Md. Code, Health - General § 19-701 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-701
§19–701.
Status: in_force

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

(b) “Benefit package” means a set of health care services to be provided to a member of a health maintenance organization under a contract that entitles the member to the health care services, whether the services are provided:

(1) Directly by a health maintenance organization; or

(2) Through a contract or arrangement with another person.

(c) “Commissioner” means the State Insurance Commissioner.

(d) “Covered service” means a health care service included in the benefit package of the health maintenance organization and rendered to a member or subscriber of the health maintenance organization by:

(1) A provider under contract with the health maintenance organization, when the service is obtained in accordance with the terms of the benefit contract of the member or subscriber; or

(2) A noncontracting provider under § 19–710.1 of this subtitle, when the service is:

(i) Obtained in accordance with the terms of the benefit contract of the member or subscriber;

(ii) Obtained pursuant to a verbal or written referral by:

1. The health maintenance organization of the member or subscriber; or

2. A provider under written contract with the health maintenance organization of the member or subscriber; or

(iii) Preauthorized or otherwise approved either verbally or in writing by:

1. The health maintenance organization of the member or subscriber; or

2. A provider under written contract with the health maintenance organization of the member or subscriber.

(e) “Emergency medical condition” means a medical condition, including a mental health condition or substance use disorder, that manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson, who possesses an average knowledge of health and medicine, to result in a condition described in § 1867(e)(1) of the Social Security Act.

(e–1) (1) “Emergency services” means, with respect to an emergency medical condition:

(i) A medical screening examination that is within the capability of the emergency department of a hospital or freestanding medical facility, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition;

(ii) Any other examination or treatment within the capabilities of the staff and facilities available at the hospital or freestanding medical facility that is necessary to stabilize the patient, regardless of the department of the hospital in which the examination or treatment is furnished; or

(iii) Except as provided in paragraph (3) of this subsection, additional covered items and services furnished by a health care provider of emergency services that does not have a contractual relationship with the carrier after the patient is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which the services described in items (i) and (ii) of this paragraph are furnished.

(2) “Emergency services” includes services described in paragraph (1) of this subsection that are provided in specialized facilities that are staffed by behavioral health providers trained to provide crisis services.

(3) Subject to § 19–710(p) of this subtitle and § 14–205.2 of the Insurance Article, “emergency services” does not include items and services described in paragraph (1)(iii) of this subsection if all of the conditions in 45 C.F.R. § 149.410(b) are met.

(f) (1) “Health care services” means services, medical equipment, and supplies that are provided by a provider.

(2) “Health care services” includes:

(i) Ambulance services;

(ii) Appliances, drugs, medicines, and supplies;

(iii) Chiropractic care and services;

(iv) Convalescent institutional care;

(v) Dental care and services;

(vi) Extended care;

(vii) Family planning or infertility services;

(viii) Health education services;

(ix) Home health care or medical social services;

(x) Inpatient hospital services;

(xi) Laboratory, radiological, or other diagnostic services;

(xii) Medical care and services;

(xiii) Mental health services;

(xiv) Nursing care and services;

(xv) Nursing home care;

(xvi) Optical care and services;

(xvii) Optometric care and services;

(xviii) Osteopathic care and services;

(xix) Outpatient services;

(xx) Pharmaceutical services;

(xxi) Physical therapy care and services;

(xxii) Podiatric care and services;

(xxiii) Preventive medical services;

(xxiv) Psychological care and services;

(xxv) Rehabilitative services;

(xxvi) Surgical care and services;

(xxvii) Treatment for alcoholism or drug abuse; and

(xxviii) 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.

(g) “Health maintenance organization” means any person, including a profit or nonprofit corporation organized under the laws of any state or country, that:

(1) Operates or proposes to operate in this State;

(2) Except as provided in § 19–703(b) and (e) of this subtitle, provides or otherwise makes available to its members health care services that include at least physician, hospitalization, laboratory, X–ray, emergency, and preventive services, out–of–area coverage, and any other health care services that the Commissioner determines to be available generally on an insured or prepaid basis in the area serviced by the health maintenance organization, and, at the option of the health maintenance organization, may provide additional coverage;

(3) Except for any copayment or deductible arrangement, is compensated only on a predetermined periodic rate basis for providing to members the minimum services that are specified in item (2) of this subsection;

(4) Assures its subscribers and members, the Commissioner, and the Department that one clearly specified legal and administrative focal point or element of the health maintenance organization has the responsibility of providing the availability, accessibility, quality, and effective use of comprehensive health care services; and

(5) Primarily provides services of physicians:

(i) Directly through physicians who are either employees or partners of the health maintenance organization; or

(ii) Under arrangements with one or more groups of physicians, who are organized on a group practice or individual practice basis, under which each group:

1. Is compensated for its services primarily on the basis of an aggregate fixed sum or on a per capita basis; and

2. Is provided with an effective incentive to avoid unnecessary inpatient use, whether the individual physician members of the group are paid on a fee–for–service or other basis.

(h) “Member” means a person who makes a contract or on whose behalf a contract is made with a health maintenance organization for health care services.

(i) “Provider” means any person, including a physician or hospital, who is licensed or otherwise authorized in this State to provide health care services.

(j) “Subscriber” means a person who makes a contract with a health maintenance organization, either directly or through an insurer or marketing organization, under which the person or other designated persons are entitled to the health care services.
Md. Code, Land Use § 19-102 — MD Code / Article glu / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

The boundaries of the metropolitan district are the same as existed on October 1, 2012, with the exclusion of:

(1) any property annexed into the City of Rockville, the City of Gaithersburg, or the Town of Washington Grove under Chapter 429 of the Acts of the General Assembly of 2007; and

(2) the City of Greenbelt as it existed on July 1, 2016.
Md. Code, Insurance § 19-508 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-508
§19–508.
Status: in_force

(a) (1) Subject to paragraphs (2) and (3) of this subsection, an insurer shall make all payments of the benefits described in § 19-505 of this subtitle periodically as claims for the benefits arise and within 30 days after the insurer receives satisfactory proof of claim.

(2) A policy that contains the coverage described in § 19-505 of this subtitle may:

(i) set a period of not less than 12 months after the date of the motor vehicle accident within which the original claim for benefits must be filed with the insurer; and

(ii) provide that if, after a lapse in the period of total disability or in the medical treatment of an injured individual who has received benefits under that coverage, the individual claims additional benefits based on an alleged recurrence of the injury for which the original claim for benefits was made, the insurer may require reasonable medical proof of the alleged recurrence.

(3) The aggregate benefits payable to an individual under this subsection may not exceed the maximum limits stated in the policy.

(b) (1) When an insurer that provides the benefits described in § 19-505 of this subtitle receives written notice from an insured of the occurrence of a motor vehicle accident for which benefits may be available under § 19-505 of this subtitle, the insurer shall notify the insured by mail of the latest date on which a claim may be filed for benefits under § 19-505 of this subtitle as provided in subsection (a)(2)(i) of this section.

(2) An insurer is not required under paragraph (1) of this subsection to send any notice to the insured as to any first party claim for benefits other than the benefits under § 19-505 of this subtitle.

(c) Payments of benefits that are not made in accordance with this section and that are overdue shall bear simple interest at the rate of 1.5% per month.
Md. Code, Health - General § 19-218 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-218
§19–218.
Status: in_force

(a) The Commission shall require each facility to give the Commission information that:

(1) Concerns the total financial needs of the facility;

(2) Concerns its current and expected resources to meet its total financial needs;

(3) Includes the effect of any proposal made, under Subtitle 1 of this title, on comprehensive health planning; and

(4) Includes physician information sufficient to identify practice patterns of individual physicians across all facilities.

(b) The identities of individual physicians are confidential and are not discoverable or admissible in evidence in a civil or criminal proceeding, and may only be disclosed to the following:

(1) The utilization review committee of a Maryland hospital;

(2) The Medical and Chirurgical Faculty of the State of Maryland;

(3) The State Board of Physicians;

(4) The Office of Health Care Quality in the Department;

(5) The Maryland Health Care Commission; or

(6) An investigatory body under the State or federal government.
Md. Code, Health - General § 19-2401 — MD Code / Article ghg / Title 19 / Subtitle 24 / Section 19-2401
§19–2401.
Status: in_force

§19–2401. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 19 OF 2017 //

(a) The General Assembly finds that:

(1) The financial viability of the Prince George’s County Regional Medical Center and the State’s investment in the Center is contingent on high quality clinical programs at the existing Prince George’s Hospital Center and the new Prince George’s County Regional Medical Center;

(2) The ability of the University of Maryland Medical System to develop and maintain high quality clinical programs at the existing Prince George’s Hospital Center and to transition to the new Prince George’s County Regional Medical Center is contingent on State operating and capital funding in specific years;

(3) The ability to protect the State’s investment in the new Prince George’s County Regional Medical Center is jeopardized by the provisions of the Budget Reconciliation and Financing Act of 2017, as introduced, that alter both the operating and capital obligations mandated by Chapter 13 of the Acts of 2016; and

(4) The changed circumstances and the need to protect the State’s investment require additional support in future years to ensure the financial viability of the new Prince George’s County Regional Medical Center and ultimately the ability of the State to end State support for the Center.

(b) (1) Subject to subsection (c) of this section, for the purpose of providing an operating grant to ensure and assist in the transition of a new Prince George’s County Regional Medical System to the University of Maryland Medical System Corporation:

(i) For fiscal year 2018, the Governor shall include in the budget bill an appropriation of $28,000,000;

(ii) For fiscal year 2019, the Governor shall include in the budget bill an appropriation of $27,000,000;

(iii) For fiscal years 2020 and 2021, the Governor shall include in the budget bill an appropriation of $15,000,000; and

(iv) For fiscal years 2022 through 2028, the Governor shall include in the budget bill an appropriation of $10,000,000.

(2) Subject to subsection (c) of this section, Prince George’s County shall provide a combination of matching funds and other financial assistance to the University of Maryland Medical System Corporation that constitutes total financial assistance as follows:

(i) $15,000,000 annually for fiscal year 2017 through fiscal year 2019; and

(ii) $5,000,000 annually for fiscal years 2020 and 2021.

(c) The State and county funds described in subsection (b) of this section:

(1) Shall be used to support the transition of the Prince George’s County Regional Medical Center from operation under the Dimensions Health Care System to operation as a participating institution of the University of Maryland Medical System Corporation; and

(2) May be used only for:

(i) Providing increased access to critical health care services for the region served by the Prince George’s County Regional Medical Center and improving the quality of the services provided; and

(ii) Facilitating cost containment measures to prevent additional operating losses for the Prince George’s County Regional Medical Center and its affiliated institutions.

(d) (1) The Governor shall include in the capital or operating budget bill the following amounts that are equal to the capital funds committed by Prince George’s County to be used for the construction of the Prince George’s County Regional Medical Center:

(i) $11,300,000 for fiscal year 2018;

(ii) $48,000,000 for fiscal year 2019; and

(iii) $56,200,000 for fiscal year 2020.

(2) Prince George’s County shall provide matching funds of $208,000,000 for the capital construction of the Prince George’s County Regional Medical Center.
Md. Code, Health - General § 19-1805 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1805
§19–1805.
Status: reserved

(a) The Department shall:

(1) Define different levels of assisted living according to the level of care provided;

(2) Require all assisted living programs to be licensed to operate according to the level of the program;

(3) Develop a waiver process for authorizing an assisted living program to continue to care for an individual whose medical or functional condition has changed since admission to the program to an extent that the level of care required by the individual exceeds the level of care for which the program is licensed;

(4) Promote affordable and accessible assisted living programs throughout the State;

(5) Establish and enforce quality standards for assisted living programs;

(6) Require periodic inspections of assisted living program facilities, including at least an annual unannounced on–site inspection;

(7) Establish requirements for the qualifications or training or both of assisted living program employees;

(8) Establish a “resident bill of rights” for residents of assisted living program facilities that includes, at a minimum:

(i) The right to be treated with consideration, respect, and full recognition of human dignity and individuality;

(ii) The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant federal and State laws, rules, and regulations;

(iii) The right to be free from mental and physical abuse;

(iv) The right to be free from mental, verbal, sexual, and physical abuse, neglect, or involuntary seclusion or exploitation;

(v) The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;

(vi) The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;

(vii) The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need; and

(viii) The right to manage personal financial affairs;

(9) Define which, if any, assisted living programs may be exempt from the requirements of § 19–311 of this title; and

(10) For Alzheimer’s special care units:

(i) Establish the number of dementia–specific training hours to be completed for those staff working in Alzheimer’s special care units;

(ii) Determine the topic content for dementia–specific training required for those staff working in Alzheimer’s special care units; and

(iii) Require staff sufficient to meet the needs of residents in Alzheimer’s special care units.

(b) (1) The Department, in consultation with representatives of the affected industry and advocates for residents of the facilities and with the approval of the Department of Aging and the Department of Human Services, shall adopt regulations to implement this subtitle.

(2) The regulations adopted under paragraph (1) of this subsection shall:

(i) Provide for the licensing of assisted living programs;

(ii) Require the Department, during a survey or other inspection of an assisted living program, to review the number of waivers granted to the program under subsection (a)(3) of this section and determine whether a change in the program’s licensure status is warranted; and

(iii) Require an assisted living program facility to post in a conspicuous place visible to actual and potential residents of the facility and other interested parties:

1. A. Its statement of deficiencies for the most recent survey;

B. Any subsequent complaint investigations conducted by federal, State, or local surveyors; and

C. Any plans of correction in effect with respect to the survey or complaint investigation; or

2. A notice of the location, within the facility, of the items listed in item 1 of this item.
Md. Code, Health - General § 19-1401 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1401
§19–1401.
Status: in_force

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

(b) “Actual harm deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that has caused physical or emotional injury or impairment to a resident.

(c) “Concurrent review” means daily rounds by a licensed nurse which include:

(1) Appraisal and observation of each resident by the licensed nurse to determine any change in the resident’s physical or mental status; and

(2) If there is a change in the resident’s physical or mental status, an evaluation by the licensed nurse of:

(i) The resident’s medications;

(ii) Laboratory values relating to the resident;

(iii) Clinical data relating to the resident, including the resident’s:

1. Hydration and nutritional need;

2. Skin integrity;

3. Noted weight changes; and

4. Appetite;

(iv) Injuries sustained by the resident that result from accident or incidents involving the resident; and

(v) Any other relevant parameters affecting or reflecting the resident’s physical and mental status.

(d) “Deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that results in potential for more than minimal harm, actual harm, or serious and immediate threat to one or more residents.

(e) (1) “Nursing home” means a facility that offers nonacute inpatient care to patients suffering from a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximal nursing care without continuous hospital services and who require medical services and nursing services rendered by or under the supervision of a licensed nurse together with convalescent, restorative, or rehabilitative services.

(2) “Nursing home” does not mean a facility offering domiciliary care or personal care as those terms are defined in § 19–301 of this title.

(f) “Ongoing pattern” means the occurrence of any potential for more than minimal harm or greater deficiency on two consecutive on-site visits as a result of annual surveys, follow-up visits, any unscheduled visits, or complaint investigations.

(g) “Potential for more than minimal harm deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that has the potential to cause actual harm to a resident.

(h) “Serious and immediate threat” means a situation in which immediate corrective action is necessary because a nursing home’s noncompliance with one or more State regulations has caused or is likely to cause serious injury, harm, impairment to, or death of a resident receiving care in the nursing home.

(i) “Sustained compliance” means a period of 30 days following the date of notice of corrective action with no deficiencies.
Md. Code, Health Occupations § 19-316 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-316
§19–316.
Status: in_force

(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of social work; or

(2) Conduct that is a ground for disciplinary action under § 19-311 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of the State; or

(3) A State’s Attorney, in the name of the State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the act sought to be enjoined.

(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of social work under § 19-401 of this title or disciplinary action under § 19-311 of this subtitle.
Md. Code, Health - General § 19-7A-01 — MD Code / Article ghg / Title 19 / Subtitle 7A / Section 19-7A-01
§19–7A–01.
Status: in_force

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

(b) “Commissioner” means the Maryland Insurance Commissioner.

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

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

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

(d) “License” includes a certificate of authority, as defined in § 1-101 of the Insurance Article.

(e) “Provider” means any person, including a physician or hospital, that is licensed or otherwise authorized in this State to provide health care services.

(f) “Provider-sponsored organization” means an entity that:

(1) Is a legal aggregation of providers operating collectively for the purpose of providing health care services to Medicare beneficiaries under the federal Medicare+Choice Program;

(2) Acts through a licensed entity, such as a partnership, corporation, limited liability company, limited liability partnership, or sole proprietorship, that has authority over the entity’s activities and responsibility for satisfying the requirements of § 19-7A-02 of this subtitle; and

(3) Provides a substantial proportion of the health care services required to be provided under the federal Medicare+Choice Program directly through providers or affiliated groups of providers.
Md. Code, Health - General § 19-1413 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1413
§19–1413.
Status: in_force

Each nursing home shall:

(1) Establish a procedure to provide for the smooth and orderly transfer of residents in the event of closure;

(2) Provide a 30-day notice to residents and their families or guardians prior to closure of the nursing home unless the Department waives the notice requirement;

(3) Provide a 15-day notice to residents and their families or guardians prior to termination of public funding unless the Department waives the notice requirement; and

(4) Immediately notify, if known, a resident’s family or guardian of:

(i) An accident involving the resident which results in injury and has the potential for requiring physician intervention;

(ii) A significant change in the resident’s physical, mental, or psychosocial status; or

(iii) A need to alter the resident’s treatment significantly.
Md. Code, Insurance § 19-307 — MD Code / Article gin / Title 19 / Subtitle 3 / Section 19-307
§19–307.
Status: in_force

(a) (1) An antiarson application required under this subtitle is a material part of the policy to which the application pertains.

(2) A material misrepresentation in an antiarson application is grounds to rescind the policy.

(b) (1) Within a reasonable time as specified by the Commissioner, a policyholder shall notify the policyholder’s insurer in writing of any change in the information contained in an antiarson application.

(2) A material failure to give the notice required in paragraph (1) of this subsection, or a material misrepresentation in a notification, is grounds to rescind the policy.
Md. Code, Alcoholic Beverages and Cannabis § 19-2707 — MD Code / Article gab / Title 19 / Subtitle 27 / Section 19-2707
§19–2707.
Status: in_force

An individual may possess an alcoholic beverage in an open container on private property described under § 6–322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property.
Md. Code, Alcoholic Beverages and Cannabis § 19-603 — MD Code / Article gab / Title 19 / Subtitle 6 / Section 19-603
§19–603.
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 $150.
Md. Code, Health - General § 19-143 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-143
§19–143.
Status: in_force

(a) (1) On or before October 1, 2009, the Commission and the Health Services Cost Review Commission shall designate a health information exchange for the State.

(2) The Secretary, to align funding opportunities with the purposes of this section and the development and effective operation of the State–designated health information exchange, may provide grants to the State–designated health information exchange.

(b) (1) On or before September 1, 2011, the Commission, in consultation with the Department, payors, and health care providers, shall adopt regulations that require State–regulated payors to provide incentives to health care providers to promote the adoption and meaningful use of electronic health records.

(2) Incentives required under the regulations:

(i) Shall have monetary value;

(ii) Shall facilitate the use of electronic health records by health care providers in the State;

(iii) To the extent feasible, shall recognize and be consistent with existing payor incentives that promote the adoption and meaningful use of electronic health records;

(iv) Shall take into account:

1. Incentives provided to health care providers under Medicare and Medicaid; and

2. Any grants or loans that are available to health care providers from the federal government;

(v) May include:

1. Increased reimbursement for specific services;

2. Lump sum payments;

3. Gain–sharing arrangements;

4. Rewards for quality and efficiency;

5. In–kind payments; and

6. Other items or services to which a specific monetary value can be assigned; and

(vi) Shall be paid in cash, unless the State–regulated payor and the health care provider agree on an incentive of equivalent value.

(3) The regulations need not require incentives for the adoption and meaningful use of electronic health records for each type of health care provider listed in § 19–142(e) of this subtitle.

(4) If federal law is amended to allow the State to regulate payments made by entities that self–insure their health benefit plans, regulations adopted under this section shall apply to those entities to the same extent to which they apply to State–regulated payors.

(5) Regulations adopted under this subsection:

(i) May not require a group model health maintenance organization, as defined in § 19–713.6 of this title, to provide an incentive to a health care provider who is employed by the multispecialty group of physicians under contract with the group model health maintenance organization; and

(ii) Shall allow a State–regulated payor to:

1. Request information from a health care provider to validate the health care provider’s incentive claim; and

2. If the State–regulated payor determines that a duplicate incentive payment or an overpayment has been made, reduce the incentive amount.

(6) The Commission may:

(i) Audit the State–regulated payor or the health care provider for compliance with the regulations adopted under this subsection; and

(ii) If it finds noncompliance, request corrective action.

(7) It is the intent of the General Assembly that the State Employee and Retiree Health and Welfare Benefits Program support the incentives provided under this subsection through contracts between the Program and the third party administrators arranging for the delivery of health care services to members covered under the Program.

(c) The Health Services Cost Review Commission, in consultation with hospitals, payors, and the federal Centers for Medicare and Medicaid Services, shall take the actions necessary to:

(1) Assure that hospitals in the State receive the payments provided under § 4102 of the federal American Recovery and Reinvestment Act of 2009 and any subsequent federal rules and regulations; and

(2) Implement any changes in hospital rates required by the federal Centers for Medicare and Medicaid Services to ensure compliance with § 4102 of the federal American Recovery and Reinvestment Act of 2009 and any subsequent federal rules and regulations.

(d) The Department, in consultation with the Commission, shall develop a mechanism to assure that health care providers that participate in the Maryland Medical Assistance Program receive the payments provided for adoption and use of electronic health records technology under § 4201 of the federal American Recovery and Reinvestment Act of 2009 and any subsequent federal rules and regulations.

(e) (1) On or before October 1, 2012, the Commission shall designate one or more management service organizations to offer services throughout the State.

(2) The Commission may use federal grants and loans to help subsidize the use of the designated management service organizations by health care providers.

(f) On and after the later of January 1, 2015, or the date established for the imposition of penalties under § 4102 of the federal American Recovery and Reinvestment Act of 2009:

(1) Each health care provider using an electronic health record that seeks payment from a State–regulated payor shall use electronic health records that are:

(i) Certified by a national certification organization designated by the Commission; and

(ii) Capable of connecting to and exchanging data with the State–designated health information exchange; and

(2) The incentives required under subsection (b) of this section may include reductions in payments to a health care provider that does not use electronic health records that meet the requirements of paragraph (1) of this subsection.
Md. Code, Health - General § 19-130 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-130
§19–130.
Status: reserved

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

(2) “Fund” means the Maryland Trauma Physician Services Fund.

(3) “Maryland Trauma Specialty Referral Centers” means:

(i) The Johns Hopkins Health System Burn Program;

(ii) The Eye Trauma Center at the Wilmer Eye Institute at The Johns Hopkins Hospital; and

(iii) The Curtis National Hand Center at Union Memorial Hospital.

(4) “Reasonable compensation equivalent” means the limitation on the cost established by the Centers for Medicare and Medicaid Services that a provider may claim for compensation of services.

(5) “Rehabilitation hospital” means a facility classified as a special rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma center by common ownership.

(6) (i) “Trauma center” means a facility designated by the Maryland Institute for Emergency Medical Services Systems as:

1. The State primary adult resource center;

2. A Level I trauma center;

3. A Level II trauma center;

4. A Level III trauma center;

5. A pediatric trauma center; or

6. The Maryland Trauma Specialty Referral Centers.

(ii) “Trauma center” includes an out–of–state pediatric trauma center that has entered into an agreement with the Maryland Institute for Emergency Medical Services Systems.

(7) “Trauma health care practitioner” means a health care practitioner licensed under the Health Occupations Article who provides care in a trauma center or in a rehabilitation hospital to trauma patients on the State trauma registry as defined by the Maryland Institute for Emergency Medical Services Systems.

(8) “Trauma physician” means a physician who provides care in a trauma center or in a rehabilitation hospital to trauma patients on the State trauma registry as defined by the Maryland Institute for Emergency Medical Services Systems.

(9) “Uncompensated care” means care provided by a trauma physician or a trauma health care practitioner to a trauma patient on the State trauma registry who:

(i) Has no health insurance, including Medicare Part B coverage;

(ii) Is not eligible for medical assistance coverage; and

(iii) Has not paid the trauma physician or trauma health care practitioner for care provided by the trauma physician or trauma health care practitioner, after documented attempts by the trauma physician or trauma health care practitioner to collect payment.

(b) (1) There is a Maryland Trauma Physician Services Fund.

(2) The purpose of the Fund is to subsidize the documented costs:

(i) Of uncompensated care incurred by a trauma physician or trauma health care practitioner in providing trauma care to a trauma patient on the State trauma registry;

(ii) Of undercompensated care incurred by a trauma physician or trauma health care practitioner in providing trauma care to an enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State trauma registry;

(iii) Incurred by a trauma center to maintain trauma physicians on–call as required by the Maryland Institute for Emergency Medical Services Systems;

(iv) Incurred by the State primary adult resource center to maintain trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and on standby as required by the Maryland Institute for Emergency Medical Services Systems; and

(v) Incurred by the Commission and the Health Services Cost Review Commission to administer the Fund and audit reimbursement requests to assure appropriate payments are made from the Fund.

(3) The Commission and the Health Services Cost Review Commission shall administer the Fund.

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

(5) Interest on and other income from the Fund shall be separately accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State Finance and Procurement Article.

(c) The Fund consists of:

(1) Motor vehicle registration surcharges paid into the Fund in accordance with § 13–954(b)(2) of the Transportation Article;

(2) At least 20% of the fines collected under § 21–902(a)(1), (b)(2), (c)(2), and (d)(1) of the Transportation Article; and

(3) Any other money transferred from the General Fund of the State.

(d) (1) Disbursements from the Fund shall be made in accordance with a methodology established jointly by the Commission and the Health Services Cost Review Commission to calculate costs incurred by trauma physicians and trauma centers that are eligible to receive reimbursement under subsection (b) of this section.

(2) The Fund shall transfer to the Maryland Department of Health an amount sufficient to fully cover the State’s share of expenditures for the costs of undercompensated care incurred by a trauma physician in providing trauma care to an enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State trauma registry.

(3) The methodology developed under paragraph (1) of this subsection shall:

(i) Take into account:

1. The amount of uncompensated care provided by trauma physicians;

2. The amount of undercompensated care attributable to the treatment of Medicaid enrollees in trauma centers;

3. The cost of maintaining trauma physicians on–call;

4. The number of patients served by trauma physicians in trauma centers;

5. The number of Maryland residents served by trauma physicians in trauma centers; and

6. The extent to which trauma–related costs are otherwise subsidized by hospitals, the federal government, and other sources; and

(ii) Include an incentive to encourage hospitals to continue to subsidize trauma–related costs not otherwise included in hospital rates.

(4) The methodology developed under paragraph (1) of this subsection shall use the following parameters to determine the amount of reimbursement made to trauma physicians and trauma centers from the Fund:

(i) 1. The cost incurred by a Level II trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed:

A. At a rate of up to 60% of the reasonable compensation equivalent hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. For the minimum number of trauma physicians required to be on–call, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for Level II trauma centers;

2. The cost incurred by a Level III trauma center to maintain trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall be reimbursed:

A. At a rate of up to 60% of the reasonable compensation equivalent hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. For the minimum number of trauma physicians required to be on–call, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for Level III trauma centers;

3. The cost incurred by a Level I trauma center or pediatric trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons on–call when a post–graduate resident is attending in the trauma center shall be reimbursed:

A. At a rate of up to 60% of the reasonable compensation equivalent hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. When a post–graduate resident is authorized to be in the trauma center, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric trauma centers;

4. The cost incurred by a Maryland Trauma Specialty Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a post–graduate resident is attending in the Center shall be reimbursed:

A. At a rate of up to 60% of the reasonable compensation equivalent hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. When a post–graduate resident is authorized to be in the Center, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; and

5. A. A Level II trauma center is eligible for a maximum of 26,280 hours of trauma on–call per year;

B. A Level III trauma center is eligible for a maximum of 35,040 hours of trauma on–call per year;

C. A Level I trauma center shall be eligible for a maximum of 4,380 hours of trauma on–call per year;

D. A pediatric trauma center shall be eligible for a maximum of 4,380 hours of trauma on–call per year; and

E. A Maryland Trauma Specialty Referral Center shall be eligible for a maximum of 2,190 hours of trauma on–call per year;

(ii) The cost of undercompensated care incurred by a trauma physician in providing trauma care to enrollees of the Maryland Medical Assistance Program who are trauma patients on the State trauma registry shall be reimbursed at a rate of up to 100% of the Medicare payment for the service, minus any amount paid by the Maryland Medical Assistance Program;

(iii) The cost of uncompensated care incurred by a trauma physician in providing trauma care to trauma patients on the State trauma registry shall be reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries made by the trauma physician for the care;

(iv) The Commission, in consultation with the Health Services Cost Review Commission, may establish a payment rate for uncompensated care incurred by a trauma physician in providing trauma care to trauma patients on the State trauma registry that is above 100% of the Medicare payment for the service if:

1. The Commission determines that increasing the payment rate above 100% of the Medicare payment for the service will address an unmet need in the State trauma system; and

2. The Commission reports on its intention to increase the payment rate to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, at least 60 days before any adjustment to the rate;

(v) The Commission shall develop guidelines for the reimbursement of the documented costs of the State primary adult resource center under subsection (b)(2)(iv) of this section;

(vi) The Commission, in consultation with the Health Services Cost Review Commission, may change the percentage of the reasonable compensation equivalent paid to trauma hospitals if:

1. The Commission determines that the projected revenue to be collected in the Fund is adequate to support the proposed increase in the percentage of reasonable compensation equivalent inflated to the current year by the physician compensation component of the Medicare economic index; and

2. The Commission reports on its intention to change the percentage of reasonable compensation equivalent to be paid for on–call costs to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, at least 60 days before any adjustment to the allowable hours;

(vii) The Commission, in consultation with the Health Services Cost Review Commission, may change the number of allowable hours of trauma on–call each year if the Commission reports on its intention to change the number of allowable hours to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, at least 60 days before any adjustment to the allowable hours;

(viii) The Commission may modify the percentage paid of the reasonable compensation equivalent for on–call hours not more than once each year; and

(ix) The total reimbursement to emergency physicians from the Fund may not exceed $300,000 annually.

(5) In order to receive reimbursement, a trauma physician or trauma health care practitioner in the case of costs of uncompensated care under subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner approved by the Commission and the Health Services Cost Review Commission.

(6) (i) The Commission and the Health Services Cost Review Commission shall adopt regulations that specify the information that trauma physicians, trauma health care practitioners, and trauma centers must submit to receive money from the Fund.

(ii) The information required shall include:

1. The name and federal tax identification number of the trauma physician rendering the service;

2. The date of the service;

3. Appropriate codes describing the service;

4. Any amount recovered for the service rendered;

5. The name of the trauma patient;

6. The patient’s trauma registry number; and

7. Any other information the Commission and the Health Services Cost Review Commission consider necessary to disburse money from the Fund.

(iii) It is the intent of the General Assembly that trauma physicians and trauma centers shall cooperate with the Commission and the Health Services Cost Review Commission by providing information required under this paragraph in a timely and complete manner.

(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law, expenditures from the Fund for costs incurred in any fiscal year may not exceed revenues of the Fund.

(2) (i) The Commission, in consultation with the Health Services Cost Review Commission and the Maryland Institute for Emergency Medical Services Systems, shall develop a process for the award of grants to Level I, Level II, and Level III trauma centers in the delivery of trauma care.

(ii) 1. The Commission shall issue grants under this paragraph from any balance carried over to the Fund from prior fiscal years.

2. The total amount of grants awarded under this paragraph in a fiscal year may not reduce the balance remaining in the Fund at the end of the fiscal year to less than 15% of the revenue collected in that fiscal year.

(iii) The process developed by the Commission for the award of grants under this paragraph shall include:

1. Grant applications and review and selection criteria for the award of grants;

2. Review by the Commission, if necessary, for any project that exceeds certificate of need thresholds; and

3. Any other procedure determined necessary by the Commission.

(iv) Before awarding grants under this subsection in a fiscal year, the Commission shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on the process that the Commission has developed for awarding grants in that fiscal year.

(f) On or before November 1 of each year, the Commission and the Health Services Cost Review Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) The amount of money in the Fund on the last day of the previous fiscal year;

(2) The amount of money applied for by trauma physicians, trauma health care practitioners, and trauma centers during the previous fiscal year;

(3) The amount of money distributed in the form of trauma physician, trauma health care practitioner, and trauma center reimbursements during the previous fiscal year;

(4) Any recommendations for altering the manner in which trauma physicians, trauma health care practitioners, and trauma centers are reimbursed from the Fund;

(5) The costs incurred in administering the Fund during the previous fiscal year;

(6) The amount that each hospital that participates in the Maryland trauma system and that has a trauma center contributes toward the subsidization of trauma–related costs for its trauma center;

(7) The costs that hospitals reported to the Health Services Cost Review Commission and are accounted for in the global budgets of the hospitals for each of the following:

(i) Trauma standby;

(ii) Allowable trauma center costs for reimbursing the trauma director and trauma staff;

(iii) Maintaining Maryland Institute for Emergency Medical Services Systems trauma protocols;

(iv) Maintaining specialized trauma staff;

(v) Procuring specialized trauma equipment; and

(vi) Providing trauma education and training; and

(8) Any improvements made by trauma centers as a result of an increase in funding.

(g) The Commission shall award an annual grant from the Fund in the amount up to $1,800,000 to Level I pediatric trauma centers as follows:

(1) Up to $900,000 to Johns Hopkins Children’s Center; and

(2) Up to $900,000 to Children’s National Medical Center.
Md. Code, Alcoholic Beverages and Cannabis § 19-1901 — MD Code / Article gab / Title 19 / Subtitle 19 / Section 19-1901
§19–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”);

(4) § 4–507 (“Retail delivery of alcoholic beverages”); and

(5) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 19–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 19–1903 of this subtitle.
Md. Code, Local Government § 19-218 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-218
§19–218.
Status: in_force

The proceeds of sale of bond anticipation notes shall be spent:

(1) first, for payment of the expenses of issuance of the notes; and

(2) then, subject to § 19–217(a)(2) of this subtitle, only for the public purposes for which the bonds are authorized.
Md. Code, Education § 19-109 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-109
§19–109.
Status: in_force

(a) Bonds issued under the provisions of this title are securities in which all of the following may legally and properly invest funds, including capital in their control or belonging to them:

(1) Public officers and public agencies of the State and its political subdivisions;

(2) Banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business;

(3) Insurance companies and insurance associations and others carrying on an insurance business;

(4) Administrators, executors, guardians, trustees, and other fiduciaries; and

(5) All other persons.

(b) The bonds are securities which may properly and legally be deposited with and received by any State or municipal office or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or hereafter authorized by law.
Md. Code, Insurance § 19-201 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-201
§19–201.
Status: in_force

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

(b) “Additional optional coverage” means a coverage or service that covers the structures, contents, property, or activities on property that is available for purchase in connection with a standard homeowner’s insurance policy.

(c) “Insurer” means an insurer that issues or delivers a policy of homeowner’s insurance in the State.
Md. Code, Business Regulation § 19-103 — MD Code / Article gbr / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

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

(2) “Adult entertainment” means live entertainment:

(i) in which individuals appear for public view in a state of nudity or partial nudity; or

(ii) that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest.

(3) “Adult entertainment establishment” means a business establishment where adult entertainment is offered.

(4) “Truck stop” means a facility:

(i) the primary purpose of which is to provide services to long–haul truck drivers; and

(ii) that provides:

1. shower facilities to the truck drivers for a fee; or

2. parking for the truck drivers’ vehicles.

(b) (1) The owner of a privately owned bus station, truck stop, or adult entertainment establishment shall post the National Human Trafficking Resource Center Hotline information sign described in § 15–207 of this article in each restroom of the bus station, truck stop, or adult entertainment establishment.

(2) A sign required under this section shall be posted:

(i) on the inside of each stall door in the restroom; or

(ii) on the back of the door at the entrance to the restroom.

(c) (1) An agency that enforces this section and determines that a violation of this section has occurred shall notify the business owner of the bus station, truck stop, or adult entertainment establishment, or the business owner’s agent, of the violation.

(2) If the business owner of the bus station, truck stop, or adult entertainment establishment does not post signs as required under this section within 24 hours after receiving the notice required under paragraph (1) of this subsection, the business owner is subject to a civil penalty not exceeding $1,000.

(3) For each restroom in which a business owner fails to post a sign in accordance with this section, the business owner is subject to a separate civil penalty.
Md. Code, Business Occupations and Professions § 19-310 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-310
§19–310.
Status: in_force

(a) Each licensee shall maintain an office in the State.

(b) Each licensee shall keep in an office in the State all files or other records that:

(1) are made in the State; and

(2) relate to any business activities in the State.
Md. Code, Local Government § 19-810 — MD Code / Article glg / Title 19 / Subtitle 8 / Section 19-810
§19–810.
Status: in_force

A finding made by Cecil County regarding a program or the qualification of a person or family to participate in a program is conclusive in a proceeding involving the validity or enforceability of a bond, or security for a bond, issued under this subtitle.
Md. Code, Business Occupations and Professions § 19-603 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-603
§19–603.
Status: in_force

(a) Except as authorized under this title, a security guard agency may not provide any person with a badge or a certification card or other document indicating that any individual is a security guard.

(b) A certified security guard may not lend the security guard’s certification card or badge to another person or allow another person to use or display the card or badge.

(c) Regardless of any association that an individual may have with a security guard agency, unless authorized under this title, the individual may not wear or carry a badge that:

(1) represents that the individual is a security guard; or

(2) otherwise represents that the individual is associated with a security guard agency.
Md. Code, Business Occupations and Professions § 19-414 — MD Code / Article gbo / Title 19 / Subtitle 4 / Section 19-414
§19–414.
Status: in_force

(a) (1) In this section, “use of force” means:

(i) any physical striking of an individual;

(ii) any significant physical contact that restricts the movement of an individual, including control techniques; or

(iii) the detainment of an individual without the individual’s consent.

(2) “Use of force” includes:

(i) the discharge of a firearm;

(ii) the discharge of pepper mace, as defined in § 4–101 of the Criminal Law Article; and

(iii) the use of an electronic control device, as defined in § 4–109 of the Criminal Law Article.

(3) “Use of force” does not include mere presence, verbal commands, or escorting an individual with minimal resistance.

(b) (1) Subject to paragraph (2) of this subsection, a security guard shall report any use of force against a person while providing security guard services on behalf of the licensed security guard agency or for the security guard employer to the security guard agency or the security guard employer within 48 hours after the use of force on a form provided by the Secretary.

(2) A security guard is not required to report any use of force against a person within 48 hours after the use of force if the security guard is seriously injured or disabled.

(c) (1) A licensed security guard agency or security guard employer shall, in accordance with paragraph (2) of this subsection, report any use of force by a security guard while providing security guard services on its behalf or for it to the Secretary within 48 hours after receiving the form completed under subsection (b)(1) of this section.

(2) The use of force report under paragraph (1) of this subsection shall include:

(i) the type of encounter;

(ii) the type of force used;

(iii) the location of the incident where force was used;

(iv) whether the individual against whom force was used was arrested and, if known, what charges the individual received;

(v) whether the individual against whom force was used requested or required medical care;

(vi) whether the security guard requested or required medical care;

(vii) demographic information about any individuals against whom force was used and any security guard involved in the incident, including race, ethnicity, gender, and age; and

(viii) the form completed under subsection (b)(1) of this section.
Md. Code, Health - General § 19-125 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-125
§19–125.
Status: in_force

A certificate of need is required before an ambulatory care facility:

(1) Offers any health service:

(i) Through a health care facility;

(ii) In space leased from a health care facility; or

(iii) In space on land leased from a health care facility;

(2) To provide those services, makes an expenditure, if a certificate of need would be required under § 19-120(k) of this subtitle for the expenditure by or on behalf of a health care facility; or

(3) Does anything else for which the federal act requires a certificate of need and that the Commission has not exempted from that requirement.
Md. Code, Health - General § 19-345.2 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-345.2
§19–345.
Status: reserved

§19–345.2.

(a) In addition to the provisions of §§ 19–345 and 19–345.1 of this subtitle, a facility may not involuntarily discharge or transfer a resident unless, within 48 hours before the discharge or transfer, the facility has:

(1) Provided or obtained:

(i) A comprehensive medical assessment and evaluation of the resident, including a physical examination, that is documented in the resident’s medical record;

(ii) A post discharge plan of care for the resident that is developed, if possible, with the participation of the resident’s next of kin, guardian, or legal representative in accordance with § 19–345.1 of this subtitle; and

(iii) Written documentation from the resident’s attending physician indicating that the transfer or discharge is in accordance with the post discharge plan of care and is not contraindicated by the resident’s medical condition; and

(2) Provided information to the resident concerning the resident’s rights to make decisions concerning health care, including:

(i) The right to accept or refuse medical treatment;

(ii) The right to make an advance directive, including the right to make a living will and the right to appoint an agent to make health care decisions; and

(iii) The right to revoke an advance directive.

(b) Except as provided in subsection (d)(3) of this section, and at least 24 hours before discharge or transfer, the facility shall provide the resident and the resident’s next of kin, guardian, or legal representative with:

(1) The written statement of the medical assessment and evaluation and written documentation from the resident’s attending physician required under subsection (a) of this section;

(2) The post discharge plan of care developed under § 19–345.1 of this subtitle;

(3) The information necessary to assist the resident and the resident’s next of kin, guardian, or legal representative in obtaining additional prescriptions for necessary medication through consultation with the resident’s treating physician; and

(4) A written statement containing the date, time, method, mode, and destination of discharge.

(c) To the extent authorized under State and federal law, a facility shall provide at least a 3–day supply of medications currently being taken by the resident at the time of discharge or transfer.

(d) (1) Except as provided in paragraphs (2) and (3) of this subsection, a facility may not discharge or transfer a resident unless the resident is capable of and has consented in writing to the discharge or transfer.

(2) A facility may discharge or transfer a resident without obtaining the written consent of the resident for one of the reasons listed in § 19–345(a) of this subtitle if the discharge or transfer:

(i) Is in accordance with a post discharge plan of care developed under § 19–345.1 of this subtitle;

(ii) Is to the community in which the resident resided before becoming a resident of the facility unless the facility documents why it is in the best interest of the resident to be discharged to another location;

(iii) Is to another licensed provider, unless:

1. The resident is being discharged or transferred because the resident’s health has improved sufficiently and the resident no longer needs the services provided by the facility;

2. The resident has no pending application to the medical assistance program or is ineligible for the medical assistance program and is being discharged or transferred for nonpayment under § 19–345(a)(4) of this subtitle; or

3. If the resident is or may be eligible for the medical assistance program:

A. The facility has fulfilled its obligation under § 19–344(c) of this subtitle to cooperate with and assist the resident or the resident’s representative in seeking assistance from the medical assistance program and has documented the cooperation and assistance;

B. The resident or resident’s representative has refused to apply for or seek assistance from the medical assistance program or has repeatedly failed, despite the facility’s documented assistance, to make good–faith efforts to supply information or materials necessary for the medical assistance program to enroll the resident; and

C. The resident is being discharged for nonpayment under § 19–345(a)(4) of this subtitle; and

(iv) Is to a safe and secure environment.

(3) A facility that is certified as a continuing care provider under Title 10, Subtitle 4 of the Human Services Article is not subject to the provisions of subsection (b) of this section if:

(i) The facility transfers a resident to a lesser level of care within the same facility in accordance with a contractual agreement between the facility and the resident; and

(ii) The transfer is approved by the attending physician.

(e) (1) If the requirements of §§ 19–345 and 19–345.1 of this subtitle and subsections (a) and (b) of this section have been met, the resident’s next of kin or legal representative shall cooperate and assist in the discharge planning process, including:

(i) Contacting, cooperating with, and assisting other facilities considering admitting the resident; and

(ii) Cooperating with governmental agencies, including meeting the requirements of § 19–344(c) of this subtitle to seek and pursue with due diligence assistance from the medical assistance program.

(2) A facility may, without requesting the appointment of a guardian, petition the appropriate circuit court for an order or injunction directed at the resident or agent of the resident for appropriate relief to enforce this subsection.

(f) If requested by any person during the process of transferring or discharging a resident or on its own initiative, the Office of the Attorney General may investigate whether an abuse of funds under § 19–346 of this subtitle contributed to the decision to transfer or discharge the resident and may make appropriate referrals of the matter to other government agencies.
Md. Code, Health - General § 19-221 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-221
§19–221.
Status: in_force

The Commission shall use any reasonable, relevant, or generally accepted accounting principles to determine reasonable rates for each facility.
Md. Code, Health - General § 19-713.4 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-713.4
§19–713.
Status: in_force

§19–713.4.

(a) In this section, “health maintenance organization” or “HMO” includes any agent of a health maintenance organization.

(b) (1) A health maintenance organization that issues a request for proposal, including changes in terms to an existing contract to provide pharmaceutical services, shall notify the Maryland Pharmacists Association of the request for proposal to provide pharmaceutical services within 10 days after issuing that request.

(2) The Maryland Pharmacists Association may inform licensed pharmacists of the request.

(c) A health maintenance organization may not charge a fee for processing or accepting an application to provide pharmaceutical services.

(d) This section does not apply to a health maintenance organization if the health maintenance organization provides pharmaceutical services from a pharmacy that is:

(1) Located on the site of the health maintenance organization; and

(2) Wholly owned and operated by the health maintenance organization.
Md. Code, State Finance and Procurement § 19-110 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-110
§19–110.
Status: in_force

(a) When an allegation is sustained by an administrative law judge under this title, the administrative law judge may take additional evidence on the appropriate remedy to be recommended, including evidence relating to factors set forth in § 19–108(e) of this title and any other evidence deemed relevant by the administrative law judge.

(b) If the administrative law judge sustains an allegation, the administrative law judge may order any one or more of the following actions:

(1) any remedy that is agreed to by the respondent business entity, the complainant, and the Commission;

(2) referral of the respondent business entity to the Board of Public Works for a determination of debarment pursuant to §§ 16–306 and 16–307 of this article to preclude the business entity from:

(i) bidding on or receiving contract awards on State projects; and

(ii) participating in State contracts as a subcontractor, vendor, or supplier for a period of not more than 3 years;

(3) rescission, suspension, or termination of any current contract between the respondent business entity and the State under the terms of that contract;

(4) exercise of any other rights or remedies available to the State under any current contract between the respondent business entity and the State;

(5) finding that the respondent business entity is not a “responsible bidder” within the meaning of this article with respect to specific contracts that the State has put out for bids or intends to put out for bids;

(6) referral of the matter for criminal prosecution of fraud and other violations under State law if appropriate under the circumstances; or

(7) mediation.
Md. Code, Insurance § 19-902 — MD Code / Article gin / Title 19 / Subtitle 9 / Section 19-902
§19–902.
Status: in_force

(a) Portable electronics insurance may be offered on a month–to–month or other periodic basis as a group or master commercial inland marine policy issued to a vendor under which individual customers may elect to purchase coverage under the policy.

(b) Eligibility and underwriting standards for customers purchasing coverage under a policy of portable electronics insurance shall be established for each portable electronics insurance policy.
Md. Code, Alcoholic Beverages and Cannabis § 19-1903 — MD Code / Article gab / Title 19 / Subtitle 19 / Section 19-1903
§19–1903.
Status: in_force

An alcohol awareness program certificate of completion held by an employee or an employee’s employer may not be used at more than one licensed establishment.
Md. Code, Commercial Law § 19-303 — MD Code / Article gcl / Title 19 / Subtitle 3 / Section 19-303
§19–303.
Status: in_force

Notwithstanding an agreement to the contrary, and in addition to any other available legal remedies, a person who suffers monetary loss due to a violation of this title or who refuses to accede to a proposal for an arrangement that, if consummated, would be in violation of this title may bring a civil action to enjoin further violations and to recover damages and the costs of the action, including reasonable attorney’s fees.
Md. Code, Health - General § 19-1401.2 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1401.2
§19–1401.
Status: in_force

§19–1401.2.

(a) On review of the information required under § 19–1401.1 of this subtitle and any other information that is relevant to the ability of the applicant to operate a nursing home, the Secretary may:

(1) Approve an application for a license;

(2) Deny an application for a license;

(3) Approve an application for a license subject to conditions; or

(4) Revoke a license.

(b) Before taking action on a license under subsection (a) of this section, the Secretary shall consider any findings and decisions of the Maryland Health Care Commission provided to the Office of Health Care Quality under § 19–120.2 of this title.
Md. Code, Health - General § 19-7A-03 — MD Code / Article ghg / Title 19 / Subtitle 7A / Section 19-7A-03
§19–7A–03.
Status: in_force

(a) (1) Before an entity may operate as a provider-sponsored organization under the federal Medicare+Choice Program, the entity must obtain a license from the Commissioner.

(2) The Commissioner shall issue a license under paragraph (1) of this subsection to any entity to operate as a provider-sponsored organization that meets the requirements of subsection (b) of this section.

(b) To operate as a provider-sponsored organization under the federal Medicare+Choice Program in this State, an entity shall:

(1) Meet the definition of a provider-sponsored organization under § 19-7A-01 of this subtitle; and

(2) Meet the requirements applicable to a health maintenance organization under Subtitle 7 of this title to the extent those requirements are not preempted by federal law.
Md. Code, Business Regulation § 19-305 — MD Code / Article gbr / Title 19 / Subtitle 3 / Section 19-305
§19–305.
Status: in_force

A District Court judge shall issue a search warrant, authorizing a search of the premises specified in the warrant, to a sheriff, deputy sheriff, or other law enforcement officer to whom a warrant may be directed, if a person who has registered a returnable container or returnable textile, or the person’s agent, makes an affidavit before the judge, stating that:

(1) the affiant demonstrates probable cause to believe that a violation of § 19–304(a), (b), (c), or (d) of this subtitle has occurred; and

(2) evidence of the violation may be obtained by a search of premises specified by the affiant.
Md. Code, Health - General § 19-22A-04 — MD Code / Article ghg / Title 19 / Subtitle 22A / Section 19-22A-04
§19–22A–04.
Status: in_force

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

(b) “Commission” means the Maryland Community Health Resources Commission.

(c) “Council” means the Maryland Council on Advancement of School–Based Health Centers.
Md. Code, Local Government § 19-207 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-207
§19–207.
Status: in_force

(a) This section applies only to the following governmental entities:

(1) a county;

(2) a municipality;

(3) a public corporation of the State;

(4) a sanitary commission or district, but not including the Washington Suburban Sanitary Commission; and

(5) a unit, public corporation, or other instrumentality of a county or municipality.

(b) (1) Subject to the limitations in this section, a governmental entity authorized to issue bonds may issue new bonds to refund its outstanding bonds.

(2) A single county, bicounty, or multicounty agency or instrumentality may not issue refunding bonds without the prior approval of the governing body of each county involved.

(c) (1) The power to issue bonds under this section is in addition to any other power to borrow.

(2) If bonds to be refunded are secured as unconditional general obligations with a pledge of the full faith and credit and unlimited taxing power of the governmental entity, the governmental entity may secure an issue of refunding bonds as unconditional general obligations with a pledge of the full faith and credit and unlimited taxing power of the governmental entity in the same manner and, with respect to the application of any public general and public local law and otherwise, with the same force and effect as the original pledge.

(d) A governmental entity may issue bonds under this section only for the public purpose of:

(1) realizing for the governmental entity a savings in the total cost of debt service on a direct comparison or present value basis;

(2) debt restructuring that reduces the total cost of debt service; or

(3) debt restructuring that the governmental entity determines:

(i) is in its best interests;

(ii) is consistent with its long–term financial plan; and

(iii) realizes a financial objective of the governmental entity, including improvement of the relationship of debt service to any source of payment such as taxes, assessments, or other charges.

(e) A governmental entity may:

(1) provide that bonds under this section be in one or more series; and

(2) vary the amount of the series.

(f) (1) The total principal amount of the bonds issued under this section may exceed the total principal amount of the bonds that are being refunded.

(2) To determine whether the bonds under this section are within any limit on debt that applies to the governmental entity:

(i) the amount of the bonds that are being refunded shall be subtracted from its total outstanding debt; and

(ii) the amount of the bonds issued under this section shall be added to the difference.

(g) (1) Except as provided in paragraphs (2) and (3) of this subsection, a governmental entity shall issue bonds under this section in accordance with the procedures that applied to issuance of the bonds that are being refunded.

(2) If, at a public meeting, the governmental entity determines that it would be in the public interest, the governmental entity may sell bonds issued under this section at a private sale, without soliciting bids.

(3) Baltimore City may issue bonds to the extent authorized by the Maryland Constitution, to refund obligations previously issued in accordance with the procedures set forth in Article XI, § 7 of the Maryland Constitution without repeating or further complying with those procedures in the issuance of the refunding bonds.

(h) Bonds that are being refunded and that are subject to redemption before their stated dates of maturity may be called for redemption:

(1) on the earliest redemption date; or

(2) at a later date that the governmental entity determines.

(i) (1) A governmental entity shall invest and apply proceeds of a sale of bonds issued under this section to ensure that the principal and redemption premium of, and interest on, the bonds that are being refunded will be paid in full when due.

(2) The governmental entity may deposit any part of the proceeds of the sale of bonds issued under this section in a trust fund with a trust company or other banking institution, in the name of the governmental entity.

(3) The trustee may invest and reinvest money in the trust fund in:

(i) obligations of the United States;

(ii) obligations guaranteed by the United States;

(iii) certificates of deposit or time deposits secured by an obligation of the United States; or

(iv) certificates of deposit or time deposits secured by an obligation guaranteed by the United States.

(4) Interest, income, and profits on the investment may be:

(i) considered to be revenue of a revenue project; and

(ii) applied in any lawful manner, including to the payment of:

1. the bonds that are being refunded; and

2. the bonds issued under this section.

(5) The trustee shall make money in the trust fund available, as the governmental entity requires, for the payment of:

(i) the principal and redemption premium of, and interest on, the bonds that are being refunded;

(ii) the principal and redemption premium of, and interest on, the bonds issued under this section; or

(iii) any other related costs.

(j) All or any part of the bonds issued under this section may be made payable from and secured by:

(1) money in the trust fund; or

(2) other money or security that the governmental entity provides.
Md. Code, Health - General § 19-1404 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1404
§19–1404.
Status: in_force

(a) A civil money penalty imposed under this section for potential for more than minimal harm deficiencies:

(1) May not exceed $10,000 per instance; or

(2) May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(b) A civil money penalty imposed under this subtitle for actual harm deficiencies:

(1) May not exceed $10,000 per instance; or

(2) May not exceed $5,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(c) A civil money penalty imposed under this section for a serious and immediate threat:

(1) May not exceed $10,000 per instance; or

(2) May not exceed $10,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance.

(d) In setting the amount of a civil money penalty under this section, the Secretary shall consider, pursuant to guidelines set forth in regulations promulgated by the Secretary, the following factors:

(1) The number, nature, and seriousness of the deficiencies;

(2) The degree of risk to the health, life, or safety of the residents of the nursing home caused by the deficiency or deficiencies;

(3) The efforts made by the nursing home to correct the deficiency or deficiencies;

(4) Current federal guidelines for money penalties;

(5) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the nursing home to continue operating as a nursing home; and

(6) Such other factors as justice may require.
Md. Code, Health - General § 19-315 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-315
§19–315.
Status: in_force

The Maryland Health and Higher Educational Facilities Authority Act provides means to enlarge and establish hospitals and related health care facilities.
Md. Code, Health - General § 19-4A-04 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-04
§19–4A–04.
Status: in_force

Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a residential service agency.
Md. Code, Insurance § 19-703 — MD Code / Article gin / Title 19 / Subtitle 7 / Section 19-703
§19–703.
Status: in_force

(a) The Commissioner may adopt regulations to carry out this subtitle.

(b) The Commissioner shall review policy forms and endorsements to implement and enforce compliance with this subtitle.
Md. Code, Insurance § 19-1105 — MD Code / Article gin / Title 19 / Subtitle 11 / Section 19-1105
§19–1105.
Status: in_force

(a) (1) A pet insurer may issue policies that exclude coverage on the basis of one or more preexisting conditions with appropriate disclosure to the consumer.

(2) The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is made.

(b) (1) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a pet insurer may issue a policy that imposes a waiting period before coverage under the policy begins.

(ii) A waiting period may not exceed 30 days for an illness or orthopedic condition that does not result from an accident.

(iii) A pet insurer may not impose a waiting period for an illness or orthopedic condition that results from an accident.

(2) (i) A pet insurer that imposes a waiting period under paragraph (1) of this subsection shall include a provision in the pet insurance policy that allows for the waiving of waiting periods on completion of a medical examination.

(ii) 1. A pet insurer may require a medical examination under subparagraph (i) of this paragraph to be conducted by a veterinary practitioner after the purchase of the policy.

2. Unless the pet insurance policy specifies that the pet insurer will pay for a medical examination under subparagraph (i) of this paragraph, a policyholder shall pay for the medical examination.

3. A pet insurer may:

A. specify elements to be included as part of a medical examination under subparagraph (i) of this paragraph; and

B. if the specifications do not unreasonably restrict a policyholder’s ability to waive the waiting period, require documentation of the medical examination.

(3) A pet insurer shall clearly and prominently disclose requirements with respect to applicable waiting periods before purchase of the policy.

(c) A pet insurer shall require that an insured submit a claim under the pet insurance policy after submitting payment to the veterinary practitioner for veterinary expenses.

(d) A pet insurer may not require a medical examination of the covered pet as a condition for the renewal of a policy.

(e) A prescriptive, wellness, or noninsurance benefit included in the policy form for a pet insurance policy is part of the policy and subject to this article and regulations adopted under this article.

(f) A pet insurer may not condition an insured’s eligibility to purchase a pet insurance policy on participation, or lack of participation, in a separate wellness program.
Md. Code, Insurance § 19-303 — MD Code / Article gin / Title 19 / Subtitle 3 / Section 19-303
§19–303.
Status: in_force

The Commissioner may adopt regulations to carry out this subtitle.
Md. Code, Insurance § 19-210 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-210
§19–210.
Status: in_force

(a) An insurer shall offer at least one actuarially justified premium discount on a policy of homeowner’s insurance to a policyholder who submits proof of improvements made to the insured premises as a means of mitigating loss from a hurricane or other storm.

(b) Means of mitigating loss include:

(1) the installation of one or more of the following:

(i) hurricane shutters;

(ii) secondary water barrier;

(iii) reinforced roof coverings;

(iv) braced gable ends;

(v) reinforced roof to wall connections;

(vi) tie downs; and

(vii) reinforced opening protections;

(2) repair or replacement of:

(i) exterior doors, including garage doors;

(ii) hurricane resistant trusses, studs, and other structural components; and

(iii) repair or replacement of manufactured home piers, anchors, and tie down straps; and

(3) any mitigation effort that materially mitigates loss from a hurricane or other storm otherwise covered under the policy.

(c) Improvements made to the insured premises under this section shall be inspected by a contractor licensed by the Maryland Department of Labor.

(d) (1) An insurer shall be allowed to inspect the improvements that are the basis of a premium discount under this section.

(2) (i) Verification of improvements that are the basis of a premium discount under this section rests with the insurer.

(ii) An insurer may accept an inspection certificate issued by a governmental agency as verification of improvements that are the basis of a premium discount under this section.

(e) A premium discount offered under this section shall:

(1) comply with the provisions of Title 11 of this article; and

(2) only be offered for improvements identified by the Commissioner as qualified mitigation actions made to the insured premises that may materially mitigate loss from a hurricane or other storm otherwise covered under the policy.

(f) (1) An insurer that offers a premium discount under this section shall provide a policyholder with an annual statement regarding the availability of the discount and the method of applying for the discount.

(2) The notice required under paragraph (1) of this subsection may be sent with the statement required under § 19–205 of this subtitle.

(3) An insurer may comply with the renewal notice requirements of this subsection by sending the notice authorized by § 19–216 of this subtitle.

(g) The notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.

(h) The Commissioner may adopt regulations to implement the provisions of this section.
Md. Code, Local Government § 19-612 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-612
§19–612.
Status: in_force

The authority to borrow money and issue notes granted to counties by this part is:

(1) supplemental to any other power granted to a county by any other law; and

(2) not in derogation of any other existing power of a county to borrow money.
Md. Code, Health - General § 19-324 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-324
§19–324.
Status: in_force

A license issued under this subtitle is not transferable.
Md. Code, Insurance § 19-115 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-115
§19–115.
Status: in_force

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

(2) “Health care provider” means an individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.

(3) “HMO provider panel” means a provider panel for one or more health maintenance organizations.

(4) “Insurer provider panel” means a provider panel for one or more insurers engaged in the business of casualty insurance or property insurance.

(5) “Non–HMO provider panel” means a provider panel for one or more nonprofit health service plans or insurers.

(6) “Provider contract” means a contract between a health care provider and an entity that contracts with a health care provider to serve on an insurer provider panel, an HMO provider panel, or a non–HMO provider panel.

(b) (1) An insurer may not use an insurer provider panel if the provider contract for the insurer provider panel requires a provider to participate on the insurer provider panel as a condition of participating on an HMO provider panel or a non–HMO provider panel.

(2) An entity arranging an insurer provider panel shall provide a health care provider a schedule of applicable fees for up to the 50 most common services billed by a health care provider in the specialty of the health care provider:

(i) in writing at the time of execution of a provider contract;

(ii) in writing or electronically 30 days before a change in the schedule of applicable fees; and

(iii) in writing or electronically on request of the health care provider.
Md. Code, Health - General § 19-363 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-363
§19–363.
Status: in_force

(a) The funds in the escrow account shall be used only for the purposes of remedying the hazardous condition.

(b) The amount of the escrow account shall be the estimated cost of correcting the hazardous condition or $5,000 whichever is greater.

(c) The escrow account is to be established by the related institution at an authorized financial institution selected by the related institution.

(d) Current operating funds may not be used to establish the escrow account.
Md. Code, Business Regulation § 19-704 — MD Code / Article gbr / Title 19 / Subtitle 7 / Section 19-704
§19–704.
Status: in_force

(a) A violation of this subtitle:

(1) is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and

(2) except for the provisions of § 13–411 of the Commercial Law Article, is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.

(b) Each offer of an animal for sale in violation of this subtitle is a separate violation.
Md. Code, Health - General § 19-210 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-210
§19–210.
Status: in_force

(a) In this section, “Fund” means the Maternal and Child Health Population Health Improvement Fund.

(b) There is a Maternal and Child Health Population Health Improvement Fund.

(c) The purpose of the Fund is to invest in maternal and child population health improvements through the Medical Care Programs Administration and the Prevention and Health Promotion Administration.

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

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

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

(f) The Fund consists of:

(1) A uniform, broad–based assessment of a reasonable amount in hospital rates in order to invest in maternal and child population health improvements under § 19–207 of this subtitle;

(2) Interest earnings; and

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

(g) The Fund may be used only for expenses associated with maternal and child health population health improvements through December 31, 2027.

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

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

(i) Expenditures from the Fund may be made only:

(1) In accordance with the State budget; and

(2) After the approval of a majority of the members of the Commission.

(j) Money expended from the Fund is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the Maryland Medical Assistance Program.

(k) The Fund is subject to audit by the Office of Legislative Audits as provided in § 2–1220 of the State Government Article.
Md. Code, Health - General § 19-723 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-723
§19–723.
Status: in_force

(a) At all times, each health maintenance organization is subject to the supervision of the Commissioner and the Department as provided in this subtitle.

(b) Any health maintenance organization that contracts with the Department and is subject to this subtitle shall act in concert with the Department or with the written consent of the Department concerning all information that the Commissioner requires.
Md. Code, Health Occupations § 19-315 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-315
§19–315.
Status: in_force

(a) In this section, “social worker rehabilitation process” means a process that may include the evaluation and provision of assistance or the provision of information and resources to a licensee in need of treatment and rehabilitation for:

(1) Alcoholism;

(2) Substance abuse or dependency; or

(3) Other physical, emotional, or behavioral health conditions.

(b) The social worker rehabilitation process of the Board may function to assist persons referred:

(1) Solely by the Board;

(2) Jointly with a rehabilitation committee representing another board or boards; or

(3) By the licensee.

(c) (1) Except as otherwise provided in this subsection, the proceedings, records, and files related to the social worker rehabilitation process are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated as a result of the social worker rehabilitation process.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered in the social worker rehabilitation process and that otherwise would be subject to discovery or introduction into evidence in a civil action.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(d) A person who acts in good faith and within the scope of jurisdiction of the Board is not civilly liable for any action relating to the social worker rehabilitation process or for giving information to, participating in, or contributing to the administration of the social worker rehabilitation process.
Md. Code, Alcoholic Beverages and Cannabis § 19-1102 — MD Code / Article gab / Title 19 / Subtitle 11 / Section 19-1102
§19–1102.
Status: in_force

(a) The Board may issue a refillable container permit for draft beer to a holder of:

(1) a Class B beer license;

(2) a Class B beer and wine license;

(3) a Class B beer, wine, and liquor license;

(4) a Class D beer license;

(5) a Class D beer and wine license; or

(6) a Class D beer, wine, and liquor license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

(1) begin at the same time as those for the underlying license; and

(2) end at midnight.

(d) In an area of the licensed premises that is accessible to the public, the permit holder may not display or provide shelving for beer for off–premises consumption.

(e) The Board may adopt regulations to carry out this section, including limiting the number of refillable container permits that may be issued in the county.

(f) The annual permit fees are:

(1) $50 for an applicant whose license has an off–sale privilege; and

(2) $500 for an applicant whose license does not have an off–sale privilege.
Md. Code, Insurance § 19-506 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-506
§19–506.
Status: in_force

(a) (1) If the first named insured does not wish to obtain the benefits described in § 19-505 of this subtitle, the first named insured shall make an affirmative written waiver of those benefits.

(2) If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide the coverage described in § 19-505 of this subtitle.

(b) (1) A waiver made under this section constitutes a waiver of all the benefits described in § 19-505 of this subtitle, whether provided under:

(i) the first named insured’s policy;

(ii) any other motor vehicle liability insurance policy issued in the State; or

(iii) another form of security used in place of a motor vehicle liability insurance policy as authorized under § 17-103 of the Transportation Article.

(2) Subject to paragraph (3) of this subsection, a waiver made under this section is binding on the following individuals covered by the policy:

(i) each named insured;

(ii) each listed driver; and

(iii) each member of the first named insured’s family residing in the first named insured’s household who is at least 16 years old.

(3) An individual listed in paragraph (2)(ii) or (iii) of this subsection may recover the benefits described in § 19-505 of this subtitle under another motor vehicle liability insurance policy if that individual:

(i) is the first named insured under the other policy;

(ii) has not waived the benefits described in § 19-505 of this subtitle under the other policy; and

(iii) is not a named insured under any other motor vehicle liability insurance policy under which a waiver of the benefits described in § 19-505 of this subtitle is in effect.

(c) A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, and cost of the coverage described in § 19-505 of this subtitle.

(d) (1) A waiver made under this section shall be made on the form that the Commissioner requires.

(2) The form may be part of the insurance contract.

(3) The form shall clearly and concisely explain in 10 point boldface type:

(i) the nature, extent, and cost of the coverage that would be provided under the policy if not waived by the first named insured;

(ii) each effect of a waiver as stated in subsection (b) of this section;

(iii) that a failure of the first named insured to make a waiver requires an insurer to provide the coverage described in § 19-505 of this subtitle;

(iv) that an insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle; and

(v) that a waiver made under this section must be an affirmative written waiver.

(e) A waiver made under this section by a person that is insured continuously by the Maryland Automobile Insurance Fund or the insurer is effective until the waiver is withdrawn in writing.

(f) (1) An insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle.

(2) An insurer that violates this subsection is subject to the penalties provided by §§ 4-113 and 4-114 of this article.
Md. Code, Health - General § 19-1201 — MD Code / Article ghg / Title 19 / Subtitle 12 / Section 19-1201
§19–1201.
Status: in_force

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

(b) “Comprehensive physical rehabilitation services” means:

(1) A program of coordinated, integrated, interdisciplinary, physician-directed services provided by or under the supervision of physicians qualified or experienced in rehabilitation that:

(i) Includes evaluation and treatment of individuals with physical disabilities;

(ii) Emphasizes education and training of individuals with disabilities; and

(iii) Incorporates:

1. At least 4 of the following core disciplines:

A. Physical therapy;

B. Occupational therapy;

C. Speech and language therapy;

D. Psychotherapy;

E. Rehabilitation nursing; and

F. Social work; and

2. At least 2 of the following disciplines:

A. Psychology;

B. Audiology;

C. Respiratory therapy;

D. Therapeutic recreation;

E. Orthotics;

F. Prosthetics;

G. Special education or instruction; and

H. Vocational rehabilitation; and

(2) Any other service that the Secretary may designate by regulation.

(c) “Comprehensive rehabilitation facility” means:

(1) Any person that provides or holds himself out as providing comprehensive physical rehabilitation services on an out-patient basis; or

(2) A hospital that is licensed as a special rehabilitation hospital under Subtitle 3 of this title.

(d) (1) “Health care facility” includes any facility defined in § 19-114(d) of this title.

(2) “Health care facility” does not include a home health agency that is licensed under Subtitle 4 of this title.

(e) “Specialized rehabilitation program” means any of the specialty programs that the Commission on Accreditation of Rehabilitation Facilities accredits, including:

(1) Spinal cord injury programs;

(2) Head injury programs; and

(3) Infant and early childhood developmental programs.
Md. Code, Health - General § 19-302 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-302
§19–302.
Status: in_force

(a) This subtitle does not apply to a dispensary or first aid treatment facility that is maintained only to provide services for:

(1) Employees of a commercial or industrial plant;

(2) Employees or students of an educational institution; or

(3) Individuals in a convent, county home, motel, hotel, apartment, or facility, if the individuals are able to live independently.

(b) This subtitle applies to the provision of home health care services by a hospital or related institution to 2 or more unrelated individuals, whether the services are provided directly or under contract with a home health agency.
Md. Code, Health - General § 19-1B-02 — MD Code / Article ghg / Title 19 / Subtitle 1B / Section 19-1B-02
§19–1B–02.
Status: in_force

(a) There is a Community Integrated Medical Home Program.

(b) The mission of the Community Integrated Medical Home Program is to:

(1) Keep Maryland families healthy through the use of innovative mapping tools that allow better targeting of resources to those in need;

(2) Coordinate comprehensive services provided by a participating patient centered medical home with public health resources in local communities across the State; and

(3) Provide complementary support for qualified individuals between office visits.

(c) The Community Integrated Medical Home Program shall be administered jointly by the Commission and the Department.
Md. Code, Alcoholic Beverages and Cannabis § 19-403 — MD Code / Article gab / Title 19 / Subtitle 4 / Section 19-403
§19–403.
Status: in_force

(a) This section applies to a Class 6 pub–brewery license in the county.

(b) Section 2–208(d) of this article does not apply in the county.

(c) A holder of a Class 6 pub–brewery license may sell alcoholic beverages at retail:

(1) Monday through Saturday, from 7 a.m. to 1:45 a.m. the following day; and

(2) Sunday from noon to midnight, except if Christmas Eve or New Year’s Eve is on a Sunday, then from noon to 2 a.m. the following day.

(d) (1) The Executive Director may issue to a single applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not both, for a location in an enterprise zone in the county, if the applicant holds no more than three Class B beer, wine, and liquor licenses.

(2) This subsection does not limit the number of Class 6 pub–brewery licenses that the Executive Director may issue in the county.
Md. Code, State Finance and Procurement § 19-105 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-105
§19–105.
Status: in_force

(a) The provisions of this title are to be liberally construed to accomplish its objectives and purposes.

(b) For purposes of administration, the Commission shall construe the provisions of this title.

(c) A decision of the Commission is subject to judicial review under § 19-113 of this title.
Md. Code, Health - General § 19-102 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

(a) The General Assembly finds that the health care regulatory system in this State is a highly complex structure that needs to be constantly reevaluated and modified in order to better reflect and be more responsive to the ever changing health care environment and the needs of the citizens of this State.

(b) The purpose of this subtitle is to establish a streamlined health care regulatory system in this State in a manner such that a single State health policy can be better articulated, coordinated, and implemented in order to better serve the citizens of this State.
Md. Code, Local Government § 19-611 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-611
§19–611.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, an agreement entered under § 19–602(b) of this subtitle may include the provisions that the counties adopt in the authorizing resolution.

(2) An agreement may not expire before the redemption or maturity of the notes issued under the agreement.

(b) By agreement, two or more counties may establish a trust or similar arrangement authorized to sell notes on the same terms and in the same manner as counties may sell notes under this part and loan the proceeds of the notes to the counties.
Md. Code, Health - General § 19-304 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-304
§19–304.
Status: in_force

(a) A hospital or related institution shall:

(1) Report an unexpected occurrence related to an individual’s medical treatment that results in death or serious disability that is not related to the natural course of the individual’s illness or underlying disease condition; and

(2) Submit the report to the Department within 5 days of the hospital’s or related institution’s knowledge of the occurrence.

(b) A hospital or related institution may report to the Department an unexpected occurrence or other incident related to an individual’s medical treatment that does not result in death or serious disability.

(c) A hospital or related institution shall:

(1) Conduct a root cause analysis of an occurrence required to be reported under subsection (a) of this section; and

(2) Unless the Department approves a longer time period, submit the root cause analysis to the Department within 60 days of the hospital’s or related institution’s knowledge of the occurrence.

(d) If a hospital or related institution fails to comply with subsection (a) or (c) of this section, the Secretary may impose a fine of $500 per day for each day the violation continues.

(e) The Secretary shall adopt regulations to implement this section.
Md. Code, Local Government § 19-220 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-220
§19–220.
Status: in_force

(a) A governmental entity may issue bond or grant anticipation notes under this part as notes in the nature of commercial paper.

(b) A bond or grant anticipation note issued as a note in the nature of commercial paper may be secured by:

(1) a trust indenture with a trust company, or a bank with powers of a trust company, in or outside the State; and

(2) a letter of credit, line of credit, or other credit arrangement from or with a lending institution.

(c) (1) For bond anticipation notes, the credit arrangement may be made payable out of:

(i) the first proceeds of sale of the bonds; or

(ii) the tax or other revenue that the governmental entity has pledged to payment of the principal of and interest on the bonds.

(2) For grant anticipation notes, the credit arrangement may be made payable out of the proceeds of the grant.
Md. Code, Health - General § 19-1B-01 — MD Code / Article ghg / Title 19 / Subtitle 1B / Section 19-1B-01
§19–1B–01.
Status: in_force

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

(b) “Advisory body” means the Community Integrated Medical Home Program advisory body.

(c) “Carrier” has the meaning stated in § 15–1801 of the Insurance Article.

(d) “Commission” means the Maryland Health Care Commission.

(e) “Community integrated medical home” means a certified participating patient centered medical home integrated with community–based services and supports provided by certified entities to address social as well as medical determinants of health.

(f) “Managed care organization” has the meaning stated in § 15–101 of this article.

(g) “Patient centered medical home” means a primary care practice organized to provide a first, coordinated, ongoing, and comprehensive source of care to patients to:

(1) Foster a partnership with a qualifying individual;

(2) Coordinate health care services for a qualifying individual; and

(3) Exchange medical information with carriers, other providers, and qualifying individuals.
Md. Code, Health - General § 19-120.1 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-120.1
§19–120.
Status: in_force

§19–120.1.

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

(2) “Certificate of conformance” means an approval issued by the Commission that allows an acute general hospital to establish emergency PCI services or elective PCI services without a certificate of need.

(3) “Certificate of ongoing performance” means an approval issued by the Commission that the cardiac surgery services, emergency PCI services, or elective PCI services provided by an acute general hospital meet standards evidencing continued quality.

(4) “Elective PCI” (also known as “nonprimary PCI”) includes PCI provided to a patient who is not suffering from an acute coronary syndrome, but whose condition is appropriately treated with PCI based on regulations established by the Commission.

(5) “Emergency PCI” (also known as “primary PCI”) includes PCI capable of relieving coronary vessel narrowing associated with STEMI or, as defined by the Commission in regulations, STEMI equivalent.

(6) “PCI” means percutaneous coronary intervention.

(7) (i) “Percutaneous coronary intervention” means a procedure in which a catheter is inserted into a blood vessel and guided to the site of the narrowing of a coronary artery to relieve coronary narrowing.

(ii) “Percutaneous coronary intervention” includes a variety of catheter–based techniques, including balloon angioplasty.

(8) “STEMI” (ST–segment–elevation myocardial infarction) means a type of heart attack or myocardial infarction that is caused by a prolonged period of blocked blood supply, which affects a large area of the heart muscle and causes changes on an electrocardiogram and in the blood levels of key chemical markers.

(b) (1) Beginning July 1, 2012, before an acute general hospital may establish emergency PCI services or elective PCI services, the hospital shall obtain a certificate of conformance from the Commission.

(2) The Commission may not issue a certificate of conformance unless the Commission finds that the proposed emergency PCI services or proposed elective PCI services:

(i) Are consistent with the State Health Plan for Facilities and Services;

(ii) Will result in the delivery of more efficient and effective health care services; and

(iii) Are in the public interest.

(c) Notwithstanding subsection (b) of this section, a certificate of conformance is not required for an acute general hospital to establish emergency PCI services if:

(1) The acute general hospital was providing emergency PCI services on January 1, 2012; and

(2) The Commission determines that the emergency PCI services are consistent with the State Health Plan for Facilities and Services.

(d) Notwithstanding subsection (b) of this section, a certificate of conformance is not required for an acute general hospital to establish elective PCI services if:

(1) On January 1, 2012, the acute general hospital was providing elective PCI services through the C–PORT E registry under authority of a research waiver issued by the Commission;

(2) The Commission finds that the C–PORT E study produced results that should guide public policy; and

(3) The Commission determines that the elective PCI services provided by the acute general hospital continue to be consistent with:

(i) The requirements of the C–PORT E registry; and

(ii) Except for the requirements under COMAR 10.24.05.05, the requirements for maintaining a research waiver under COMAR 10.24.05 and 10.24.17, Table A–1.

(e) (1) This subsection applies to an acute general hospital that provides cardiac surgery or PCI services under:

(i) A certificate of need issued under § 19–120 of this subtitle;

(ii) A certificate of conformance issued under this section; or

(iii) An exception from the certificate of conformance requirements under subsection (c) or (d) of this section.

(2) An acute general hospital shall obtain and maintain a certificate of ongoing performance to continue to provide:

(i) Cardiac surgery services;

(ii) Emergency PCI services; or

(iii) Elective PCI services.

(f) An acute general hospital that is providing elective PCI services under a research waiver issued by the Commission and does not meet the requirements of subsection (d) of this section shall obtain a certificate of conformance for its elective PCI services before the acute general hospital may obtain a certificate of ongoing performance to provide the elective PCI services.

(g) (1) The Commission shall adopt regulations through an update to the State Health Plan for Facilities and Services to implement this section.

(2) The regulations shall:

(i) Address quality, access, and cost;

(ii) Establish a process and minimum standards for obtaining a certificate of conformance;

(iii) Establish a process and minimum standards for obtaining and maintaining a certificate of ongoing performance;

(iv) Set an appropriate time period for the expiration of a certificate of ongoing performance;

(v) Require, as a condition of the issuance of a certificate of conformance or a certificate of ongoing performance, that an acute general hospital agree to voluntarily relinquish its authority to provide cardiac surgery services, emergency PCI services, or elective PCI services if the hospital fails to meet the applicable standards established by the Commission;

(vi) Establish a process for an acute general hospital that is out of compliance with minimum standards for a certificate of ongoing performance to return to good standing;

(vii) Require that an acute general hospital, except for an acute general hospital located in a part of the State that does not have sufficient access to emergency PCI services, have provided emergency PCI services in accordance with established standards before seeking a certificate of conformance for elective PCI services;

(viii) Prohibit an acute general hospital from providing elective PCI services unless the acute general hospital also provides emergency PCI services;

(ix) Incorporate, to the extent appropriate, the standards for cardiac surgery services, emergency PCI services, and elective PCI services recommended by the clinical advisory group established under paragraph (3) of this subsection;

(x) Include requirements for peer or independent review, consistent with the ACCF/AHA/SCAI Guidelines for Percutaneous Coronary Intervention (Report of the American College of Cardiology Foundation/American Heart Association Task Force on Practice Guidelines and the Society for Cardiovascular Angiography and Interventions), of difficult or complicated cases and for randomly selected cases; and

(xi) For a certificate of conformance for elective PCI services, give weight to the experience, performance, investment, and scope of interventional capabilities of an applicant hospital that was providing emergency PCI services on January 1, 2012.

(3) (i) The Commission shall establish a clinical advisory group to advise the Commission and recommend standards for cardiac surgery services, emergency PCI services, and elective PCI services for inclusion in regulations adopted under this subsection.

(ii) The clinical advisory group shall be composed of experts in cardiac surgery services and PCI services, including:

1. Clinicians and representatives from hospitals in the State with and without on–site cardiac surgery services and with and without PCI services;

2. At least one representative of an acute general hospital that is not part of a merged asset system and provides only emergency PCI services; and

3. Other persons with needed expertise from inside and outside the State.

(4) (i) On or before September 30, 2013, after obtaining advice from the clinical advisory group and other appropriate stakeholders, the Commission shall:

1. Develop recommended regulations under this subsection;

2. Post the recommended regulations on its website for public comment; and

3. Submit the recommended regulations to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee.

(ii) The Senate Finance Committee and the House Health and Government Operations Committee shall have 60 days from receipt of the recommended regulations for review and comment.
Md. Code, Health - General § 19-908 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-908
§19–908.
Status: in_force

The Secretary shall issue a license to any applicant if the applicant and the hospice care program and its medical director meet the requirements of this subtitle.
Md. Code, Insurance § 19-506.1 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-506.1
§19–506.
Status: in_force

§19–506.1.

(a) (1) Notwithstanding §§ 19–505 and 19–506 of this subtitle, a first named insured is not required to obtain coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle under a motor vehicle liability insurance policy that:

(i) provides coverage that does not exceed the minimum liability coverage specified in § 17–103(b) of the Transportation Article; and

(ii) 1. subject to paragraph (2) of this subsection, is issued, sold, or delivered by the Maryland Automobile Insurance Fund; or

2. subject to paragraph (3) of this subsection, is issued, sold, or delivered by an insurer other than the Maryland Automobile Insurance Fund.

(2) The Maryland Automobile Insurance Fund shall offer a first named insured, at the time of application for a policy described in paragraph (1)(i) of this subsection, the option to reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle if, prior to the application, the applicant has not been insured continuously by the Maryland Automobile Insurance Fund for at least 1 year.

(3) An insurer other than the Maryland Automobile Insurance Fund may offer a first named insured, at the time of application for a policy described in paragraph (1)(i) of this subsection, the option to reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle if:

(i) prior to the application, the applicant was insured by an insurer other than the Maryland Automobile Insurance Fund; and

(ii) the insurer under the prior policy canceled the policy before the end of the policy’s term.

(b) At the time of application for a policy described in subsection (a)(1)(i) of this section, the first named insured shall elect in writing to:

(1) obtain coverage for the benefits described in § 19–505 of this subtitle;

(2) waive coverage for the benefits described in § 19–505 of this subtitle in accordance with § 19–506 of this subtitle; or

(3) reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section.

(c) (1) The election under subsection (b) of this section shall be made on the form that the Commissioner requires.

(2) The form may be part of the insurance contract.

(3) The form shall clearly and concisely explain in 10 point boldface type:

(i) that the first named insured must elect in writing to:

1. obtain coverage for the benefits described in § 19–505 of this subtitle;

2. waive coverage for the benefits described in § 19–505 of this subtitle in accordance with § 19–506 of this subtitle; or

3. reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section;

(ii) the nature, extent, and cost of coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle if not rejected by the first named insured;

(iii) that the election to reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section is effective until the end of the policy’s term unless the first named insured:

1. withdraws the rejection in writing;

2. obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or

3. increases any coverage under the policy to an amount that exceeds the minimum liability coverage specified in § 17–103(b) of the Transportation Article; and

(iv) that on renewal of the policy, unless the first named insured notifies the insurer in writing that the first named insured wishes to obtain coverage for the benefits described in § 19–505 of this subtitle, the insurer shall provide the coverage described in § 19–506 of this subtitle.

(d) (1) A rejection of coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section is effective until the end of the policy’s term unless the first named insured:

(i) withdraws the rejection in writing;

(ii) obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or

(iii) increases any coverage under the policy to an amount that exceeds the minimum liability coverage specified in § 17–103(b) of the Transportation Article.

(2) On renewal of the policy, unless the first named insured notifies the insurer in writing that the first named insured wishes to obtain coverage for the benefits described in § 19–505 of this subtitle, the insurer shall provide the coverage described in § 19–506 of this subtitle.
Md. Code, Business Occupations and Professions § 19-302 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-302
§19–302.
Status: in_force

(a) To qualify for a license, an applicant shall meet the requirements of this section.

(b) If the applicant is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm.

(c) (1) If the applicant is an individual, the applicant shall be of good character and reputation.

(2) If the applicant is a firm, each firm member shall be of good character and reputation.

(d) The individual applicant or the representative member shall be at least 25 years old.

(e) The applicant shall meet the experience requirements of § 19-303 of this subtitle.
Md. Code, State Finance and Procurement § 19-109 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-109
§19–109.
Status: reserved

(a) A request for a contested case hearing in accordance with the procedures specified in this section may be made by:

(1) a business entity, upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the business entity, and failure of timely conciliation; or

(2) a complainant on a Commission determination that the complainant has filed a knowingly false or frivolous complaint.

(b) (1) To submit a matter to an administrative hearing as a contested case under this title, the business entity or the complainant must request a contested case hearing by filing a written notice with the Commission within 15 calendar days of notice of the initial findings and recommendations.

(2) The notice must contain the following information:

(i) a demand that the matter be referred to the Office of Administrative Hearings for a contested case hearing in accordance with § 10–205(c)(2) of the State Government Article;

(ii) the names, addresses, and telephone numbers of the Commission, the business entity’s representatives, and any other parties;

(iii) a reference to this title; and

(iv) a summary of the Commission’s findings and recommendations that are being submitted for resolution to the administrative law judge for the contested case hearing.

(3) The requesting party shall immediately serve notice of the request for a contested case hearing upon all other parties.

(c) If the business entity fails to properly request a contested case hearing, the initial findings and recommendations of the Commission shall become the final administrative decision of the State, and the Commission shall then be authorized to enter any order and to take any action reasonably necessary or convenient to:

(1) implement remedies under § 19–110 of this title;

(2) impose sanctions under § 19–111 of this title; and

(3) govern the conduct of the parties in the manner described under § 19–112 of this title so that the purposes of this title are achieved.

(d) (1) (i) For each contested case hearing properly requested by the business entity or by the complainant, the Commission shall file a statement of charges with the Office of Administrative Hearings and request a hearing before an administrative law judge in a manner consistent with the requirements of this subsection.

(ii) The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the location of the evidence.

(iii) At the contested case hearing, the Commission shall have the burden of proof by a preponderance of the evidence.

(2) The Office of Administrative Hearings shall conduct any contested case hearing in accordance with its rules of procedure under COMAR 28.02.01.

(3) (i) At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision.

(ii) The administrative law judge’s written decision may:

1. affirm or reject all or part of the statement of charges; or

2. substitute different findings and recommend appropriate remedies.

(4) The administrative law judge’s written decision shall be solely based on a preponderance of the evidence contained in the record of the contested case hearing and shall reflect the evidentiary basis for its findings.

(5) An administrative law judge may consider any evidence regarding the factors described in § 19–108(a) of this title when determining whether to sustain an allegation presented in a statement of charges.

(e) Notwithstanding any contrary provision in this title, unless the administrative law judge finds that one or more allegations giving rise to the Commission’s findings or the business entity’s challenge to the findings were frivolous or knowingly false when made, each party shall bear the cost of its own legal representation and expert witness fees.

(f) If the administrative law judge finds that one or more allegations giving rise to the Commission’s findings or the business entity’s challenge to the findings was frivolous or knowingly false when made, the administrative law judge may require the party who made the frivolous or knowingly false allegations to bear all or a portion of the other party’s legal fees and expert witness fees.

(g) The business entity, the Commission, and the complainant shall cooperate in good faith to have the contested case hearing concluded within 180 days after the business entity issues its notice for a contested case hearing.

(h) If the Commission determines that one or more allegations are knowingly false or frivolous, the complainant making the allegations shall be entitled to a contested case hearing on the allegations that are determined to be knowingly false or frivolous in accordance with the procedures set forth in this section, except that all references to the business entity with respect to matters of contested case hearing rules and procedure shall apply to the complainant.

(i) If the complainant fails to properly request a contested case hearing regarding a determination of a knowingly false or frivolous allegation as provided in this title, the initial findings and recommendations shall become the final administrative decision of the State in accordance with § 19–112 of this title.

(j) (1) If a timely contested case hearing is not requested, the Commission may vacate the Commission staff’s recommended remedy on written notice to all parties within 5 business days after the time for requesting a contested case hearing has expired.

(2) In the absence of notice, the Commission shall be deemed to have approved the Commission staff’s recommended remedy.

(k) To the extent that procedures and standards stated in this title differ from those contained in Title 10, Subtitle 2 of the State Government Article, this title shall govern but, in all other respects, the provisions of the State Government Article shall govern.
Md. Code, Education § 19-104 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-104
§19–104.
Status: in_force

(a) Any bonds issued under the provisions of this title may be secured by a trust agreement between a system and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State.

(b) Any trust agreement may pledge or assign all or any part of a system’s auxiliary facilities fees and academic fees.

(c) Any trust agreement or any resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders reasonable and proper and not in violation of law, including covenants which shall include but not be limited to:

(1) The duties of a system in relation to the acquisition of property, and the construction, improvement, maintenance, repair, operation, use, and insurance of any auxiliary facilities or any academic facilities authorized under the requirements of this title;

(2) The duties of a system in relation to auxiliary facilities fees and academic fees;

(3) The custody, safeguarding, and application of all money;

(4) Provisions for the employment of independent consultants in connection with the construction or operation of the auxiliary facilities or any academic facilities authorized under the requirements of this title and requirements that a system follow the recommendation of such independent consultants; and

(5) Provisions in the nature of rate covenants requiring the establishment and revision of auxiliary facilities fees and academic fees at certain levels or in accordance with procedures set forth therein or requiring the maintenance of expenses at certain levels or in accordance with procedures set forth therein.

(d) Any bank or trust company incorporated under the laws of the State which acts as a depository of the proceeds of the bonds or revenues may furnish indemnifying bonds or pledge securities as required by a system.

(e) Any trust agreement or any resolution providing for the issuance of bonds may provide the rights and remedies of bondholders and trustees, and may restrict the individual right of action by bondholders.

(f) Any trust agreement or any resolution may contain other provisions a system deems reasonable and proper for the security of the bondholders, including, but not limited to, covenants to abandon, restrict, or prohibit the construction or operation of competing facilities and covenants pertaining to the issuance of additional parity bonds upon stated conditions.

(g) The resolution providing for the issuance of bonds is a trust agreement if it so stipulates.

(h) All expenses incurred in carrying out the provisions of any trust agreement or any resolution may be treated as a part of the cost of the operation of the auxiliary or academic facilities.
Md. Code, Health - General § 19-328 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-328
§19–328.
Status: in_force

(a) (1) If the Secretary determines that a life-threatening, health or fire safety deficiency exists in a related institution, the Secretary immediately may restrict new admissions to the related institution for not more than a 30-day period.

(2) Within 7 days after a request by an aggrieved party, a hearing shall be held to determine the appropriateness of the admissions restriction.

(3) Within 21 days after admissions are restricted, the related institution shall take steps to correct the deficiency.

(b) (1) Unless the Secretary lifts the admissions restriction, within 30 days after admissions are restricted, a hearing shall be held to determine whether the related institution has taken enough steps to correct the deficiency.

(2) If the Secretary finds that the deficiency still exists, the Secretary may:

(i) Continue to restrict admissions for not more than 3 consecutive 30-day periods; or

(ii) Revoke the license of the related institution and move its residents to an appropriate, licensed facility.

(3) An aggrieved party is entitled to a hearing on each continuation of the admissions restriction. Within 7 days after a request by an aggrieved party, a hearing shall be held to determine the appropriateness of the admissions restriction.
Md. Code, Health - General § 19-338 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-338
§19–338.
Status: in_force

(a) The Secretary shall determine whether the receivership can be funded by State funds previously designated for the community program. In the event that previously designated funds are available, these funds shall be used for the operation of the receivership.

(b) In the event that there are insufficient funds to operate the receivership, the Secretary may petition the Board of Public Works for sufficient funds to operate the receivership.

(c) (1) State funds used to operate a receivership under this section shall be a lien on the community program and its assets if the receiver files a notice of the lien that contains:

(i) The amount of the lien;

(ii) The name of the community program to which the lien attaches; and

(iii) A description of the assets of the community program that are affected by the lien.

(2) The receiver shall file the notice of lien with:

(i) The land and chattel records of the county where the sites operated by the community program are located; and

(ii) The Department of Assessments and Taxation.

(3) A lien under this subsection:

(i) Extends to the property of the community program that is described in the notice of lien; and

(ii) Has priority over any lien or other interest that attaches after the date of the completion of the filings required under this subsection.
Md. Code, Health - General § 19-382 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-382
§19–382.
Status: in_force

If a patient or the legal guardian of a patient has designated a lay caregiver under § 19–381 of this part, the hospital shall notify the lay caregiver of the discharge of the patient or the transfer of the patient to another hospital or facility licensed by the State as soon as practicable.
Md. Code, Business Regulation § 19-107 — MD Code / Article gbr / Title 19 / Subtitle 1 / Section 19-107
§19–107.
Status: in_force

A person may not serve or act as a contractor, a subcontractor, or a broker between a contractor and subcontractor in the State during the 5–year period immediately following the date the person was convicted of an offense constituting criminal malfeasance, misfeasance, or nonfeasance under any federal or state law.
Md. Code, Health - General § 19-1410.1 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1410.1
§19–1410.
Status: in_force

§19–1410.1.

(a) On or before December 1, 2008, each nursing home shall establish a safe patient lifting workgroup with equal membership from management and employees.

(b) (1) On or before July 1, 2009, the safe patient lifting workgroup shall develop a safe patient lifting policy for the nursing home.

(2) The goal of the policy shall be to reduce employee injuries associated with patient lifting.

(c) While developing a safe patient lifting policy, the workgroup shall consider, based on the patient population of that nursing home, the appropriateness and effectiveness of:

(1) Developing or enhancing patient handling hazard assessment processes;

(2) Enhanced use of mechanical lifting devices;

(3) Developing specialized lift teams;

(4) Training programs for safe patient lifting required for all patient care personnel at the nursing home;

(5) Incorporating physical space and construction design for mechanical lifting devices in any architectural plans for nursing home construction and renovation; and

(6) Developing an evaluation process to determine the effectiveness of the policy.
Md. Code, Health - General § 19-3B-06 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-06
§19–3B–06.
Status: in_force

The Secretary, by regulation, may encourage the joint acquisition, purchase, or operation of major medical equipment by two or more health care practitioners, despite the fact that such joint acquisition, purchase, or operation may limit free economic competition.
Md. Code, Insurance § 19-104 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-104
§19–104.
Status: in_force

(a) Each policy that insures a health care provider against damages due to medical injury arising from providing or failing to provide health care shall contain provisions that:

(1) are consistent with the requirements of Title 3, Subtitle 2A of the Courts Article; and

(2) authorize the insurer, without restriction, to negotiate and effect a compromise of claims unless the settlement amount exceeds the limits of the insurer’s liability.

(b) (1) An insurer may make payments to or on behalf of claimants for reasonable hospital and medical costs, loss of wages, and expenses for rehabilitation services and treatment, within the limits of the insurer’s liability, before a final disposition of the claim.

(2) A payment made under this subsection:

(i) is not an admission of liability to or of damages sustained by a claimant; and

(ii) does not prejudice the insurer or any other party with respect to any right, claim, or defense.

(c) (1) A policy issued or delivered under subsection (a) of this section may include coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider profession if the cost of the included coverage is:

(i) itemized in the billing statement, invoice, or declarations page for the policy; and

(ii) reported to the Commissioner in a form and manner required by the Commissioner.

(2) A policy providing coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider’s profession may be offered and priced separately from a policy issued or delivered under subsection (a) of this section.
Md. Code, Insurance § 19-511.1 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-511.1
§19–511.
Status: in_force

§19–511.1. IN EFFECT

(a) This section applies only when the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under § 19–509 of this subtitle.

(b) If an injured person receives a written offer from a motor vehicle liability insurer or that insurer’s authorized agent to settle a claim for bodily injury or death, and the amount of the settlement offer, in combination with any other settlements arising out of the same occurrence, would exhaust the bodily injury or death limits of the applicable liability insurance policies, bonds, and securities, the injured person shall send by certified mail, to any insurer that provides enhanced underinsured motorist coverage for the bodily injury or death, a copy of the liability insurer’s written settlement offer.

(c) Within 60 days after receipt of the notice required under subsection (b) of this section, the enhanced underinsured motorist insurer shall send to the injured person:

(1) written consent to acceptance of the settlement offer and to the execution of releases; or

(2) written refusal to consent to acceptance of the settlement offer.

(d) Within 30 days after a refusal to consent to acceptance of a settlement offer under subsection (c)(2) of this section, the enhanced underinsured motorist insurer shall pay to the injured person the amount of the settlement offer.

(e) (1) Payment as described in subsection (d) of this section shall preserve the extended enhanced underinsured motorist insurer’s subrogation rights against the motor vehicle liability insurer and its insured.

(2) Receipt by the injured person of the payment described in subsection (d) of this section shall constitute the assignment, up to the amount of the payment, of any recovery on behalf of the injured person that is subsequently paid from the applicable liability insurance policies, bonds, and securities.

(f) The injured person may accept the motor vehicle liability insurer’s settlement offer and execute releases in favor of the liability insurer and its insured without prejudice to any claim the injured person may have against the enhanced underinsured motorist insurer:

(1) on receipt of written consent to acceptance of the settlement offer and to the execution of releases; or

(2) if the enhanced underinsured motorist insurer has not met the requirements of subsection (c) or (d) of this section.

(g) Written consent by an enhanced underinsured motorist insurer to acceptance of a settlement offer under subsection (c)(1) of this section:

(1) may not be construed to limit the right of the enhanced underinsured motorist insurer to raise any issue relating to liability or damages in an action against the enhanced underinsured motorist insurer; and

(2) does not constitute an admission by the uninsured motorist insurer as to any issue raised in an action against the enhanced underinsured motorist insurer.

§19–511.1. // EFFECTIVE JUNE 30, 2029 PER CHAPTER 514 OF 2023 //

(a) This section applies only when the first named insured under a policy or binder of private passenger motor vehicle liability insurance has elected to obtain enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under § 19–509 of this subtitle.

(b) If an injured person receives a written offer from a motor vehicle liability insurer or that insurer’s authorized agent to settle a claim for bodily injury or death, and the amount of the settlement offer, in combination with any other settlements arising out of the same occurrence, would exhaust the bodily injury or death limits of the applicable liability insurance policies, bonds, and securities, the injured person shall send by certified mail, to any insurer that provides enhanced underinsured motorist coverage for the bodily injury or death, a copy of the liability insurer’s written settlement offer.

(c) Within 60 days after receipt of the notice required under subsection (b) of this section, the enhanced underinsured motorist insurer shall send to the injured person:

(1) written consent to acceptance of the settlement offer and to the execution of releases; or

(2) written refusal to consent to acceptance of the settlement offer.

(d) Within 30 days after a refusal to consent to acceptance of a settlement offer under subsection (c)(2) of this section, the enhanced underinsured motorist insurer shall pay to the injured person the amount of the settlement offer.

(e) (1) Payment as described in subsection (d) of this section shall preserve the extended enhanced underinsured motorist insurer’s subrogation rights against the motor vehicle liability insurer and its insured.

(2) Receipt by the injured person of the payment described in subsection (d) of this section shall constitute the assignment, up to the amount of the payment, of any recovery on behalf of the injured person that is subsequently paid from the applicable liability insurance policies, bonds, and securities.

(f) The injured person may accept the motor vehicle liability insurer’s settlement offer and execute releases in favor of the liability insurer and its insured without prejudice to any claim the injured person may have against the enhanced underinsured motorist insurer:

(1) on receipt of written consent to acceptance of the settlement offer and to the execution of releases; or

(2) if the enhanced underinsured motorist insurer has not met the requirements of subsection (c) or (d) of this section.

(g) Written consent by an enhanced underinsured motorist insurer to acceptance of a settlement offer under subsection (c)(1) of this section:

(1) may not be construed to limit the right of the enhanced underinsured motorist insurer to raise any issue relating to liability or damages in an action against the enhanced underinsured motorist insurer; and

(2) does not constitute an admission by the uninsured motorist insurer as to any issue raised in an action against the enhanced underinsured motorist insurer.
Md. Code, Local Government § 19-509 — MD Code / Article glg / Title 19 / Subtitle 5 / Section 19-509
§19–509.
Status: in_force

(a) Except as provided in subsection (b) of this section, each bond issued in accordance with this subtitle is a pledge of the full faith and credit of the county to the prompt payment, from the revenues described in the public local law authorizing the bond, of the principal of and interest on the bond when due.

(b) A revenue bond issued in accordance with this subtitle is not a debt of the county to which its faith and credit or taxing power is pledged.

(c) (1) If at the time bonds are issued there is no statutory limit on the power of the county to impose property taxes, the pledge under subsection (a) of this section is a covenant by the county to impose ad valorem taxes:

(i) on all real and tangible personal property in the county that is subject to assessment for unlimited county taxation; and

(ii) at a rate and in an amount sufficient to pay the principal of and the interest on the bonds in each year in which any of the bonds are outstanding.

(2) If at the time bonds are issued there is a statutory limit on the power of the county to impose property taxes, the pledge under subsection (a) of this section is a covenant by the county to impose the ad valorem taxes described in paragraph (1) of this subsection within the limits imposed by law.

(d) A statute that establishes a maximum limit on the rate at which a county may impose property taxes, or that removes an existing limit, enacted after bonds are issued by the county does not affect the covenants of the county under subsection (c) of this section with respect to bonds outstanding on the effective date of the statute.

(e) (1) A county may not issue a bond under this subtitle if, by its issuance, a statutory maximum limit imposed by statute on the power of the county to incur debt will be exceeded.

(2) A statutory maximum limit imposed after a bond is issued does not affect the county’s obligation on the bond.

(3) The obligation of a county on an outstanding bond is not affected by the issuance of a bond in accordance with an increase in the statutory maximum limit on the power of the county to incur debt, or the removal of an existing maximum limit, enacted after the outstanding bond is issued.

(f) (1) In addition to the pledge of its full faith and credit and taxing power to pay the principal of and interest on bonds, a county may secure the payment by the pledge of any other revenues, including:

(i) payments to the county from the State or federal government; and

(ii) special benefit assessments, taxes, fees, or service charges.

(2) To the extent that the additional revenues are sufficient in any year to pay the principal of and interest on the bonds to which they are pledged, the county is not obligated in that year to impose property taxes also pledged to pay the bonds.

(3) If the additional revenues are sufficient in any year to pay the principal of and interest on the bonds to which they are pledged, the failure of the county to impose property taxes pledged to pay the bonds in that year is not a breach of any payment of the principal of and interest on the bonds.
Md. Code, Education § 19-103 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

(a) (1) A system may provide, by resolution, from time to time, for the issuance, in series, of its bonds for the purpose of:

(i) Financing or refinancing all or any part of the costs of any 1 or more projects of a system, including any project previously financed by a system or any predecessor; or

(ii) Acquiring any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor.

(2) The principal of the premium, if any, and interest on bonds for the auxiliary and academic facilities shall be payable solely from: The auxiliary facilities fees of a system; the academic fees of a system; a State appropriation expressly authorized for that purpose; or the revenues from contracts, grants, or gifts received or to be received by a system. A system shall maintain separate accounts to identify the sources of payment of the bonds for the auxiliary facilities and for the academic facilities.

(3) Any resolution shall describe the auxiliary and academic facility or facilities to be financed or refinanced by the bonds, the maximum principal amount of the bonds, the sources of payment of the bonds for any auxiliary facilities, and the sources of payment of the bonds for any academic facilities.

(4) The resolution may also prescribe the other matters required or permitted to be determined by a system under this title or may provide that such matters may be prescribed in a trust agreement relating to the bonds that has been approved by such members of the Board as the resolution may prescribe.

(b) (1) The bonds of each issue shall be dated, shall bear interest at such rate or rates, and interest may be calculated in accordance with any method, as may be determined by a system.

(2) (i) The bonds of each issue for any auxiliary facilities shall mature at such time or times not exceeding the useful life of the project for which the bonds are issued, but in no event exceeding 33 years from their date or dates of issue, as may be determined by a system.

(ii) The bonds of each issue for any academic facilities shall mature at such times, not exceeding the useful life of the project, but not later than 21 years after their respective dates of issue, as may be determined by a system.

(3) The bonds of each issue may be made redeemable before maturity at such price or prices and under such terms and conditions or in accordance with such method, as may be fixed by a system prior to the issuance of the bonds.

(4) A system shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or without the State.

(c) The bonds shall bear the manual or facsimile signature of the chairman or one of the other members of the Board. The official seal of a system or a facsimile thereof shall be affixed to the bonds, attested by the manual or facsimile signature of the secretary or any assistant secretary of the Board. In case any officer whose manual or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile thereof is valid and sufficient for all purposes as if the officer had remained in office until delivery.

(d) All bonds issued under the provisions of this title shall have all the qualities and incidents of negotiable instruments under the laws of the State relating to negotiable instruments. The bonds may be issued in coupon, registered, or book entry form or any combination thereof. A system may sell bonds at a public or private (negotiated) sale for any price.

(e) (1) The proceeds of the bonds of each issue shall be used:

(i) For the payment of the financing or refinancing of or reimbursement to a system of the costs of any project for which the bonds are issued;

(ii) For the acquisition of any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor; or

(iii) For any combination thereof.

(2) The proceeds of the bonds of each issue shall be disbursed under the terms and conditions of the resolution or trust agreement relating to such bonds. The resolution or trust agreement may provide for the issuance of additional bonds to finance or refinance any auxiliary facility or any academic facility that was authorized under the requirements of this title. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing them, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same sources without preference or priority of the bonds first issued.

(f) Prior to the preparation of definitive bonds, a system, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds are executed and available for delivery. The resolution or trust agreement may provide for the replacement of any bonds mutilated, destroyed, or lost.

(g) Bonds may be issued under the provisions of this title without obtaining the consent of any department, division, commission, board, bureau, or agency of the State, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are required specifically by provisions of this title. The provisions of Title 8, Subtitle 2 of the State Finance and Procurement Article do not apply to bonds issued under the provisions of this title.

(h) Any bonds issued under the authority of this title do not create or constitute any indebtedness or obligation of the State or of any political subdivision thereof except a system, and the bonds shall so state on their face. The bonds do not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.

(i) (1) Under the resolution or trust agreement, a system may pledge to the payment of the principal of and premium, if any, and interest on the bonds:

(i) All or any part of a system’s auxiliary facilities fees and academic fees;

(ii) The proceeds of the bonds and investment earnings thereon; and

(iii) Reserves or other funds established for the bonds under the resolution or trust agreement or other money which may lawfully be applied to the payment of the bonds.

(2) Prior to and during construction and for 1 year after completion of construction of any auxiliary or academic facilities for which bonds have been issued, the interest on the bonds may be paid out of the proceeds of the bonds or out of other money allocated for that purpose.

(j) (1) A system may provide, from time to time, for the issuance and sale of its bond anticipation notes in accordance with the procedures set forth in this title for the issuance of bonds. The principal of and premium, if any, and interest on the notes shall be payable out of the first proceeds of sale of any series of bonds issued under the provisions of this title or any other sources from which bonds issued hereunder could be paid.

(2) Bond anticipation notes may be issued in series as funds are required and may be renewed or extended at maturity with or without resale. All such notes shall be sold and executed in the same manner as provided for bonds issued pursuant to this title.

(3) Except where the provisions of this title would be inapplicable to bond anticipation notes, the term “bonds” used in this title shall include bond anticipation notes, including (without in any way limiting the foregoing) the provisions pertaining to the exemption from taxation by the State and its political subdivisions.

(k) In connection with the issuance of any bonds, after consultation with the Treasurer a system may obtain, or enter into such agreements and contracts for, bond insurance, reserve fund insurance, a letter of credit, a line of credit, or any form of additional, substitute or replacement security for any bonds and a system may pledge or assign all or any part of its auxiliary facilities fees and academic fees to the repayment or reimbursement of the provider of such bond insurance, reserve fund insurance, letter of credit, line of credit, or other form of additional, substitute, or replacement security. Any such agreements and contracts may contain such covenants, terms, and conditions as may be contained in any trust agreement for any bonds.
Md. Code, Business Regulation § 19-607 — MD Code / Article gbr / Title 19 / Subtitle 6 / Section 19-607
§19–607.
Status: in_force

(a) A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $12,000 or imprisonment not exceeding 1 year or both, in addition to any penalty imposed under federal law.

(b) In determining the penalty, the court shall consider:

(1) any previous violations of this subtitle by the international marriage broker;

(2) the seriousness of the violation, including the nature, circumstances, and extent of the violation;

(3) the demonstrated good faith of the international marriage broker; and

(4) the necessity of deterring future violations.
Md. Code, Commercial Law § 19-305 — MD Code / Article gcl / Title 19 / Subtitle 3 / Section 19-305
§19–305.
Status: in_force

If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
Md. Code, Alcoholic Beverages and Cannabis § 19-1002 — MD Code / Article gab / Title 19 / Subtitle 10 / Section 19-1002
§19–1002.
Status: reserved

(a) There is a venue beer, wine, and liquor license.

(b) The Board may issue the license to a nonprofit or for–profit retail business that hosts weddings, banquets, parties, meetings, and similar events, whether private or open to the public, at a venue that:

(1) is at least 2,000 square feet in size;

(2) can accommodate at least 100 individuals for a single event, whether inside the venue or outside on the venue’s premises; and

(3) has adequate bathroom facilities.

(c) (1) The license authorizes the license holder to sell or serve beer, wine, and liquor at retail, by the drink or by the bottle, for on–premises consumption:

(i) during an event hosted by the license holder at the license holder’s venue; and

(ii) only if food is also provided during the event.

(2) A license holder may not allow an individual to carry beer, wine, and liquor onto or off the licensed premises.

(d) The license may not be transferred to another location.

(e) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 19–2005 of this title.

(f) The annual fee for the license is $1,500.

(g) The Board may adopt regulations to carry out this section.
Md. Code, Health - General § 19-1904 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1904
§19–1904.
Status: in_force

(a) As part of the application for a State criminal history records check to be conducted by the Department, an eligible employee shall submit to the adult dependent care program:

(1) Except as provided in subsection (c) of this section, a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository; and

(2) The disclosure statement required under § 19-1905 of this subtitle.

(b) The adult dependent care program shall submit the fingerprints, disclosure statement, and payment for the costs of the criminal history records check.

(c) The requirement that a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository be submitted as part of the application for a criminal history records check may be waived by the Department if:

(1) The eligible employee has attempted to have a complete set of fingerprints taken on at least two occasions;

(2) The taking of a complete set of legible fingerprints is not possible because of a physical or medical condition of the eligible employee’s fingers or hands;

(3) The eligible employee submits documentation satisfactory to the Department of the requirements of this subsection; and

(4) The eligible employee submits the other information required for a criminal history records check to be conducted by the Department as part of the application process.
Md. Code, Health - General § 19-1417 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1417
§19–1417.
Status: in_force

This subtitle may be cited as the “Maryland Nursing Home Quality Assurance Act”.
Md. Code, Health - General § 19-104 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-104
§19–104.
Status: in_force

(a) (1) The Commission shall consist of 15 members appointed by the Governor with the advice and consent of the Senate.

(2) Of the 15 members:

(i) Nine shall be individuals who do not have any connection with the management or policy of a health care provider or payor; and

(ii) Of the remaining six members:

1. Two shall be physicians;

2. Two shall be payors, as defined in § 19-132 of this subtitle;

3. One shall be a nursing home administrator in the State; and

4. One shall be a nonphysician health care practitioner.

(b) (1) The term of a member is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1999.

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

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

(5) The Governor may remove a member for neglect of duty, incompetence, or misconduct.

(6) A member may not serve more than two consecutive terms.

(c) When appointing members to the Commission, the Governor shall:

(1) Assure that:

(i) At least five members are residents of different counties with a population of 300,000 or more; and

(ii) At least three members are residents of different counties with a population of less than 300,000, of which at least:

1. One shall be a resident of the Eastern Shore;

2. One shall be a resident of Allegany County, Garrett County, Washington County, Carroll County, or Frederick County; and

3. One shall be a resident of Southern Maryland; and

(2) To the extent practicable, assure geographic balance and promote racial, ethnic, and gender diversity in the Commission's membership.
Md. Code, Insurance § 19-519 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-519
§19–519.
Status: in_force

(a) Notwithstanding any other provision of law, an authorized motor vehicle insurer and the Maryland Automobile Insurance Fund may reinstate, without a lapse in coverage, a private passenger motor vehicle liability insurance policy that was canceled by the insurer or the Fund for nonpayment of premium on payment by the policyholder of:

(1) all earned premiums owed to the insurer or the Fund; and

(2) any reasonable fee approved by the Commissioner under § 27–216(b)(5) of this article.

(b) Before an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund reinstates a policy under this section, the policyholder shall provide to the insurer or the Fund a written certification, in the form and manner specified by the insurer or the Fund, that no losses were incurred by the policyholder from the time and date the policy was canceled through the time and date the policy is reinstated.

(c) A reinstatement of a policy by an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund under this section:

(1) shall be implemented in accordance with written underwriting guidelines adopted by the insurer or the Fund; and

(2) is subject to the requirements of § 27–501(a) of this article in the same manner as a cancellation, a refusal to underwrite, or a refusal to renew a risk or class of risk.
Md. Code, Alcoholic Beverages and Cannabis § 19-1407 — MD Code / Article gab / Title 19 / Subtitle 14 / Section 19-1407
§19–1407.
Status: in_force

The Board may set and charge a fee to cover the cost of obtaining the applicant’s fingerprints and the results of the State and national criminal history records check.
Md. Code, Health - General § 19-108 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-108
§19–108.
Status: in_force

(a) In addition to the duties set forth elsewhere in this subtitle, the Commission:

(1) Shall adopt regulations specifying the Comprehensive Standard Health Benefit Plan to apply under Title 15, Subtitle 12 of the Insurance Article; and

(2) On or before March 1, 2008, in consultation with the Department, shall propose regulations to:

(i) Specify the components of wellness benefits, offered under Title 15, Subtitle 12 of the Insurance Article, that include incentives or differential cost–sharing for employees based on their participation in wellness activities; and

(ii) Require small employers receiving a subsidy of small employer health benefit plan premium contributions under Title 15, Subtitle 12A of the Insurance Article to agree to purchase a wellness benefit.

(b) In carrying out its duties under this section, the Commission shall comply with the provisions of § 15–1207 and Title 15, Subtitle 12A of the Insurance Article.
Md. Code, Health - General § 19-308.6 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-308.6
§19–308.
Status: in_force

§19–308.6.

(a) The Secretary, in consultation with the Association of Maryland Hospitals and Health Systems and the Maryland Association of Hospital Security and Safety Directors, shall develop a uniform set of emergency security codes for hospitals.

(b) The Secretary shall adopt regulations to implement the uniform set of emergency security codes.

(c) Each hospital in Maryland shall implement the provisions of the uniform set of emergency security codes for hospitals within 2 years of the adoption of the regulations by the Secretary.
Md. Code, Insurance § 19-204 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-204
§19–204.
Status: in_force

A policy or contract of homeowner’s liability insurance that contains a representation that the insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to an individual covered by the policy or contract may not be issued unless the policy or contract also provides that the insurer will pay all medical expenses incurred within 3 years after the date of the accident.
Md. Code, Health - General § 19-3B-09 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-09
§19–3B–09.
Status: in_force

(a) A person who violates any provision of this subtitle or any regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000 or imprisonment not exceeding 1 year or both. Each day a violation is continued after the first conviction is a separate offense.

(b) (1) In addition to the provisions of subsection (a) of this section, the Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this subtitle or any regulations adopted under this subtitle.

(2) The Secretary shall adopt regulations to provide standards for the imposition of an administrative penalty under paragraph (1) of this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 19-805 — MD Code / Article gab / Title 19 / Subtitle 8 / Section 19-805
§19–805.
Status: in_force

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

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

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

(d) The annual license fee is $350.
Md. Code, Health - General § 19-105 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-105
§19–105.
Status: in_force

(a) The Governor shall appoint the chairman of the Commission.

(b) The chairman may appoint a vice chairman for the Commission.
Md. Code, Health Occupations § 19-309 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-309
§19–309.
Status: reserved

(a) (1) The Board shall place a licensee on inactive status for a maximum of 5 years, if the licensee submits to the Board:

(i) A written application for inactive status in a form prescribed by the Board; and

(ii) The inactive status fee set by the Board.

(2) The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of:

(i) The date that the license expired;

(ii) The date that the licensee’s inactive status becomes effective;

(iii) The date that the licensee’s inactive status expires; and

(iv) The consequences of not resuming active status before expiration of inactive status.

(3) Subject to subsection (e) of this section, the Board shall reactivate a license for an individual on inactive status who:

(i) Applies to the Board for reactivation of the license;

(ii) Complies with the reactivation requirements that are in effect when the individual requests the reactivation of the license;

(iii) Has completed the number of credit hours of approved continuing education in social work set by the Board in the 2 years preceding the licensee’s application for reactivation;

(iv) Pays to the Board the reactivation processing fee set by the Board;

(v) Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 19–302.2 of this subtitle; and

(vi) Has been on inactive status for less than 5 years.

(b) (1) The Board shall place a licensee on nonrenewed status for a maximum of 5 years if the licensee does not renew the licensee’s license under § 19–308 of this subtitle or apply for inactive status under subsection (a) of this section.

(2) The Board shall provide a licensee who does not renew the licensee’s license under § 19–308 of this subtitle or apply for inactive status under subsection (a) of this section with written notification of:

(i) The date that the license expired;

(ii) The date that the licensee’s nonrenewed status becomes effective;

(iii) The date that the licensee’s nonrenewed status expires; and

(iv) The fact that the licensee may not practice social work in the State.

(3) Subject to subsection (e) of this section, the Board shall reinstate a license for an individual on nonrenewed status who:

(i) Applies to the Board for reinstatement of the license;

(ii) Pays to the Board the reinstatement processing fee set by the Board;

(iii) Complies with the reinstatement requirements that are in effect when the individual requests the reinstatement of the license;

(iv) Has completed the number of credit hours of approved continuing education in social work set by the Board in the 2 years preceding the individual’s application for reinstatement;

(v) Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 19–302.2 of this subtitle; and

(vi) Has been on nonrenewed status for less than 5 years.

(c) An individual who has been on inactive status or nonrenewed status for more than 5 years or who otherwise fails to apply for reactivation under subsection (a)(3) of this section or reinstatement under subsection (b)(3) of this section shall apply for reissuance in accordance with subsection (d) of this section.

(d) Subject to subsection (e) of this section, the Board shall reissue a license to an individual who:

(1) Applies to the Board for reissuance of the license;

(2) Pays to the Board the reissuance processing fee set by the Board and any other appropriate fees required by the Board;

(3) Provides any documentation required by the Board, in a form prescribed by the Board;

(4) Meets the requirements of § 19–302(a) of this subtitle;

(5) Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 19–302.2 of this subtitle; and

(6) (i) Passes the respective examination required for initial licensure; or

(ii) 1. Holds an active license to practice social work in another state under a category of licensure that is equivalent to a licensed bachelor social worker, licensed master social worker, or certified social worker–clinical; and

2. Has passed an examination in that state as a condition of licensure.

(e) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 19–302.2 of this�subtitle, in determining whether to reactivate, reinstate, or reissue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not reactivate, reinstate, or reissue a license if the criminal history record information required under § 19–302.2 of this subtitle has not been received.
Md. Code, Insurance § 19-512 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-512
§19–512.
Status: in_force

(a) (1) Each insurer that issues, sells, or delivers a motor vehicle insurance policy in the State shall offer collision coverage for damage to insured motor vehicles subject to deductibles of $50 to $250 in $50 increments.

(2) Collision coverage shall provide insurance, without regard to fault, against accidental property damage to the insured motor vehicle caused by physical contact of the insured motor vehicle with another motor vehicle or other object or by upset of the insured motor vehicle, if the motor vehicle accident occurs in a state, Canada, or Mexico.

(b) (1) In this subsection, “passenger car” means a motor vehicle that is:

(i) a Class A (passenger) vehicle under § 13–912 of the Transportation Article; or

(ii) a Class M (multipurpose) vehicle under § 13–937 of the Transportation Article used primarily for transporting passengers.

(2) If a private passenger motor vehicle insurance policy issued, sold, or delivered in the State includes:

(i) collision coverage under this section, the motor vehicles insured under that coverage shall include any passenger car that is rented or used by an insured for a period of 30 days or less under a rental agreement or a peer–to–peer car sharing program agreement as otherwise defined in § 14–2101 of the Commercial Law Article; or

(ii) comprehensive coverage, the motor vehicles insured under that coverage shall include any replacement vehicle as defined under § 18–102(a)(2)(i) or § 18.5–102(a)(2)(i) of the Transportation Article.

(3) Each insurer that provides a private passenger motor vehicle insurance policy that includes collision coverage shall give the insured a separate notice written in boldface type that the insured does not need a collision damage waiver or any additional collision coverage when renting or peer–to–peer car sharing a passenger car for a period of 30 days or less during the term of the policy.

(4) An insurer may not deny coverage to an insured for collision damage to a rental passenger car because:

(i) the motor vehicle accident involved an uninsured motorist; or

(ii) the identity of the motor vehicle causing the damage cannot be ascertained.

(c) An insurer may offer to provide to the insured coverage for damages incurred by the insured as a result of the loss of use of a rental vehicle or a shared motor vehicle that sustains collision damage while rented by the insured.
Md. Code, Health - General § 19-7A-04 — MD Code / Article ghg / Title 19 / Subtitle 7A / Section 19-7A-04
§19–7A–04.
Status: in_force

(a) The Commissioner shall adopt regulations to implement the provisions of this subtitle.

(b) Except as provided in subsection (c) of this section, regulations relating to the solvency of a provider-sponsored organization adopted under subsection (a) of this section shall impose solvency requirements the same as required under federal law.

(c) Upon the expiration, repeal, or termination of solvency requirements under federal law for provider-sponsored organizations, the requirements of § 19-710(d) of this title shall apply.
Md. Code, Health - General § 19-320 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-320
§19–320.
Status: in_force

(a) An applicant for a license shall submit an application to the Secretary.

(b) The application:

(1) Shall be on the form that the Secretary requires;

(2) Shall be signed and verified as follows:

(i) If the application is made for an individual, by the individual; or

(ii) If the application is made for a corporation, association, or government agency, by 2 officers of the organization; and

(3) Shall include:

(i) The name of the applicant;

(ii) A statement that the applicant meets the requirements of this subtitle;

(iii) The class of the proposed hospital or related institution;

(iv) The location of the proposed hospital or related institution;

(v) The name of the individual who is to be the administrative head of the proposed hospital or related institution; and

(vi) Any other information that the Secretary requires.
Md. Code, Health - General § 19-225 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-225
§19–225.
Status: in_force

(a) In any matter that relates to a facility’s cost of services and consistent with the all–payer model contract, the Commission may:

(1) Hold a public hearing;

(2) Conduct an investigation;

(3) Require the filing of any information; or

(4) Subpoena any witness or evidence.

(b) The Executive Director of the Commission may administer oaths in connection with any hearing or investigation under this section.
Md. Code, Health - General § 19-713.2 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-713.2
§19–713.
Status: in_force

§19–713.2.

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

(2) “Administrative service provider contract” means a contract or capitation agreement between a health maintenance organization and a contracting provider which includes requirements that:

(i) The contracting provider accept payments from a health maintenance organization for health care services to be provided to members of the health maintenance organization that the contracting provider arranges to be provided by external providers; and

(ii) The contracting provider administer payments pursuant to the contract with the health maintenance organization for the health care services to the external providers.

(3) (i) “Contracting provider” means a person who enters into an administrative service provider contract with a health maintenance organization.

(ii) “Contracting provider” does not include a medical laboratory as defined in § 17–201 of this article.

(4) “External provider” means a health care provider, including a physician or hospital, who is not:

(i) A contracting provider; or

(ii) An employee, shareholder, or partner of a contracting provider.

(b) This section does not apply to a contract between a health maintenance organization and a contracting provider that is affiliated with the health maintenance organization through common ownership within an insurance holding company system, if the health maintenance organization:

(1) Files with the Commissioner consolidated financial statements that include the contracting provider; and

(2) Records a reserve for the liabilities of the contracting provider in accordance with § 5-201 of the Insurance Article.

(c) A health maintenance organization may not enter into an administrative service provider contract unless:

(1) The health maintenance organization files with the Insurance Commissioner a plan that satisfies the requirements of subsection (d) of this section; and

(2) The Insurance Commissioner does not disapprove the filing within 30 days after the plan is filed.

(d) The plan required under subsection (c) of this section shall:

(1) Require the contracting provider to provide the health maintenance organization with monthly reports, within 30 days of the end of the month reported, that identify payments made or owed to external providers in sufficient detail to determine if the payments are being made in compliance with law;

(2) Require the contracting provider to provide to the health maintenance organization a current annual financial statement of the contracting provider each year, within 90 days of the end of the year reported;

(3) Require the health maintenance organization to establish and maintain a segregated fund, in a form and an amount approved by the Commissioner, which may include withheld funds, escrow accounts, letters of credit, or similar arrangements, or require the availability of other resources that are sufficient to satisfy the contracting provider’s obligations to external providers for services rendered to members of the health maintenance organization;

(4) Require the contracting provider to submit to the health maintenance organization information demonstrating that the fund established under item (3) of this subsection is sufficient to satisfy the contracting provider’s obligations to external providers for services rendered to members of the health maintenance organization; and

(5) Require the health maintenance organization, at least quarterly, to review and inspect the contracting provider’s books, records, and operations relevant to the provider’s contract for the purpose of determining the contracting provider’s compliance with the plan.

(e) In determining the sufficiency of a segregated fund, the Commissioner may consider whether external providers are owned or controlled by the contracting provider.

(f) The segregated fund or other resources established as a result of an administrative service provider contract:

(1) Shall be held in trust for payment to external providers; and

(2) May not be considered an asset or an account of the contracting provider for the purpose of determining the assets or accounts of a bankrupt contracting provider.

(g) The health maintenance organization and the contracting provider shall comply with the plan.

(h) (1) The health maintenance organization shall monitor the contracting provider to assure compliance with the plan, and the health maintenance organization shall notify the contracting provider whenever a failure to comply with the plan occurs.

(2) Upon the failure of the contracting provider to comply with the plan following notice of noncompliance, or upon termination of the administrative service provider contract for any reason, the health maintenance organization shall notify the Commissioner and shall assume the administration of any payments due from the contracting provider to external providers on behalf of the contracting provider, as required under § 19-712 of this subtitle.

(i) The health maintenance organization shall file with the Commissioner, the results of each quarterly review required under subsection (d)(5) of this section.

(j) The plan and all supporting documentation submitted in connection with the plan shall be treated as confidential and proprietary, and may not be disclosed except as otherwise required by law.

(k) A health maintenance organization and a contracting provider shall comply with the terms of an administrative service provider contract as required under this section and § 19-712 of this subtitle.

(l) If a contracting provider fails to comply with the plan or the administrative service provider contract, as required under subsections (g) and (k) of this section, the Commissioner may impose a fine not exceeding $125,000 or suspend or revoke the registration of the contracting provider under § 19-713.3 of this subtitle, or both.
Md. Code, Health - General § 19-208 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-208
§19–208.
Status: in_force

(a) The power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that the Commission makes under authority specifically delegated by law to the Commission.

(b) (1) The power of the Secretary to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Commission.

(2) The Secretary may assess an administrative charge on the Commission to fund services provided to the Commission by the Department.

(3) The amount to be paid by the Commission to the Department for administrative costs, not to exceed 30.5% of the salaries of the Commission, shall be based on indirect costs or services benefiting the Commission, less overhead costs paid directly by the Commission.

(c) (1) The power of the Secretary over the procurement procedure for units in the Department does not apply to the procurement procedure for the Commission.

(2) Subject to the provisions of paragraph (1) of this subsection, any procurement for services to be performed or for supplies to be delivered to the Commission is subject to the purposes and requirements of the State Finance and Procurement Article.
Md. Code, State Finance and Procurement § 19-112 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-112
§19–112.
Status: in_force

(a) Absent a request for a contested case hearing, the Commission’s findings and recommendations shall become the final administrative decision of the State, subject to such judicial review as is provided for in a contested case under § 10-222 of the State Government Article.

(b) In cases where a contested case hearing has been requested, the administrative law judge’s written decision shall become the final administrative decision of the State subject to judicial review as provided for in a contested case under § 10-222 of the State Government Article.

(c) On issuance of a final decision, the Commission or the administrative law judge may enter any order reasonably necessary or convenient to govern the conduct of the State and the parties so that the purposes of this title are achieved.
Md. Code, Health - General § 19-501 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-501
§19–501.
Status: in_force

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

(b) “Board” means a citizens’ advisory board for a center.

(c) “Center” means a chronic disease center.
Md. Code, Local Government § 19-301 — MD Code / Article glg / Title 19 / Subtitle 3 / Section 19-301
§19–301.
Status: in_force

(a) In its charter, each municipality may provide a procedure to borrow money for any public purpose that is different from the procedure described in this subtitle.

(b) If a conflict exists between this subtitle and the charter of a municipality, the charter controls.

(c) Notwithstanding this subtitle or the charter of the municipality, each municipality may exercise all powers granted to municipalities under Title 9 of the Environment Article.
Md. Code, Alcoholic Beverages and Cannabis § 19-601 — MD Code / Article gab / Title 19 / Subtitle 6 / Section 19-601
§19–601.
Status: in_force

(a) There is a Class A beer license.

(b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license.

(2) The license holder shall sell the beer in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer was sold.

(c) The annual license fee is $250.
Md. Code, Health - General § 19-2501 — MD Code / Article ghg / Title 19 / Subtitle 25 / Section 19-2501
§19–2501.
Status: in_force

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

(b) “Certificate of compliance” means a certificate that is issued to a recovery residence by a credentialing entity.

(c) “Certified recovery residence” means a recovery residence that holds a certificate of compliance.

(d) “Credentialing entity” means a nonprofit organization that develops and administers professional certification programs according to nationally recognized certification standards.

(e) “Recovery residence” has the meaning stated in § 7.5–101 of this article.
Md. Code, Education § 19-111 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-111
§19–111.
Status: in_force

(a) The provisions of this title, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.

(b) The provisions of this title are severable, and if any of such provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Md. Code, Health - General § 19-326.1 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-326.1
§19–326.
Status: in_force

§19–326.1.

If a hospital voluntarily closes, merges, or is delicensed under § 19–325 of this subtitle and workers are displaced:

(1) Each hospital shall pay a fee directly to the Maryland Department of Labor. The fee shall not exceed 0.01 percent of the gross operating revenue for the fiscal year immediately preceding the closure or delicensing of the hospital. A fee shall only be assessed once for each voluntary closure, merger, or delicensure.

(2) The Secretary of Labor shall pay the fees received under this section into the Hospital Employees Training Fund established under § 11–201 of the Labor and Employment Article.
Md. Code, Health - General § 19-3B-01 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-01
§19–3B–01.
Status: in_force

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

(b) (1) “Ambulatory surgical facility” means any center, service, office facility, or other entity that:

(i) Operates exclusively for the purpose of providing surgical services to patients requiring a period of postoperative observation but not requiring hospitalization and in which the expected duration of services would not exceed 24 hours following admission; and

(ii) Seeks reimbursement from payors as an ambulatory surgery center.

(2) “Ambulatory surgical facility” does not include:

(i) The office of one or more health care practitioners seeking only professional reimbursement for the provisions of medical services, unless:

1. The office operates under contract or other agreement with a payor as an ambulatory surgical facility regardless of whether it is paid a technical or facility fee; or

2. The office is designated to receive ambulatory surgical referrals in accordance with utilization review or other policies adopted by a payor;

(ii) Any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title;

(iii) The office of a health care practitioner with not more than one operating room if:

1. The office does not receive a technical or facility fee; and

2. The operating room is used exclusively by the health care practitioner for patients of the health care practitioner;

(iv) The office of a group of health care practitioners with not more than one operating room if:

1. The office does not receive a technical or facility fee; and

2. The operating room is used exclusively by members of the group practice for patients of the group practice; or

(v) An office owned or operated by one or more dentists licensed under the Health Occupations Article.

(c) “Freestanding ambulatory care facility” means:

(1) An ambulatory surgical facility;

(2) A freestanding endoscopy facility;

(3) A freestanding facility utilizing major medical equipment;

(4) A kidney dialysis center; or

(5) A freestanding birthing center.

(d) (1) “Freestanding birthing center” means a facility that provides nurse midwife services under Title 8, Subtitle 6 of the Health Occupations Article.

(2) “Freestanding birthing center” does not include:

(i) A hospital regulated under Subtitle 2 of this title; or

(ii) The private residence of the mother.

(e) (1) “Freestanding endoscopy facility” means a facility:

(i) For the testing, diagnosis, or treatment of a medical disorder in conjunction with the use of microscopic, endoscopic, or laparoscopic equipment that is inserted in a naturally occurring orifice of the body; and

(ii) That seeks reimbursement as a freestanding endoscopy facility from payors or Medicare.

(2) “Freestanding endoscopy facility” does not include:

(i) The office of one or more health care practitioners unless:

1. The office operates under a contract or other agreement with a payor as a freestanding endoscopy facility regardless of whether it is paid a technical or facility fee; or

2. The office is designated to receive endoscopic referrals in accordance with utilization review or other policies adopted by a payor; or

(ii) Any facility or service operated by a hospital and regulated under Subtitle 2 of this title.

(f) (1) “Freestanding facility operating major medical equipment” means a facility using major medical equipment.

(2) “Freestanding facility operating major medical equipment” does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.

(g) “Health care practitioner” means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide medical services in the ordinary course of business or practice of a profession.

(h) (1) “Kidney dialysis center” means a facility that provides hemodialysis or chronic peritoneal dialysis.

(2) “Kidney dialysis center” does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.

(i) “License” means a license issued by the Secretary under this subtitle.

(j) “Major medical equipment” means:

(1) Cardiac catheterization equipment;

(2) A computer tomography (CT) scanner;

(3) A lithotripter;

(4) Radiation therapy equipment, including a linear accelerator; or

(5) A magnetic resonance imager (MRI).

(k) “Nonsterile procedure room” means a room:

(1) In which minor surgical procedures are performed, including endoscopy and endoscopic procedures requiring deep sedation;

(2) That can only be accessed from a semi–restricted corridor or an unrestricted corridor;

(3) That is not used for open surgical procedures that:

(i) Enter the thorax, abdomen, pelvis, cranium, or spine; or

(ii) Routinely require induction of deep sedation or general anesthesia for the entirety of the surgical procedure; and

(4) In which deep sedation or general anesthesia may be induced if:

(i) Warranted by the clinical situation; and

(ii) The room is equipped to safely conduct the required level of anesthesia.

(l) “Payor” means:

(1) A health insurer, nonprofit health service plan, or health maintenance organization that holds a certificate of authority to offer health insurance policies or contracts in the State in accordance with this article or the Insurance Article;

(2) A third party administrator or any other entity under contract with a Maryland business to administer health benefits; or

(3) A self–insured group.

(m) “Sterile operating room” means a room in a surgical suite that meets the requirements of a restricted area and is designated and equipped for performing surgical operations or other invasive procedures that may require an aseptic field.

(n) “Surgical services” has the meaning incorporated in the Centers for Medicare and Medicaid Services State Operations Manual – Guidance for Surveyors: Ambulatory Surgical Centers.
Md. Code, Commercial Law § 19-205 — MD Code / Article gcl / Title 19 / Subtitle 2 / Section 19-205
§19–205.
Status: in_force

(a) (1) When a supplier and a dealer enter into a contract, the supplier shall pay a warranty claim made by the dealer for warranty parts or service within 30 days after its approval.

(2) The supplier shall approve or disapprove a warranty claim within 30 days after its receipt.

(3) If a claim is disapproved, the manufacturer, wholesaler, or distributor shall notify the dealer within 30 days stating the specific grounds on which the disapproval is based.

(4) If a claim is not specifically disapproved in writing within 30 days after its receipt, the claim shall be considered approved and payment must follow within 30 days.

(b) When a supplier and a dealer enter into a contract, the supplier shall indemnify and hold harmless the dealer against any judgment for damages or a settlement agreed to by the supplier, including court costs and reasonable attorney’s fees, arising out of a complaint, claim, or lawsuit including negligence, strict liability, misrepresentation, breach of warranty, or rescission of the sale, to the extent the judgment or settlement relates to the manufacture, assembly, or design of inventory, or other conduct of the supplier beyond the dealer’s control.

(c) If, after termination of a contract, the dealer submits a claim to the manufacturer, wholesaler, or distributor for warranty work performed prior to the effective date of the termination of the contract, the manufacturer, wholesaler, or distributor shall accept or reject the claim within 30 days of receipt of the claim.

(d) If a claim is not paid within the time allowed under this section, interest shall accrue at the maximum lawful interest rate.

(e) (1) Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions.

(2) The cost of the work shall be computed by multiplying the time required to complete the work by the dealer’s established customer hourly retail labor rate.

(3) The dealer shall inform the manufacturer, wholesaler, or distributor for whom the dealer is performing warranty work of the dealer’s established customer hourly retail labor rate before the dealer performs any work.

(f) Expenses expressly excluded under the warranty of the manufacturer, wholesaler, or distributor to the customer may not be included or required to be paid for warranty work performed, even if the dealer requests compensation for the work performed.

(g) (1) The dealer shall be paid for all parts used by the dealer in performing warranty work.

(2) Payment shall be in an amount equal to the dealer’s net price for the parts, plus a minimum of 15 percent.

(h) The manufacturer, wholesaler, or distributor may adjust compensation for errors discovered during an audit and may adjust claims paid in error.

(i) The dealer shall have the right to accept the reimbursement terms and conditions of the manufacturer, wholesaler, or distributor in lieu of the terms and conditions of this section.
Md. Code, Health - General § 19-507 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-507
§19–507.
Status: reserved

(a) If this State is paying any of the costs of an individual at a center, the individual may be transferred to another facility that is approved under a federal program.

(b) If the individual refuses to apply for assistance from any applicable State, federal, or local program, the administrative head of the center or the designee of the administrative head may apply for the assistance and transfer the individual to another facility.