subtitle; and

(ii) Shall print the full delivered purchase price in a vehicle advertisement in the largest font used in the advertisement to provide any information related to the price of the vehicle.

(2) The advertisement of a leased vehicle by a dealer is governed under Title 14, Subtitle 20 of the Commercial Law Article.

(d) (1) A dealer or an agent or employee of a dealer may not place on a vehicle an insignia, logo, or other plate that advertises the name of the dealer, unless:

(i) The contract of sale for the vehicle contains a notice of the rights of the buyer described in this subsection; and

(ii) The buyer of the vehicle consents to the placement of the insignia, logo, or other plate on the vehicle.

(2) A dealer or an agent or employee of a dealer may enter into an agreement with a buyer of a vehicle to compensate the buyer in exchange for the buyer’s consent to the placement on the vehicle of an insignia, logo, or other plate that advertises the name of the dealer.

(3) If a dealer or an agent or employee of a dealer places an insignia, logo, or other plate that advertises the name of the dealer without obtaining a buyer’s consent, the dealer shall, at the request of the buyer, remove the advertising and make all repairs necessary to restore the vehicle to its original appearance at no charge to the buyer.

(e) A dealer or an agent or employee of a dealer may not sell a Class A (passenger) or Class M (multipurpose) vehicle that has a maximum speed capability of more than 25 miles per hour but less than 55 miles per hour unless the dealer:

(1) Permanently affixes an emblem to the vehicle in accordance with § 21–805.1 of this article; and

(2) Informs the buyer in writing that the vehicle may be driven lawfully only on highways on which the speed capability of the vehicle exceeds the posted maximum speed limit for the highway by at least 5 miles per hour.

(f) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Insurance § 15-218 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-218
§15–218.
Status: reserved

(a) Subject to subsection (b) of this section, each policy of health insurance shall contain the following provision:

“Change of beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy.”

(b) An insurer may choose to omit from the provision set forth in subsection (a) of this section the clause:

“Unless the insured makes an irrevocable designation of beneficiary”.
Md. Code, Insurance § 15-1309 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1309
§15–1309.
Status: in_force

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

(2) “Plan” means, with respect to a product, the pairing of the health benefits under the product with a particular cost–sharing structure, provider network, and service area.

(3) (i) “Product” means a discrete package of health benefits that are offered using a particular product network type within a geographic service area.

(ii) “Product” comprises all plans offered within the product.

(4) “Uniform modification of coverage” means a change to a health benefit plan that meets the criteria stated in 45 C.F.R. § 147.106(e).

(b) Changes in benefits made to comply with federal or State requirements are not subject to the plus or minus 2 percentage points referenced in 45 C.F.R. § 147.106(e)(3)(v).

(c) The combination of all plans offered with a product constitutes the total service area of the product.

(d) (1) With respect to a plan that has been modified at the time of coverage renewal consistent with this section, the plan shall be considered to be the same plan if:

(i) 1. the plan has the same cost–sharing structure as before the modification; or

2. any variation in cost sharing:

A. is solely related to changes in cost or utilization of medical care; or

B. is to maintain the same metal level described in § 1302(d) and (e) of the Affordable Care Act;

(ii) the plan continues to cover a majority of the same service area; and

(iii) the plan continues to cover a majority of the same provider network.

(2) Notwithstanding paragraph (1) of this subsection, the plan shall be considered to be the same plan to the extent that the modifications are:

(i) made uniformly and solely as a result of a federal or State requirement;

(ii) made within a reasonable time period after the imposition or modification of the federal or State requirement; and

(iii) directly related to the imposition or modification of the federal or State requirement.

(e) Except as provided in subsection (f) of this section, a carrier shall renew an individual health benefit plan at the option of the eligible individual.

(f) A carrier may not cancel or refuse to renew an individual health benefit plan except:

(1) for nonpayment of the required premiums;

(2) where the individual has performed an act or practice that constitutes fraud;

(3) where the individual has made an intentional misrepresentation of material fact under the terms of the coverage;

(4) where the carrier elects not to renew all of its individual health benefit plans in the State in accordance with this article;

(5) where the individual no longer resides, lives, or works in the service area, provided that:

(i) the coverage is terminated under this provision uniformly without regard to any health status–related factor of covered individuals; and

(ii) notice of the termination is provided to the individual at least 90 calendar days before the date coverage will be terminated; or

(6) for individual health benefit plans that are not grandfathered health plans, as defined in 45 C.F.R. § 147.140, where a carrier discontinues offering a particular product in the individual market, if the carrier:

(i) at least 90 days before discontinuation of the product, provides notice of the discontinuation to each individual provided coverage under the product;

(ii) offers each individual provided coverage under the product the option to purchase any other individual health benefit plan coverage offered by the carrier for individuals in the State; and

(iii) acts uniformly without regard to any health status–related factor of enrolled individuals or individuals who may become eligible for the coverage.

(g) A carrier may make a uniform modification of coverage for a product only at the time of renewal of the health benefit plan.

(h) A carrier shall provide notice of renewal or uniform modification of coverage for:

(1) grandfathered health plan coverage, at least 60 days before the date the coverage will be renewed; and

(2) a health benefit plan that is not grandfathered health plan coverage, before the date of the first day of the next annual open enrollment period, in a form and manner specified by the Secretary of Health and Human Services.

(i) A carrier may not cancel or refuse to renew an individual health benefit plan because an eligible individual is entitled to or enrolled in Medicare if the eligible individual is renewing coverage under the same policy or contract of insurance.
Md. Code, Transportation § 15-206.1 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-206.1
§15–206.
Status: in_force

§15–206.1.

(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.

(b) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, or representative, may not fail to act in good faith:

(1) In acting or purporting to act under the terms, provisions, or conditions of any franchise agreement; or

(2) In any transaction or conduct governed by this subtitle.
Md. Code, Insurance § 15-1208.1 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1208.1
§15–1208.
Status: in_force

§15–1208.1.

(a) A carrier shall provide the special enrollment periods described in this section in each small employer health benefit plan.

(b) A carrier shall allow an eligible employee or dependent who is eligible, but not enrolled, for coverage under the terms of the employer’s health benefit plan to enroll for coverage under the terms of the plan if:

(1) the eligible employee or dependent was covered under an employer–sponsored plan or group health benefit plan at the time coverage was previously offered to the employee or dependent;

(2) the eligible employee states in writing, at the time coverage was previously offered, that coverage under an employer–sponsored plan or group health benefit plan was the reason for declining enrollment, but only if the plan sponsor or carrier requires the statement and provides the employee with notice of the requirement;

(3) the eligible employee’s or dependent’s coverage described in item (1) of this subsection:

(i) was under a COBRA continuation provision, and the coverage under that provision was exhausted; or

(ii) was not under a COBRA continuation provision, and either the coverage was terminated as a result of loss of eligibility for the coverage, including loss of eligibility as a result of legal separation, divorce, death, termination of employment, or reduction in the number of hours of employment, or employer contributions towards the coverage were terminated; and

(4) under the terms of the plan, the eligible employee requests enrollment not later than 30 days after:

(i) the date of exhaustion of coverage described in item (3)(i) of this subsection; or

(ii) termination of coverage or termination of employer contributions described in item (3)(ii) of this subsection.

(c) All small employer health benefit plans shall provide a special enrollment period during which the following individuals may be enrolled under the health benefit plan:

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

(2) an eligible employee who acquires a new dependent through marriage, birth, adoption, placement for adoption, placement for foster care, or through a child support order or other court order;

(3) the spouse of an eligible employee at the birth or adoption of a child, placement of a child for foster care, or through a child support order or other court order, provided the spouse is otherwise eligible for coverage;

(4) at the option of the SHOP Exchange, an enrollee who is the eligible employee or the spouse of the eligible employee, if:

(i) the enrollee loses a dependent or is no longer considered to be a dependent due to divorce or legal separation; or

(ii) the employee or the employee’s dependent dies; and

(5) (i) an eligible employee who becomes pregnant, as confirmed by a health care practitioner; and

(ii) an eligible employee’s spouse or dependent who becomes pregnant, as confirmed by a health care practitioner, provided the spouse or dependent 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) (1) The special enrollment period under subsection (c)(1) through (4) of this section shall be a period of not less than 31 days and shall begin on the later of:

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

(ii) the date of the marriage, birth, adoption, placement for adoption, placement for foster care, child support order or other court order, divorce, legal separation, or death, whichever is applicable.

(2) The special enrollment period under subsection (c)(5) of this section shall:

(i) be open for a period of 90 days; and

(ii) begin on the date a health care practitioner confirms the pregnancy.

(f) (1) If an eligible employee enrolls any of the individuals described in subsection (c)(1) through (4) of this section during the first 31 days of the special enrollment period, the coverage shall become effective as follows:

(i) 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;

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

(iii) in the case of a dependent’s adoption or placement for adoption, the date of adoption or placement for adoption, whichever occurs first;

(iv) in the case of a dependent’s placement for foster care, the date of placement; and

(v) in the case of a dependent added due to a child support order or any other court order:

1. the date the child support order or other court order is effective; or

2. for SHOP Exchange plans, if the SHOP Exchange permits the eligible employee to select an effective date based on the date the plan selection is received by the SHOP Exchange:

A. the first day of the month following receipt of the plan selection, if the plan selection is received between the first and fifteenth day, inclusive, of the month; and

B. the first day of the second month following receipt of the plan selection, if the plan selection is received between the sixteenth and the last day, inclusive, of the month.

(2) If an eligible employee enrolls an individual described in subsection (c)(5) of this section in a health benefit plan, the coverage shall become effective on the first day of the month in which the individual receives confirmation of pregnancy.

(g) If the SHOP Exchange permits the special enrollment periods described in subsection (c)(4) of this section, the coverage shall become effective as follows:

(1) for special enrollment periods in the SHOP Exchange due to death of the employee or dependent:

(i) the first day of the month following plan selection; or

(ii) if the SHOP Exchange permits the eligible employee to select an effective date based on the date the plan selection is received by the SHOP Exchange:

1. the first day of the month following receipt of the plan selection, if the plan selection is received between the first and fifteenth day, inclusive, of the month; and

2. the first day of the second month following receipt of the plan selection, if the plan selection is received between the sixteenth and the last day, inclusive, of the month; and

(2) for special enrollment periods in the SHOP Exchange due to divorce or legal separation, if the plan selection is received by the SHOP Exchange:

(i) between the first and fifteenth day, inclusive, of the month, the first day of the month following receipt of the plan selection; and

(ii) between the sixteenth and the last day, inclusive, of the month, the first day of the second month following receipt of the plan selection.
Md. Code, Transportation § 15-101 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Administration funds” means any payment or other money which is:

(1) Paid to a person licensed under Subtitle 2, 3, 4, or 6 of this title; and

(2) Owed to the Administration for payment of taxes or fees.

(c) (1) “Dealer” means, except as provided in paragraph (3) of this subsection, a dealer in vehicles of a type required to be registered under Title 13 of this article.

(2) (i) “Dealer” includes:

1. A person who is in the business of buying, selling, or exchanging vehicles, including a person who during any 12–month period offers to sell three or more of these vehicles, the ownership of which was acquired for resale purposes; and

2. For the purposes of §§ 15–301 through 15–315, inclusive, of this title, any person who sells vehicles, whether or not that person acquired the vehicles for personal or business use, if the vehicles are displayed at a fixed location used principally for the purpose of selling vehicles on a regular basis.

(ii) 1. For the purposes of subparagraph (i)1 of this paragraph, a person who offers to sell three or more vehicles during any 12–month period is presumed to have acquired the vehicles for resale purposes.

2. The vehicle owner has the burden of rebutting the presumption established under subsubparagraph 1 of this subparagraph by a preponderance of the evidence.

(3) “Dealer” does not include:

(i) A public official who sells or disposes of vehicles in the performance of his official duties;

(ii) An insurance company, finance company, bank, or other lending institution licensed or otherwise authorized to do business in this State that, to save it from loss, sells or disposes of vehicles under a contractual right and in the regular course of its business;

(iii) A licensed auctioneer acting on behalf of a seller, secured party or owner and where title does not pass to the auctioneer and the auction is not for the purpose of avoiding the provisions of this title;

(iv) A receiver, trustee, personal representative, or other person appointed by or acting under the authority of any court;

(v) Either a manufacturer or distributor who sells or distributes vehicles to licensed dealers or a person employed by a manufacturer or distributor to promote the sale of the vehicles of the manufacturer or distributor, if that manufacturer, distributor, or person does not sell vehicles to retail buyers;

(vi) A person who sells or disposes of vehicles acquired and used for personal or business use and not for the purpose of avoiding the provisions of this title, if that person is not engaged in buying, selling, or exchanging vehicles as a business;

(vii) An automotive dismantler and recycler who during the normal course of business acquires a salvage vehicle and transfers the vehicle on a salvage certificate. However, if the automotive dismantler and recycler rebuilds and sells more than 5 vehicles during a 12–month period to a person other than another automotive dismantler and recycler or licensed dealer, the automotive dismantler and recycler must be licensed as a dealer under § 15–302 of this title;

(viii) A person engaged in the leasing of motor vehicles under leases not intended as security;

(ix) A religious, charitable, or volunteer organization exempt from taxation under § 501(c) of the Internal Revenue Code, the Department of Human Services, or a local department of social services transferring a vehicle under § 13–810 of this article; or

(x) An autonomous vehicle converter as defined in § 15–901 of this title.

(d) “New Class A vehicle” and “new Class B vehicle” means a new vehicle that, if later sold and registered in this State, could be registered either as a Class A (passenger) vehicle or a Class B (for hire) vehicle, as the case may be.

(e) “Truck component part” means a truck’s engine, power train, or rear axle that is not warranted by the final manufacturer of the truck.

(f) “Two–stage vehicle” means a two–stage vehicle, as defined in § 13–113.2 of this article, that is of a type required to be registered under Title 13 of this article.

(g) (1) “Vehicle salesman” means, except as provided in paragraph (2) of this subsection, any individual who:

(i) For a commission or other compensation, under any form of agreement or arrangement with a dealer, buys, sells, or exchanges or negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle of a type required to be registered under Title 13 of this article;

(ii) Induces or attempts to induce any other person to buy or exchange an interest in a vehicle of a type required to be registered under Title 13 of this article and receives or expects to receive a commission or other compensation from either the seller or the buyer of the vehicle; or

(iii) For a commission or other compensation, negotiates with or induces any other person to enter into a financial security or warranty agreement on behalf of a dealer in connection with the sale of a vehicle.

(2) “Vehicle salesman” does not include:

(i) A person described in subsection (c)(3) of this section;

(ii) An individual acting as a representative of a person described in subsection (c)(3) of this section;

(iii) A person who:

1. Is compensated for arranging for the leasing of a vehicle for a period exceeding 180 days; and

2. As an incidental step in the consummation of the lease, induces or arranges for the sale of a vehicle from a licensed dealer to another person, who in turn leases the vehicle to a lessee under a lease not intended as a security; or

(iv) A person engaged in the leasing of vehicles under leases not intended as security.
Md. Code, Insurance § 15-1613 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1613
§15–1613.
Status: in_force

A pharmacy and therapeutics committee established by a pharmacy benefits manager performing pharmacy benefits management services on behalf of a carrier shall meet the requirements of this part.
Md. Code, Criminal Procedure § 15-202 — MD Code / Article gcp / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) The Council consists of:

(1) the Attorney General;

(2) the State’s Attorney for Anne Arundel County;

(3) the State’s Attorney for Baltimore City;

(4) the State’s Attorney for Baltimore County;

(5) the State’s Attorney for Montgomery County;

(6) the State’s Attorney for Prince George’s County;

(7) the State’s Attorney for Allegany County, Frederick County, Garrett County, or Washington County who is chosen by a majority vote of the State’s Attorneys for those counties;

(8) the State’s Attorney for Calvert County, Charles County, or St. Mary’s County who is chosen by a majority vote of the State’s Attorneys for those counties;

(9) the State’s Attorney for Caroline County, Cecil County, Kent County, Queen Anne’s County, or Talbot County who is chosen by a majority vote of the State’s Attorneys for those counties;

(10) the State’s Attorney for Carroll County, Harford County, or Howard County who is chosen by a majority vote of the State’s Attorneys for those counties; and

(11) the State’s Attorney for Dorchester County, Somerset County, Wicomico County, or Worcester County who is chosen by a majority vote of the State’s Attorneys for those counties.

(b) (1) This subsection only applies to members chosen in accordance with subsection (a)(7) through (11) of this section.

(2) The term of a member of the Council is 2 years.

(3) A member continues to serve until a successor is chosen and qualifies.

(4) A member may serve only during the time the member holds the office that qualifies the member for membership.

(5) A member is eligible to serve more than one term.

(6) A vacancy on the Council shall be filled in the same manner used to choose the original membership in subsection (a) of this section.

(c) Membership on the Council does not constitute holding an office of profit.
Md. Code, Health - General § 15-701 — MD Code / Article ghg / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: reserved

(a) In this subtitle, “Fund” means the Health Care Coverage Fund.

(b) There is a Health Care Coverage Fund.

(c) The purpose of the Fund is to:

(1) Support health care coverage for individuals and families with low or moderate income; and

(2) Subject to subsection (i) of this section, support the provision of health care services in Prince George’s County.

(d) The Department and the Maryland Health Care Commission shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Money collected from any assessment by the State Health Services Cost Review Commission on hospitals under § 19–214(d) of this article;

(2) Any money made available from investment earnings; and

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

(g) (1) The Fund shall be invested and reinvested in the same manner as other State funds.

(2) Any investment earnings shall be credited to the Fund.

(h) The Fund may be used only for expenses associated with:

(1) Expanding Medicaid eligibility for parents and caretaker relatives:

(i) Who have a dependent child living with them; and

(ii) Whose annual household income is at or below 116% of the federal poverty guidelines;

(2) Expanding Medicaid eligibility and benefits for individuals:

(i) Who do not meet requirements, such as age, disability, or parent or caretaker relative of a dependent child, for a federal category of eligibility for Medicaid;

(ii) Whose annual household income is at or below 116% of the federal poverty guidelines; and

(iii) Who are not enrolled in the federal Medicare program, as enacted by Title XVIII of the Social Security Act; and

(3) Supporting the provision of health care services in Prince George’s County in accordance with subsection (i) of this section.

(i) (1) Subject to paragraph (2) of this subsection, in fiscal year 2010, $12,000,000, and in fiscal years 2011 through 2013, up to $10,000,000 may be transferred annually from the Fund to the Department for the purpose of providing a special fund operating grant to an independent entity with authority over the facilities currently operated and health care services currently provided by Dimensions Healthcare System until the facilities and obligation to provide the services are transferred to a new owner or operator.

(2) The Department may not provide a special fund operating grant until a long–term, comprehensive solution to the control and operation of the facilities and provision of health care services currently operated and provided by Dimensions Healthcare System is reached through:

(i) An Act of the General Assembly; or

(ii) A memorandum of understanding between the State and Prince George’s County.

(3) The long–term, comprehensive solution under paragraph (2) of this subsection shall address issues related to health care needs in Prince George’s County and the surrounding region, including:

(i) The transfer to a new owner or operator of the facilities currently operated and the obligation to provide the health care services currently provided by Dimensions Healthcare System;

(ii) A plan for the assets currently held by Prince George’s County related to the facilities currently operated by Dimensions Healthcare System;

(iii) A mechanism to provide a steady revenue stream to help support ongoing operations of the facilities currently operated by Dimensions Healthcare System and to retire the long–term bond indebtedness and satisfy the unfunded pension liability of Dimensions Healthcare System; and

(iv) A mechanism to assure equitable and sustainable funding from Prince George’s County and the State.

(4) Money collected from an assessment by the State Health Services Cost Review Commission on hospitals may not be used for the purpose of this subsection.

(j) Expenditures from the Fund may be made only in accordance with the State budget.

(k) Money from the Fund shall supplement and may not supplant funding for the Maryland Medical Assistance Program.

(l) The Fund is subject to audit by the Office of Legislative Audits.
Md. Code, Estates and Trusts § 15-610 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-610
§15–610.
Status: in_force

Unless otherwise ordered by a court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account the digital assets of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Md. Code, Insurance § 15-208 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) Except as provided in subsection (c) of this section, each policy of health insurance shall contain the following provision:

“Time limit on certain defenses: (1) After two years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two-year period.”

(2) “No claim for loss incurred or disability (as defined in the policy) commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.”

(b) The first provision set forth in subsection (a) of this section does not:

(1) affect a legal requirement for avoidance of a policy or denial of a claim during the initial two-year period after the issuance of the policy; or

(2) limit the application of §§ 15-219 through 15-223 of this subtitle if there is a misstatement with respect to age, occupation, or other insurance.

(c) (1) This subsection applies only to a policy that the insured may continue in effect subject to its terms by the timely payment of premiums:

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

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

(2) A policy subject to this subsection may omit the first provision set forth in subsection (a) of this section and substitute the following provision under the caption “incontestable”:

“After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.”

(3) In the provision set forth in paragraph (2) of this subsection, an insurer may omit the clause “excluding any period during which the insured is disabled”.
Md. Code, Transportation § 15-110 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-110
§15–110.
Status: in_force

(a) If the Administration refuses an application for a license or for the renewal of a license under this title, the applicant may request a hearing under Title 12, Subtitle 2 of this article.

(b) Except as provided in subsection (c) of this section, the Administration may suspend or revoke a license issued under this title only after a hearing under Title 12, Subtitle 2 of this article.

(c) (1) If the Administration determines that a person licensed under this title is violating the used vehicle safety inspection requirements under § 23–106 of this article and that there is a danger of immediate, substantial, and continuing harm to the public if the license is continued pending a hearing, the Administration:

(i) May immediately suspend the license;

(ii) Shall, within 7 days of a request for a hearing on the license suspension, grant the hearing in accordance with Title 12, Subtitle 2 of this article; and

(iii) After the hearing, render an immediate decision to:

1. Continue the license suspension;

2. Revoke the license; or

3. Reinstate the license.

(2) To the extent of a conflict between this subsection and Title 12, Subtitle 2 of this article, this subsection shall take precedence.
Md. Code, Health - General § 15-109 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) An individual is not ineligible under the Program solely because Social Security benefits received by the individual are increased, unless:

(1) The individual is considered ineligible because of the increase under applicable rules or regulations of the United States Department of Health and Human Services; and

(2) As to that individual, federal matching funds for the State Program are not available.

(b) Except as provided in § 15–103(a)(2)(ii) of this subtitle, to determine eligibility under the Program, the Department annually shall set the allowable yearly income levels in amounts at least equal to the following:

(1) Family of 1 – $2,500.

(2) Family of 2 – $3,000.

(3) Family of 3 – $3,500.

(4) Family of 4 – $4,000.

(5) Family of 5 or more – $4,500 plus an increase of $500 for each family member in excess of 5.

(c) This section is effective only to the extent that its provisions do not conflict with federal requirements for the administration of the Program in this State.

(d) As a condition of eligibility for medical assistance, a recipient is deemed to have assigned to the Secretary of Health or the Secretary’s designee any rights to payment for medical care services from any third party who has the legal liability to make payments for those services, to the extent of any payments made by the Department on behalf of the recipient.

(e) (1) Each resident of a nursing home who is a recipient of medical assistance shall receive a personal needs allowance.

(2) After a determination of income eligibility is made for a nursing home resident under the Program, the personal needs allowance shall be deducted from the total income of the resident.

(3) The personal needs allowance for each resident of a nursing home who is a recipient of medical assistance shall be:

(i) If on or before June 30, 2002, the federal Centers for Medicare and Medicaid Services approve the Department’s application for an amendment to the State’s existing § 1115 demonstration waiver necessary to implement the Maryland Pharmacy Discount Program established under § 15–124.1 of this subtitle:

1. Beginning April 1, 2003, $50 per month;

2. Beginning July 1, 2004, $60 per month; and

3. Beginning July 1, 2005, adjusted annually by an amount not exceeding 5% to reflect the percentage by which benefits under Title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased by the federal government to reflect changes in the cost of living, as that percentage change is reported in the Federal Register in accordance with 42 U.S.C. 415(a)(1)(D); or

(ii) If on or before June 30, 2002, the federal Centers for Medicare and Medicaid Services do not approve the Department’s application for an amendment to the State’s existing § 1115 demonstration waiver necessary to implement the Maryland Pharmacy Discount Program established under § 15–124.1 of this subtitle:

1. Beginning July 1, 2003, $50 per month;

2. Beginning July 1, 2004, $60 per month; and

3. Beginning July 1, 2005, adjusted annually by an amount not exceeding 5% to reflect the percentage by which benefits under Title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased by the federal government to reflect changes in the cost of living, as that percentage change is reported in the Federal Register in accordance with 42 U.S.C. 415(a)(1)(D).

(4) The Secretary shall adopt regulations to implement this subsection.

(f) Subject to the confidentiality requirements of State and federal law, the courts of this State shall admit a certified copy of a 206N form, also known as a long–term care transaction form, into evidence.
Md. Code, Transportation § 15-108 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) Each license issued under this title expires on a staggered basis as determined by the Administration.

(b) A license issued under this title may be renewed on application and payment of the fee required by this title for that license.
Md. Code, Insurance § 15-1A-10 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-10
§15–1A–10.
Status: in_force

(a) Subject to subsection (e) of this section and except as provided in subsections (b), (c), and (d) of this section, a carrier shall provide coverage for and may not impose any cost–sharing requirements, including copayments, coinsurance, or deductibles for:

(1) evidence–based items or services that have in effect a rating of A or B in the recommendations of the United States Preventive Services Task Force with respect to the individual involved;

(2) immunizations for routine use in children, adolescents, and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved, if the recommendation:

(i) has been adopted by the Director of the Centers for Disease Control and Prevention; and

(ii) is listed on the Immunization Schedules of the Centers for Disease Control and Prevention for routine use;

(3) with respect to infants, children, and adolescents, evidence–informed preventive care and screenings provided for in comprehensive guidelines supported by the Health Resources and Services Administration; and

(4) with respect to women:

(i) to the extent not provided in item (ii) of this item, preventive care and screenings as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of § 2713(a)(4) of the federal Public Health Service Act; and

(ii) subject to § 15–826(c) of this title, contraceptive coverage as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of § 2713(a)(4) of the federal Public Health Service Act.

(b) To the extent that cost–sharing is otherwise allowed under federal or State law, a health benefit plan that uses a network of providers may impose cost–sharing requirements on the coverage described in subsection (a) of this section for items or services delivered by an out–of–network provider.

(c) (1) In this subsection, “high deductible health plan” has the meaning stated in 26 U.S.C. § 223(c)(2).

(2) If an insured or enrollee is covered under a high deductible health plan, a carrier may apply the deductible requirement of the high deductible health plan to the coverage required under subsection (a) of this section, unless the Commissioner determines that the coverage is included in the safe harbor provisions for preventive care under 26 U.S.C. § 223(c)(2)(c).

(d) This section may not be construed to prohibit a carrier from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by the Task Force.

(e) Subject to § 15–826(c) of this title:

(1) the Commissioner shall enforce this section consistent with the recommendations and guidelines in effect on December 31, 2024, set by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, or the Health Resources and Services Administration, and related federal rules or guidance; and

(2) the Commissioner may adopt regulations:

(i) necessary to carry out this section, consistent with federal statutes, rules, and guidance in effect:

1. on December 31, 2024; or

2. at a later date that enhance the scope of preventive services to the benefit of consumers in the State; or

(ii) to require carriers to provide coverage without imposing cost–sharing requirements, including copayments, coinsurance, or deductibles, for any future preventive services recommendations and guidelines issued after December 31, 2024, by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, or the Health Resources and Services Administration, and related federal rules or guidance.
Md. Code, Land Use § 15-403 — MD Code / Article glu / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

The Audit Committee shall select and appoint:

(1) the independent certified public accountant required to audit the Commission’s annual financial report under § 15–115(a)(2) of this title; and

(2) the Inspector General as provided in Subtitle 5 of this title.
Md. Code, Business Occupations and Professions § 15-401 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: in_force

(a) (1) Subject to the provisions of this section, a professional land surveyor may practice land surveying for others through:

(i) a corporation as an officer, employee, or agent of the corporation;

(ii) a partnership as a partner, employee, or agent of the partnership; or

(iii) a limited liability company as a member, employee, or agent of the limited liability company.

(2) Subject to the provisions of this section, a licensed property line surveyor may practice property line surveying through:

(i) a corporation as an officer, employee, or agent of the corporation;

(ii) a partnership as a partner, employee, or agent of the partnership; or

(iii) a limited liability company as a member, employee, or agent of the limited liability company.

(3) Subject to the provisions of this subtitle, a corporation, partnership, or limited liability company may provide land surveying services through a professional land surveyor or property line surveying services through a licensed property line surveyor.

(b) (1) A professional land surveyor who practices land surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing land surveying.

(2) A licensed property line surveyor who practices property line surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing property line surveying.

(c) (1) A corporation, partnership, or limited liability company that provides land surveying services or property line surveying services under this section is not, by its compliance with this section, relieved of any responsibility that the corporation, partnership, or limited liability company may have for an act or omission of its officer, partner, member, employee, or agent.

(2) An individual who practices land surveying or property line surveying through a corporation, partnership, or limited liability company, is not, by reason of the individual’s employment or other relationship with the corporation, partnership, or limited liability company, relieved of any individual responsibility that the individual may have regarding that practice.
Md. Code, Insurance § 15-1A-19 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-19
§15–1A–19.
Status: in_force

(a) (1) In this section, “cost–sharing” means any expenditure required by or on behalf of an insured individual with respect to essential health benefits.

(2) “Cost–sharing” includes:

(i) deductibles, coinsurance, copayments, or similar charges; and

(ii) any other expenditure required of an insured individual that is a qualified medical expense, as defined in 26 U.S.C. § 223(d)(2), with respect to essential health benefits covered under the plan.

(3) “Cost–sharing” does not include premiums, balance billing amounts for nonnetwork providers, or spending for noncovered services.

(b) (1) Except as provided in paragraph (2) of this subsection, each carrier shall comply with annual limitations on cost–sharing for essential health benefits covered under health benefit plans as established by 45 C.F.R. § 156.130.

(2) If the Commissioner adopts regulations as described in subsection (c) of this section, each carrier shall comply with the adopted regulations.

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

(1) establish annual limitations on cost–sharing; and

(2) are consistent with 45 C.F.R. § 156.130 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.
Md. Code, Business Regulation § 15-107 — MD Code / Article gbr / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

A hotel is not liable for the loss of property of a guest or other person as a result of a fire that is proved to have occurred without the negligence of the hotel or its agents or employees.
Md. Code, Criminal Procedure § 15-422 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-422
§15–422.
Status: in_force

(a) This section applies only in Washington County.

(b) The State’s Attorney’s salary is 90% of the salary of a judge of the District Court of Maryland.

(c) (1) The State’s Attorney shall appoint:

(i) at least one but not more than two deputy State’s Attorneys; and

(ii) as many assistant State’s Attorneys that are approved by the county commissioners and provided for in the county budget.

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

(3) The deputy and assistant State’s Attorneys shall serve at the pleasure of the State’s Attorney.

(4) Under the direction of the State’s Attorney or in the State’s Attorney’s absence, the deputy and assistant State’s Attorneys shall have the same legal powers as the State’s Attorney to:

(i) perform acts and duties in relation to all criminal proceedings; and

(ii) represent the State in all proceedings in relation to the grand jury, circuit court, District Court of Maryland, and units of the State or a political subdivision of the State.

(d) The State’s Attorney may not engage in the private practice of law.
Md. Code, Environment § 15-616 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-616
§15–616.
Status: in_force

(a) Within 30 days after an operation is abandoned or completed, the operator shall file with the Department a completion report on a form prescribed and furnished by the Secretary.

(b) The operator shall attach to the completion report:

(1) A map of the operation certified by a surveyor or engineer that shows the boundary lines of the tract and the access to the operation from the nearest public highway;

(2) The area of land affected by the deep mining operation; and

(3) Details of the completed reclamation work.
Md. Code, Education § 15-121 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-121
§15–121.
Status: in_force

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

(2) “Cost of attendance” has the meaning stated in 20 U.S.C.A. § 1087ll.

(3) “Expected family contribution” means the amount determined in accordance with 20 U.S.C.A. § 1087nn.

(4) “Financial need” means cost of attendance minus expected family contribution.

(5) “Gift aid” means all financial aid that is not a loan or work–study program, including grants, scholarships, tuition waivers, and third–party payments.

(6) “Institutional gift aid” means gift aid that is funded by a public senior higher education institution.

(7) (i) “Private scholarships” means scholarships awarded by companies, private foundations, nonprofit organizations, and service groups.

(ii) “Private scholarships” does not include awards funded by a private organization that:

1. Is affiliated with a higher education institution; and

2. Requests the higher education institution’s assistance in selecting recipients.

(b) A public senior higher education institution may reduce institutional gift aid offers as a result of private scholarship awards only under the circumstances described in subsections (c) through (e) of this section.

(c) If a student’s total gift aid from all sources exceeds the student’s financial need, a public senior higher education institution may reduce the student’s institutional gift aid until the student’s total gift aid no longer exceeds the student’s financial need.

(d) In addition to the reduction authorized in subsection (c) of this section, a public senior higher education institution may further reduce a student’s institutional gift aid if the institution receives approval from the organization that awarded the private scholarship funds that triggered the reduction authorized in subsection (c) of this section.

(e) A public senior higher education institution may reduce a student athlete’s institutional gift aid in order to comply with the National Collegiate Athletic Association’s individual or team financial aid restrictions.
Md. Code, Alcoholic Beverages and Cannabis § 15-1401 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1401
§15–1401.
Status: in_force

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

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

(2) § 4–106 (“Payment of notice expenses”);

(3) § 4–108 (“Application form required by Comptroller”);

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

(5) § 4–112 (“Disposition of license fees”);

(6) § 4–113 (“Refund of license fees”); and

(7) § 4–114 (“Fees for licenses issued for less than 1 year”).

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

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

(1) § 4–107 (“Criminal history records check”), in addition to §§ 15–1402 through 15–1405 of this subtitle;

(2) § 4–109 (“Required information on application — In general”), in addition to § 15–1406 of this subtitle and subject to § 15–1407 of this subtitle;

(3) § 4–103 (“Application on behalf of partnership”), subject to § 15–1407 of this subtitle;

(4) § 4–104 (“Application on behalf of corporation or club”), subject to § 15–1407 of this subtitle; and

(5) § 4–105 (“Application on behalf of limited liability company”), subject to § 15–1407 of this subtitle.
Md. Code, Insurance § 15-213 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-213
§15–213.
Status: in_force

Except as provided in § 12–102(c) of this article, each policy of health insurance shall contain the following provision:

“Proofs of loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety (90) days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety (90) days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one (1) year from the time proof is otherwise required.”
Md. Code, Alcoholic Beverages and Cannabis § 15-1901 — MD Code / Article gab / Title 15 / Subtitle 19 / Section 15-1901
§15–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–504 (“Employment of underage individuals”);

(4) § 4–506 (“Evidence of purchaser’s age”);

(5) § 4–507 (“Retail delivery of alcoholic beverages”); and

(6) § 4–508 (“Display of license”).

(b) Section 4–505 (“Alcohol awareness program”) of Division I of this article applies in the county, subject to § 15–1902 of this subtitle.
Md. Code, Insurance § 15-911 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-911
§15–911.
Status: in_force

(a) In this section, “loss ratio” means the ratio of losses incurred to premiums earned on policies that are issued, delivered, or renewed in the State.

(b) Medicare supplement policies shall return aggregate benefits that are reasonable in relation to the premium charged.

(c) (1) For purposes of administering this subtitle and §§ 12-203 through 12-205 of this article, the Commissioner shall adopt reasonable regulations to establish minimum standards for loss ratios of Medicare supplement policies.

(2) The minimum standards for loss ratios shall be based on incurred claims experience and earned premiums in accordance with accepted actuarial principles and practices and the principles and standards of the National Association of Insurance Commissioners.

(d) The minimum acceptable loss ratios for Medicare supplement policies are:

(1) for group Medicare supplement policies, at least 75% of the aggregate amount of premiums earned; and

(2) for individual Medicare supplement policies or subscriber contracts that are issued or renewed on a policy anniversary after July 1, 1991, at least 65% of the aggregate amount of premiums earned.

(e) (1) To demonstrate compliance with the applicable minimum loss ratio standards established in the State for Medicare supplement policies, each carrier that provides Medicare supplement policies or certificates in the State shall file annually with the Commissioner the carrier’s rates, rating schedule, and supporting documentation.

(2) Each filing of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this subtitle.

(f) The Commissioner may require a carrier to adjust rates or give credits or refunds to policyholders of Medicare supplement policies that in practice do not meet the minimum loss ratio standards required under this section.
Md. Code, Health - General § 15-103.6 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.6
§15–103.
Status: in_force

§15–103.6.

(a) (1) Subject to paragraph (2) of this subsection, on or before June 30, 2017, the Department shall adopt regulations necessary to ensure that the Program is in compliance with the federal Mental Health Parity and Addiction Equity Act and the federal Patient Protection and Affordable Care Act.

(2) Except as provided in § 15–103.8 of this subtitle, the Department is not required to adopt regulations under paragraph (1) of this subsection for any change that may be made through a process other than the regulatory process.

(b) The regulations adopted under subsection (a) of this section shall include standards regarding treatment limitations for specialty mental health and substance use disorder services that comply with the federal Mental Health Parity and Addiction Equity Act and the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, and relate to:

(1) The scope of benefits for:

(i) Telehealth services; and

(ii) Residential treatment programs that are not institutions for mental disease;

(2) Service notification and authorization requirements;

(3) Licensed specialty mental health or substance use disorder program billing for:

(i) Services provided by physicians, advanced practice nurses, and physician assistants;

(ii) Services provided by a licensed specialty mental health or substance use disorder program at a location that is not the primary location at which the program is licensed; and

(iii) Separate levels of service provided within a single day or week; and

(4) Reimbursement rates.

(c) The treatment limitations for specialty mental health and substance use disorder services comply with the federal Mental Health Parity and Addiction Equity Act and the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, if the operable processes, strategies, evidentiary standards, or other factors used in applying a treatment limitation to specialty mental health or substance use disorder services, as written and applied, are comparable to and no more restrictive than, and are applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the treatment limitation to medical and surgical services.
Md. Code, Business Occupations and Professions § 15-601 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice land surveying or property line surveying in the State unless licensed by the Board.
Md. Code, Insurance § 15-221 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-221
§15–221.
Status: in_force

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

“Other insurance in this insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for ........ (insert type of coverage or coverages) in excess of $ ........ (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate.”

(b) A policy of health insurance may substitute the following provision for the provision set forth in subsection (a) of this section:

“Insurance effective at any one time on the insured under a like policy or policies in this insurer is limited to the one such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies.”
Md. Code, Environment § 15-405 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

(a) If a mine disaster occurs, the proper State and federal inspection authorities shall be notified promptly. All facilities of the mine shall be made available for recovery operations.

(b) After a disaster, when the mine has been placed in condition to operate, an inspection of the entire mine shall be made by State and federal coal mine inspectors. If the inspection discloses any dangerous condition, the mine may not resume operation until the condition is corrected.
Md. Code, Insurance § 15-1502 — MD Code / Article gin / Title 15 / Subtitle 15 / Section 15-1502
§15–1502.
Status: in_force

(a) (1) The Commission shall conduct an evaluation of existing mandated health insurance services and make recommendations to the General Assembly regarding decision making criteria for reducing the number of mandates or the extent of coverage.

(2) The evaluation shall include:

(i) an assessment of the full cost of each existing mandated health insurance service as a percentage of the State’s average annual wage and of premiums:

1. under a typical group and individual health benefit plan in the State;

2. under the State employee health benefit plan; and

3. under the Comprehensive Standard Health Benefit Plan;

(ii) an assessment of the degree to which existing mandated health insurance services are covered in self–funded plans; and

(iii) a comparison of mandated health insurance services provided by the State with those provided in Delaware, the District of Columbia, Pennsylvania, and Virginia.

(3) The comparison described in paragraph (2)(iii) of this subsection shall include:

(i) the number of mandated health insurance services;

(ii) the type of mandated health insurance services;

(iii) the level and extent of coverage for each mandated health insurance service; and

(iv) the financial impact of differences in levels of coverage for each mandated health insurance service.

(4) On or before January 1, 2004, and every 4 years thereafter, the Commission shall submit a report of its findings to the General Assembly, subject to § 2–1257 of the State Government Article.

(b) The General Assembly may consider the information provided under subsection (a) of this section in determining:

(1) whether to enact proposed mandated health insurance services; and

(2) whether to repeal existing mandated health insurance services.
Md. Code, Health - General § 15-101 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(a–1) “Dental managed care organization” means a pre–paid dental plan that receives fees to manage dental services.

(a–2) “Dental services” means diagnostic, emergency, preventive, and therapeutic services for oral diseases.

(b) “Enrollee” means a program recipient who is enrolled in a managed care organization.

(b–1) “Expedited eligibility” means a streamlined eligibility process, conducted by the local health departments, for medical assistance for children and pregnant women under which an eligibility determination is made promptly, but not later than 10 working days after the date of application.

(c) “Facility” means a hospital or nursing facility including an intermediate care facility, skilled nursing facility, comprehensive care facility, or extended care facility.

(d) “Former foster care adolescent” means an individual:

(1) Who is under 26 years of age; and

(2) Who, on the individual’s 18th birthday, was in foster care under the responsibility of the State, any other state, or the District of Columbia.

(d–1) (1) “Historic provider” means a health care provider, as defined in § 19–132 of this article, or a residential service agency licensed under Title 19, Subtitle 4A of this article, that, on or before June 30, 1995, had a demonstrated history of providing services to program recipients, as defined by the Department in regulations.

(2) “Historic provider”, to the extent the provider meets the requirements in paragraph (1) of this subsection, shall include:

(i) A federal or State qualified community health center;

(ii) A provider with a program for the training of health care professionals, including an academic medical center;

(iii) A hospital outpatient program, physician, or advanced practice nurse that is a Maryland Access to Care (MAC) provider;

(iv) A local health department;

(v) A hospice, as defined in Title 19, Subtitle 9 of this article;

(vi) A pharmacy; and

(vii) Any other historic provider designated in accordance with regulations adopted by the Department.

(e) “Managed care organization” means:

(1) A certified health maintenance organization that is authorized to receive medical assistance prepaid capitation payments; or

(2) A corporation that:

(i) Is a managed care system that is authorized to receive medical assistance prepaid capitation payments;

(ii) Enrolls only program recipients or individuals or families served under the Maryland Children’s Health Program; and

(iii) Is subject to the requirements of § 15–102.4 of this subtitle.

(f) “Ombudsman program” means a program that assists enrollees in resolving disputes with managed care organizations in a timely manner and that is responsible, at a minimum, for the following functions:

(1) Investigating disputes between enrollees and managed care organizations referred by the enrollee hotline;

(2) Reporting to the Department:

(i) The resolution of all disputes;

(ii) A managed care organization’s failure to meet the Department’s requirements; and

(iii) Any other information specified by the Department;

(3) Educating enrollees about:

(i) The services provided by the enrollee’s managed care organization; and

(ii) The enrollee’s rights and responsibilities in receiving services from the managed care organization; and

(4) Advocating on behalf of the enrollee before the managed care organization, including assisting the enrollee in using the managed care organization’s grievance process.

(g) “Primary mental health services” means the clinical evaluation and assessment of services needed by an individual and the provision of services or referral for additional services as deemed medically appropriate by a primary care provider.

(h) “Program” means the Maryland Medical Assistance Program.

(i) “Program recipient” means an individual who receives benefits under the Program.

(j) “Self–measured blood pressure monitoring” means the regular measurement of blood pressure by the patient outside the clinical setting, either at home or elsewhere, requiring the use of a home blood pressure measurement device by the patient.

(k) “Special pediatric hospital” means a facility in the State that provides nonacute medical, rehabilitation, therapy, and palliative services to individuals:

(1) Under the age of 22 years; or

(2) Who are at least 2 years old and under the age of 23 years and have co–occurring physical and behavioral health conditions.

(l) “Specialty mental health services” means any mental health services other than primary mental health services.

(m) “Validated home blood pressure monitor” means a blood pressure measurement device that has been validated for accuracy and is listed in the U.S. Blood Pressure Validated Device Listing.
Md. Code, Insurance § 15-604 — MD Code / Article gin / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

Each authorized insurer, nonprofit health service plan, and fraternal benefit society, and each managed care organization that is authorized to receive Medicaid prepaid capitation payments under Title 15, Subtitle 1 of the Health – General Article, shall:

(1) pay hospitals for hospital services rendered on the basis of the rate approved by the Health Services Cost Review Commission; and

(2) comply with the applicable terms and conditions of the all–payer model contract, as defined in § 19–201 of the Health – General Article.
Md. Code, Alcoholic Beverages and Cannabis § 15-1402 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1402
§15–1402.
Status: in_force

The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.
Md. Code, Estates and Trusts § 15-518 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-518
§15–518.
Status: in_force

(a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

(1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income;

(2) If received from a production payment, a receipt shall be allocated:

(i) If and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent, to income; and

(ii) The balance shall be allocated to principal;

(3) If an amount received as a royalty, shut–in–well payment, take–or–pay payment, bonus, or delay rental is more than nominal, 90% shall be allocated to principal and the balance to income; and

(4) If an amount is received from a working interest or any other interest not provided for in paragraph (1), (2), or (3) of this subsection, 90% of the net amount received shall be allocated to principal and the balance to income.

(b) (1) An amount received on account of an interest in water that is renewable shall be allocated to income.

(2) If the water is not renewable, 90% of the amount shall be allocated to principal and the balance to income.

(c) This subtitle applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.

(d) (1) If a trust owns an interest in minerals, water, or other natural resources on October 1, 2000, the trustee may allocate receipts from the interest as provided in this subtitle or in the manner used by the trustee before October 1, 2000.

(2) If the trust acquires an interest in minerals, water, or other natural resources after October 1, 2000, the trustee shall allocate receipts from the interest as provided in this subtitle.