Md. Code, Health - General § 15-605 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

(a) The Board may approve a licensed pharmacy to be a repository.

(b) Consistent with its approval by the Board, a repository located in the State shall:

(1) Accept only donated prescription drugs, over–the–counter drugs, and medical supplies forwarded by designated drop–off sites;

(2) Inspect all donated prescription drugs, over–the–counter drugs, and medical supplies;

(3) Accept for dispensing to eligible patients only those donated prescription drugs, over–the–counter drugs, and medical supplies that meet the requirements of § 15–603 of this subtitle;

(4) Dispose of donated prescription drugs, over–the–counter drugs, and medical supplies not accepted for dispensing to eligible patients in accordance with State and federal law;

(5) Maintain a separate inventory of donated prescription drugs, over–the–counter drugs, and medical supplies;

(6) Store donated prescription drugs, over–the–counter drugs, and medical supplies in a secure location used exclusively for the Program;

(7) Maintain separate prescription files for patients receiving donated prescription drugs and medical supplies; and

(8) Obliterate from the labels of donated prescription drugs and medical supplies any information specific to the patient for whom the donated prescription drugs, over–the–counter drugs, and medical supplies were originally dispensed or otherwise provided to the patient.

(c) A repository located in the State shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies only:

(1) To an individual who meets the requirements of § 15–606(a) of this subtitle;

(2) On a new prescription, in the case of a prescription drug or medical supply that requires a prescription; and

(3) In accordance with State and federal laws pertaining to:

(i) Storage, distribution, and dispensing of prescription drugs; and

(ii) Confidentiality of patient information.

(d) A repository located in the State may:

(1) Charge a fee, not to exceed $10, for each prescription drug, over–the–counter drug, or medical supply dispensed; and

(2) Dispense a donated prescription drug, over–the–counter drug, or medical supply by mail.

(e) A repository may not establish or maintain a waiting list for any prescription drug, over–the–counter drug, or medical supply dispensed by the Program.

(f) A pharmacy may accept prescription drugs, over–the–counter drugs, and medical supplies taken to the pharmacy for disposal only if the pharmacy is approved by the Board as a repository for this purpose.

(g) Consistent with its approval by the Board, an entity located in another state:

(1) May participate in the Program as a repository; and

(2) Shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies to residents of the State only in accordance with:

(i) Federal law;

(ii) Laws of the state in which the entity is located pertaining to storage and distribution of prescription drugs, over–the–counter drugs, and medical supplies; and

(iii) State laws pertaining to nonresident pharmacies.

(h) The Program may not require a private entity to establish, operate, or fund a drop–off site or disposal program.

(i) The Department shall develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each individual receiving donated prescription drugs and medical supplies from a repository.

(j) A person donating, transferring, or receiving prescription drugs, over–the–counter drugs, and medical supplies, or facilitating the donation, transfer, or receipt, in accordance with this subtitle may not be required to hold a wholesale distribution license.

(k) A repository located in another state operating primarily for the purpose of participating in a drug donation or repository program may not be required to possess a comprehensive or minimum supply of prescription drugs, over–the–counter drugs, or medical supplies.

(l) A repository located in the State may transfer donated prescription drugs, over–the–counter drugs, and medical supplies to:

(1) Another repository located in the State; or

(2) A drop–off site located in another state, a repository located in another state, or another entity located in another state that participates in a drug donation or repository program in accordance with the laws of the state in which the entity is located only if there is no need for the donated prescription drugs, over–the–counter drugs, or medical supplies for use by eligible patients in the State, as determined by the transferring repository.

(m) Unless otherwise prohibited by federal law or the laws of the state in which it is located, a drop–off site or repository located in another state may perform and receive:

(1) Intracompany transfers of donated prescription drugs, over–the–counter drugs, and medical supplies; and

(2) Transfers of donated prescription drugs, over–the–counter drugs, and medical supplies from drop–off sites located in another state, repositories located in another state, or other entities participating in a drug donation or repository program in accordance with the laws of the state in which the entity is located.
Md. Code, Alcoholic Beverages and Cannabis § 15-603 — MD Code / Article gab / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) There is a Class C beer license.

(b) The license authorizes the license holder to sell beer at retail to members of a club and their guests at the place described in the license for on–premises consumption.

(c) The annual license fee is $250.
Md. Code, Insurance § 15-127 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-127
§15–127.
Status: in_force

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

(2) (i) “Behavioral health care administrative expenses” means any expenses that are for administrative functions including:

1. billing and collection expenses;

2. accounting and financial reporting expenses;

3. quality assurance and utilization management program or activity expenses;

4. promotion and marketing expenses;

5. taxes, fees, and assessments;

6. legal expenses;

7. salary expenses for employees that are not related to the delivery of behavioral health care services to patients;

8. computer expenses;

9. provider credentialing;

10. collection and administrative review of treatment plans;

11. auditing the financial report submitted to the Commissioner under this section;

12. debt payment and debt service; and

13. other general and administrative expenses.

(ii) “Behavioral health care administrative expenses” does not include expenses incurred for behavioral health care services.

(3) (i) “Behavioral health care services” means procedures or services rendered by a health care provider for the treatment of mental illness, emotional disorders, drug abuse, or alcohol abuse.

(ii) “Behavioral health care services” includes any quality assurance or utilization management activities or treatment plan reviews that are clinical in nature.

(iii) “Behavioral health care services” does not include administrative functions.

(4) “Carrier” means:

(i) a health insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a preferred provider organization;

(v) a third party administrator; or

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

(5) “Direct behavioral health care expenses” means any payment to a health care provider by a managed behavioral health care organization for the provision of behavioral health care services to a member.

(6) “Direct payments” means the money that a carrier disburses to a managed behavioral health care organization for the provision of behavioral health care services to a member.

(7) “Managed behavioral health care organization” means a company, organization, private review agent, or subsidiary that:

(i) contracts with a carrier to provide, undertake to arrange, or administer behavioral health care services to members; or

(ii) otherwise makes behavioral health care services available to members through contracts with health care providers.

(8) (i) “Member” means an individual entitled to behavioral health care services from a carrier or a managed behavioral health care organization under a policy or plan issued or delivered in the State.

(ii) “Member” includes a subscriber.

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

(b) This section does not apply to a person that, for an administrative fee only, solely arranges a provider panel for a carrier for the provision of behavioral health care services on a discounted fee–for–service basis.

(c) (1) A carrier that owns or contracts with a managed behavioral health care organization shall distribute to its members at the time of enrollment an explanation of:

(i) the specific behavioral health care services covered and the specific exclusions under the member’s contract;

(ii) the member’s responsibilities for obtaining behavioral health care services;

(iii) the reimbursement methodology that the carrier and managed behavioral health care organization use to reimburse providers for behavioral health care services; and

(iv) the procedure that a member must utilize when attempting to obtain behavioral health care services outside the network of providers used by the carrier or managed behavioral health care organization.

(2) The explanation that a carrier is required to distribute under paragraph (1)(iii) of this subsection shall be consistent with § 15–121(c) of this subtitle.

(3) A carrier that owns or contracts with a managed behavioral health care organization shall:

(i) include information on behavioral health care providers in the list of providers on the carrier’s provider panel required under § 15–112(n) of this subtitle; and

(ii) provide the same information on behavioral health care providers that is required for other providers under § 15–112(n) of this subtitle.

(4) (i) A carrier that contracts with a managed behavioral health care organization shall require the managed behavioral health care organization to provide to the carrier on an annual basis a report on the direct behavioral health care expenses of the managed behavioral health care organization.

(ii) The report required under subparagraph (i) of this paragraph shall be made publicly available by the carrier.

(d) (1) Each carrier that provides behavioral health care services through a company owned wholly or in part by the carrier or through a contract with a managed behavioral health care organization shall complete and maintain a form developed by the Commissioner that includes the following information:

(i) the carrier’s direct payments for the preceding calendar year;

(ii) the information required to be collected by a carrier under subsection (c)(4) of this section; and

(iii) reported separately from the information required under item (ii) of this paragraph, the carrier’s total expenses for quality assurance and utilization management activities and treatment plan reviews that are clinical in nature.

(2) The Commissioner shall develop a form to implement the requirements of this subsection.

(e) (1) Each carrier required under subsection (d) of this section to complete and maintain the form developed by the Commissioner shall make copies of the form publicly available to an individual, enrollee, or member, upon request.

(2) A carrier that is required to make a form publicly available to an individual, enrollee, or member under paragraph (1) of this subsection may charge:

(i) a reasonable preparation fee not to exceed $15 for each form requested; and

(ii) the actual cost for any postage and handling required to provide copies of the requested forms.

(f) The Commissioner may adopt regulations to carry out the provisions of this section.
Md. Code, Estates and Trusts § 15-514 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-514
§15–514.
Status: in_force

(a) Except as provided in subsection (b) of this section, a trustee shall:

(1) Allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset; and

(2) Allocate dividends on an insurance policy:

(i) If the premiums on the insurance policy are paid from income, to income; and

(ii) If the premiums on the insurance policy are paid from principal, to principal.

(b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to § 15-510 of this subtitle, loss of profits from a business.

(c) This section does not apply to a contract to which § 15-516 of this subtitle applies.

(d) (1) This subsection applies to any obligation for the payment of money at a future time, provided the obligation was held as an asset of a trust that was irrevocable on October 1, 2000 (regardless of whether the asset was acquired before or after October 1, 2000), and provided the trustee makes an irrevocable election on the first year–end accounting of the trust’s principal and income stated after September 30, 2000 to allocate distributions in accordance with this subsection, including:

(i) A bond;

(ii) A zero coupon bond;

(iii) An annuity contract before unitization;

(iv) A life insurance contract before the death of the insured; and

(v) An interest in a common trust fund as defined under § 584 of the Internal Revenue Code with respect to charitable remainder trusts as defined under § 664 of the Internal Revenue Code and pooled income funds as defined under § 642(c)(5) of the Internal Revenue Code.

(2) Unless otherwise provided in the trust instrument or in this subtitle, the increment in value of an obligation for the payment of money payable at a future time in accordance with a fixed, variable, or discretionary schedule of appreciation in excess of the price at which it was issued shall be distributable as income.

(3) (i) The increment in value is distributable to the beneficiary who was the income beneficiary at the time of the increment from the first principal cash available or, if none is available, when realized by sale, redemption, or other disposition.

(ii) Whenever unrealized increment is distributed as income, but out of principal, the principal shall be reimbursed for the increment when realized.

(4) For purposes of this subsection, the increment in value of an obligation for the payment of money shall be available for distribution only when the trustee receives cash on account of the obligation.
Md. Code, Transportation § 15-406 — MD Code / Article gtr / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

(a) Except as otherwise provided in this title, each licensee shall pay an annual fee to the Administration for each license year or part of a license year for which the license is issued.

(b) The annual license fee shall be established by the Administration.
Md. Code, Estates and Trusts § 15-508 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-508
§15–508.
Status: in_force

(a) In this section, “entity” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or estate to which § 15–509 of this subtitle applies, a business or activity to which § 15–510 of this subtitle applies, or an asset–backed security to which § 15–522 of this subtitle applies.

(b) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

(c) Except as provided in subsection (f) of this section, a trustee shall allocate the following receipts from an entity to principal:

(1) Property other than money;

(2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity;

(3) Money received in total or partial liquidation of the entity; and

(4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

(d) Money is received in partial liquidation:

(1) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(2) If the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity’s gross assets, as shown by the entity’s year–end financial statements immediately preceding the initial receipt.

(e) Money is not received in partial liquidation, nor may it be taken into account under subsection (d)(2) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

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

(ii) “Investment fund” means an entity that is exempt from registration under the Investment Company Act of 1940 based on the authority in 15 U.S.C. § 80a–3(c)(1), is treated as a partnership for federal income tax purposes, has 50 or more investors, and more than half the assets of which consist of cash and marketable securities, including its proportionate share of these assets owned by any entity in which it owns an interest.

(iii) “Unit” means an equity interest in an investment fund.

(2) If the trustee makes an irrevocable written election to have this subsection apply, distributions per share or unit made in any calendar year by a regulated investment company or an investment fund from realized or unrealized capital gains occurring in the calendar year shall be allocated by the trustee to income to the extent required in order for the sum of the distributions per share or unit from ordinary income and from realized or unrealized capital gains to equal an amount determined by multiplying the net asset value of a share or unit of the regulated investment company or investment fund on January 1 of such calendar year (or on such later date of acquisition by a trustee during such calendar year) by the annual federal mid–term rate applicable to January 1 of such calendar year (or to such later date of acquisition) established by the Secretary of the Treasury under § 1274(d)(1) of the Internal Revenue Code of 1986, adjusted to reflect the proportion of the calendar year in which the share has been held by a trustee.

(g) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors.
Md. Code, Business Occupations and Professions § 15-318 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-318
§15–318.
Status: in_force

(a) Subject to the provisions of this section, the Board shall commence proceedings under § 15-317 of this subtitle on a complaint made to the Board by a member or any other person.

(b) (1) A complaint shall:

(i) be in writing;

(ii) state specifically the facts on which the complaint is based; and

(iii) be submitted to the secretary of the Board.

(2) If the complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(c) If the Board finds that a complaint alleges facts that are adequate grounds for action under § 15-317 of this subtitle, the Board shall act on the complaint as provided under § 15-319 of this subtitle. If the Board does not make that finding, it shall dismiss the complaint.
Md. Code, Estates and Trusts § 15-404 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-404
§15–404.
Status: in_force

(a) (1) Subject to any specific limitation set forth in a gift instrument or in law other than this subtitle, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances.

(2) An institution shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision, in:

(i) Selecting an agent;

(ii) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

(iii) Periodically reviewing the actions of the agent in order to monitor the performance and compliance of the agent with the scope and terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

(c) The standard established by § 15–402(b) of this subtitle is not limited or extinguished by the appointment of an external agent.

(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of the State, an agent submits to the jurisdiction of the courts of the State in all proceedings arising from or related to the delegation or the performance of the delegated function.

(e) An institution may delegate management and investment functions to the committees, officers, or employees of the institution as authorized by law other than this subtitle.
Md. Code, Business Occupations and Professions § 15-201 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

There is a State Board for Professional Land Surveyors in the Department.
Md. Code, Estates and Trusts § 15-206 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

(a) Except as provided in subsection (b) of this section, if a deposit is made in a bank to the credit of a fiduciary, the bank is authorized to pay the amount of the deposit or any part of it on the check of the fiduciary, signed with the name in which the deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in drawing the check or with knowledge of the facts that the action of the bank in paying the check amounts to bad faith.

(b) If a check is payable to the drawee bank and is delivered to the bank in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of the obligation as fiduciary in drawing or delivering the check.
Md. Code, Estates and Trusts § 15-517 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-517
§15–517.
Status: in_force

(a) (1) In this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration.

(2) “Liquidating asset” includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than 1 year under an arrangement that does not provide for the payment of interest on the unpaid balance.

(3) “Liquidating asset” does not include a payment subject to § 15-516 of this subtitle, resources subject to § 15-518 of this subtitle, timber subject to § 15-519 of this subtitle, an activity subject to § 15-521 of this subtitle, an asset subject to § 15-522 of this subtitle, or any asset for which the trustee establishes a reserve for depreciation under § 15-525 of this subtitle.

(b) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal.
Md. Code, Land Use § 15-112 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

The Commission may:

(1) maintain offices in Montgomery County and Prince George’s County; and

(2) hold meetings, conduct hearings, and perform any of its duties under this division at the office that, in the Commission’s judgment, best suits the convenience of the public.
Md. Code, Insurance § 15-301 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

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

(b) “Blanket health insurance” means the form of health insurance described in § 15-305 of this subtitle.

(c) “Group health insurance” means the form of health insurance described in § 15-302 of this subtitle.
Md. Code, Insurance § 15-1A-15 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-15
§15–1A–15.
Status: in_force

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

(b) (1) A carrier shall compile and provide to consumers a summary of benefits and coverage explanation that:

(i) accurately describes the benefits and coverage under the applicable health benefit plan; and

(ii) except as provided in paragraph (2) of this subsection, complies with the standards under 45 C.F.R. § 147.200.

(2) If the Commissioner adopts regulations as described in subsection (c) of this section, a summary of benefits and coverage explanation shall comply with the standards in the adopted regulations.

(c) To the extent necessary, the Commissioner, in consultation with the Maryland Health Benefit Exchange, shall adopt regulations that:

(1) establish standards for the summary of benefits and coverage; and

(2) are consistent with 45 C.F.R. § 147.200 and any corresponding federal rules and guidance in effect December 31, 2024.

(d) The summary of benefits and coverage shall be presented:

(1) in a uniform format that does not exceed four pages in length and does not include print smaller than 12 point type; and

(2) in a culturally and linguistically appropriate manner that uses terminology understandable by the average insured individual.

(e) The standards developed under subsection (c) of this section shall include:

(1) uniform definitions of standard insurance–related terms and medical terms so consumers may compare health benefit plans and understand the terms of and exceptions to coverage, including:

(i) premium;

(ii) deductible;

(iii) coinsurance;

(iv) copayment;

(v) out–of–pocket limit;

(vi) preferred provider;

(vii) nonpreferred provider;

(viii) out–of–network copayments;

(ix) usual, customary, and reasonable fees;

(x) excluded services;

(xi) grievance and appeals;

(xii) hospitalization;

(xiii) hospital outpatient care;

(xiv) emergency room care;

(xv) physician services;

(xvi) prescription drug coverage;

(xvii) durable medical equipment;

(xviii) home health care;

(xix) skilled nursing care;

(xx) rehabilitation services;

(xxi) hospice services;

(xxii) emergency medical transportation; and

(xxiii) any other terms the Commissioner determines are important to define so a consumer may compare the medical benefits offered by health benefit plans and understand the extent of and exceptions to those medical benefits;

(2) a description of the coverage of a health benefit plan, including cost–sharing for:

(i) each of the categories of the essential health benefits in the State benchmark plan selected in accordance with § 31–116 of this article; and

(ii) other benefits, as identified by the Commissioner;

(3) the exceptions, reductions, and limitations on coverage;

(4) the renewability and continuation of coverage provisions;

(5) a coverage facts label that includes examples to illustrate common benefits scenarios based on recognized clinical practice guidelines, including pregnancy and serious or chronic medical conditions and related cost–sharing requirements;

(6) a statement of whether the health benefit plan ensures that the plan or coverage share of the total allowed costs of benefits provided under the plan or coverage is not less than 60% of the costs;

(7) a statement that:

(i) the summary of benefits is an outline of the health benefit plan; and

(ii) the language of the health benefit plan should be consulted to determine the governing contractual provisions; and

(8) a contact number for the consumer to call with additional questions and a website where a copy of the actual health benefit plan can be reviewed and obtained.

(f) As appropriate, the Commissioner, in consultation with the Maryland Health Benefit Exchange, shall periodically review and update the standards developed under subsection (c) of this section.

(g) (1) Each carrier shall provide a summary of benefits and coverage explanation that complies with the standards developed under subsection (c) of this section by the Commissioner to:

(i) an applicant at the time of application; and

(ii) an insured individual before the time of enrollment or reenrollment, as applicable.

(2) A carrier may provide a summary of benefits and coverage explanation as required under paragraph (1) of this subsection in paper or electronic form.

(h) Except as otherwise provided in this article, if a carrier makes any material modification in any of the terms of the plan or coverage involved that is not reflected in the most recently provided summary of benefits and coverage explanation, the carrier shall provide notice of the modification to insured individuals not later than 60 days before the effective date of the modification.

(i) (1) The Maryland Insurance Administration shall levy a fine of not more than $1,000 against a carrier that willfully fails to provide the information required under this section.

(2) A failure with respect to each insured individual shall constitute a separate offense for purposes of this subsection.
Md. Code, Environment § 15-501 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: reserved

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

(b) Repealed.

(c) “Auger mining” means the mechanical removal of coal from the subsurface by augering from the outcrop. It is an integral part of open–pit mining.

(d) “Committee” means the Land Reclamation Committee.

(e) “Deep mining” means any method of extracting coal from the subsurface, except open–pit mining and auger mining, and includes methods such as drift mining, shaft mining, and inclined slope mining.

(f) “Degree” means the angle of slope from the horizontal.

(g) “Department” means the Department of the Environment.

(h) “Federal approval of the State program” means approval by the federal government pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95–87).

(i) “Imminent danger to the health and safety of the public” means the existence of a condition which is reasonably expected to cause substantial physical harm to persons outside the permit area. A reasonable expectation of harm exists if a rational person would not subject himself to the danger.

(j) “Land” means the surface of the land on which open–pit mining is conducted.

(k) “Land affected” means the areas on which open–pit mining activities occur or where those activities disturb the natural land surface. These areas also shall include any adjacent land, the use of which is incidental to any open–pit mining activity, any land affected by the construction of a new road or the improvement or use of an existing road to gain access to the site of the activities for haulage, and any excavation, working, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailing, hole or depression, repair area, storage area, processing area, shipping area, or any other area on which is sited a structure, facility, or other property or material on the surface that results from or is incident to open–pit mining activities.

(l) “Land eligible for remining” means any land that would otherwise be eligible for expenditures under Subtitle 11 of this title.

(m) “Landowner” means a person in whom the legal title to the land is vested.

(n) (1) “Open–pit mining”, “strip mining”, and “surface coal mining” are terms used interchangeably in this subtitle to mean the mining or recovery of bituminous coal by removing the strata or material which overlies or is above the coal deposit or seam in its natural condition, or any other recovery of coal by methods other than deep–mining, and land affected by such activities.

(2) These terms include methods such as contour, strip, auger, mountain top removal, box cut, open–pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site.

(3) “Open–pit mining”, “strip mining”, or “surface coal mining” do not include the incidental extraction of coal at a level that does not exceed within any calendar year 16 2/3 percent of the total cumulative production of coal and other minerals removed from a mining area for purposes of bona fide sale or reasonable commercial use.

(o) “Operator” means any person, partnership, limited liability company, or corporation that removes or intends to remove more than 250 tons of coal from the earth by surface coal mining within 12 consecutive calendar months in any one location.

(p) “Orphaned land” means land on which open–pit mining was conducted before June 1, 1967 and which has not been reclaimed.

(q) “Orphaned land reclamation project” or “project” means a competently designed reclamation project, which may include backfilling and revegetation, to restore orphaned lands.

(r) “Overburden” means the strata or material overlying a bituminous coal deposit in its natural state.

(s) “Owner’s cash contribution” means the sum that an owner of property benefited by an orphaned land reclamation project agrees to pay in a lump sum on approval of the project.

(t) “Permit” means a permit to conduct open–pit mining pursuant to this subtitle.

(u) “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or any individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, associations, public or private corporation, or any other entity.

(v) “Principal owner” means an owner or beneficial owner of at least 10 percent of a corporation, firm, partnership, limited liability company, or association.

(w) “Prospect” means the removal of soil or rock material overlying bituminous coal to determine the location or value of the coal resource of the area, but not to sell, exchange, or transfer.

(x) “Secretary” means the Secretary of the Environment.

(y) “Spoil pile” means the overburden and reject coal as it is piled or deposited in open–pit mining.
Md. Code, Criminal Procedure § 15-405 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

(a) This section applies only in Calvert County.

(b) (1) The State’s Attorney’s salary is equal to the salary of a circuit court judge.

(2) A salary increase shall take effect at the beginning of the elected term of office and may not increase during the term of office.

(c) (1) Subject to approval of the county commissioners, the State’s Attorney shall appoint a deputy State’s Attorney and an assistant State’s Attorney, as needed.

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

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

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

(ii) shall perform work as directed by the State’s Attorney; and

(iii) may present cases to the grand jury, sign indictments and criminal informations, and perform other functions necessary to the operation of the Office.

(d) The State’s Attorney shall serve full time and may not engage in the private practice of law.
Md. Code, Transportation § 15-604 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

(a) This section does not apply to:

(1) A licensed dealer who is in compliance with the surety bond requirement of Subtitle 3 of this title; or

(2) A motor club that is in compliance with the surety bond requirement of § 26–204 of the Insurance Article.

(b) After the Administration notifies an applicant of the approval of an application and before the Administration issues a license, the applicant shall file with the Administration a surety bond in the form and with the surety that the Administration approves.

(c) The amount of the surety bond shall be $50,000.
Md. Code, Insurance § 15-2101 — MD Code / Article gin / Title 15 / Subtitle 21 / Section 15-2101
§15–2101.
Status: in_force

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

(b) “Administrator” means a carrier administering a self–funded group health plan.

(c) “Carrier” has the meaning stated in § 15–113 of this title.

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

(e) “Health care practitioner” has the meaning stated in § 15–113 of this title.

(f) “Member” has the meaning stated in § 15–10A–01 of this title.

(g) “Network” has the meaning stated in § 15–112 of this title.

(h) “Participant” means an employee or an employee’s dependent who participates in a self–funded group health insurance plan.

(i) “Set of health care practitioners” has the meaning stated in § 15–113 of this title.
Md. Code, Insurance § 15-714 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-714
§15–714.
Status: in_force

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

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

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

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

(2) is issued, renewed, amended, or reissued on or after July 1, 1972.

(b) Notwithstanding any other provision of a policy, contract, or certificate subject to this section, if the policy, contract, or certificate provides for reimbursement for a service that is within the lawful scope of practice of a licensed psychologist, the insured or any other person covered by the policy, contract, or certificate is entitled to reimbursement for the service regardless of whether the service is performed by a physician or licensed psychologist.
Md. Code, Estates and Trusts § 15-1A-02 — MD Code / Article get / Title 15 / Subtitle 1A / Section 15-1A-02
§15–1A–02.
Status: in_force

(a) Subject to the provisions of § 15-1A-04(d)(2) of this subtitle, a successor fiduciary shall be substituted as a fiduciary for its predecessor corporate fiduciary, immediately upon the adoption of a corporate resolution by both the successor fiduciary and the predecessor corporate fiduciary providing for the substitution.

(b) A successor fiduciary shall have all the rights, powers, duties, and obligations of the predecessor corporate fiduciary.

(c) The successor fiduciary shall be deemed named as fiduciary in any writing, including a will, trust, court order, or similar document or instrument that names the predecessor corporate fiduciary as fiduciary, whether executed before or after the successor fiduciary is substituted, unless the writing expressly provides otherwise.
Md. Code, Health - General § 15-116 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

The Department shall reimburse skilled nursing facilities for services provided to indigent or medically indigent patients under the age of 21 years.
Md. Code, Insurance § 15-1629 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1629
§15–1629.
Status: in_force

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

(b) This section does not apply to an audit that involves probable or potential fraud or willful misrepresentation by a pharmacy or pharmacist.

(c) A pharmacy benefits manager shall conduct an audit of a pharmacy or pharmacist under contract with the pharmacy benefits manager in accordance with this section.

(d) (1) A pharmacy benefits manager may conduct an audit through an auditing entity.

(2) The Commissioner may adopt regulations to carry out this subsection.

(e) A pharmacy benefits manager may not schedule an onsite audit to begin during the first 5 calendar days of a month unless requested by the pharmacy or pharmacist.

(f) When conducting an audit, a pharmacy benefits manager shall:

(1) if the audit is onsite, provide written notice to the pharmacy or pharmacist at least 2 weeks before conducting the initial onsite audit for each audit cycle;

(2) employ the services of a pharmacist if the audit requires the clinical or professional judgment of a pharmacist;

(3) allow its auditors to enter the prescription area of a pharmacy only when accompanied by or authorized by a member of the pharmacy staff;

(4) allow a pharmacist or pharmacy to use any prescription, or authorized change to a prescription, that meets the requirements of COMAR 10.34.20.02 to validate claims submitted for reimbursement for dispensing of original and refill prescriptions;

(5) for purposes of validating the pharmacy record with respect to orders or refills of a drug, allow the pharmacy or pharmacist to use records of a hospital or a physician or other prescriber authorized by law that are:

(i) written; or

(ii) transmitted electronically or by any other means of communication authorized by contract between the pharmacy and the pharmacy benefits manager;

(6) accept a completed cash register transaction to serve as proof of delivery or pickup for a pharmacy customer unless there is contradictory information;

(7) audit each pharmacy and pharmacist under the same standards and parameters as other similarly situated pharmacies or pharmacists audited by the pharmacy benefits manager;

(8) only audit claims submitted or adjudicated within the 2–year period immediately preceding the audit, unless a longer period is authorized under federal or State law;

(9) deliver the preliminary audit report to the pharmacy or pharmacist within 120 calendar days after the completion of the audit, with reasonable extensions allowed;

(10) in accordance with subsection (m) of this section, allow a pharmacy or pharmacist to produce documentation to address any discrepancy found during the audit; and

(11) deliver the final audit report to the pharmacy or pharmacist:

(i) within 6 months after delivery of the preliminary audit report if the pharmacy or pharmacist does not request an internal appeal under subsection (m) of this section; or

(ii) within 30 days after the conclusion of the internal appeals process under subsection (m) of this section if the pharmacy or pharmacist requests an internal appeal.

(g) If a contract between a pharmacy or pharmacist and a pharmacy benefits manager specifies a period of time in which a pharmacy or pharmacist is allowed to withdraw and resubmit a claim and that period of time expires before the pharmacy benefits manager delivers a preliminary audit report that identifies discrepancies, the pharmacy benefits manager shall allow the pharmacy or pharmacist to withdraw and resubmit a claim within 30 days after:

(1) the preliminary audit report is delivered if the pharmacy or pharmacist does not request an internal appeal under subsection (m) of this section; or

(2) the conclusion of the internal appeals process under subsection (m) of this section if the pharmacy or pharmacist requests an internal appeal.

(h) During an audit, a pharmacy benefits manager may not disrupt the provision of services to the customers of a pharmacy.

(i) (1) A pharmacy benefits manager may not:

(i) use the accounting practice of extrapolation to calculate overpayments or underpayments;

(ii) except as provided in paragraph (2) of this subsection:

1. share information from an audit with another pharmacy benefits manager; or

2. use information from an audit conducted by another pharmacy benefits manager;

(iii) recoup any funds from or charge any fees to a pharmacy or pharmacist for a prescription with regard to an incorrect days of supply calculation if the package size of the medication is unbreakable and the pharmacy benefits manager cannot accept the correct mathematically calculable days’ supply during prescription adjudication;

(iv) have or request access to a pharmacy’s or pharmacist’s bank, credit card, or depository statements or data as it relates to cost–sharing; or

(v) audit claims that were reversed or for which there was no remuneration by the purchaser or cost to the pharmacy customer except if necessary to evaluate compliance to a contract.

(2) Paragraph (1)(ii) of this subsection does not apply to the sharing of information:

(i) required by federal or State law;

(ii) in connection with an acquisition or merger involving the pharmacy benefits manager; or

(iii) at the payor’s request or under the terms of the agreement between the pharmacy benefits manager and the payor.

(j) A pharmacy benefits manager or purchaser may not audit more than 125 prescriptions during a desk or site audit.

(k) The recoupment of a claims payment from a pharmacy or pharmacist by a pharmacy benefits manager shall be based on an actual overpayment or denial of an audited claim unless the projected overpayment or denial is part of a settlement agreed to by the pharmacy or pharmacist.

(l) (1) In this subsection, “overpayment” means a payment by the pharmacy benefits manager to a pharmacy or pharmacist that is greater than the rate or terms specified in the contract between the pharmacy or pharmacist and the pharmacy benefits manager at the time that the payment is made.

(2) A clerical error, record–keeping error, typographical error, or scrivener’s error in a required document or record may not constitute fraud or grounds for recoupment of a claims payment from a pharmacy or pharmacist by a pharmacy benefits manager if the prescription was otherwise legally dispensed and the claim was otherwise materially correct.

(3) Notwithstanding paragraph (2) of this subsection, claims remain subject to recoupment of overpayment or payment of any discovered underpayment by the pharmacy benefits manager.

(m) (1) A pharmacy benefits manager shall establish an internal appeals process under which a pharmacy or pharmacist may appeal any disputed claim in a preliminary audit report.

(2) Under the internal appeals process, a pharmacy benefits manager shall allow a pharmacy or pharmacist to request an internal appeal within 30 working days after receipt of the preliminary audit report, with reasonable extensions allowed.

(3) The pharmacy benefits manager shall include in its preliminary audit report a written explanation of the internal appeals process, including the name, address, and telephone number of the person to whom an internal appeal should be addressed.

(4) The decision of the pharmacy benefits manager on an appeal of a disputed claim in a preliminary audit report by a pharmacy or pharmacist shall be reflected in the final audit report.

(5) The pharmacy benefits manager shall deliver the final audit report to the pharmacy or pharmacist within 30 calendar days after conclusion of the internal appeals process.

(n) (1) A pharmacy benefits manager may not recoup by setoff any money for an overpayment or denial of a claim until:

(i) the pharmacy or pharmacist has an opportunity to review the pharmacy benefits manager’s findings; and

(ii) if the pharmacy or pharmacist concurs with the pharmacy benefits manager’s findings of overpayment or denial, 30 working days have elapsed after the date the final audit report has been delivered to the pharmacy or pharmacist.

(2) If the pharmacy or pharmacist does not concur with the pharmacy benefits manager’s findings of overpayment or denial, the pharmacy benefits manager may not recoup by setoff any money pending the outcome of an appeal under subsection (m) of this section.

(3) A pharmacy benefits manager shall remit any money due to a pharmacy or pharmacist as a result of an underpayment of a claim within 30 working days after the final audit report has been delivered to the pharmacy or pharmacist.

(4) Notwithstanding the provisions of paragraph (1) of this subsection, a pharmacy benefits manager may withhold future payments before the date the final audit report has been delivered to the pharmacy or pharmacist if the identified discrepancy for all disputed claims in a preliminary audit report for an individual audit exceeds $25,000.

(o) (1) A pharmacy benefits manager shall provide a pharmacy or pharmacist being audited with a phone number and, if available, access to a secure portal that the pharmacy or pharmacist may use to ask questions regarding the audit.

(2) An individual who is familiar with the audit shall respond to all inquiries made through a phone number or secure portal provided under paragraph (1) of this subsection within 3 business days after the inquiry was made.

(p) (1) The pharmacy benefits manager shall give the pharmacy or pharmacist the option to provide requested audit documentation by postal mail, e–mail, or facsimile.

(2) If a document is requested regarding an audit, the pharmacy benefits manager shall provide a secure facsimile number and a mechanism for receiving secure e–mails.

(3) On or before October 1, 2025, a pharmacy benefits manager shall provide a mechanism for secure electronic communication for pharmacies and pharmacists to communicate with and submit documents to the auditing entity.

(q) (1) The Commissioner may adopt regulations regarding:

(i) the documentation that may be requested during an audit; and

(ii) the process a pharmacy benefits manager may use to conduct an audit.

(2) On request of the Commissioner or the Commissioner’s designee, a pharmacy benefits manager shall provide a copy of its audit procedures or internal appeals process.
Md. Code, Insurance § 15-861 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-861
§15–861.
Status: in_force

(a) In this section, “special pediatric hospital” has the meaning stated in § 15–101 of the Health – General Article.

(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 may not require prior authorization for a transfer to a special pediatric hospital.
Md. Code, Insurance § 15-601 — MD Code / Article gin / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) Each entity subject to this section that offers benefits to an insured or beneficiary who uses designated low-cost hospitals, that are different from the benefits offered when other hospitals are used, shall base its designation of a low-cost hospital on information that:

(1) excludes the reasonable cost of medical education and of uncompensated care as determined by the Health Services Cost Review Commission;

(2) excludes the cost associated with a shock trauma facility as determined by the Health Services Cost Review Commission;

(3) excludes the amount in rates approved by the Health Services Cost Review Commission for undergraduate nursing education;

(4) excludes from consideration each hospital that is determined by the Maryland Health Care Commission to be a sole community provider; and

(5) compares hospitals on a regional basis, unless the entity demonstrates to the satisfaction of the Commissioner that a statewide comparison is more appropriate.

(c) An entity subject to this section that provides hospital benefits under subsection (b) of this section may not subsidize those benefits from premiums earned by other benefit plans, programs, or policies.
Md. Code, Health - General § 15-128 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-128
§15–128.
Status: in_force

The Department may provide reimbursement, under the Maryland Medical Assistance Program, for services provided by a hospice care program, as defined in § 19-901 of this article.
Md. Code, Estates and Trusts § 15-503 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

(a) The rules in subsections (b) through (e) of this section apply:

(1) In the case of an estate, after a decedent dies; or

(2) After an income interest in a trust ends.

(b) (1) A fiduciary of an estate or of a terminating income interest shall:

(i) Determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under the rules in Parts III through V of this subtitle which apply to trustees and the rules in subsection (e) of this section; and

(ii) Distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

(2) If the income and principal receipts from the specific property are not sufficient to pay the taxes, ordinary repairs, and other expenses of management and operation relating to the property, or if there are no income or principal receipts, then expenses in excess of income and principal receipts shall be charged to and paid by the beneficiary who is to receive the specific property immediately on written demand of the personal representative, or at the option of the beneficiary, charged against a share of the estate to which the beneficiary may be entitled.

(3) (i) If the beneficiary who is to receive the specific property fails to make payment to the personal representative within 15 days from the date of written demand, the personal representative may sell at either public or private sale the specific property to satisfy the excess charges, taxes, and expenses accrued.

(ii) Proceeds of the sale in excess of the charges, taxes, and expenses, including the expenses of the sale, shall subsequently be distributed to the beneficiary in full satisfaction of the right to receive the specific property.

(iii) If the proceeds of the sale are insufficient to satisfy charges, taxes, and expenses incident to the specific property, then the personal representative may pay the excess expenses, taxes, and other charges out of the residuary estate.

(c) A fiduciary shall determine the remaining net income of a decedent’s estate or a terminating income interest under the rules in Parts III through V of this subtitle which apply to trustees and by:

(1) Including in net income all income from property used to discharge liabilities;

(2) Paying from income or principal, in the fiduciary’s discretion, fees of attorneys, accountants, and fiduciaries; court costs and other expenses of administration; and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction; and

(3) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent’s estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust, or applicable law.

(d) A fiduciary shall distribute the remaining net income in the manner described in § 15–504 of this subtitle to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust, but excluding a beneficiary other than a surviving spouse who receives a pecuniary amount that is not in trust.

(e) (1) A fiduciary may not reduce principal or income receipts from property described in subsection (b) of this section because of a payment described in § 15–523 or § 15–524 of this subtitle to the extent that the will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party.

(2) The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due on or after the date of a decedent’s death or an income interest’s terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed.
Md. Code, Insurance § 15-838 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-838
§15–838.
Status: in_force

(a) This section applies to:

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

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

(b) (1) In this subsection, “hearing aid” means a device that:

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

(ii) is nondisposable.

(2) An entity subject to this section shall provide coverage for hearing aids for a minor child who is covered under a policy or contract if the hearing aids are prescribed, fitted, and dispensed by a licensed audiologist.

(3) (i) An entity subject to this section may limit the benefit payable under paragraph (2) of this subsection to $1,400 per hearing aid for each hearing–impaired ear every 36 months.

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

(c) This section does not prohibit an entity subject to this section from providing coverage that is greater or more favorable to an insured or enrolled individual than the coverage required under this section.
Md. Code, Insurance § 15-818 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-818
§15–818.
Status: in_force

(a) This section applies to:

(1) each individual or group hospital or major medical insurance policy or certificate that is delivered or issued for delivery in the State by an insurer and is written on an expense–incurred basis;

(2) each individual or group medical or major medical contract, policy, or certificate that is delivered or issued for delivery in the State by a nonprofit health service plan; and

(3) each contract that provides hospital, medical, or surgical benefits to individuals or groups and is issued or delivered in the State by a health maintenance organization.

(b) A policy, contract, or certificate subject to this section shall include benefits for inpatient or outpatient expenses arising from orthodontics, oral surgery, and otologic, audiological, and speech/language treatment involved in the management of the birth defect known as cleft lip or cleft palate or both.
Md. Code, Estates and Trusts § 15-401 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-401
§15–401.
Status: reserved

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

(b) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

(c) (1) “Endowment fund” means an institutional fund or part of an institutional fund that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis.

(2) “Endowment fund” does not include assets that an institution designates as an endowment fund for the use of the institution.

(d) “Gift instrument” means a record, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

(e) “Institution” means:

(1) A person, other than an individual, organized and operated exclusively for charitable purposes;

(2) A government or governmental subdivision, agency, or instrumentality, to the extent that the subdivision, agency, or instrumentality holds funds exclusively for a charitable purpose; or

(3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(f) (1) “Institutional fund” means a fund held by an institution exclusively for charitable purposes.

(2) “Institutional fund” does not include:

(i) Program–related assets;

(ii) A fund held for an institution by a trustee that is not an institution; or

(iii) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise on violation or failure of the purposes of the fund.

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

(h) “Program–related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(i) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Md. Code, Environment § 15-402 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-402
§15–402.
Status: in_force

(a) In order to secure efficient management and proper ventilation of the mine, promote the health and safety of the persons employed, and protect and preserve the property connected with it, the operator of any coal mine in the State shall employ a competent and practical mine foreman in every mine where eight or more persons are employed. Except in a nongassy mine, the mine foreman shall possess a first-class mine foreman’s certificate of competence. He shall have charge of the mine under the supervision and control of the operator.

(b) In a mine in which seven or less persons are employed, the mine operator himself shall hold or shall employ a person who holds a permit of competence issued by the mining authority as provided for in Subtitle 3 of this title. The mine foreman need not possess a first-class mine foreman’s certificate of competence.

(c) If the mine workings become so extensive that the mine foreman is personally unable to discharge his duties, the operator shall employ a sufficient number of competent persons or assistants who have the same qualifications as the mine foreman. However, if any emergency arises making it impossible for any operator to secure the immediate services of a certified or qualified person, he may employ any qualified and experienced person as mine foreman or assistant mine foreman for a period not exceeding 30 days, subject to the Bureau’s approval.

(d) The mine foreman shall devote his entire time to his duties when the mine is in operation. Subject to the supervision and control of the operator, he has charge of the inside workings of the mine and any person employed there. He shall see that any applicable provision of this title, and rules and regulations made pursuant to it are strictly obeyed. For this purpose, the mine foreman, personally or by an assistant shall:

(1) Visit each working place each day while the employees are at work, to see that it is properly timbered, drained, secured, and reasonably safe and that a sufficient supply of timber and other facilities is on hand ready for use;

(2) See that any loose coal or other dangerous material is taken down or secured, especially upon traveling ways and airways, standing water is drained from passageways and working places, explosive and noxious gases and dangerous accumulations of dust are removed, and rock dusting is properly done so that in general the ventilation, stoppings, doors, timbering, drainage, equipment, electrical installations, traveling and airways, trackage, and other mine works and ways are in good working order and reasonably safe condition;

(3) Instruct every employee in safety measures, including the placing of timber to prevent falls and other accidents and the safeguarding of moving parts of machinery which may injure persons passing nearby so that at all times, as required by this subtitle, every person and property is protected against any mining risk;

(4) Promptly attend to the removal of any dangerous conditions coming to his knowledge and, in case it is not feasible, immediately to remove the danger and order every person whose safety is menaced to leave and remain away from the vicinity of the danger until notified that it has been removed;

(5) Post danger signals of uniform type across the entrance to any mine, portion of the mine, or other conspicuous point in case of danger, and see that the signals are kept there until the danger has been removed; and

(6) Report immediately to the operator of the mine if the ventilation or other machinery fails to discharge its functions adequately, or upon discovery of accumulations of gas, water, or any other unusually dangerous condition.

(e) If assistant mine foremen are employed, they shall assist the mine foreman in complying with the provisions of this subtitle. In the absence of the mine foreman, the superintendent shall designate an assistant to perform the duties of the mine foreman. The assistant is subject to the same penalties as the mine foreman for any violation of this subtitle or rules or regulations made under it.

(f) The superintendent or mine foreman in direct charge of the operation of any mine is the agent of the operator. He is jointly responsible with the operator for any failure to comply with the provisions of this subtitle or rules or regulations made under it which govern operators or agents.

(g) The mine foreman, or his assistant on each day the mine works, shall enter plainly and sign in ink, in a book provided for the purpose, a report of the condition of the mine and of his examination of it made on that day and he shall include the following facts:

(1) Any danger or dangerous condition observed or reported, and what steps have been taken to remedy the condition;

(2) If there is a proper supply of material on hand for the safe working of the mine;

(3) If the requirements of this subtitle are complied with; and

(4) If the mine is gassy, a report of all air measurements within the mine as elsewhere required to be taken.

(h) If the mine is not gassy, a weekly report of all air measurements in the mine are to be taken as required elsewhere. Each report shall be kept in the foreman’s office for examination by the district mine inspector and any person employed at the mine.

(i) The mine foreman each day carefully shall read and countersign with red ink any report entered on the record book of the fire boss.

(j) The mine foreman, on behalf of the operator, shall report immediately to the district mine inspector any violation of this subtitle. The foreman shall make an immediate report to the inspector and mine operator upon the occurrence of any serious or fatal accident on the form the Bureau prescribes.

(k) If the mine foreman or assistant mine foreman violates any provision of this subtitle, or by neglect or for any other cause becomes incapable of properly discharging his duties, the district mine inspector, after investigation, shall prefer charges before the examining authority and take any additional steps the nature of the situation requires.

(l) A mine official, worker, or other person may not solicit or receive any money or other consideration from any person to procure or continue employment for any person, or procure any favor, promotion, advantage, or facility in employment in or about the mine.
Md. Code, Environment § 15-704 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-704
§15–704.
Status: reserved

(a) Proceeds from the Mine Reclamation and Water Quality Restoration Loan of 1970 shall be credited on the books of the State Comptroller to be expended exclusively to finance the costs of acquisition, improvements, or rehabilitation of land and acquisition, construction, reconstruction, extension, and improvement of facilities in connection with the prevention, control, and abatement of pollution of the waters of this State from abandoned deep or strip mines, including the prevention of drainage. The proceeds of the loan may be expended for: (1) improvement or rehabilitation, including drainage prevention, of land owned by the State or a political subdivision and occupied or degraded by an abandoned strip mine or deep mine; or (2) acquisition, improvement, or rehabilitation, including drainage prevention, of private land occupied or degraded by abandoned mines. However, the proceeds may not be used to improve, rehabilitate, or prevent drainage from any land that the State or a political subdivision does not own, unless the owner of the land contributes to the cost an amount at least equal to the increase in the value of the land resulting from improvement or rehabilitation. This amount or the manner of determining this amount and the manner of payment shall be determined by the Secretary. The owner of the land need not pay the increase in the value of the land resulting from the improvement or rehabilitation until such time as the land use is changed from agriculture or other open space use.

(b) Land acquired under the provisions of this subtitle may be sold to a private person, retained by the State, or transferred to a political subdivision after the land has been rehabilitated and water pollution from the land has been controlled. Every purchase, sale, and/or transfer of land is by action of the Board who may promulgate rules and regulations governing the transactions. The Board may accept gifts of land from any private citizen, group, quasi-public organization, or political subdivision in order to accomplish the purposes of this subtitle. Land acquired by the State by gift, after rehabilitation and control of water pollution, either may be sold or retained by the State or transferred to a political subdivision as directed by the Board. Any money received from the sale of land acquired under this section shall be deposited in the treasury and constitutes a permanent special fund known as the “Abandoned Mine Drainage Capital Fund”. The money in the Fund may be utilized only for the same purposes as the proceeds of the loan authorized by this subtitle.
Md. Code, Insurance § 15-10B-01 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-01
§15–10B–01.
Status: in_force

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

(b) (1) “Adverse decision” means a utilization review determination made by a private review agent that a proposed or delivered health care service:

(i) is or was not medically necessary, appropriate, or efficient; and

(ii) may result in noncoverage of the health care service.

(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) “Certificate” means a certificate of registration granted by the Commissioner to a private review agent.

(d) (1) “Employee assistance program” means a health care service plan that, in accordance with a contract with an employer or labor union:

(i) consults with employees or members of an employee’s family or both to:

1. identify the employee’s or the employee’s family member’s mental health, alcohol, or substance abuse problems; and

2. refer the employee or the employee’s family member to health care providers or other community resources for counseling, therapy, or treatment; and

(ii) performs utilization review for the purpose of making claims or payment decisions on behalf of the employer’s or labor union’s health insurance or health benefit plan.

(2) “Employee assistance program” does not include a health care service plan operated by a hospital solely for employees, or members of an employee’s family, of that hospital.

(e) (1) “Grievance” means a protest filed by a patient or a health care provider on behalf of a patient with a private review agent through the private review agent’s internal grievance process regarding an adverse decision concerning a patient.

(2) “Grievance” does not include a verbal request for reconsideration of a utilization review determination.

(f) “Grievance decision” means a final determination by a private review agent that arises from a grievance filed with the private review agent under its internal grievance process regarding an adverse decision concerning a patient.

(g) “Health care facility” means:

(1) a hospital as defined in § 19–301 of the Health – General Article;

(2) a related institution as defined in § 19–301 of the Health – General Article;

(3) an ambulatory surgical facility or center which is any entity or part thereof that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and seeks reimbursement from third party payors as an ambulatory surgical facility or center;

(4) a facility that is organized primarily to help in the rehabilitation of disabled individuals;

(5) a home health agency as defined in § 19–401 of the Health – General Article;

(6) a hospice as defined in § 19–901 of the Health – General Article;

(7) a facility that provides radiological or other diagnostic imagery services;

(8) a medical laboratory as defined in § 17–201 of the Health – General Article; or

(9) an alcohol abuse and drug abuse treatment program as defined in § 8–403 of the Health – General Article.

(h) “Health care provider” means:

(1) an individual who:

(i) is licensed or otherwise authorized to provide health care services in the ordinary course of business or practice of a profession; and

(ii) is a treating provider of a patient; or

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

(i) “Health care service” means a health or medical care procedure or service rendered by a health care provider licensed or authorized to provide health care services 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 the physical and mental well–being of human beings.

(j) “Health care service reviewer” means an individual who is licensed or otherwise authorized to provide health care services in the ordinary course of business or practice of a profession.

(k) “Private review agent” means:

(1) a nonhospital–affiliated person or entity performing utilization review that is either affiliated with, under contract with, or acting on behalf of:

(i) a Maryland business entity; or

(ii) a third party that pays for, provides, or administers health care services to citizens of this State; or

(2) any person or entity including a hospital–affiliated person performing utilization review for the purpose of making claims or payment decisions for health care services on behalf of the employer’s or labor union’s health insurance plan under an employee assistance program for employees other than the employees employed by:

(i) the hospital; or

(ii) a business wholly owned by the hospital.

(l) “Significant beneficial interest” means the ownership of any financial interest that is greater than the lesser of:

(1) 5 percent of the whole; or

(2) $5,000.

(m) “Utilization review” means a system for reviewing the appropriate and efficient allocation of health care resources and services given or proposed to be given to a patient or group of patients.

(n) “Utilization review plan” means a description of the standards governing utilization review activities performed by a private review agent.
Md. Code, Transportation § 15-1003 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1003
§15–1003.
Status: in_force

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

(1) The address of the principal place of business of the applicant;

(2) The address of each place of business from which the applicant will make substantial contacts with dealers in the State; and

(3) The nature of the business to be conducted at each address.

(b) Each applicant for a license shall submit as part of the application:

(1) A copy of each form for any new vehicle warranty currently provided or offered by the applicant;

(2) A copy of each franchise contract and any other contract with dealers used by the applicant, together with a list of dealers in the State who hold a franchise from the applicant;

(3) A copy of the vehicle preparation and delivery obligations of the dealers described in item (2) of this subsection; and

(4) A statement of the compensation structure the applicant agrees to pay a dealer for parts supplied and work done by a dealer under:

(i) The preparation and delivery obligations of the dealer; or

(ii) Any outstanding express or implied new recreational vehicle warranty.
Md. Code, Insurance § 15-407 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

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

(2) “Dependent child” means a child of the insured who:

(i) was covered under a group contract as a qualified or eligible dependent of the insured immediately before the death of the insured; or

(ii) was born to a qualified secondary beneficiary defined in paragraph (5)(i) of this subsection after the death of the insured.

(3) “Group contract” means:

(i) an insurance contract or policy that is issued or delivered in the State to the employer of the insured by an insurer or nonprofit health service plan and that provides group hospital, medical, or surgical benefits to the employees of the employer on an expense–incurred basis; or

(ii) a contract between the employer of the insured and a health maintenance organization certified under Title 19, Subtitle 7 of the Health – General Article that provides hospital, medical, or surgical benefits to the employees of the employer.

(4) “Insured” means an employee who is a resident of the State and covered under a current or predecessor group contract with the same employer for at least 3 months before death.

(5) “Qualified secondary beneficiary” means an individual who is:

(i) a beneficiary under the group contract as the spouse of the insured for at least 30 days immediately preceding the death of the insured; or

(ii) a dependent child of the insured.

(b) (1) Each group contract in force on the date of the death of the insured shall provide continuation coverage in accordance with this section.

(2) Subject to subsection (c) of this section, if continuation coverage is elected by or on behalf of a qualified secondary beneficiary, the group contract shall provide continuation coverage to the qualified secondary beneficiary after the death of the insured.

(c) Continuation coverage that is elected by or on behalf of a qualified secondary beneficiary under the group contract shall begin on the date of the death of the insured and end on the earliest of the following:

(1) 18 months after the date of the death of the insured;

(2) the date on which the qualified secondary beneficiary fails to make timely payment of an amount required under subsection (d)(2) of this section;

(3) the date on which the qualified secondary beneficiary becomes eligible for hospital, medical, or surgical benefits under an insured or self–insured group health benefit program or plan, other than the group contract, that is written on an expense–incurred basis or is with a health maintenance organization;

(4) the date on which the qualified secondary beneficiary becomes entitled to benefits under Title XVIII of the Social Security Act;

(5) the date on which the qualified secondary beneficiary accepts hospital, medical, or surgical coverage under a nongroup contract or policy that is written on an expense–incurred basis or is with a health maintenance organization;

(6) the date on which the qualified secondary beneficiary elects to terminate coverage under the group contract;

(7) the date on which the employer ceases to provide benefits to its employees under a group contract; or

(8) for an individual who is a qualified secondary beneficiary by reason of having been a dependent child, the date on which the individual would no longer be covered under the group contract if the insured had not died.

(d) Continuation coverage under this section shall:

(1) be provided without evidence of insurability or additional waiting periods;

(2) require the qualified secondary beneficiary to pay to the employer an amount that does not exceed:

(i) the sum of the employer contribution and any contribution that the insured would have been required to pay if the insured had not died; and

(ii) a reasonable administrative fee that is subject to review and approval by the Commissioner;

(3) allow the payment of the amount specified in paragraph (2) of this subsection in monthly installments if the qualified secondary beneficiary elects to do so; and

(4) be identical to the coverage offered under the group contract to similarly situated individuals for whom there has not been a death of the insured.

(e) (1) To elect continuation coverage provided under this section, a qualified secondary beneficiary or authorized representative shall submit a signed election notification form to the insured’s employer during the election period.

(2) The election period for continuation coverage under this section begins on the date of the death of the insured and ends at least 45 days after that date.

(3) Within 14 days after receipt of a request for an election notification form, the employer shall deliver or send by first–class mail the election notification form to the qualified secondary beneficiary or authorized representative.

(f) Each certificate issued to an insured under a group contract shall include a statement, in a manner and form approved by the Commissioner, that advises the insured of the following:

(1) the availability of continuation coverage under this section;

(2) a summary of the eligibility for and duration of the continuation coverage; and

(3) the procedure for making an election to receive continuation coverage if the insured dies.

(g) The Commissioner shall:

(1) publish at least annually in the Maryland Register and in a newspaper of general circulation in each county notice that describes the continuation coverage required under this section;

(2) prescribe by regulation the form and content of the election notification form; and

(3) make election notification forms available to each employer whose employees are covered by a group contract.

(h) Notice of the availability of continuation coverage under this section shall be provided by:

(1) the Secretary of Health as specified in § 4–217 of the Health – General Article; and

(2) licensed funeral directors as specified in § 7–407 of the Health Occupations Article.

(i) An employer that fails to provide notice or an election notification form under this section is not liable to a qualified secondary beneficiary or the insured for benefits that otherwise would have been payable or for other damages that result from the failure to provide the notice or form.

(j) An employer that terminates continuation coverage after notice or nonpayment of an amount required under subsection (d)(2) of this section by a qualified secondary beneficiary, or an insurer that terminates continuation coverage after notice by the employer, is not liable to a qualified secondary beneficiary for benefits that otherwise would have been payable under this section if the termination:

(1) is made in good faith;

(2) is reasonable under the circumstances; and

(3) is not the result of a mutual or material mistake of fact.

(k) This section does not affect or limit the right of a qualified secondary beneficiary to conversion privileges under a group contract.
Md. Code, State Finance and Procurement § 15-215 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-215
§15–215.
Status: in_force

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

(b) (1) “Contract claim” means a claim that relates to a procurement contract.

(2) “Contract claim” includes a claim about the performance, breach, modification, or termination of the procurement contract.

(c) “Interested party” means an actual or a prospective bidder, offeror, or contractor that may be aggrieved by the solicitation or award of a contract, or by the protest.

(d) (1) “Protest” means a complaint that relates to the formation of a procurement contract.

(2) “Protest” includes a complaint about:

(i) the qualifications of a bidder or offeror; or

(ii) the determination of the successful bidder or offeror.
Md. Code, Transportation § 15-201.1 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-201.1
§15–201.
Status: in_force

§15–201.1.

This subtitle does not apply to manufacturers or distributors of, or factory branches for, recreational vehicles.
Md. Code, Environment § 15-309 — MD Code / Article gen / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

A person may not forge or counterfeit a certificate or permit of competence, or any official copy, or knowingly make or cause to be made any false statement in any certificate, permit, or any official copy provided for by this subtitle, or urge another to do so, or knowingly use any forged or false certificate, permit, or official copy, or knowingly make, give, alter, or produce, or use any false declaration, representation, or statement in any certificate, permit, or official copy or obtain any certificate, permit, or any document containing the official copy.
Md. Code, Insurance § 15-813 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-813
§15–813.
Status: in_force

(a) This section applies to each group or blanket health insurance policy that:

(1) is issued or delivered in the State;

(2) is issued or delivered to an entity that is incorporated or has a main office in the State; or

(3) covers individuals who reside or work in the State.

(b) Each insurer that proposes to issue a policy subject to this section that provides benefits for temporary disability shall offer the policyholder the option of providing benefits for temporary disability caused or contributed to by pregnancy or childbirth.

(c) The benefits under this section shall be provided to the same extent and on the same terms as the benefits provided for any other covered disability.
Md. Code, Business Occupations and Professions § 15-203 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

(a) From among the members of the Board, the Governor shall appoint a chairman.

(b) From among its members, the Board annually shall elect a vice chairman and a secretary.

(c) The manner of election of officers shall be as the Board determines.
Md. Code, Criminal Procedure § 15-105 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

A State’s Attorney shall prepare and submit to the Division of Parole and Probation and the Division of Correction a summary of the facts and evidence in each case tried in the circuit court for the county served by the State’s Attorney in which:

(1) the defendant was sentenced to imprisonment for 18 months or more; and

(2) the Division of Parole and Probation did not prepare a presentence investigation report.
Md. Code, Estates and Trusts § 15-523 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-523
§15–523.
Status: in_force

A trustee shall make the following disbursements from income to the extent that they are not disbursements to which § 15–503(c)(2) or (3) of this subtitle apply:

(1) One–half of the regular compensation of the trustee and any person providing investment advisory or custodial services to the trustee;

(2) One–half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;

(3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and

(4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Md. Code, Insurance § 15-10D-05 — MD Code / Article gin / Title 15 / Subtitle 10D / Section 15-10D-05
§15–10D–05.
Status: in_force

A carrier shall provide the notices required to be provided to members under this subtitle in a culturally and linguistically appropriate manner as described in the Affordable Care Act.
Md. Code, Health Occupations § 15-302.1 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-302.1
§15–302.
Status: in_force

§15–302.1.

(a) In this section, “exempt facility” means:

(1) A hospital;

(2) An ambulatory surgical facility;

(3) A federally qualified health center; or

(4) Another practice setting listed on a hospital delineation of privileges document.

(b) Except as provided in subsection (e) of this section, a physician assistant may perform advanced duties without Board approval if the advanced duty will be performed in an exempt facility and:

(1) The physician assistant is supervised by a physician with credentials that have been reviewed by the exempt facility as a condition of employment as an independent contractor or as a member of the medical staff;

(2) The physician assistant has credentials that have been reviewed by the exempt facility as a condition of employment as an independent contractor or as a member of the medical staff; and

(3) The advanced duty to be delegated to the physician assistant is reviewed and approved in a process approved by the exempt facility before the physician assistant performs the advanced duty.

(c) (1) Subject to paragraph (2) of this subsection and subsection (d) of this section and except as provided in subsection (e) of this section, a physician assistant may perform advanced duties in a practice setting that is not an exempt facility only after the physician assistant obtains Board approval of the advanced duty under the collaboration agreement.

(2) (i) Subject to subparagraph (ii) of this paragraph, a physician assistant may perform X–ray duties authorized under § 14–306(e) of this article in the medical office of a patient care team physician only after the physician assistant obtains Board approval of the X–ray duty under the collaboration agreement.

(ii) A collaboration agreement may authorize the delegation of X–ray duties limited to nonfluoroscopic X–ray procedures of the extremities, anterior–posterior and lateral, not including the head.

(d) A physician assistant may not perform the medical acts of administering general anesthesia or neuroaxial anesthesia, including spinal, epidural, and image guided interventional spine procedures.

(e) A physician assistant may perform an advanced duty in collaboration with a patient care team physician without prior approval of the Board if:

(1) The Board has previously approved the physician assistant to perform the advanced duty in collaboration with a patient care team physician; or

(2) The physician assistant has at least 7,000 hours of clinical practice experience.

(f) If an advanced duty requires Board approval, the Committee:

(1) Shall review the collaboration agreement;

(2) May conduct a personal interview of the physician assistant and patient care team physicians; and

(3) May recommend to the Board that the collaboration agreement be modified to ensure conformance with the requirements of this title.

(g) (1) On review of the Committee’s recommendations regarding the request of a patient care team physician to delegate advanced duties as described in a collaboration agreement, the Board may modify the performance of advanced duties under a collaboration agreement if the physician assistant does not meet the applicable education, training, and experience requirements to perform the specified advanced duties.

(2) If the Board makes a modification under paragraph (1) of this subsection, the Board:

(i) Shall notify the delegating patient care team physician listed in the collaboration agreement and the physician assistant in writing of the particular elements of the advanced duty approval request that were the cause for the modification; and

(ii) May not restrict the submission of an amendment to the advanced duty.

(h) Documentation demonstrating a physician assistant’s authority to perform an advanced duty under this section shall be maintained at the facility in which the physician assistant is performing the advanced duty.

(i) Individual members of the Board are not civilly liable for actions regarding the approval, modification, or disapproval of an advanced duty under the collaboration agreement described in this section.
Md. Code, Education § 15-109 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-109
§15–109.
Status: in_force

(a) This section applies only to a public institution of higher education that owns, manages, or maintains a steam system or an electric system for the purpose of providing services exclusively for the benefit of the institution.

(b) A person that enters into an agreement or lease with a public institution of higher education to facilitate or undertake the financing, whole or partial ownership, operation, generation, construction, distribution, or maintenance of an on–site steam or electric generation, production, or distribution system for the institution may not be considered a public service company, as defined in § 1–101 of the Public Utilities Article, subject to the jurisdiction of the Public Service Commission as a result of the financing, leasing, ownership, operation, control, management, construction, distribution, or maintenance of the steam or electric system.
Md. Code, Estates and Trusts § 15-605 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

(a) When disclosing the digital assets of a user under this subtitle, a custodian may in its sole discretion:

(1) Grant a fiduciary or designated recipient full access to the user’s account;

(2) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3) Provide a fiduciary or designated recipient a copy in a record of a digital asset that, on the date that the custodian received the request for disclosure, the user could have accessed if the user were alive or had full capacity and had access to the account.

(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this subtitle.

(c) A custodian need not disclose under this subtitle a digital asset deleted by a user.

(d) (1) If a user directs or a fiduciary requests a custodian to disclose only a portion of the user’s digital assets under this subtitle, the custodian need not disclose the assets if segregation of the digital assets would impose an undue burden on the custodian.

(2) If the custodian believes under paragraph (1) of this subsection that the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from a court to disclose:

(i) A subset, limited by date, of the user’s digital assets;

(ii) All of the user’s digital assets to the fiduciary or designated recipient;

(iii) None of the user’s digital assets; or

(iv) All of the user’s digital assets to the court for review in camera.
Md. Code, Insurance § 15-108 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

Each insurer that issues or delivers individual, group, or blanket health insurance policies in the State shall establish record keeping procedures that allow review for overutilization and abuse of the use of hospital, health, and medical services that may result from the actions or activities of the policyholders or certificate holders of the insurer or the providers of hospital, health, and medical services to the insured individuals.
Md. Code, Estates and Trusts § 15-506 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-506
§15–506.
Status: in_force

(a) A trustee shall allocate an income receipt or disbursement other than one to which § 15–503(b) of this subtitle applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

(b) (1) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date.

(2) An income receipt or disbursement shall be treated as accruing from day to day if its due date is not periodic or it has no due date.

(3) The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal and the balance shall be allocated to income.

(c) (1) An item of income or an obligation is due on the date the payer is required to make a payment.

(2) If a payment date is not stated, there is no due date for the purposes of this subtitle.

(3) Distributions to shareholders or other owners from an entity to which § 15–508 of this subtitle applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution.

(4) A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
Md. Code, Land Use § 15-113 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

(a) The Commission may:

(1) exercise the powers, duties, and functions provided in this division;

(2) use a common seal;

(3) sue and be sued; and

(4) do any other corporate act necessary to carry out this division.

(b) The Commission may raise the defense of partial governmental immunity described under § 5–512 of the Courts Article.
Md. Code, Insurance § 15-1630 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1630
§15–1630.
Status: in_force

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

(b) A pharmacy benefits manager shall establish a reasonable internal review process for a pharmacy to request the review of a failure to pay the contractual reimbursement amount of a submitted claim.

(c) A pharmacy may request a pharmacy benefits manager to review a failure to pay the contractual reimbursement amount of a claim within 180 calendar days after the date the submitted claim was paid by the pharmacy benefits manager.

(d) The pharmacy benefits manager shall give written notice of its review decision within 90 calendar days after receipt of a request for review from a pharmacy under this section.

(e) If the pharmacy benefits manager determines through the internal review process established under subsection (b) of this section that the pharmacy benefits manager underpaid a pharmacy, the pharmacy benefits manager shall pay any money due to the pharmacy within 30 working days after completion of the internal review process.

(f) This section may not be construed to limit the ability of a pharmacy and a pharmacy benefits manager to contractually agree that a pharmacy may have more than 180 calendar days to request an internal review of a failure of the pharmacy benefits manager to pay the contractual amount of a submitted claim.
Md. Code, Estates and Trusts § 15-204 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) Except as provided in subsection (b) of this section, if a check or other bill of exchange is drawn by a fiduciary or in the name of the fiduciary’s principal by a fiduciary empowered to draw the instrument in the name of the principal, the payee is not bound to inquire whether the fiduciary is committing a breach of the obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of the obligation as fiduciary unless the payee takes the instrument with actual knowledge of the breach or with knowledge of the facts that the action of the payee in taking the instrument amounts to bad faith.

(b) If an instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of the obligation as fiduciary in drawing or delivering the instrument.
Md. Code, Insurance § 15-832.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-832.1
§15–832.
Status: in_force

§15–832.1.

(a) In this section, “mastectomy” means the surgical removal of all or part of a breast as a result of breast cancer.

(b) This section applies to:

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

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

(c) An entity subject to this section shall provide coverage for the cost of inpatient hospitalization services for a patient for a minimum of 48 hours following a mastectomy.

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

(e) (1) For a patient who receives less than 48 hours of inpatient hospitalization following a mastectomy or who undergoes a mastectomy on an outpatient basis, an entity subject to this section shall provide coverage for:

(i) one home visit scheduled to occur within 24 hours after discharge from the hospital or outpatient health care facility; and

(ii) an additional home visit if prescribed by the patient’s attending physician.

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

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

(1) advocating the interest of a mastectomy patient through the entity’s utilization review or appeals system;

(2) advocating more than 48 hours of inpatient hospital care for a patient with complications related to a mastectomy; or

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

(g) An entity subject to this section may not refuse reimbursement under subsection (e)(1) of this section if the services do not occur within the time specified.

(h) An entity subject to this section shall provide notice annually to insureds and enrollees about the coverage provided by this section.
Md. Code, Insurance § 15-309 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

(a) Except as provided in subsections (b) through (d) of this section, benefits under a policy of blanket health insurance are payable to the insured, beneficiaries designated by the insured, or estate of the insured.

(b) If the insured is under the age of 18 years or is mentally incompetent, benefits under a policy of blanket health insurance may be made payable to the insured’s parents, guardian, or other person who supports the insured.

(c) If the employer has paid the entire cost of a policy of blanket health insurance, benefits under the policy may be made payable to the employer.

(d) (1) Subject to paragraph (2) of this subsection, a policy of blanket health insurance may contain a provision that all or part of the benefits provided by the policy for hospital, nursing, medical, or surgical services, at the insurer’s option, may be paid directly to the hospital or person that provides the services.

(2) A policy of blanket health insurance may not require that hospital, nursing, medical, or surgical services be provided by a particular hospital or person.

(3) A direct payment made under paragraph (1) of this subsection discharges the insurer’s obligation with respect to the amount paid.
Md. Code, Estates and Trusts § 15-211 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

This subtitle may be cited as the Maryland Uniform Fiduciaries Act.
Md. Code, Insurance § 15-10B-09 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-09
§15–10B–09.
Status: in_force

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

(b) Except as provided in subsections (c) and (d) of this section, the criteria and standards used by a private review agent or health maintenance organization in performing utilization review of hospital services related to maternity and newborn care, including length of stay, shall be in accordance with the medical criteria outlined in the most current version of the “Guidelines for Perinatal Care” prepared by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists.

(c) Subject to the provisions of subsection (d) of this section, a private review agent or health maintenance organization performing utilization review of hospital services related to maternity and newborn care shall authorize a minimum coverage of:

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

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

(d) (1) The private review agent or health maintenance organization may authorize a shorter length of stay than that provided in subsection (c) of this section if the mother, in consultation with her attending provider, decides that less time is needed for recovery.

(2) For a mother and newborn child who have a hospital stay shorter in length than that provided under subsection (c) of this section, the private review agent or health maintenance organization performing utilization review shall authorize:

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

(ii) an additional home visit as may be prescribed by the attending provider.

(3) For a mother and newborn child who remain in the hospital for at least the period of time provided under subsection (c) of this section, the private review agent or health maintenance organization performing utilization review shall authorize a home visit as may be prescribed by the attending provider.

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

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

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

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

(e) (1) The private review agent or health maintenance organization may not require additional documentation from, require additional utilization review of, or otherwise provide financial disincentives for an attending provider who orders care for which coverage is required to be provided under this section, § 19-703 of the Health - General Article, or § 15-811 of this title.

(2) The private review agent, hospital, or health maintenance organization may not deny, limit, or otherwise impair the participation of an attending provider under a contract or any privilege granted an attending provider who advocates more than 48 hours of inpatient hospital care following a complicated vaginal delivery or more than 96 hours of inpatient hospital care following a complicated cesarean section.
Md. Code, Health Occupations § 15-206 — MD Code / Article gho / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

§15–206. IN EFFECT

(a) (1) The Board shall set reasonable fees for:

(i) The issuance and renewal of licenses; and

(ii) The other services rendered by the Board in connection with physician assistants, including the cost of providing a rehabilitation program for physician assistants under § 14–401.1(g) of this article.

(2) (i) In addition to the fee set by the Board under this title for the renewal of a license, the Board shall assess a separate $15 fee for a renewal of the license.

(ii) The Board shall pay the fee collected under subparagraph (i) of this paragraph to the Physician Assistant Preceptorship Tax Credit Fund established under § 10–752 of the Tax – General Article.

(b) Except as provided in subsection (a)(2)(ii) of this section, the Board shall pay all fees collected under this title to the Comptroller of the State.

(c) (1) In each fiscal year, if the Department does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – General Article and the Governor does not include in the State budget at least $400,000 for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute:

(i) $400,000 of the fees received from the Board to the Department to be used to make grants under the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article to physicians and physician assistants engaged in primary care or to medical residents specializing in primary care who agree to practice for at least 2 years as primary care physicians in a geographic area of the State that has been designated by the Secretary as being medically underserved; and

(ii) The balance of the fees to the Board of Physicians Fund.

(2) If the Governor includes in the State budget at least the amount specified in paragraph (1) of this subsection for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute the fees to the Board of Physicians Fund.

§15–206. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 416 OF 2025 //

(a) The Board shall set reasonable fees for:

(1) The issuance and renewal of licenses; and

(2) The other services rendered by the Board in connection with physician assistants, including the cost of providing a rehabilitation program for physician assistants under § 14–401.1(g) of this article.

(b) The Board shall pay all fees collected under this title to the Comptroller of the State.

(c) (1) In each fiscal year, if the Department does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – General Article and the Governor does not include in the State budget at least $400,000 for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute:

(i) $400,000 of the fees received from the Board to the Department to be used to make grants under the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article to physicians and physician assistants engaged in primary care or to medical residents specializing in primary care who agree to practice for at least 2 years as primary care physicians in a geographic area of the State that has been designated by the Secretary as being medically underserved; and

(ii) The balance of the fees to the Board of Physicians Fund.

(2) If the Governor includes in the State budget at least the amount specified in paragraph (1) of this subsection for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute the fees to the Board of Physicians Fund.
Md. Code, Insurance § 15-916 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-916
§15–916.
Status: in_force

(a) The Commissioner shall prepare in clear, plain English the text of a Medicare supplement buyer’s guide that carriers must provide to prospective buyers of Medicare supplement policies under this section.

(b) The buyer’s guide shall:

(1) contain an outline of Medicare coverage; and

(2) include advice and other information about purchasing Medicare supplement policies, including a reference to the right of the buyer to cancel a Medicare supplement policy during the first 30 days after it is delivered, as provided in § 15-910 of this subtitle.

(c) The Commissioner shall submit the text of the buyer’s guide for publication in the Maryland Register and at the same time send a copy of the text to the Department of Aging.

(d) The carrier or insurance producer of the carrier shall deliver to the prospective buyer a Medicare supplement buyer’s guide that is printed in at least 12-point type:

(1) before accepting an application;

(2) when an existing policy is converted to a Medicare supplement policy; and

(3) at any other time required by the Commissioner by regulation.

(e) A carrier shall provide:

(1) a copy of the Medicare supplement buyer’s guide to an individual covered under a group health insurance policy when the individual becomes eligible for Medicare by reason of age; and

(2) any information required under § 15-919 of this subtitle that is applicable to the continuing coverage under the group health insurance policy of the individual eligible for Medicare.

(f) (1) The text of the Medicare supplement buyer’s guide shall be as the Commissioner submits for publication under subsection (c) of this section.

(2) The form of the Medicare supplement buyer’s guide shall be as required by the Commissioner by regulation.
Md. Code, Insurance § 15-1216 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1216
§15–1216.
Status: in_force

(a) The Commissioner shall establish the Maryland Small Employer Health Reinsurance Pool.

(b) The Pool shall be operational and may reinsure claims in accordance with this subtitle on or after July 1, 1994.

(c) (1) The reinsuring carriers shall elect a Board of Directors to be composed of seven members.

(2) The Board shall include representation from carriers whose principal business in health insurance comprises small employers and, to the extent possible, at least one nonprofit health service plan, at least one commercial carrier, and at least one health maintenance organization.

(3) A carrier, including its affiliates, may not be represented by more than one member on the Board.

(4) The term of a member is 3 years except that the terms of initial members shall be staggered for periods of 1 to 3 years.

(5) At the end of a term, a member continues to serve until a successor is elected.

(6) Vacancies shall be filled by an election of the remaining Board members.

(7) A member who is elected after a term has begun serves only for the rest of the term and until a successor is elected.

(8) A member who serves two consecutive full 3–year terms may not be reelected for 3 years after the completion of those terms.

(d) The Board shall choose a Chairman.

(e) (1) The Board shall appoint an Executive Director, who shall be the chief administrative officer of the Pool.

(2) The Executive Director serves at the pleasure of the Board.

(3) Under the direction of the Board, the Executive Director shall perform any duty or function that the Board requires.

(f) The Pool may employ a staff in accordance with the budget of the Pool.

(g) (1) The Board shall submit to the Commissioner a plan of operation to ensure the fair, reasonable, and financially sound administration of the Pool.

(2) The Commissioner may amend or rescind a plan of operation if the Commissioner finds that the Pool is not operating in a fair, reasonable, and financially sound manner.
Md. Code, Alcoholic Beverages and Cannabis § 15-201 — MD Code / Article gab / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

There is a Board of License Commissioners for Caroline County.
Md. Code, Education § 15-124 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-124
§15–124.
Status: in_force

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

(1) An active service member; and

(2) A veteran who has received an honorable discharge or a certificate of satisfactory completion of service.

(b) Subject to subsection (c) of this section, a public institution of higher education shall grant priority registration for courses to an eligible service member.

(c) The priority registration requirement under subsection (b) of this section:

(1) Applies only within 15 years after the eligible service member was last on active duty; and

(2) Does not apply after an eligible service member’s fourth academic year.

(d) Each public institution of higher education shall adopt policies necessary to implement this section.
Md. Code, Environment § 15-205 — MD Code / Article gen / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

(a) (1) Before any person conducts surface coal mining and reclamation operations, the person shall obtain the Committee’s approval of the reclamation plan for the site.

(2) 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.

(3) The Committee shall publish a public notice that it has received a proposed reclamation plan from the applicant.

(i) The public notice shall be published in a newspaper of general circulation in the county of the proposed mining and reclamation operation.

(ii) The public notice shall include the name of the applicant, the ownership of the land to be affected, a description of the location of the proposed operation, the location where the application is available for public inspection, and notice that written comments and requests for a public informational hearing will be received by the Committee for at least 30 days after the newspaper publication.

(4) If a hearing is requested, the Committee shall hold a public informational hearing on the proposed reclamation plan. The Committee shall notify the applicant and any person who requests a 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.

(5) Any public informational hearing shall be at least 15 but not more than 60 days after the Committee provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the proposed reclamation plan, in writing, until the date of any hearing.

(6) The Committee shall approve or reject the proposed reclamation plan. If a public informational hearing is requested, the Committee shall approve or reject the proposed reclamation plan after the hearing. If the proposed reclamation plan is rejected, the applicant shall be notified in writing of the reason for rejection or the Committee’s suggested modifications. The applicant may resubmit the plan with corrections or the Committee’s suggested modifications. If the changes are made, the Committee may approve the reclamation plan.

(7) The Committee shall notify the applicant, the Department, and any participants to a hearing, of its decision.

(b) The Committee shall determine that revegetation of reclaimed surface coal mined land meets the revegetation standards of the regulatory program before the Department may release any bond held to assure revegetation of the land.

(c) If the Committee has reason to believe that a violation of the subtitle, regulations, or permit conditions exists, the Committee shall notify the Department. The Department shall provide the Committee with a report that indicates the results of an inspection, or the reason why no action was taken.
Md. Code, Criminal Procedure § 15-108 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) (1) For the limited purpose of furthering an ongoing criminal investigation, a State’s Attorney or a deputy State’s Attorney designated in writing by the State’s Attorney may issue in the county served by the State’s Attorney a subpoena to a person to produce telephone, business, governmental, or corporate records or documents.

(2) The subpoena may be served in the same manner as one issued by a circuit court.

(b) (1) A person may have an attorney present during any contact made under subsection (a) of this section with a State’s Attorney or an agent of the State’s Attorney.

(2) The State’s Attorney shall advise a person of the right to counsel when the subpoena is served.

(c) (1) (i) The State’s Attorney immediately may report the failure of a person to obey a lawfully served subpoena under subsection (a) of this section to the circuit court of the county served by the State’s Attorney.

(ii) The State’s Attorney shall provide a copy of the subpoena and proof of service to the circuit court.

(2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (a) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.

(d) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
Md. Code, Transportation § 15-706 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-706
§15–706.
Status: in_force

Each applicant for a license shall furnish and maintain with the Administration, as to each of its vehicles used for instruction, proof of financial responsibility in the form and amount that the Administration requires.
Md. Code, State Finance and Procurement § 15-211 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

(a) The Appeals Board shall have jurisdiction to hear and decide all appeals arising from the final action of a unit:

(1) on a protest relating to the formation of a procurement contract, including a violation of § 13–212.1 of this article; or

(2) except for a contract claim relating to a lease of real property, on a contract claim by a contractor or a unit concerning:

(i) breach;

(ii) performance;

(iii) modification; or

(iv) termination.

(b) A decision of the Appeals Board is final, subject to any judicial review.
Md. Code, Insurance § 15-1005 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1005
§15–1005.
Status: in_force

(a) In this section, “clean claim” means a claim for reimbursement, as defined in regulations adopted by the Commissioner under § 15–1003 of this subtitle.

(b) To the extent consistent with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., this section applies to an insurer, nonprofit health service plan, or health maintenance organization that acts as a third party administrator.

(c) Except as provided in § 15–1315 of this title and subsection (i) of this section, within 30 days after receipt of a claim for reimbursement from a person entitled to reimbursement under § 15–701(a) of this title or from a hospital or related institution, as those terms are defined in § 19–301 of the Health – General Article, an insurer, nonprofit health service plan, or health maintenance organization shall:

(1) mail or otherwise transmit payment for the claim in accordance with this section; or

(2) send a notice of receipt and status of the claim that states:

(i) that the insurer, nonprofit health service plan, or health maintenance organization refuses to reimburse all or part of the claim and the reason for the refusal;

(ii) that, in accordance with § 15–1003(d)(1)(ii) of this subtitle, the legitimacy of the claim or the appropriate amount of reimbursement is in dispute and additional information is necessary to determine if all or part of the claim will be reimbursed and what specific additional information is necessary; or

(iii) that the claim is not clean and the specific additional information necessary for the claim to be considered a clean claim.

(d) (1) (i) In this subsection, “credit card” means a credit, debit, prepaid, or stored–value card used to make a payment through a private card network.

(ii) “Credit card” includes a method of payment to a provider where no physical card is presented.

(2) An insurer, a nonprofit health service plan, or a health maintenance organization may pay a claim under subsection (c) of this section, or a portion of a claim under subsection (f) of this section, using a credit card or an electronic funds transfer payment method that imposes on the provider a fee or similar charge to process the payment if:

(i) the insurer, nonprofit health service plan, or health maintenance organization notifies the provider in advance of the payment that:

1. a fee or similar charge associated with the use of the credit card or electronic funds transfer payment method will apply; and

2. the provider will need to consult the provider’s merchant processor or financial institution for the specific rates;

(ii) the insurer, nonprofit health service plan, or health maintenance organization offers the provider an alternative payment method that does not impose a fee or similar charge on the provider; and

(iii) the provider or the provider’s designee elects to accept payment of the claim or a portion of the claim using the credit card or electronic funds transfer payment method.

(3) If a provider participates on a provider panel of an insurer, a nonprofit health service plan, or a health maintenance organization, the acceptance by the provider or the provider’s designee of a payment method offered under paragraph (2)(ii) of this subsection or elected under paragraph (2)(iii) of this subsection shall apply to all claims paid for by the insurer, nonprofit health service plan, or health maintenance organization unless otherwise notified by the provider or the provider’s designee.

(e) (1) An insurer, nonprofit health service plan, or health maintenance organization shall permit a provider a minimum of 180 days from the date a covered service is rendered to submit a claim for reimbursement for the service.

(2) If an insurer, nonprofit health service plan, or health maintenance organization wholly or partially denies a claim for reimbursement, the insurer, nonprofit health service plan, or health maintenance organization shall permit a provider a minimum of 90 working days after the date of denial of the claim to appeal the denial.

(3) If an insurer, nonprofit health service plan, or health maintenance organization erroneously denies a provider’s claim for reimbursement submitted within the time period specified in paragraph (1) of this subsection because of a claims processing error, and the provider notifies the insurer, nonprofit health service plan, or health maintenance organization of the potential error within 1 year of the claim denial, the insurer, nonprofit health service plan, or health maintenance organization, on discovery of the error, shall reprocess the provider’s claim without the necessity for the provider to resubmit the claim, and without regard to timely submission deadlines.

(f) (1) If an insurer, nonprofit health service plan, or health maintenance organization provides notice under subsection (c)(2)(i) of this section, the insurer, nonprofit health service plan, or health maintenance organization shall mail or otherwise transmit payment for any undisputed portion of the claim within 30 days of receipt of the claim, in accordance with this section.

(2) If an insurer, nonprofit health service plan, or health maintenance organization provides notice under subsection (c)(2)(ii) of this section, the insurer, nonprofit health service plan, or health maintenance organization shall:

(i) mail or otherwise transmit payment for any undisputed portion of the claim in accordance with this section; and

(ii) comply with subsection (c)(1) or (2)(i) of this section within 30 days after receipt of the requested additional information.

(3) If an insurer, nonprofit health service plan, or health maintenance organization provides notice under subsection (c)(2)(iii) of this section, the insurer, nonprofit health service plan, or health maintenance organization shall comply with subsection (c)(1) or (2)(i) of this section within 30 days after receipt of the requested additional information.

(g) (1) If an insurer, nonprofit health service plan, or health maintenance organization fails to pay a clean claim for reimbursement or otherwise violates any provision of this section, the insurer, nonprofit health service plan, or health maintenance organization shall pay interest on the amount of the claim that remains unpaid 30 days after receipt of the initial clean claim for reimbursement at the monthly rate of:

(i) 1.5% from the 31st day through the 60th day;

(ii) 2% from the 61st day through the 120th day; and

(iii) 2.5% after the 120th day.

(2) The interest paid under this subsection shall be included in any late reimbursement without the necessity for the person that filed the original claim to make an additional claim for that interest.

(h) An insurer, nonprofit health service plan, or health maintenance organization that violates a provision of this section is subject to:

(1) a fine not exceeding $500 for each violation that is arbitrary and capricious, based on all available information; and

(2) the penalties prescribed under § 4–113(d) of this article for violations committed with a frequency that indicates a general business practice.

(i) (1) An insurer, a nonprofit health service plan, or a health maintenance organization may suspend review of a claim for reimbursement for a preauthorized or approved health care service if the insurer, nonprofit health service plan, or health maintenance organization sends written notice within 30 days after receipt of the claim that informs the person filing the claim, that:

(i) review of the claim is suspended during the second or third month of a grace period under 45 C.F.R. § 156.270(d); and

(ii) on receipt of the payment of premium, the insurer, nonprofit health service plan, or health maintenance organization is required to comply with paragraph (2) of this subsection.

(2) Within 30 days after receipt of the payment of premium, an insurer, a nonprofit health service plan, or a health maintenance organization shall comply with subsection (c)(1) or (2) of this section.
Md. Code, Estates and Trusts § 15-602 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

This subtitle does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
Md. Code, Transportation § 15-104 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

The Administration shall issue a license under this title to an applicant if:

(1) The applicant has complied with the provisions of this title that apply to that license; and

(2) The applicant otherwise is entitled to a license.
Md. Code, Insurance § 15-921 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-921
§15–921.
Status: in_force

The Commissioner may adopt reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of health insurance policies, subscriber contracts, or certificates by individuals eligible for Medicare.
Md. Code, Environment § 15-523 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-523
§15–523.
Status: in_force

(a) On application of the Department, acting through the Attorney General, verified by oath, the circuit court for the county where a mining operation is located may, by appropriate order, enforce compliance with or enjoin the violation of any order, notice, rule, regulation or permit of the Department issued under this subtitle.

(b) The provisions of this section are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.
Md. Code, Insurance § 15-811 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-811
§15–811.
Status: in_force

(a) Each insurer and nonprofit health service plan that issues or delivers an individual, group, or blanket health insurance policy in the State that provides hospitalization benefits for normal pregnancy shall provide hospitalization benefits for childbirth to the same extent as the hospitalization benefits provided in the policy for any covered illness.

(b) (1) In addition to the provisions of subsection (a) of this section and § 15-812 of this subtitle, whenever a mother is required to remain hospitalized after childbirth for medical reasons and the mother requests that the newborn remain in the hospital, the insurer or nonprofit health service plan shall pay the cost of additional hospitalization for the newborn for up to 4 days.

(2) The attending physician or certified nurse midwife of the mother, or designee of the attending physician or certified nurse midwife, shall provide notice to the mother of the provisions of paragraph (1) of this subsection.
Md. Code, Insurance § 15-503 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

An insurer or nonprofit health service plan may not deny, cancel, or refuse to renew an individual, group, or blanket health insurance policy solely because the insured has been exposed to diethylstilbestrol, commonly known as DES.
Md. Code, Insurance § 15-1642 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1642
§15–1642.
Status: in_force

(a) It is a violation of this subtitle for a pharmacy benefits manager to:

(1) misrepresent pertinent facts or policy provisions that relate to a claim or the compensation program at issue in a complaint or an appeal of a decision regarding a complaint;

(2) refuse to pay a claim for an arbitrary or capricious reason based on all available information;

(3) fail to settle a claim or dispute promptly whenever liability is reasonably clear under one part of a policy or contract, in order to influence settlements under other parts of the policy or contract; or

(4) fail to act in good faith.

(b) It is a violation of this subtitle for a pharmacy benefits manager, when committed at a frequency to indicate a general business practice, to:

(1) misrepresent pertinent facts or policy provisions that relate to a claim, the compensation program, or the coverage at issue in a complaint or an appeal of a decision regarding a complaint;

(2) fail to make a prompt, fair, and equitable good–faith attempt to settle claims for which liability has become reasonably clear;

(3) fail to settle a claim promptly whenever liability is reasonably clear under one part of a policy or contract, in order to influence settlements under other parts of the policy or contract; or

(4) refuse to pay a claim for an arbitrary or capricious reason based on all available information.

(c) If the Commissioner determines that a pharmacy benefits manager has violated any provision of this subtitle or any regulation adopted under this subtitle, the Commissioner may issue an order that requires the pharmacy benefits manager to:

(1) cease and desist from the identified violation and further similar violations;

(2) take specific affirmative action to correct the violation;

(3) make restitution of money, property, or other assets to a person that has suffered financial injury because of the violation; or

(4) pay a fine in an amount determined by the Commissioner.

(d) (1) An order of the Commissioner issued under this section may be served on a pharmacy benefits manager that is registered under Part II of this subtitle in the manner provided in § 2–204 of this article.

(2) An order of the Commissioner issued under this section may be served on a pharmacy benefits manager that is not registered under Part II of this subtitle in the manner provided in § 4–206 or § 4–207 of this article for service on an unauthorized insurer that does an act of insurance business in the State.

(3) A request for a hearing on any order issued under this section does not stay that portion of the order that requires the pharmacy benefits manager to cease and desist from conduct identified in the order.

(4) The Commissioner may file a petition in the circuit court of any county to enforce an order issued under this section, whether or not a hearing has been requested or, if requested, whether or not a hearing has been held.

(5) If the Commissioner prevails in an action brought under this section, the Commissioner may recover, for the use of the State, reasonable attorney’s fees and the costs of the action.

(e) In addition to any other enforcement action taken by the Commissioner under this section, the Commissioner may impose a civil penalty not exceeding $10,000 for each violation of this subtitle.

(f) The Commissioner may adopt regulations:

(1) to carry out this subtitle; and

(2) to establish a complaint process to address grievances and appeals brought in accordance with this subtitle.

(g) This section does not limit any other regulatory authority of the Commissioner under this article.
Md. Code, Economic Development § 15-104 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

(a) There is a Baltimore City Community Enhancement Transit–Oriented Development Fund.

(b) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
Md. Code, State Finance and Procurement § 15-107 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

After a unit pays a semifinal estimate on a procurement contract, the unit shall place any retainage remaining in its possession in an interest bearing escrow account.
Md. Code, Alcoholic Beverages and Cannabis § 15-1702 — MD Code / Article gab / Title 15 / Subtitle 17 / Section 15-1702
§15–1702.
Status: in_force

(a) Subject to subsection (b) of this section, if a holder of a license for the use of a business or club wishes to substitute on the license the name of an officer of the business or club, the license holder may file a petition for substitution with the Board instead of filing an application for transfer of the license.

(b) The Board may approve the petition only if the license holder demonstrates that the substitute officer is fit to engage in the business authorized by this article.
Md. Code, Education § 15-117 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-117
§15–117.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the standard number of credits required for a baccalaureate degree from a public senior higher education institution is 120 credit hours.

(2) The standard number of credits required under paragraph (1) of this subsection does not apply if:

(i) The degree program is defined as a 5–year baccalaureate program;

(ii) Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 120 credits; or

(iii) Certification requirements result in a need for credit hours in excess of 120.

(b) (1) Except as provided in paragraph (2) of this subsection, beginning with fall 2015, the standard number of credits required for an associate’s degree from a public community college is 60 credit hours.

(2) The standard number of credits required under paragraph (1) of this subsection does not apply if:

(i) The degree program is defined as more than a 2–year associate’s degree;

(ii) Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 60 credits; or

(iii) Certification requirements result in a need for credit hours in excess of 60.

(3) A public community college shall consider a course or program for English as a second language or English language learner as eligible for either world language or humanities credit, or both, toward a student’s associate’s degree if the course is not classified by the public community college as a remedial course.

(c) The governing board of a public institution of higher education, in consultation with the Commission, may approve additional exceptions to the credit hour requirements under subsections (a) and (b) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-1301 — MD Code / Article gab / Title 15 / Subtitle 13 / Section 15-1301
§15–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”);

(2) § 4–1204 (“Class C per diem beer, wine, and liquor license”);

(3) § 4–1205 (“License fees”);

(4) § 4–1206 (“License to dispose of stock”);

(5) § 4–1207 (“Temporary move of licensed premises”);

(6) § 4–1208 (“Hours and days of sale”); and

(7) § 4–1209 (“Wine permit for fund–raising event”).

(b) Section 4–1202 (“Per diem licenses”) of Division I of this article applies in the county, subject to § 15–1307 of this subtitle.
Md. Code, Insurance § 15-10B-04 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-04
§15–10B–04.
Status: in_force

(a) An applicant for a certificate shall:

(1) submit an application to the Commissioner; and

(2) pay to the Commissioner the application fee established by the Commissioner through regulation.

(b) The application shall:

(1) be on a form and accompanied by any supporting documentation that the Commissioner requires; and

(2) be signed and verified by the applicant.

(c) The fees required under subsection (a)(2) of this section or § 15-10B-10(b)(2) of this subtitle shall be sufficient to pay for the administrative costs of the certificate program and any other costs associated with carrying out the provisions of this subtitle.
Md. Code, Estates and Trusts § 15-618 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-618
§15–618.
Status: in_force

This subtitle applies to:

(1) A fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016;

(2) A personal representative acting for a decedent who died before, on, or after October 1, 2016;

(3) A guardianship proceeding, whether pending in a court or commenced before, on, or after October 1, 2016;

(4) A trustee acting under a trust created before, on, or after October 1, 2016; and

(5) A custodian if the user resides in this State or resided in this State at the time of the user’s death.
Md. Code, Insurance § 15-2011 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2011
§15–2011.
Status: in_force

(a) A pharmacy services administrative contract shall include a provision that requires the pharmacy services administrative organization to provide to the independent pharmacy an electronic or paper copy of any contracts, amendments, payment schedules, or reimbursement rates within 5 working days after the execution of a contract, or an amendment to a contract, signed on behalf of the independent pharmacy by the pharmacy services administrative organization.

(b) A pharmacy services administrative contract may prohibit an independent pharmacy from disclosing the documents provided to the independent pharmacy under subsection (a) of this section to any competitor of the pharmacy services administrative organization.
Md. Code, Environment § 15-605 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

(a) A person may not continue or commence operation of any deep mine as an operator within the State without first obtaining a license from the Department.

(b) The application for a license shall be made in writing on a form the Department furnishes and accompanied by a $200 fee. The application shall contain the information concerning the applicant that the Department requires. If a corporation, partnership, or association submits the application, it shall contain the information concerning officers, directors, and principal owners that the Department requires. Subject to subsection (c) of this section, a license is renewable annually on application made on or before January 1 of the next succeeding year and payment of a $10 renewal fee.

(c) (1) The Secretary shall investigate each application for a license or renewal.

(2) The Secretary may not issue a license to or renew the license of an applicant if the Secretary finds that the applicant:

(i) Failed to correct a violation of any rule or regulation adopted under this subtitle;

(ii) Failed to comply with any provision of this subtitle; or

(iii) Forfeited any bond posted in connection with deep mining activities in any state.

(3) With respect to an application of a corporation, partnership, or association, the Secretary may not issue a license to or renew the license of the applicant, if the Secretary finds that any of its officers, directors, or principal owners:

(i) Failed and continues to fail to comply with any provision of this subtitle;

(ii) Is or has been an officer, or principal owner of any other corporation, partnership, or association that previously failed and continues to fail to comply with any provision of this subtitle; or

(iii) Forfeited any bond posted in connection with deep mining activity in any state.

(4) The provisions of this subsection are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.
Md. Code, Insurance § 15-1407 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1407
§15–1407.
Status: in_force

A carrier may not require an individual member of a group to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual, based on any health status-related factor.
Md. Code, Commercial Law § 15-207 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud present or future creditors, is fraudulent as to both present and future creditors.
Md. Code, Transportation § 15-212.1 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-212.1
§15–212.
Status: in_force

§15–212.1.

(a) Upon the filing of a claim, a manufacturer, factory branch, or distributor shall compensate a dealer for any incentive or reimbursement program sponsored by the manufacturer, factory branch, or distributor, under the terms of which the dealer is eligible for compensation.

(b) (1) A claim filed under this section shall be:

(i) In the manner and form prescribed by the manufacturer, factory branch, or distributor; and

(ii) Approved or disapproved within 30 days of receipt.

(2) A claim not approved or disapproved within 30 days of receipt shall be deemed approved.

(3) Payment of a claim filed under this section shall be made within 30 days of approval.

(c) (1) If a claim filed under this section is shown by the manufacturer, factory branch, or distributor to be false or unsubstantiated, the manufacturer, factory branch, or distributor may charge back the claim within 6 months from the payment of the incentive or reimbursement.

(2) This paragraph does not limit the right of a manufacturer, factory branch, or distributor to:

(i) Conduct an audit of any claim filed under this section; or

(ii) Charge back for any claim that is proven to be fraudulent.

(3) An audit under this paragraph shall be conducted according to generally accepted accounting principles.

(d) A manufacturer, distributor, or factory branch may not refuse to pay, or claim reimbursement from, a dealer for sales, incentives, or payments related to a motor vehicle sold by the dealer because the purchaser of the motor vehicle exported or resold the motor vehicle in violation of the policy of the manufacturer, distributor, or factory branch unless the manufacturer, distributor, or factory branch can show that, at the time of sale, the dealer knew or should have known of the purchaser’s intention to export or resell the motor vehicle.

(e) (1) This subsection applies only to an incentive payment, a reimbursement payment, cash, a gift, or a thing of value earned by an employee of a dealer on or after May 1, 2009.

(2) (i) An incentive payment, a reimbursement payment, cash, a gift, or a thing of value to be given by a manufacturer, distributor, or factory branch to an employee of a dealer may be given:

1. Directly to the employee; or

2. To the dealer to be distributed to the employee.

(ii) An incentive payment, a reimbursement payment, or cash given to a dealer for distribution to an employee under this paragraph shall be distributed to the employee as part of the payroll process after the appropriate payroll deductions have been made by the dealer.

(3) A manufacturer, distributor, or factory branch shall make information available to a dealer about any incentive payment, reimbursement payment, cash, gift, or thing of value totaling more than $200 in a calendar year that is given directly to an employee of the dealer.
Md. Code, Insurance § 15-709 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-709
§15–709.
Status: in_force

(a) In this section, “nurse midwife” means a licensed registered nurse who is certified as a nurse midwife by the American College of Nurse-Midwives.

(b) Each insurer that proposes to issue, renew, amend, or reissue an individual, group, or blanket health insurance policy in the State that is written on an expense-incurred basis shall offer the option of providing benefits for expenses that arise from services rendered by a nurse midwife.

(c) Each nonprofit health service plan that proposes to issue, renew, amend, or reissue a health insurance policy in the State shall offer the option of providing benefits for expenses that arise from services rendered by a nurse midwife.

(d) (1) This subsection applies to each individual, group, or blanket health insurance policy, contract, or certificate of an insurer or nonprofit health service plan that:

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

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

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

(ii) is issued, renewed, amended, or reissued on or after July 1, 1979; and

(iii) if issued by an insurer, is written on an expense-incurred basis.

(2) Notwithstanding any other provision of a policy, contract, or certificate subject to this subsection, if the policy, contract, or certificate provides for reimbursement for a service that is within the lawful scope of practice of a nurse midwife, the insured or any other person covered by the policy, contract, or certificate is entitled to reimbursement for the service regardless of whether the service is performed by a physician or nurse midwife.

(e) A policy that provides benefits under this section for services rendered by a nurse midwife may not require, as a condition for the payment of benefits, that the nurse midwife be employed by a physician or act under a physician’s orders.

(f) The utilization of health insurance benefits provided under this section for services rendered by a nurse midwife is subject to review by a peer review committee appointed by the State Board of Nursing.
Md. Code, Alcoholic Beverages and Cannabis § 15-1504 — MD Code / Article gab / Title 15 / Subtitle 15 / Section 15-1504
§15–1504.
Status: in_force

(a) If a license application is denied on grounds relating to the suitability of the applicant, the Board may not receive another application from the applicant for any type of license at any premises for 6 months after the denial.

(b) If a license application is denied on grounds relating to the suitability of the location described in the application, the Board may not receive any type of license application for the location for 1 year after the denial.
Md. Code, Insurance § 15-1317 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1317
§15–1317.
Status: in_force

(a) A carrier that sells health benefit plans to individuals in the State shall establish an initial open enrollment period that begins October 1, 2013, and extends through March 31, 2014.

(b) A carrier shall accept all applicants who apply for coverage during the initial open enrollment period.

(c) If an application is received by a carrier during the initial open enrollment period, coverage for the applicant shall begin no later than:

(1) January 1, 2014, if the application is received on or before December 15, 2013;

(2) the first day of the following month, if the application is received between the first and fifteenth day, inclusive, of January, February, or March; and

(3) the first day of the second following month, if the application is received between the sixteenth day and the last day, inclusive, of December, January, February, or March.
Md. Code, Insurance § 15-132 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-132
§15–132.
Status: in_force

(a) In this section, “carrier” has the meaning stated in § 19–142 of the Health – General Article.

(b) A carrier shall provide incentives to health care providers in accordance with the requirements of Title 19, Subtitle 1, Part IV of the Health – General Article.
Md. Code, Health - General § 15-121.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-121.3
§15–121.
Status: in_force

§15–121.3.

The Department may assign its right of subrogation under §§ 15-120, 15-121.1, and 15-121.2 of this subtitle to a managed care organization.
Md. Code, Education § 15-132 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-132
§15–132.
Status: in_force

If an institution of higher education provides an identification card to students, the institution:

(1) Shall provide the telephone number for Maryland’s Helpline, or an on–campus crisis center that operates 24 hours a day and 365 days a year, on the card or on a sticker affixed to the card; and

(2) May also provide the telephone numbers for the National Suicide Prevention Lifeline, the Crisis Text Line, the National Domestic Violence Hotline, or any on–campus crisis center on the card or on a sticker affixed to the card.
Md. Code, Insurance § 15-832 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-832
§15–832.
Status: in_force

(a) This section applies to:

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

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

(b) For a patient who receives less than 48 hours of inpatient hospitalization following the surgical removal of a testicle, or who undergoes the surgical removal of a testicle on an outpatient basis, an entity subject to this section shall provide coverage for:

(1) one home visit scheduled to occur within 24 hours after discharge from the hospital or outpatient health care facility; and

(2) an additional home visit if prescribed by the patient’s attending physician.

(c) Each entity subject to this section shall provide notice annually to its enrollees and insureds about the coverage required under this section.
Md. Code, Education § 15-122 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-122
§15–122.
Status: in_force

(a) This section applies only to an institution of higher education that awards a degree that an individual may use to meet the educational requirements for licensure under the Health Occupations Article as a physician, advanced practice nurse, dentist, physician assistant, or podiatrist.

(b) An institution of higher education subject to this section shall offer instruction in substance use disorders, effective treatment for substance use disorders, and pain management.
Md. Code, Insurance § 15-1201 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1201
§15–1201.
Status: in_force

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

(b) “Board” means the Board of Directors of the Pool established under § 15–1216 of this subtitle.

(c) “Carrier” means a person that:

(1) offers health benefit plans in the State covering eligible employees of small employers; and

(2) is:

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

(ii) a nonprofit health service plan that is licensed to operate in the State;

(iii) a health maintenance organization that is licensed to operate in the State; or

(iv) any other person or organization that provides health benefit plans subject to State insurance regulation.

(d) “Commission” means the Maryland Health Care Commission established under Title 19, Subtitle 1 of the Health – General Article.

(e) “Coverage level” has the meaning stated in § 31–101 of this article.

(f) (1) “Eligible employee” means an employee who is offered coverage under a health benefit plan by a small employer.

(2) “Eligible employee”, at the option of the small employer, may include:

(i) only full–time employees; or

(ii) full–time employees and part–time employees.

(g) “Employee” means an individual who is employed by a small employer.

(h) (1) “Full–time employee” means, with respect to a calendar month, an employee of a small employer who works, on average, at least 30 hours per week.

(2) “Full–time employee” does not include a seasonal employee as defined in federal law.

(i) (1) “Health benefit plan” means:

(i) a policy or certificate for hospital or medical benefits issued by an insurer;

(ii) a nonprofit health service plan contract; or

(iii) a health maintenance organization subscriber or group master contract.

(2) “Health benefit plan” includes a policy or certificate for hospital or medical benefits that covers residents of this State who are eligible employees and that is issued through:

(i) a multiple employer trust or association located in this State or another state; or

(ii) a professional employer organization, coemployer, or other organization located in this State or another state that engages in employee leasing.

(3) “Health benefit plan” does not include:

(i) accident–only insurance;

(ii) credit health insurance;

(iii) disability income insurance;

(iv) coverage issued as a supplement to liability insurance;

(v) workers’ compensation or similar insurance;

(vi) automobile medical payment insurance;

(vii) the following benefits, if the benefits are provided under a separate policy, certificate, or contract, or are not otherwise an integral part of a small employer health benefit plan:

1. dental benefits;

2. vision benefits; or

3. long–term care insurance as defined in § 18–101 of this article;

(viii) disease–specific insurance if:

1. the benefits are provided under a separate policy, certificate, or contract;

2. there is no coordination between the provision of the benefits and an exclusion of benefits under any group health plan maintained by the same employer; and

3. the benefits are paid with respect to an event, without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same employer;

(ix) hospital indemnity or other fixed indemnity insurance if:

1. the benefits are provided under a separate policy, certificate, or contract;

2. there is no coordination between the provision of the benefits and an exclusion of benefits under any group health plan maintained by the same employer;

3. the benefits are paid with respect to an event, without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same employer; and

4. the benefits are payable in a fixed dollar amount per period of time, regardless of the amount of expenses incurred; or

(x) the following supplemental benefits, if the benefits are provided under a separate policy, certificate, or contract:

1. a Medicare supplement policy as defined in § 15–901 of this title;

2. coverage supplemental to the coverage provided under Chapter 55, Title 10 of the United States Code; and

3. similar supplemental coverage provided to coverage under a group health plan if the coverage qualifies for the exception described in 45 C.F.R. § 146.145(b)(5)(i)(C).

(j) “Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.

(k) “Health status–related factor” means a factor related to:

(1) health status;

(2) medical condition;

(3) claims experience;

(4) receipt of health care;

(5) medical history;

(6) genetic information;

(7) evidence of insurability including conditions arising out of acts of domestic violence; or

(8) disability.

(l) “Late enrollee” means an eligible employee or dependent who requests enrollment in a health benefit plan after the initial enrollment period provided under the health benefit plan.

(m) “Minimum essential coverage” has the meaning stated in 45 C.F.R. § 155.20.

(n) “Part–time employee” means an employee of a small employer who:

(1) has a normal workweek of at least 17.5 hours; and

(2) is not a full–time employee.

(o) “Plan year” means a calendar year or other consecutive 12–month period during which a health benefit plan provides coverage for health care services.

(p) “Pool” means the Maryland Small Employer Health Reinsurance Pool established under this subtitle.

(q) “Preexisting condition” means:

(1) a condition existing during a specified period immediately preceding the effective date of coverage, that would have caused an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment; or

(2) a condition for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period immediately preceding the effective date of coverage.

(r) “Preexisting condition provision” means a provision in a health benefit plan that denies, excludes, or limits benefits for an enrollee for expenses or services related to a preexisting condition.

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

(t) “Qualified health plan” has the meaning stated in § 31–101 of this article.

(u) “Reinsuring carrier” means a carrier that participates in the Pool.

(v) “Risk–assuming carrier” means a carrier that does not participate in the Pool.

(w) “SHOP Exchange” has the meaning stated in § 31–101 of this article.

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

(y) “Special enrollment period” means a period during which a group health plan shall permit certain individuals who are eligible for coverage, but not enrolled, to enroll for coverage under the terms of the group health benefit plan.

(z) “Standard Plan” means the Comprehensive Standard Health Benefit Plan adopted by the Commission in accordance with § 15–1207 of this subtitle and Title 19, Subtitle 1 of the Health – General Article.

(aa) “Wellness benefit” means a benefit that:

(1) includes a bona fide wellness program as defined in § 15–509 of this title; and

(2) complies with regulations adopted by the Commission.

(bb) (1) “Wellness program” means a program or activity that:

(i) is designed to improve health status and reduce health care costs; and

(ii) complies with guidelines developed by the Commission.

(2) “Wellness program” includes programs and activities for:

(i) smoking cessation;

(ii) reduction of alcohol misuse;

(iii) weight reduction;

(iv) nutrition education; and

(v) automobile and motorcycle safety.
Md. Code, Health - General § 15-159 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-159
§15–159.
Status: in_force

If the Program covers the delivery of anesthesia for a procedure for which a licensed medical professional issues an order, the Program:

(1) Shall provide coverage for:

(i) The delivery of anesthesia for the entire duration of the procedure; and

(ii) Medical care related to the delivery of anesthesia for the procedure that is provided immediately before and after the procedure; and

(2) May not establish, implement, or enforce a policy, practice, or procedure that places time limitations on the delivery of anesthesia.
Md. Code, Business Regulation § 15-208 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) In this section, “accessible room” means a room in a lodging establishment that is required to be in compliance with the transient lodging requirements of the Americans with Disabilities Act.

(b) Subject to subsection (c) of this section, each accessible room in a lodging establishment shall be furnished with a bed that:

(1) measures at least 20 inches but not more than 23 inches high from the floor to the top of the mattress, whether or not the mattress is compressed; and

(2) has at least a 7–inch vertical clearance under the bed for lift access.

(c) (1) Beginning December 31, 2022, each lodging establishment shall furnish at least 25% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.

(2) Beginning December 31, 2023, each lodging establishment shall furnish at least 50% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.

(3) Beginning December 31, 2024, each lodging establishment shall furnish at least 75% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.

(4) Beginning December 31, 2025, each accessible room in a lodging establishment shall be furnished with a bed that meets the requirements of subsection (b) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-1902 — MD Code / Article gab / Title 15 / Subtitle 19 / Section 15-1902
§15–1902.
Status: in_force

(a) (1) The individual certified by an approved alcohol awareness program may be absent from the licensed premises for an emergency if the absence lasts for not more than 2 hours.

(2) The Board shall require the license holder to keep a log book on the licensed premises that documents each temporary absence, the length of time of the absence, and the reason for the absence, in the form that the Board requires.

(b) A license holder who violates this section is subject to:

(1) for a first offense, a $100 fine; and

(2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.
Md. Code, Business Regulation § 15-210 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

(a) (1) The Governor’s Office of Crime Prevention and Policy and the Department shall approve educational training programs for the accurate and prompt identification and reporting of suspected human trafficking.

(2) A training program approved under this subsection must include a video presentation that:

(i) defines:

1. exploitation of a child; and

2. human trafficking; and

(ii) offers guidance to employees of innkeepers on:

1. recognizing potential victims of human trafficking;

2. the differences between labor and sex trafficking that are specific to the hotel industry;

3. activities commonly associated with human trafficking; and

4. the role of employees in reporting and responding to human trafficking.

(b) (1) An innkeeper shall provide a new employee of the lodging establishment with the annual training described in subsection (a) of this section within 90 days after the date the employee is hired.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, on or before October 1, 2023, and each October 1 thereafter, an innkeeper shall certify to the Department that all employees of the lodging establishment have received the annual training prescribed by this section.

(ii) The requirement under this paragraph does not apply to an employee for whom fewer than 90 days have elapsed since the date the employee was hired.

(c) An innkeeper shall:

(1) establish a procedure for reporting potential instances of human trafficking by:

(i) an employee to the innkeeper; and

(ii) the innkeeper to:

1. law enforcement; or

2. the National Human Trafficking Resource Center Hotline;

(2) implement a human trafficking prevention policy for the innkeeper’s employees that includes how to:

(i) recognize potential victims of human trafficking;

(ii) respond to an individual who may be or is a victim of human trafficking; and

(iii) connect an individual who may be or is a victim of human trafficking with any available resources; and

(3) post prominently the sign developed by the Department under § 15–207 of this subtitle in a location conspicuous to the innkeeper’s employees.
Md. Code, Insurance § 15-701 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-701
§15–701.
Status: in_force

(a) (1) This subsection applies to each individual or group health insurance policy, contract, or certificate that is:

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

(ii) issued, renewed, amended, or reissued on or after July 1, 1984.

(2) Notwithstanding any other provision of a policy, contract, or certificate subject to this subsection, if the policy, contract, or certificate provides for reimbursement for a service that is within the lawful scope of practice of a health care provider licensed under the Health Occupations Article, the insured or any other person covered by or entitled to reimbursement under the policy, contract, or certificate is entitled to reimbursement for the service.

(b) An individual or group disability insurance policy or contract that is delivered or issued for delivery in the State may not contain a provision that precludes a licensed health care provider from attesting to the rendition of service that is within the lawful scope of practice of the attesting provider.
Md. Code, Health - General § 15-141.5 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-141.5
§15–141.
Status: in_force

§15–141.5.

(a) Subject to subsections (b) and (c) of this section, the Program shall provide remote ultrasound procedures and remote fetal nonstress tests using current procedural terminology codes if:

(1) The patient is in a residence or a location other than the office of the patient’s provider; and

(2) The provider follows the same standard of care that the provider would follow when providing the services on–site.

(b) The Program shall require that a provider offering a remote ultrasound procedure or remote fetal nonstress test use digital technology:

(1) To collect any health data from the patient and electronically transmit the information in a secure manner to a health care provider in a different location for interpretation and recommendations;

(2) That is compliant with the federal Health Insurance Portability and Accountability Act of 1996; and

(3) That is approved by the federal Food and Drug Administration.

(c) (1) The Program shall provide reimbursement for a remote fetal nonstress test in the same manner as an on–site fetal nonstress test.

(2) A remote fetal nonstress test for which reimbursement is provided under paragraph (1) of this subsection shall require the use of remote monitoring solutions that are cleared by the federal Food and Drug Administration for on–label use for monitoring:

(i) Fetal heart rate;

(ii) Maternal heart rate; and

(iii) Uterine activity.

(d) The Program shall issue guidance for Program providers to carry out this section.
Md. Code, Estates and Trusts § 15-607 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-607
§15–607.
Status: in_force

Unless a user prohibited disclosure of digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of the user a catalogue of electronic communications sent or received by the user and the digital assets of the user, other than the content of the electronic communications, if the personal representative provides the custodian:

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

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

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

(4) If requested by the custodian:

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

(ii) Evidence linking the account to the user;

(iii) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or

(iv) A finding by the court that:

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

2. Disclosure of the catalogue of electronic communications of the user is reasonably necessary for administration of the estate.
Md. Code, Commercial Law § 15-302 — MD Code / Article gcl / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

(a) An assignment of wages is not valid unless:

(1) The assignment is:

(i) In writing;

(ii) Signed and acknowledged by the assignor before a notary public in and for the county where he resides; and

(iii) Entered the same day on the docket of the court by the clerk; and

(2) Within three days from the execution and acknowledgment of the assignment, a copy of the assignment with the certificate of acknowledgment is served on the assignor’s employer in the same manner as the Maryland Rules provide for service of a summons.

(b) An assignment of wages by a married person is not valid unless also executed and acknowledged by the assignor’s spouse in the manner required by subsection (a) of this section.

(c) An assignment of wages to be earned in whole or in part more than six months after the making of the assignment is void.
Md. Code, Insurance § 15-105 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

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

(2) “Breast implant” means a pocket or envelope that is surgically inserted under the skin and contains soft silicone gel, saline solution, or a combination of soft silicone gel and saline solution.

(3) “Breast implant-related condition” means a condition that the federal Food and Drug Administration recognizes as possibly linked to breast implants.

(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 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 information to the Commissioner about the entity’s:

(1) coverage for breast implant removals and breast implant-related conditions; and

(2) preexisting condition provisions in policies for individuals with breast implants.

(d) (1) On request, the Commissioner shall make available to consumers and licensed physicians the information collected under subsection (c) of this section.

(2) When providing the information, the Commissioner may include a statement that the Commissioner does not guarantee the accuracy of the information.

(3) The Commissioner may set a fee to cover the cost of providing the information under paragraph (1) of this subsection.

(e) A licensed physician may make available to a patient the information obtained from the Commissioner under subsection (d) of this section.

(f) The Commissioner shall adopt regulations to carry out this section, including regulations that determine the extent and format of the information required under subsection (c) of this section.
Md. Code, Education § 15-135 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-135
§15–135.
Status: in_force

(a) In this section, “student athlete” means a student enrolled at a public institution of higher education who participates in an intercollegiate athletic program at the institution.

(b) (1) The governing body of a public institution of higher education shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:

(i) The requirements or preferences of the student athlete’s religion or culture; or

(ii) The student athlete’s own preferences for modesty.

(2) A student athlete may not be required to receive approval from a coach, an administrator, or the governing body of the public institution of higher education before making the uniform modification.

(c) (1) A modification to an athletic or team uniform may include the wearing of:

(i) A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;

(ii) An undershirt; or

(iii) Leggings.

(2) A modification to an athletic or team uniform may not:

(i) Interfere with the movement of the student athlete; or

(ii) Pose a safety hazard to the student athlete, other student athletes, or others.

(3) A student athlete may modify the uniform headgear if the modified headgear:

(i) Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;

(ii) Does not cover any part of the face, unless required for the safety of the wearer;

(iii) Is not dangerous to the student athlete, other student athletes, or others;

(iv) Does not have opening or closing elements around the face or neck; and

(v) Does not have parts protruding from its surface.

(d) (1) A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.

(2) This subsection may not be construed to prohibit a public institution of higher education from providing the uniform modification to the student.
Md. Code, Insurance § 15-10B-16 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-16
§15–10B–16.
Status: in_force

The Commissioner may establish reporting requirements to:

(1) evaluate the effectiveness of private review agents; and

(2) determine if the utilization review programs are in compliance with the provisions of this section and applicable regulations.
Md. Code, Insurance § 15-1633.1 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1633.1
§15–1633.
Status: in_force

§15–1633.1

A pharmacy benefits manager or its agent may not request a therapeutic interchange unless:

(1) the proposed therapeutic interchange is for medical reasons that benefit the beneficiary; or

(2) the proposed therapeutic interchange will result in financial savings and benefits to the purchaser or the beneficiary.
Md. Code, Environment § 15-1203 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1203
§15–1203.
Status: in_force

(a) (1) On or after October 1, 2011, a surface owner of real property that is subject to a mineral interest may maintain an action to terminate a dormant mineral interest.

(2) A mineral interest is dormant for the purpose of this subtitle if:

(i) The mineral interest is unused for a period of 20 or more years preceding the commencement of termination of the mineral interest; and

(ii) Notice of the mineral interest was not recorded during the period of 20 or more years preceding the commencement of termination of the mineral interest.

(b) (1) The action must be in the nature of and require the same notice as is required in an action to quiet title as set forth in § 14–108 of the Real Property Article.

(2) The action may be maintained, whether or not the owner of the severed mineral interest is an unknown or missing owner.

(c) (1) Except as provided in paragraph (4) of this subsection, the following actions taken by or under the authority of an owner of a mineral interest in relation to any mineral that is part of the mineral interest shall constitute use of the entire mineral interest owned by that owner:

(i) Active mineral operations on or below the surface of the real property or other property utilized or pooled with the real property, including production, geophysical exploration, exploratory or developmental drilling, mining, exploitation, and development of minerals; and

(ii) Recordation of an instrument that creates, reserves, or otherwise evidences a claim to, or the continued existence of, the mineral interest, including an instrument that transfers, leases, or divides the interest.

(2) Payment of the following taxes by or under the authority of an owner of the taxed mineral interest shall constitute use of the entire mineral interest that is taxed and any other mineral interest that is not taxed but on which the owner owns all or a partial interest:

(i) A tax on a separate assessment of a mineral interest in accordance with § 8–229 of the Tax – Property Article;

(ii) A transfer tax relating to a mineral that is part of the mineral interest in accordance with § 8–229 of the Tax – Property Article; or

(iii) A severance tax relating to a mineral that is part of the mineral interest in accordance with § 8–229 of the Tax – Property Article.

(3) A judgment or decree that makes a specific reference to any mineral that is part of the mineral interest recorded by or under the authority of an owner of the mineral interest shall constitute use of the mineral interest specified in the judgment or decree.

(4) The injection of substances for the purpose of disposal or storage does not constitute use of a mineral interest.

(d) (1) A surface owner of real property that is subject to a mineral interest who brings an action to terminate a dormant mineral interest in accordance with this section shall bring the action in the circuit court of the jurisdiction in which the real property is located.

(2) A court order that terminates a mineral interest merges the terminated mineral interest, including express and implied appurtenant surface rights and obligations, with the surface estate in shares proportionate to the ownership of the surface estate, subject to existing liens for taxes or assessments.

(3) (i) A court order that terminates a mineral interest shall identify:

1. The mineral interest;

2. Each surface estate into which the mineral interest is merged, including the tax map and parcel number;

3. The name of each surface owner;

4. If known, the name of each person that owned the mineral interest prior to the termination date; and

5. Any information determined by the court as appropriate to describe the effect of the termination and merger of the mineral interest.

(ii) The clerk of the court that issued the order shall record the order in the land records.

(e) This section shall apply notwithstanding any provision to the contrary in:

(1) The instrument that creates, reserves, transfers, leases, divides, or otherwise evidences the claim to, or the continued existence of, the mineral interest; or

(2) Another recorded document, unless the instrument or other recorded document provides an earlier termination date.
Md. Code, Insurance § 15-10B-06 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-06
§15–10B–06.
Status: in_force

(a) (1) Except as otherwise provided in this subsection, a private review agent shall:

(i) make all initial determinations on whether to authorize or certify a nonemergency course of treatment or health care service, including pharmaceutical services not submitted electronically, for a patient within 2 working days after receipt of the information necessary to make the determination;

(ii) make all determinations on whether to authorize or certify an extended stay in a health care facility or additional health care services within 1 working day after receipt of the information necessary to make the determination;

(iii) make all determinations to authorize or certify a request for additional visits or days of care submitted as part of an existing course of treatment or treatment plan within 1 working day after receipt of the information necessary to make the determination; and

(iv) promptly notify the health care provider of the determination.

(2) After receipt of the initial request for health care services and confirming through a complete review of information already submitted by the health care provider, if the private review agent determines that the private review agent does not have sufficient information to make a determination, the private review agent shall promptly, but not later than 3 calendar days after receipt of the initial request, inform the health care provider that additional information must be provided by specifying:

(i) the information, including any lab or diagnostic test or other medical information, that must be submitted to complete the request; and

(ii) the criteria and standards to support the need for additional information.

(b) If a private review agent requires prior authorization for an emergency inpatient admission, or an admission for residential crisis services as defined in § 15–840 of this title, for the treatment of a mental, emotional, or substance abuse disorder, the private review agent shall:

(1) make all determinations on whether to authorize or certify an inpatient admission, or an admission for residential crisis services as defined in § 15–840 of this title, within 2 hours after receipt of the information necessary to make the determination;

(2) if additional information is needed, promptly request the specific information needed, including any lab or diagnostic test or other medical information; and

(3) promptly notify the health care provider of the determination.

(c) (1) For a step therapy exception request submitted electronically in accordance with a process established under § 15–142(f) of this title or a prior authorization request submitted electronically for pharmaceutical services, a private review agent shall make a determination:

(i) in real time if:

1. no additional information is needed by the private review agent to process the request; and

2. the request meets the private review agent’s criteria for approval; or

(ii) if a request is not approved in real time under item (i) of this paragraph, within 1 working day after the private review agent receives all of the information necessary to make the determination.

(2) If additional information is needed to make a determination after confirming through a complete review of the information already submitted by the health care provider, the private review agent shall request the information promptly, but not later than 3 calendar days after receipt of the initial request, by specifying:

(i) the information, including any lab or diagnostic test or other medical information, that must be submitted to complete the request; and

(ii) the criteria and standards to support the need for the additional information.

(d) (1) (i) Except as provided in subsections (g) and (h) of this section, a private review agent shall make initial determinations on whether to authorize or certify an emergency course of treatment or health care service for a member within 24 hours after the initial request after receipt of the information necessary to make the determination.

(ii) If the private review agent determines that additional information is needed after confirming through a complete review of the information already submitted by the health care provider, the private review agent shall:

1. promptly request the specific information needed, including any lab or diagnostic test or other medical information; and

2. promptly, but not later than 2 hours after receipt of the information, notify the health care provider of an authorization or certification determination when made by the private review agent.

(2) A private review agent shall initiate the expedited procedure for an emergency case if the patient or the patient’s representative requests or if the health care provider attests that the services are necessary to treat a condition or illness that, without immediate medical attention, would:

(i) seriously jeopardize the life or health of the member or the member’s ability to regain maximum functions;

(ii) cause the member to be in danger to self or others; or

(iii) cause the member to continue using intoxicating substances in an imminently dangerous manner.

(e) If a private review agent fails to make a determination within the time limits required under this section, the request shall be deemed approved.

(f) (1) If an initial determination is made by a private review agent not to authorize or certify a health care service and the health care provider believes the determination warrants an immediate reconsideration, a private review agent shall provide the health care provider the opportunity to speak with the physician that rendered the determination, by telephone on an expedited basis, within a period of time not to exceed 24 hours of the health care provider seeking the reconsideration.

(2) If the physician is unable to immediately speak with the health care provider seeking the reconsideration, the physician shall provide the health care provider with the following contact information for the health care provider to use to contact the physician:

(i) a direct telephone number that is not the general customer call number; or

(ii) a monitored e–mail address that is dedicated to communication related to utilization review.

(g) For emergency inpatient admissions, a private review agent may not render an adverse decision solely because the hospital did not notify the private review agent of the emergency admission within 24 hours or other prescribed period of time after that admission if the patient’s medical condition prevented the hospital from determining:

(1) the patient’s insurance status; and

(2) if applicable, the private review agent’s emergency admission notification requirements.

(h) (1) Subject to paragraph (2) of this subsection, a private review agent may not render an adverse decision as to an admission of a patient during the first 24 hours after admission when:

(i) the admission is based on a determination that the patient is in imminent danger to self or others;

(ii) the determination has been made by the patient’s physician or psychologist in conjunction with a member of the medical staff of the facility who has privileges to make the admission; and

(iii) the hospital immediately notifies the private review agent of:

1. the admission of the patient; and

2. the reasons for the admission.

(2) A private review agent may not render an adverse decision as to an admission of a patient to a hospital for up to 72 hours, as determined to be medically necessary by the patient’s treating physician, when:

(i) the admission is an involuntary admission under §§ 10–615 and 10–617(a) of the Health – General Article; and

(ii) the hospital immediately notifies the private review agent of:

1. the admission of the patient; and

2. the reasons for the admission.

(i) (1) A private review agent that requires a health care provider to submit a treatment plan in order for the private review agent to conduct utilization review of proposed or delivered services for the treatment of a mental illness, emotional disorder, or a substance abuse disorder:

(i) shall accept:

1. the uniform treatment plan form adopted by the Commissioner under § 15–10B–03(d) of this subtitle as a properly submitted treatment plan form; or

2. if a service was provided in another state, a treatment plan form mandated by the state in which the service was provided; and

(ii) may not impose any requirement to:

1. modify the uniform treatment plan form or its content; or

2. submit additional treatment plan forms.

(2) A uniform treatment plan form submitted under the provisions of this subsection:

(i) shall be properly completed by the health care provider; and

(ii) may be submitted by electronic transfer.
Md. Code, Insurance § 15-901 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-901
§15–901.
Status: in_force

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

(b) “Applicant” means:

(1) for an individual Medicare supplement policy or subscriber contract, the individual who seeks to contract for insurance benefits; or

(2) for a group Medicare supplement policy or subscriber contract, the proposed certificate holder.

(c) “Carrier” means an insurer, nonprofit health service plan, or fraternal benefit society that is authorized to issue health insurance policies under this article.

(d) “Certificate” means a certificate that is delivered or issued for delivery in the State under a group Medicare supplement policy.

(e) “Certificate form” means the form on which the certificate is delivered or issued for delivery in the State by the carrier.

(f) “CMS” means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

(g) “Medicaid” means the Health Insurance for the Aged Act, Title XIX of the Social Security Amendments of 1965, as amended.

(h) “Medicare” means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended.

(i) “Medicare benefit period” means the unit of time used in the Medicare Program to measure use of services and availability of benefits under Medicare Part A.

(j) “Medicare eligible expense” means a health care expense of the kind covered by Medicare to the extent the service for which the expense was incurred is considered reasonable under Medicare rules and regulations.

(k) (1) “Medicare supplement policy” or “Medigap policy” means an individual or group policy of health insurance or subscriber contract that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of individuals eligible for Medicare.

(2) “Medicare supplement policy” or “Medigap policy” does not include:

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

(ii) a policy that is issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act.

(l) “Policy” includes:

(1) a policy that is issued to an individual;

(2) a certificate, as that term is used in Title 14, Subtitle 1 of this article, that is issued to an individual subscriber;

(3) a certificate, as that term is used in Title 8, Subtitle 4 of this article, that is issued to a member of a fraternal benefit society; and

(4) a group policy authorized to be issued under this article.

(m) “Policy form” means the form on which the policy is delivered or issued for delivery in the State by the carrier.