Md. Code, Alcoholic Beverages and Cannabis § 31-102 — MD Code / Article gab / Title 31 / Subtitle 1 / Section 31-102
§31–102.
Status: in_force

This title applies only in Washington County.
Md. Code, Alcoholic Beverages and Cannabis § 31-2003 — MD Code / Article gab / Title 31 / Subtitle 20 / Section 31-2003
§31–2003.
Status: in_force

(a) A holder of a Class A beer and wine license may sell beer and wine:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 11 a.m. to midnight, if a fee is paid.

(b) (1) A holder of a Class B beer and wine (on– and off–sale) license may sell beer and wine:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraphs (2) and (3) of this subsection, on Sunday, from noon to midnight, if a fee is paid.

(2) The license holder may sell beer and wine on Sunday, from 11 a.m. to midnight, if:

(i) the consumer places an order for a meal simultaneously with or before placing an order for an alcoholic beverage; or

(ii) the consumer is entitled to a meal on the premises as part of a prearranged event.

(3) When a federal holiday falls on a Monday, the license holder may sell beer and wine on the Sunday immediately before the Monday holiday, from noon to 2 a.m. the following day.

(c) (1) A holder of a Class B beer and wine (on–sale only) pouring license may sell beer and wine:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraphs (2) and (3) of this subsection, on Sunday, from noon to midnight, if a fee is paid.

(2) The license holder may sell beer and wine on Sunday, from 11 a.m. to midnight, if:

(i) the consumer places an order for a meal simultaneously with or before placing an order for an alcoholic beverage; or

(ii) the consumer is entitled to a meal on the premises as part of a prearranged event.

(3) When a federal holiday falls on a Monday, the license holder may sell beer and wine on the Sunday immediately before the Monday holiday, from noon to 2 a.m. the following day.

(d) (1) A holder of a Class C beer and wine license may sell beer and wine:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraphs (2) and (3) of this subsection, on Sunday from noon to midnight, if a fee is paid.

(2) The license holder may sell beer and wine on Sunday, from 11 a.m. to midnight, if:

(i) the consumer places an order for a meal simultaneously with or before placing an order for an alcoholic beverage; or

(ii) the consumer is entitled to a meal on the premises as part of a prearranged event.

(3) When a federal holiday falls on a Monday, the license holder may sell beer and wine on the Sunday immediately before the Monday holiday, from noon to 2 a.m. the following day.

(e) (1) A holder of a Class D beer and wine (on–sale) license may sell beer and wine:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraph (2) of this subsection, on Sunday, from noon to midnight, if a fee is paid.

(2) When a federal holiday falls on a Monday, the license holder may sell beer and wine on the Sunday immediately before the Monday holiday, from noon to 2 a.m. the following day.
Md. Code, Alcoholic Beverages and Cannabis § 31-2501 — MD Code / Article gab / Title 31 / Subtitle 25 / Section 31-2501
§31–2501.
Status: in_force

(a) From 1 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Alcoholic Beverages and Cannabis § 31-405 — MD Code / Article gab / Title 31 / Subtitle 4 / Section 31-405
§31–405.
Status: in_force

(a) This section and § 2–215 of this article do not apply to a:

(1) club that is the holder of a Class C beer, wine, and liquor license; or

(2) hotel that is the holder of a Class B beer, wine, and liquor license.

(b) (1) A cash deposit for a returnable container shall be required at the time of sale or delivery of beer.

(2) For purposes of construing § 2–215 of this article:

(i) a check accepted for payment that is not postdated and is promptly deposited for collection is considered cash; and

(ii) a check that is given in payment for alcoholic beverages to a holder of the license, and is returned uncollected, is prima facie evidence in a civil case of a violation of this section or § 2–215 of this article.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Insurance § 31-113 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-113
§31–113.
Status: reserved

(a) (1) There is a navigator program for the Individual Exchange.

(2) The navigator program for the Individual Exchange shall be:

(i) administered by the Individual Exchange; and

(ii) regulated by the Commissioner.

(3) In administering the navigator program, the Individual Exchange shall consult with the Commissioner and the Maryland Department of Health to ensure consistency and compliance with all laws, regulations, and policies governing:

(i) the sale, solicitation, and negotiation of health insurance; and

(ii) the Maryland Medical Assistance Program and the Maryland Children’s Health Program.

(4) In regulating the navigator program, the Commissioner shall enter into one or more memoranda of understanding with the Exchange and the Maryland Department of Health to facilitate enforcement of this section.

(5) The Commissioner may require the Individual Exchange to:

(i) make available to the Commissioner all records, documents, data, and other information relating to the navigator program, including the authorization of Individual Exchange connector entities and the certification of Individual Exchange navigators; and

(ii) submit a corrective plan to take appropriate action to address any problems or deficiencies identified by the Commissioner in the Individual Exchange connector entity authorization process or the Individual Exchange navigator certification process.

(6) The Commissioner, in the Commissioner’s role as a member of the Board, may not participate in any matter that involves the Individual Exchange’s navigator program if, in the Commissioner’s judgment, the Commissioner’s participation might create a conflict of interest with respect to the Commissioner’s regulatory authority over the Individual Exchange’s navigator program.

(b) The navigator program for the Individual Exchange shall:

(1) focus outreach efforts and services on individuals without health insurance coverage;

(2) use Individual Exchange connector entities that:

(i) have expertise in working with vulnerable and hard–to–reach populations; and

(ii) conduct outreach and provide enrollment support for these populations; and

(3) enable the Individual Exchange to:

(i) comply with the Affordable Care Act by providing seamless entry into the Maryland Medical Assistance Program, the Maryland Children’s Health Program, and qualified plans;

(ii) assist individuals who, due to former incarceration or other circumstances, transition between the types of coverage described in item (i) of this item or have lapsed enrollment; and

(iii) meet consumer needs and demands for health insurance coverage while maintaining high standards of quality assurance and consumer protection.

(c) To carry out its purposes and in compliance with the Affordable Care Act, the Individual Exchange navigator program, with respect only to the Maryland Medical Assistance Program, the Maryland Children’s Health Program, and qualified plans offered in the Exchange, shall provide comprehensive consumer assistance services, including:

(1) conducting education and outreach to individuals;

(2) distributing information about:

(i) the Individual Exchange, including eligibility requirements for applicable federal premium subsidies and cost–sharing assistance;

(ii) eligibility requirements for the Maryland Medical Assistance Program and the Maryland Children’s Health Program; and

(iii) procedures for enrolling in the Maryland Medical Assistance Program, the Maryland Children’s Health Program, or qualified plans offered in the Individual Exchange;

(3) with respect to qualified plans, facilitating:

(i) plan selection, based on the needs of the individual seeking to enroll;

(ii) assessment of tax implications and premium and cost–sharing requirements; and

(iii) application, enrollment, renewal, and disenrollment processes;

(4) facilitating eligibility determinations for the Maryland Medical Assistance Program and the Maryland Children’s Health Program, selection of managed care organizations, and application, enrollment, and disenrollment processes;

(5) conducting eligibility determinations and redeterminations for premium subsidies and cost–sharing assistance;

(6) providing referrals to appropriate agencies, including the Attorney General’s Health Education and Advocacy Unit and the Administration, for applicants and enrollees with grievances, complaints, questions, or the need for other social services;

(7) providing all information and services in a manner that is culturally and linguistically appropriate and ensures accessibility for individuals with disabilities; and

(8) providing ongoing support with respect to issues relating to eligibility, enrollment, renewal, and disenrollment in the Maryland Medical Assistance Program, the Maryland Children’s Health Program, and qualified plans offered in the Individual Exchange.

(d) (1) The consumer assistance services described in subsection (c) of this section that must be provided by an Individual Exchange navigator are those services that involve the sale, solicitation, and negotiation of qualified plans offered in the Individual Exchange, including:

(i) examining or offering to examine a qualified plan for the purpose of giving, or offering to give, advice or information about the terms, conditions, benefits, coverage, or premium of a qualified plan;

(ii) facilitating:

1. qualified plan selection;

2. the application of premium tax subsidies to selected qualified health plans;

3. plan application, enrollment, renewal, and disenrollment processes; and

(iii) providing ongoing support with respect to issues relating to qualified plan enrollment, application of premium tax subsidies, renewal, and disenrollment.

(2) The consumer assistance services described in subsection (c) of this section that do not have to be provided by an Individual Exchange navigator are:

(i) conducting general education and outreach;

(ii) facilitating eligibility determinations and redeterminations for premium tax subsidies, the Maryland Medical Assistance Program, and the Maryland Children’s Health Program; and

(iii) facilitating and providing ongoing support with respect to the selection of managed care organizations, application processes, enrollment, and disenrollment for the Maryland Medical Assistance Program and the Maryland Children’s Health Program.

(e) (1) The Exchange may authorize an Individual Exchange connector entity to provide consumer assistance services that:

(i) are required to be provided by an Individual Exchange navigator; or

(ii) subject to paragraph (2)(iii) of this subsection, result in a consumer’s enrollment in the Maryland Medical Assistance Program or the Maryland Children’s Health Program.

(2) The Exchange:

(i) may limit the authorization of an Individual Exchange connector entity to the provision of a subset of services, depending on the needs of the Individual Exchange navigator program and the capacity of the Individual Exchange connector entity, provided that the navigator program overall provides the totality of services required by the Affordable Care Act and this subtitle;

(ii) pursuant to contractual agreement, may require an Individual Exchange connector entity to provide education, outreach, and other consumer assistance services in addition to the services provided under the Individual Exchange connector entity’s authorization in order to achieve all of the objectives of the navigator program; and

(iii) may not authorize an Individual Exchange connector entity to provide services that result in a consumer’s enrollment in the Maryland Medical Assistance Program or the Maryland Children’s Health Program without the approval of the Maryland Department of Health.

(f) An Individual Exchange connector entity:

(1) shall obtain authorization from the Individual Exchange to provide services that:

(i) are required to be provided by an Individual Exchange navigator; or

(ii) result in a consumer’s enrollment in the Maryland Medical Assistance Program or the Maryland Children’s Health Program;

(2) may provide:

(i) those services that are within the scope of the Individual Exchange connector entity’s authorization; and

(ii) any other consumer assistance services that:

1. are not required to be provided by an Individual Exchange navigator; or

2. do not require authorization under this subsection;

(3) to the extent the scope of its authorization includes services that must be provided by an Individual Exchange navigator, shall provide those services only through Individual Exchange navigators;

(4) in addition to the services it may provide under its authorization, may employ or engage other individuals to conduct:

(i) consumer education and outreach; and

(ii) determinations of eligibility for premium subsidies and cost–sharing assistance, the Maryland Medical Assistance Program, and the Maryland Children’s Health Program;

(5) may employ or engage individuals to perform activities that:

(i) are executive, administrative, managerial, or clerical; and

(ii) relate only indirectly to services that must be provided by an Individual Exchange navigator or result in a consumer’s enrollment in the Maryland Medical Assistance Program or the Maryland Children’s Health Program;

(6) shall comply with all State and federal laws, regulations, and policies governing the Maryland Medical Assistance Program and the Maryland Children’s Health Program;

(7) may not receive any compensation, directly or indirectly:

(i) from a carrier, an insurance producer, or a third–party administrator in connection with the enrollment of a qualified individual in a qualified health plan; or

(ii) from any managed care organization that participates in the Maryland Medical Assistance Program in connection with the enrollment of an individual in the Maryland Medical Assistance Program or the Maryland Children’s Health Program; and

(8) with respect to the insurance market outside the Exchange:

(i) may not provide any information or services related to health benefit plans or other products not offered in the Exchange, except for general information about the insurance market outside the Exchange, which shall be limited to the information provided in a consumer education document developed by the Exchange and the Commissioner;

(ii) shall refer any inquiries about health benefit plans or other products not offered in the Exchange to:

1. any resources that may be maintained by the Exchange; or

2. carriers and licensed insurance producers; and

(iii) on contact with an individual who acknowledges having existing health insurance coverage obtained through an insurance producer, shall refer the individual back to the insurance producer for information and services unless:

1. the individual is eligible for but has not obtained a federal premium subsidy and cost–sharing assistance available only through the Individual Exchange;

2. the insurance producer is not authorized to sell qualified plans in the Individual Exchange; or

3. the individual would prefer not to seek further assistance from the individual’s insurance producer.

(g) (1) The Commissioner may suspend or revoke an Individual Exchange connector entity authorization after notice and opportunity for a hearing under §§ 2–210 through 2–214 of this article if the Individual Exchange connector entity:

(i) has willfully violated this article or any regulation adopted under this article;

(ii) has engaged in fraudulent or dishonest practices in conducting activities under the Individual Exchange connector entity authorization;

(iii) has had any professional license or certification suspended or revoked for a fraudulent or dishonest practice;

(iv) has been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust; or

(v) has willfully failed to comply with or violated a proper order or subpoena of the Commissioner.

(2) Instead of or in addition to suspending or revoking an Individual Exchange connector entity authorization, the Commissioner may:

(i) impose a penalty of not less than $100 but not exceeding $500 for each violation of this article; and

(ii) require that restitution be made to any person who has suffered financial injury because of the Individual Exchange connector entity’s violation of this article.

(3) The penalties available to the Commissioner under this subsection shall be in addition to any criminal or civil penalties imposed for fraud or other misconduct under any other State or federal law.

(4) The Commissioner shall notify the Individual Exchange of any decision affecting the authorization of an Individual Exchange connector entity or any sanction imposed on an Individual Exchange connector entity under this subsection.

(5) A carrier is not responsible for the activities and conduct of Individual Exchange connector entities.

(h) An Individual Exchange navigator:

(1) shall hold an Individual Exchange navigator certification issued under subsection (j) of this section;

(2) may provide consumer assistance services that are required to be provided by an Individual Exchange navigator under subsection (d)(1) of this section;

(3) may not be required to hold an insurance producer or adviser license;

(4) shall be employed or engaged by an Individual Exchange connector entity or by the Exchange;

(5) shall receive compensation only through the Individual Exchange or an Individual Exchange connector entity and not from a carrier or an insurance producer;

(6) may not receive any compensation, directly or indirectly:

(i) from a carrier, an insurance producer, or a third–party administrator in connection with the enrollment of a qualified individual in a qualified health plan; or

(ii) from a managed care organization that participates in the Maryland Medical Assistance Program in connection with the enrollment of an individual in the Maryland Medical Assistance Program or the Maryland Children’s Health Program;

(7) with respect to the insurance market outside the Exchange, is subject to the same requirements applicable to Individual Exchange connector entities as set forth in subsection (f)(8) of this section; and

(8) shall comply with all State and federal laws, regulations, and policies governing the Maryland Medical Assistance Program and the Maryland Children’s Health Program.

(i) The Exchange:

(1) shall establish and administer a process for Individual Exchange navigator certification and the issuance of Consolidated Services Center employee Individual Exchange enrollment permits;

(2) in consultation with the Commissioner and the Maryland Department of Health, shall adopt regulations to implement this subsection; and

(3) may implement the process for Individual Exchange navigator certification and the issuance of Consolidated Services Center employee Individual Exchange enrollment permits with the assistance of the Commissioner and the Maryland Department of Health, in accordance with one or more memoranda of understanding.

(j) (1) The Exchange shall issue an Individual Exchange navigator certification to each applicant who meets the requirements of this subsection.

(2) To qualify for an Individual Exchange navigator certification, an applicant:

(i) shall be of good character and trustworthy;

(ii) shall be at least 18 years old;

(iii) shall complete, and comply with any ongoing requirements of, the training program established under subsection (k) of this section; and

(iv) shall comply with all applicable requirements of the Maryland Department of Health.

(3) A certification shall expire 2 years after the date it is issued unless it is renewed.

(k) (1) The Exchange, with the approval of the Commissioner and in consultation with the Maryland Department of Health, the Health Education and Advocacy Unit of the Office of the Attorney General, and stakeholders, shall develop, implement, and, as appropriate, update a training program for the certification of Individual Exchange navigators and the issuance of Individual Exchange enrollment permits for Consolidated Services Center employees.

(2) The training program shall:

(i) provide Individual Exchange navigators and Consolidated Services Center employees with the full range of skills, knowledge, and expertise necessary to meet the consumer assistance, eligibility, enrollment, renewal, and disenrollment needs of individuals:

1. eligible for the Maryland Medical Assistance Program and the Maryland Children’s Health Program; or

2. seeking qualified plans offered in the Individual Exchange;

(ii) enable the navigator program for the Individual Exchange and the Exchange’s Consolidated Services Center to provide robust protection of consumers and adherence to high quality assurance standards; and

(iii) enable the Individual Exchange to ensure that, with respect to Individual Exchange navigators and Consolidated Services Center employees who offer any form of assistance to individuals regarding the Maryland Medical Assistance Program or the Maryland Children’s Health Program, the Individual Exchange navigator certification program and Consolidated Services Center shall comply with all requirements of the Maryland Department of Health.

(3) The Individual Exchange, in consultation with the Maryland Department of Health and with the approval of the Commissioner, shall adopt regulations that govern:

(i) the scope, type, conduct, frequency, and assessment of the training required for an Individual Exchange navigator certification;

(ii) the experience requirements, if any, for an individual applicant to be eligible to participate in the training program; and

(iii) the reinstatement of an expired Individual Exchange navigator certification or the reactivation of an inactive Individual Exchange navigator certification.

(l) (1) The Commissioner may suspend or revoke an Individual Exchange navigator certification after notice and opportunity for a hearing under §§ 2–210 through 2–214 of this article if the certified Individual Exchange navigator:

(i) has willfully violated this article or any regulation adopted under this article;

(ii) has intentionally misrepresented or concealed a material fact in the application for the Individual Exchange navigator certification;

(iii) has obtained the Individual Exchange navigator certification by misrepresentation, concealment, or other fraud;

(iv) has engaged in fraudulent or dishonest practices in conducting activities under the Individual Exchange navigator certification;

(v) has misappropriated, converted, or unlawfully withheld money in conducting activities under the Individual Exchange navigator certification;

(vi) has failed or refused to pay over on demand money that belongs to a person entitled to the money;

(vii) has willfully and materially misrepresented the provisions of a qualified plan;

(viii) has been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust;

(ix) has failed an examination required by this article or regulations adopted under this article;

(x) has forged another’s name on an application for a qualified plan or on any other document in conducting activities under the Individual Exchange navigator certification;

(xi) has otherwise shown a lack of trustworthiness or competence to act as an Individual Exchange navigator; or

(xii) has willfully failed to comply with or violated a proper order or subpoena of the Commissioner.

(2) Instead of or in addition to suspending or revoking a certification, the Commissioner may:

(i) impose a penalty of not less than $100 but not exceeding $500 for each violation of this article; and

(ii) require that restitution be made to any person who has suffered financial injury because of a violation of this article.

(3) The penalties available to the Commissioner under this subsection shall be in addition to any criminal or civil penalties imposed for fraud or other misconduct under any other State or federal law.

(4) The Commissioner shall notify the Individual Exchange and the Individual Exchange connector entity for which the Individual Exchange navigator works of any decision affecting the certification of an Individual Exchange navigator or any sanction imposed on an Individual Exchange navigator under this subsection.

(5) A carrier is not responsible for the activities and conduct of Individual Exchange navigators.

(m) (1) The Exchange shall establish and administer an insurance producer authorization process for the Individual Exchange.

(2) Under the process, the Exchange shall:

(i) provide an authorization to sell qualified plans to a licensed insurance producer who meets the requirements in subsection (n) of this section; and

(ii) require renewal of an authorization every 2 years.

(3) (i) Subject to the contested case hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Exchange may suspend, revoke, or refuse to renew an authorization for good cause, which shall include a finding that the insurance producer holding the authorization has committed any act described in subsection (l)(1) of this section with respect to the authorization.

(ii) The Individual Exchange shall notify the Commissioner of any decision affecting the status of an insurance producer’s authorization.

(4) The Individual Exchange, with the approval of the Commissioner, shall adopt regulations to carry out this subsection.

(n) (1) Subject to the requirements in paragraph (2) of this subsection, an insurance producer who is licensed in the State and authorized by the Commissioner to sell, solicit, or negotiate health insurance may sell any qualified plan offered in the Individual Exchange without being separately certified as an Individual Exchange navigator.

(2) To sell qualified plans in the Individual Exchange, an insurance producer shall:

(i) register and apply for an authorization from the Exchange;

(ii) complete and comply with any ongoing requirements of the training program established under subsection (o) of this section; and

(iii) refer individuals seeking insurance who may be eligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program to the navigator program for the Individual Exchange.

(3) An insurance producer:

(i) may not be compensated by the Individual Exchange for the sale of a qualified plan offered in the Individual Exchange; and

(ii) shall be compensated directly by a carrier.

(o) (1) The Exchange shall develop, implement, and, as appropriate, update a training program for insurance producers who sell qualified plans in the Individual Exchange.

(2) The training program shall:

(i) impart the skills and expertise necessary to perform functions specific to the Individual Exchange, such as making premium assistance eligibility determinations;

(ii) enable the Exchange to provide robust protection of consumers and adherence to high quality assurance standards;

(iii) impart the skills and expertise necessary to facilitate appropriate referrals of individuals and their dependents to the Maryland Medical Assistance Program, the Maryland Children’s Health Program, the appropriate Individual Exchange connector entity, an independent insurance producer, or the Consolidated Services Center; and

(iv) be approved by the Commissioner.

(p) (1) Subject to paragraphs (2) through (7) of this subsection, until January 1, 2017, a captive producer, without being separately certified as an Individual Exchange navigator, may enroll, in a qualified plan offered in the Individual Exchange by the carrier from which the captive producer has an exclusive appointment:

(i) an individual who:

1. is currently enrolled in one of the carrier’s nongroup plans; and

2. except as provided in paragraph (2) of this subsection, does not have an insurance producer of record in connection with the carrier’s nongroup plan; or

(ii) an individual who:

1. initiates contact with the captive producer or the carrier for the purpose of requesting assistance or inquiring about the carrier’s plans; and

2. except as provided in paragraph (2) of this subsection, does not acknowledge having an insurance producer in connection with any existing insurance coverage.

(2) (i) If an individual under paragraph (1) of this subsection has an insurance producer, a captive producer shall refer the individual back to the insurance producer, together with any available contact information, for information and services, unless:

1. the individual is eligible for, but has not obtained a federal premium subsidy and cost–sharing assistance, and the insurance producer is not authorized to sell qualified plans in the Individual Exchange; or

2. the individual would prefer not to seek further assistance from the individual’s insurance producer.

(ii) If a captive producer is not aware of an insurance producer of record, the captive producer shall disclose to an individual under paragraph (1) of this subsection that there may be an insurance producer of record in connection with an existing policy.

(3) (i) A carrier and its captive producers, in offering information and assistance to the carrier’s current enrollees regarding qualified plans offered in the Individual Exchange:

1. shall comply with fair marketing standards developed jointly by the Exchange and the Commissioner;

2. may not employ marketing practices or offer information and assistance only to certain enrollees in a manner that will have the effect of enrolling a disproportionate number of the carrier’s enrollees with significant health needs in qualified plans offered in the Individual Exchange; and

3. shall act in the best interest of the individual to whom the carrier and its captive producers provide assistance.

(ii) A carrier shall provide to the Exchange, and update as needed, a list of its current captive producers.

(4) Before providing an individual under paragraph (1) of this subsection any information or assistance with respect to qualified plans offered in the Individual Exchange, a captive producer in a manner prescribed under fair marketing standards established by the Commissioner and the Exchange, shall:

(i) disclose to the individual that:

1. the captive producer is employed by the carrier and able to provide information about and sell only qualified plans offered by the carrier; and

2. the Individual Exchange offers other qualified plans, sold by other carriers, that may meet the individual’s needs;

(ii) on the individual’s request:

1. refer the individual for further assistance to an independent insurance producer, the appropriate Individual Exchange connector entity, or the Consolidated Services Center; and

2. provide, through mail or electronic communication, written information about the Individual Exchange, the connector program, and the Consolidated Services Center; and

(iii) document that the captive producer has provided the required disclosures and the individual has acknowledged that the individual:

1. understands the disclosures;

2. does not want to be referred to an independent insurance producer, an Individual Exchange connector entity, or the Consolidated Services Center; and

3. wants to receive information and assistance from the captive producer.

(5) A record of the documentation required under paragraph (4)(iii) of this subsection shall be:

(i) retained by a captive producer for at least 3 years;

(ii) subject to the Commissioner’s review in a market conduct examination; and

(iii) provided to the Exchange on a quarterly basis.

(6) With respect to any health benefit plans or other products offered in the Individual Exchange or the insurance market outside the Individual Exchange by carriers other than the carrier with which the captive producer has an exclusive appointment, a captive producer:

(i) may not provide any information or services related to health benefit plans or other products not offered by the captive producer’s carrier; and

(ii) shall refer any inquiries about health benefit plans or other products not offered by the captive producer’s carrier to:

1. any resources that may be maintained by the Exchange; or

2. a licensed independent insurance producer.

(7) If a carrier or a captive producer fails to comply with the requirements of this subsection, the Exchange may:

(i) suspend, revoke, or refuse to renew the captive producer’s authorization under subsection (m)(3) of this section; and

(ii) impose sanctions against the carrier under § 31–115(j) of this subtitle.

(q) Nothing in this section shall prohibit a community–based organization or a unit of State or local government from providing the consumer assistance services described in subsection (c) of this section that are not required to be provided by an Individual Exchange navigator, if the entity providing the services and its employees do not:

(1) receive any compensation, directly or indirectly, from a carrier, an insurance producer, or a third–party administrator in connection with the enrollment of a qualified individual in a qualified health plan;

(2) receive any compensation, directly or indirectly, from a managed care organization that participates in the Maryland Medical Assistance Program or the Maryland Children’s Health Program; and

(3) identify themselves to the public as Individual Exchange connector entities or Individual Exchange navigators.

(r) (1) To the extent and in the manner permitted or required by federal law or regulation governing application counselors and other Exchange consumer assistance personnel, subject to paragraph (2) of this subsection, and depending on its needs and resources, the Exchange may:

(i) designate as an application counselor sponsoring entity under this subsection a community–based organization, health care provider, unit of State or local government, or other entity; and

(ii) certify as an application counselor any agent, employee, or volunteer of an application counselor sponsoring entity who meets the requirements for Individual Exchange navigator certification under this section.

(2) An application counselor sponsoring entity and an application counselor authorized to provide services under this subsection:

(i) may not be compensated by the Exchange;

(ii) may not impose a fee on individuals to whom they are authorized to provide services under this section for the services;

(iii) shall disclose to the Exchange and to individuals to whom they provide services any relationships they have with:

1. a carrier, an insurance producer, or a third–party administrator; or

2. a managed care organization that participates in the Maryland Medical Assistance Program and the Maryland Children’s Health Program;

(iv) shall act in the best interest of the individuals for whom they are authorized to provide services; and

(v) may not be compensated by a carrier, insurance producer, or third–party administrator for their enrollment services.

(3) An application counselor is subject to all requirements, restrictions, conflict of interest rules, and oversight applicable to:

(i) Individual Exchange connector entities and Individual Exchange navigators under this subsection and any other relevant State or federal laws; and

(ii) application counselors under federal law or regulation.

(4) The Exchange, in consultation with the Commissioner and the Maryland Department of Health, may:

(i) establish requirements for a sponsoring entity; and

(ii) adopt regulations to carry out this subsection.
Md. Code, State Personnel and Pensions § 31-2B-05 — MD Code / Article gsp / Title 31 / Subtitle 2B / Section 31-2B-05
§31–2B–05.
Status: reserved

(a) This section applies only to a local plan that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.

(b) If an eligible governmental unit approves participation in the Correctional Officers’ Retirement System, the operation of the local plan or State system with respect to the local detention center officers terminates on the effective date.

(c) (1) On the effective date:

(i) the assets to the credit of the local plan or State system that relate to the local detention center officers who elect to become members shall be transferred to the Correctional Officers’ Retirement System; and

(ii) the trustee or other administrative head of the local plan or State system shall certify the proportion of the funds of the local pension system that represents the accumulated contributions of the members as of that date.

(2) The accumulated contributions shall be credited to the respective annuity savings accounts of the members in the Correctional Officers’ Retirement System.

(3) The balance of the funds transferred to the Correctional Officers’ Retirement System shall be offset against the special accrued liability to be funded by the participating governmental unit as provided by § 21–306.1(d) of this article.
Md. Code, Insurance § 31-115 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-115
§31–115.
Status: in_force

(a) The Exchange shall certify:

(1) health benefit plans as qualified health plans;

(2) dental plans as qualified dental plans, which may be offered by carriers as:

(i) stand–alone dental plans; or

(ii) dental plans sold in conjunction with or as an endorsement to qualified health plans;

(3) vision plans as qualified vision plans, which may be offered by carriers as:

(i) stand–alone vision plans; or

(ii) vision plans sold in conjunction with or as an endorsement to qualified health plans; and

(4) stand–alone dental plans for sale outside the Exchange.

(b) To be certified as a qualified health plan, a health benefit plan shall:

(1) provide the essential health benefits required under § 1302(a) of the Affordable Care Act and § 31–116 of this subtitle;

(2) obtain prior approval of premium rates and contract language from the Commissioner;

(3) except as provided in subsection (d) of this section, provide at least a bronze level of coverage, as defined in the Affordable Care Act and determined by the Exchange under § 31–108(b)(8)(ii) of this subtitle;

(4) (i) ensure that its cost–sharing requirements do not exceed the limits established under § 1302(c)(1) of the Affordable Care Act; and

(ii) if the health benefit plan is offered through the SHOP Exchange, ensure that the health benefit plan’s deductible does not exceed the limits established under § 1302(c)(2) of the Affordable Care Act;

(5) be offered by a carrier that:

(i) is licensed and in good standing to offer health insurance coverage in the State;

(ii) offers in each Exchange, the Individual and the SHOP, in which the carrier participates, at least one qualified health plan:

1. at a bronze level of coverage;

2. at a silver level of coverage; and

3. at a gold level of coverage;

(iii) if the carrier participates in the Individual Exchange and offers any health benefit plan in the individual market outside the Exchange, offers at least one qualified health plan at the silver level and one at the gold level in the individual market outside the Exchange;

(iv) if the carrier participates in the SHOP Exchange and offers any health benefit plan in the small group market outside the SHOP Exchange, offers at least one qualified health plan at the silver level and one at the gold level in the small group market outside the SHOP Exchange;

(v) charges the same premium rate for each qualified health plan regardless of whether the qualified health plan is offered through the Exchange, through an insurance producer outside the Exchange, or directly from a carrier;

(vi) does not charge any cancellation fees or penalties in violation of § 31–108(d) of this subtitle; and

(vii) complies with the regulations adopted by the Secretary under § 1311(d) of the Affordable Care Act and by the Exchange under § 31–106(c)(1)(iv) of this subtitle;

(6) meet the requirements for certification established under the regulations adopted by:

(i) the Secretary under § 1311(c)(1) of the Affordable Care Act, including minimum standards for marketing practices, network adequacy, essential community providers in underserved areas, accreditation, quality improvement, uniform enrollment forms and descriptions of coverage, and information on quality measures for health plan performance; and

(ii) the Exchange under § 31–106(c)(1)(iv) of this subtitle;

(7) be in the interest of qualified individuals, qualified residents, and qualified employers, as determined by the Exchange;

(8) provide any other benefits as may be required by the Commissioner under any applicable State law or regulation; and

(9) meet any other requirements established by the Exchange under this subtitle, including:

(i) transition of care language in contracts as determined appropriate by the Exchange to ensure care continuity and reduce duplication and costs of care;

(ii) criteria that encourage and support qualified plans in facilitating cross–border enrollment; and

(iii) demonstrating compliance with the federal Mental Health Parity and Addiction Equity Act of 2008.

(c) The Exchange may determine whether a carrier may elect to offer coverage for nonessential vision benefits in either the SHOP Exchange or Individual Exchange.

(d) A qualified health plan is not required to provide at least a bronze level of coverage under subsection (b)(3) of this section if the qualified health plan:

(1) meets the requirements and is certified as a qualified catastrophic plan as provided under the Affordable Care Act; and

(2) will be offered only to individuals eligible for catastrophic coverage.

(e) A health benefit plan may not be denied certification:

(1) solely on the grounds that the health benefit plan is a fee–for–service plan;

(2) through the imposition of premium price controls by the Exchange; or

(3) solely on the grounds that the health benefit plan provides treatments necessary to prevent patients’ deaths in circumstances the Exchange determines are inappropriate or too costly.

(f) In addition to other rate filing requirements that may be applicable under this article, each carrier seeking certification of a health benefit plan shall:

(1) (i) submit to the Exchange notice of any premium increase before implementation of the increase; and

(ii) post the increase on the carrier’s website;

(2) submit to the Exchange, the Secretary, and the Commissioner, and make available to the public, in plain language as required under § 1311(e)(3)(b) of the Affordable Care Act, accurate and timely disclosure of:

(i) claims payment policies and practices;

(ii) financial disclosures;

(iii) data on enrollment, disenrollment, number of claims denied, and rating practices;

(iv) information on cost–sharing and payments with respect to out–of–network coverage;

(v) information on enrollee and participant rights under Title I of the Affordable Care Act; and

(vi) any other information as determined appropriate by the Secretary and the Exchange; and

(3) make available information about costs an individual would incur under the individual’s health benefit plan for services provided by a participating health care provider, including cost–sharing requirements such as deductibles, co–payments, and coinsurance, in a manner determined by the Exchange.

(g) (1) Except as provided in paragraphs (2) through (5) of this subsection, the requirements applicable to qualified health plans under this subtitle also shall apply to qualified dental plans to the extent relevant, whether offered in conjunction with or as an endorsement to qualified health plans or as stand–alone dental plans.

(2) A carrier offering a qualified dental plan shall be licensed to offer dental coverage but need not be licensed to offer other health benefits.

(3) A qualified dental plan shall:

(i) be limited to dental and oral health benefits, without substantial duplication of other benefits typically offered by health benefit plans without dental coverage; and

(ii) include at a minimum:

1. the essential pediatric dental benefits required by the Secretary under § 1302(b)(1)(j) of the Affordable Care Act; and

2. other dental benefits required by the Secretary or the Exchange.

(4) (i) The Exchange may determine:

1. the manner in which carriers must disclose the price of oral and dental benefits and, to the extent relevant, medical benefits, when offered:

A. to the extent permitted by the Exchange, in a qualified health plan;

B. in conjunction with or as an endorsement to a qualified health plan; or

C. as a stand–alone plan; and

2. when a carrier offers a qualified dental plan in conjunction with a qualified health plan, whether the carrier also must make the qualified health plan, the qualified dental plan, or both qualified plans available on a stand–alone basis.

(ii) In determining the manner in which carriers must offer and disclose the price of medical, oral, and dental benefits under this paragraph, the Exchange shall balance the objectives of transparency and affordability for consumers.

(5) The Exchange may:

(i) exempt qualified dental plans from a requirement applicable to qualified health plans under this subtitle to the extent the Exchange determines the requirement is not relevant to qualified dental plans; and

(ii) establish additional requirements for qualified dental plans in conjunction with its establishment of additional requirements for qualified health plans under subsection (b)(9) of this section.

(h) (1) Except as provided in paragraphs (2) through (5) of this subsection, the requirements applicable to qualified health plans under this subtitle also shall apply to qualified vision plans to the extent relevant, whether offered in conjunction with or as an endorsement to qualified health plans or as stand–alone vision plans.

(2) A carrier offering a qualified vision plan shall be licensed to offer vision coverage but need not be licensed to offer other health benefits.

(3) A qualified vision plan shall:

(i) be limited to vision and eye health benefits, without substantial duplication of other benefits typically offered by health benefit plans without vision coverage; and

(ii) include at a minimum:

1. the essential pediatric vision benefits required by the Secretary under § 1302(b)(1)(j) of the Affordable Care Act; or

2. other vision benefits required by the Secretary or the Exchange.

(4) (i) The Exchange may determine:

1. the manner in which carriers must disclose the price of vision benefits and, to the extent relevant, medical benefits, when offered:

A. to the extent permitted by the Exchange, in a qualified health plan;

B. in conjunction with or as an endorsement to a qualified health plan; or

C. as a stand–alone plan; and

2. when a carrier offers a qualified vision plan in conjunction with a qualified health plan, whether the carrier also must make the qualified health plan, the qualified vision plan, or both qualified plans available on a stand–alone basis.

(ii) In determining the manner in which carriers must offer and disclose the price of medical and vision benefits under this paragraph, the Exchange shall balance the objectives of transparency and affordability for consumers.

(5) The Exchange may:

(i) exempt qualified vision plans from a requirement applicable to qualified health plans under this subtitle to the extent the Exchange determines the requirement is not relevant to qualified vision plans; and

(ii) establish additional requirements for qualified vision plans in conjunction with its establishment of additional requirements for qualified health plans under subsection (b)(9) of this section.

(i) A managed care organization may not be required to offer a qualified plan in the Exchange.

(j) (1) Subject to the contested case hearing provisions of Title 10, Subtitle 2 of the State Government Article, and subsection (e) of this section, and except as provided in subsection (k)(2) of this section, the Exchange may deny certification to a health benefit plan, a dental plan, or a vision plan, or suspend or revoke the certification of a qualified plan, based on a finding that the health benefit plan, dental plan, vision plan, or qualified plan does not satisfy requirements or has otherwise violated standards for certification that are:

(i) established under the regulations and interim policies adopted by the Exchange to carry out this subtitle; and

(ii) not otherwise under the regulatory and enforcement authority of the Commissioner.

(2) Certification requirements shall include providing data and meeting standards related to:

(i) enrollment;

(ii) essential community providers;

(iii) complaints and grievances involving the Exchange;

(iv) network adequacy;

(v) quality;

(vi) transparency;

(vii) race, ethnicity, language, interpreter need, and cultural competency (RELICC);

(viii) plan service area, including demographics;

(ix) accreditation; and

(x) complying with fair marketing standards developed jointly by the Exchange and the Commissioner.

(3) Instead of or in addition to denying, suspending, or revoking certification, the Exchange may impose other remedies or take other actions, including:

(i) taking corrective action to remedy a violation of or failure to comply with standards for certification; and

(ii) imposing a penalty not exceeding $5,000 for each violation of or failure to comply with standards for certification.

(4) In determining the amount of a penalty under paragraph (3)(ii) of this subsection, the Exchange shall consider:

(i) the type, severity, and duration of the violation;

(ii) whether the plan or carrier knew or should have known of the violation;

(iii) the extent to which the plan or carrier has a history of violations; and

(iv) whether the plan or carrier corrected the violation as soon as they knew or should have known of the violation.

(5) The penalties available to the Exchange under this subsection shall be in addition to any criminal or civil penalties imposed for fraud or other violation under any other State or federal law.

(6) (i) A carrier or plan, under Title 10, Subtitle 2 of the State Government Article and the Exchange’s appeals and grievance process may:

1. appeal an order or decision issued by the Exchange under this section; and

2. request a hearing.

(ii) A demand for a hearing stays a decision or order of the Exchange pending the hearing, and a final order of the Exchange resulting from it, if the Exchange receives the demand:

1. before the effective date of the order; or

2. within 10 days after the order is served.

(iii) If a petition for judicial review is filed with the appropriate court under Title 10, Subtitle 2 of the State Government Article, the court has jurisdiction over the case and shall determine whether the filing operates as a stay of the order from which the appeal is taken.

(k) (1) To be certified for sale outside the Exchange, a stand–alone dental plan shall be reviewed and approved by the Administration as meeting appropriate requirements, including:

(i) covering the State benchmark pediatric dental essential health benefits;

(ii) complying with annual limits and lifetime limits applicable to essential health benefits;

(iii) complying with annual limits on cost sharing applicable to stand–alone dental plans under 45 C.F.R. § 156.150; and

(iv) meeting the same actuarial value requirement for the pediatric dental essential health benefits that is required for a qualified dental plan.

(2) Subject to the contested case hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Exchange may deny, suspend, or revoke the certification of a stand–alone dental plan for sale outside the Exchange if the stand–alone dental plan does not satisfy the requirements of paragraph (1) of this subsection.

(l) Any certification standards established under subsection (j) of this section related to network adequacy or network directory accuracy:

(1) shall be consistent with the provisions of § 15–112 of this article; and

(2) may not be implemented until January 1, 2019.
Md. Code, Insurance § 31-104 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-104
§31–104.
Status: in_force

(a) There is a Board of Trustees of the Exchange.

(b) The Board consists of the following members:

(1) the Secretary of Health;

(2) the Commissioner;

(3) the Executive Director of the Maryland Health Care Commission; and

(4) the following members appointed by the Governor, with the advice and consent of the Senate:

(i) three members who:

1. represent the interests of employers and individual consumers of products offered by the Exchange; and

2. may have public health research expertise; and

(ii) three members who have demonstrated knowledge and expertise in at least two of the following areas:

1. individual health care coverage;

2. small employer–sponsored health care coverage;

3. health benefit plan administration;

4. health care finance;

5. administration of public or private health care delivery systems;

6. purchasing and facilitating enrollment in health plan coverage, including demonstrated knowledge and expertise about the role of licensed health insurance producers and third–party administrators in connecting employers and individual consumers to health plan coverage; and

7. public health and public health research, including knowledge about the health needs and health disparities among the State’s diverse communities.

(c) In making appointments of members under subsection (b)(4) of this section, the Governor shall assure that:

(1) the Board’s composition reflects a diversity of expertise;

(2) the Board’s composition reflects the gender, racial, and ethnic diversity of the State; and

(3) the geographic areas of the State are represented.

(d) (1) For purposes of this subsection, “affiliation” means:

(i) a financial interest, as defined in § 5–101 of the General Provisions Article;

(ii) a position of governance, including membership on a board of directors, regardless of compensation;

(iii) a relationship through which compensation, as defined in § 5–101 of the General Provisions Article, is received; or

(iv) a relationship for the provision of services as a regulated lobbyist, as defined in § 5–101 of the General Provisions Article.

(2) A member of the Board or of the staff of the Exchange, while serving on the Board or the staff, may not have an affiliation with:

(i) a carrier, an insurance producer, a third–party administrator, a managed care organization, or any other person contracting directly with the Exchange;

(ii) a trade association of carriers, insurance producers, third–party administrators, or managed care organizations; or

(iii) any other association of entities in a position to contract directly with the Exchange.

(e) (1) The term of a member appointed by the Governor is 4 years.

(2) The terms of members appointed by the Governor are staggered as required by the terms provided for members of the Board on June 1, 2011.

(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.

(f) An appointed member of the Board may not serve more than two consecutive full terms.

(g) The Governor shall designate a chair of the Board.

(h) (1) The Board shall determine the times, places, and frequency of its meetings.

(2) Five members of the Board constitute a quorum.

(3) Action by the Board requires the affirmative vote of at least five members.

(i) A member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(j) A member shall:

(1) meet the requirements of this subtitle, the Affordable Care Act, and all applicable State and federal laws and regulations;

(2) serve the public interest of the individuals and qualified employers seeking health care coverage through the Exchange; and

(3) ensure the sound operation and fiscal solvency of the Exchange.

(k) A member of the Board shall perform the member’s duties:

(1) in good faith;

(2) in the manner the member reasonably believes to be in the best interests of the Exchange; and

(3) without intentional or reckless disregard of the care an ordinarily prudent person in a like position would use under similar circumstances.

(l) A member of the Board who performs the member’s duties in accordance with the standard provided in subsection (k) of this section may not be liable personally for actions taken as a member.

(m) A member of the Board may be removed for incompetence, misconduct, or failure to perform the duties of the position.

(n) (1) (i) A member of the Board shall be subject to the Maryland Public Ethics Law, Title 5, Subtitles 1 through 7 of the General Provisions Article.

(ii) In addition to the disclosure required under Title 5, Subtitle 6 of the General Provisions Article, a member of the Board shall disclose to the Board and to the public any relationship not addressed in the required financial disclosure that the member has with a carrier, insurance producer, third–party administrator, managed care organization, or other entity in an industry involved in matters likely to come before the Board.

(2) On all matters that come before the Board, the member shall:

(i) adhere strictly to the conflict of interest provisions under Title 5, Subtitle 5 of the General Provisions Article relating to restrictions on participation, employment, and financial interests; and

(ii) provide full disclosure to the Board and the public on:

1. any matter that gives rise to a potential conflict of interest; and

2. the manner in which the member will comply with the provisions of Title 5, Subtitle 5 of the General Provisions Article to avoid any conflict of interest or appearance of a conflict of interest.
Md. Code, Alcoholic Beverages and Cannabis § 31-1803.1 — MD Code / Article gab / Title 31 / Subtitle 18 / Section 31-1803.1
§31–1803.
Status: in_force

§31–1803.1.

To be approved, a license renewal application shall:

(1) contain all required signatures that have been notarized; and

(2) be accompanied by:

(i) a trader’s license;

(ii) a sales and use license; and

(iii) for a Class B restaurant:

1. a health department permit; and

2. a statement of the average monthly sales of food and alcoholic beverages for the licensed premises during the previous license term.
Md. Code, Alcoholic Beverages and Cannabis § 31-804 — MD Code / Article gab / Title 31 / Subtitle 8 / Section 31-804
§31–804.
Status: in_force

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

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

(c) Subtitles 14 and 15 of this title and § 3–102 of the General Provisions Article do not apply to an applicant for the license.

(d) (1) The annual license fee is $200.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-601 — MD Code / Article gab / Title 31 / Subtitle 6 / Section 31-601
§31–601.
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) (1) The annual license fee is $100.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-802 — MD Code / Article gab / Title 31 / Subtitle 8 / Section 31-802
§31–802.
Status: in_force

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

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

(c) (1) The annual license fee is $400.

(2) The fee for a Sunday permit is $250.
Md. Code, State Personnel and Pensions § 31-111.7 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-111.7
§31–111.
Status: in_force

§31–111.7.

(a) Subject to subsection (b) of this section, an employee of the Somerset County Economic Development Commission who was an employee on June 30, 2011, and who remains an employee through the effective date, shall receive additional service credit for eligibility service and creditable service accrued prior to the effective date that the Somerset County Economic Development Commission began participating in the Employees’ Pension System, as certified by the Somerset County Economic Development Commission.

(b) Additional service credit under subsection (a) of this section shall be awarded only for time for which employee contributions were made to the Board of Trustees prior to the effective date that the Somerset County Economic Development Commission began participating in the Employees’ Pension System.
Md. Code, Insurance § 31-105 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-105
§31–105.
Status: in_force

(a) (1) With the approval of the Governor, the Board shall appoint an Executive Director of the Exchange.

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

(3) The Board shall determine the appropriate compensation for the Executive Director.

(b) Under the direction of the Board, the Executive Director shall:

(1) be the chief administrative officer of the Exchange;

(2) direct, administer, and manage the operations of the Exchange; and

(3) perform all duties necessary to comply with and carry out the provisions of this subtitle, other State law and regulations, and the Affordable Care Act.

(c) (1) In accordance with the State budget, the Executive Director may employ and retain a staff for the Exchange.

(2) (i) The Executive Director may set the compensation of an Exchange employee in a position that:

1. is unique to the Exchange;

2. requires specific skills or experience to perform the duties of the position; and

3. does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.

(ii) The Secretary of Budget and Management, in consultation with the Executive Director, shall determine the positions for which the Executive Director may set compensation under subparagraph (i) of this paragraph.

(3) Except as provided in paragraphs (4) and (5) of this subsection, or otherwise by law, the Executive Director’s appointment, retention, and removal of staff of the Exchange are not subject to Division I of the State Personnel and Pensions Article.

(4) In hiring staff for functions that must be performed by State personnel under the Affordable Care Act or other applicable federal or State laws, the Executive Director’s appointment, retention, and removal of staff shall be in accordance with Division I of the State Personnel and Pensions Article.

(5) In hiring staff for functions that have been and currently are performed by State personnel, the Executive Director’s appointment, retention, and removal of staff shall be in accordance with Division I of the State Personnel and Pensions Article.

(6) Except as provided in paragraph (7) of this subsection, staff for all other positions necessary to carry out the purposes of this subtitle shall be positions in the executive service or management service, or special appointments of the skilled service or the professional service in the State Personnel Management System.

(7) The Executive Director may retain as independent contractors, and set compensation for, attorneys, financial consultants, and any other professionals or consultants necessary to carry out the planning, development, and operations of the Exchange and the provisions of this subtitle.

(d) The Executive Director shall determine the classification, grade, and compensation of those positions designated under subsection (c)(2) of this section:

(1) in consultation with the Secretary of Budget and Management;

(2) with the approval of the Board; and

(3) when possible, in accordance with the State pay plan.

(e) (1) With respect to staff of the Exchange designated under subsection (c)(2) of this section, the Executive Director shall submit to the Secretary of Budget and Management, at least 45 days before the effective date of the change, each change to the Exchange’s salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.

(2) Reportable changes include:

(i) the creation or abolition of classes;

(ii) the regrading of classes from one established range to another; and

(iii) the creation of new pay schedules or ranges.

(3) The Secretary of Budget and Management shall:

(i) review the proposed change; and

(ii) at least 15 days before the effective date of the proposed change:

1. advise the Executive Director whether the change would have an adverse effect on comparable State jobs; and

2. if there would be an adverse effect, recommend an alternative change that would not have an adverse effect on comparable State jobs.

(4) Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be agreement with the change as submitted.

(f) Except as otherwise provided in this subtitle, an employee or independent contractor of the Exchange is not subject to any law, regulation, or executive order governing State compensation, including furloughs, pay cuts, or any other General Fund cost savings measure.
Md. Code, Alcoholic Beverages and Cannabis § 31-2101 — MD Code / Article gab / Title 31 / Subtitle 21 / Section 31-2101
§31–2101.
Status: in_force

(a) The following sections of Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–602 (“Power of local licensing board”);

(2) § 4–603 (“Revocation and suspension procedures”);

(3) § 4–604 (“Grounds for revocation or suspension”); and

(4) § 4–606 (“Effects of revocation”).

(b) Section 4–605 (“Nudity and sexual displays”) of Division I of this article applies in the county, subject to § 31–2102 of this subtitle.
Md. Code, State Personnel and Pensions § 31-2A-03 — MD Code / Article gsp / Title 31 / Subtitle 2A / Section 31-2A-03
§31–2A–03.
Status: in_force

(a) Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its law enforcement officers, firefighters, or emergency medical technicians in the Law Enforcement Officers’ Pension System if:

(1) the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and

(2) the eligible governmental unit participates in a State system or operates a local plan, only if:

(i) at least 60% of the law enforcement officers, firefighters, or emergency medical technicians of the eligible governmental unit petition to become members of the Law Enforcement Officers’ Pension System;

(ii) the eligible governmental unit satisfies the requirements in subsection (b) of this section; and

(iii) the legislative body approves participation of its law enforcement officers, firefighters, or emergency medical technicians in lieu of participation in the State system or local plan.

(b) An eligible governmental unit that operates a local plan or participates in a State system may approve participation of its law enforcement officers, firefighters, or emergency medical technicians in the Law Enforcement Officers’ Pension System only if:

(1) the State system or local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to the law enforcement officers, firefighters, or emergency medical technicians of the eligible governmental unit in the Law Enforcement Officers’ Pension System; or

(2) the eligible governmental unit:

(i) does not provide for the employer pickup of member contributions to the State system or local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and

(ii) certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation.

(c) (1) If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Law Enforcement Officers’ Pension System.

(2) The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.

(3) The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.
Md. Code, Alcoholic Beverages and Cannabis § 31-2301 — MD Code / Article gab / Title 31 / Subtitle 23 / Section 31-2301
§31–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 31-207 — MD Code / Article gin / Title 31 / Subtitle 2 / Section 31-207
§31–207.
Status: in_force

(a) The Exchange shall develop a detailed set of data privacy and data security safeguards to govern the conveyance, storage, and utilization of data under the Program.

(b) The safeguards developed under subsection (a) of this section shall ensure that the conveyance, storage, and utilization of data under the Program comply with applicable requirements of federal and State law.
Md. Code, Alcoholic Beverages and Cannabis § 31-803 — MD Code / Article gab / Title 31 / Subtitle 8 / Section 31-803
§31–803.
Status: in_force

(a) There is a Class B beer and wine (on–sale only) license.

(b) (1) The Board may issue the license for use by a restaurant that:

(i) is in a permanent building with ample space and accommodations;

(ii) commonly offers hot and cold meals that are prepared, sold, and served to the public during regular business hours;

(iii) has a dining area with regular seating capacity at tables, chairs, and booths, that, excluding seats at bars or counters, can accommodate at least 50 customers;

(iv) is equipped with sufficient kitchen and dining facilities for regularly preparing and serving meals to the public;

(v) maintains a menu that advertises a variety of food that the establishment serves;

(vi) serves food at all times whenever beer and wine are being served or consumed; and

(vii) has, on an annual basis, gross sales of food and nonalcoholic beverages that exceed its gross sales of alcoholic beverages.

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

(3) The license:

(i) may be issued countywide by the Board; and

(ii) is not subject to the population ratio quota requirements under § 31–1601 of this title.

(c) The term of the license is 1 year and begins on May 1.

(d) (1) (i) Once every licensing cycle, the license holder shall comply with a request from the Board to submit a Food Alcohol Ratio Report covering 2 preceding quarters that the Board selects to demonstrate compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

(ii) To enforce this paragraph, the Board may:

1. request that a license holder provide supporting data or additional information;

2. fine a license holder; or

3. suspend a license.

(2) When submitting a Food Alcohol Ratio Report, the license holder shall include a current menu and information on hours of operation and sales amounts and percentages for the specified quarters for food, nonalcoholic beverages, and alcoholic beverages.

(3) The license holder or the license holder’s accountant shall complete, sign, and provide for the notarization of the Food Alcohol Ratio Report.

(e) As a prerequisite for the renewal of the license, the applicant shall have demonstrated compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

(f) (1) The annual license fee is $200.

(2) The fee for a Sunday permit is $250.
Md. Code, State Personnel and Pensions § 31-112 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-112
§31–112.
Status: in_force

(a) Subject to subsection (b) of this section, an employee of a participating governmental unit who is a member of one of the employees’ systems is entitled to the benefits to which State employees are entitled under that system.

(b) (1) An employee of a participating governmental unit that has elected to participate in:

(i) the contributory pension benefit option under § 31-116 of this subtitle shall be subject to Title 23, Subtitle 2, Part II of this article; or

(ii) the Alternate Contributory Pension Selection under § 31-116.1 of this subtitle shall be subject to Title 23, Subtitle 2, Part III of this article.

(2) An employee of a participating governmental unit that has not elected to participate in:

(i) the contributory pension benefit option under § 31-116 of this subtitle is not subject to Title 23, Subtitle 2, Part II of this article; or

(ii) the Alternate Contributory Pension Selection under § 31-116.1 of this subtitle is not subject to Title 23, Subtitle 2, Part III of this article.
Md. Code, State Personnel and Pensions § 31-101 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-101
§31–101.
Status: in_force

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

(b) “Agency on aging” means:

(1) an area agency on aging;

(2) the Dorchester County Commission on Aging, Inc.;

(3) the Somerset County Commission on Aging, Inc.;

(4) the Washington County Commission on Aging, Inc.; and

(5) the Worcester County Commission on Aging, Inc.

(c) “Effective date” means the date that an eligible governmental unit commenced or commences participation in an employees’ system.

(d) “Eligible governmental unit” means a governmental unit that is eligible to participate in the employees’ systems under § 31-102 of this subtitle.

(e) (1) “Employee” means a regular employee of an eligible governmental unit.

(2) “Employee” includes an officer of an eligible governmental unit.

(3) “Employee” does not include a contractual, emergency, or temporary extra employee.

(f) “Employees’ system” means the Employees’ Retirement System or the Employees’ Pension System.

(g) (1) “Legislative body” means the entity with legislative authority or control over an eligible governmental unit.

(2) “Legislative body” includes:

(i) a board of county commissioners;

(ii) a county council;

(iii) the legislative body of a municipal corporation;

(iv) for a community action agency, a governing body as defined in § 8-101 of the Housing and Community Development Article;

(v) for an agency on aging:

1. the legislative body of the county that the agency on aging represents; or

2. for an area agency on aging that represents more than one county, the legislative body of each of the counties included in the jurisdiction of the area agency on aging;

(vi) for the University of Maryland Medical System Corporation, the Board of Directors of the corporation; and

(vii) for the Garrett County Office for Children, Youth and Families, the Board of County Commissioners for Garrett County.

(h) (1) “Local plan” means a plan or any other arrangement of an eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.

(2) “Local plan” does not include a plan established under § 457 of the Internal Revenue Code.
Md. Code, Alcoholic Beverages and Cannabis § 31-301 — MD Code / Article gab / Title 31 / Subtitle 3 / Section 31-301
§31–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, State Personnel and Pensions § 31-111 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-111
§31–111.
Status: in_force

(a) Except as provided in subsection (b) of this section and §§ 31–111.1, 31–111.3, 31–111.4, 31–111.5, 31–111.6, 31–111.7, and 31–111.8 of this subtitle, if an employee of a participating governmental unit joins the Employees’ Pension System on the effective date, the employee is entitled to service credit for employment with the participating governmental unit before the effective date.

(b) If an employee of the Baltimore Metropolitan Council elects to become a member of the Employees’ Retirement System or the Employees’ Pension System, the employee may not receive credit for service from July 1, 1992, to the effective date unless the employee pays to the Board of Trustees the amount of the member contributions the employee would have made during that period, plus regular interest.
Md. Code, Alcoholic Beverages and Cannabis § 31-1002 — MD Code / Article gab / Title 31 / Subtitle 10 / Section 31-1002
§31–1002.
Status: in_force

(a) There is a Class C (country and golf club) beer, wine, and liquor license.

(b) An application for the license shall be signed by three officers of the country and golf club.

(c) The Board may issue the license for use by a country and golf club that:

(1) has at least 200 members paying dues of at least $30 per year per member; and

(2) maintains a regular or championship golf course of at least nine holes.

(d) The license authorizes the license holder to sell beer, wine, and liquor to members of the club and their guests at retail at the place described in the license for consumption on the premises and grounds of the club.

(e) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 31–2004 of this title.

(f) (1) The annual license fee is $1,000 for the license year that begins in May.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-1504 — MD Code / Article gab / Title 31 / Subtitle 15 / Section 31-1504
§31–1504.
Status: in_force

(a) In addition to the newspaper notice required under § 4–208 of this article, the Board shall post a suitable notice in a conspicuous place on the location described in the application for at least 10 days before the application hearing.

(b) A notice under this section shall state the class of license for which application is made and the date, time, and location set by the Board for an application hearing.
Md. Code, Alcoholic Beverages and Cannabis § 31-2005 — MD Code / Article gab / Title 31 / Subtitle 20 / Section 31-2005
§31–2005.
Status: in_force

A license holder may purchase a per diem on–sale license for $50 for use when New Year’s Eve falls on a Sunday.
Md. Code, State Personnel and Pensions § 31-111.3 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-111.3
§31–111.
Status: in_force

§31–111.3.

(a) An individual who is an employee of the City of Frostburg on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to one-half of the individual’s period of employment with the City of Frostburg before the effective date, as certified by the City of Frostburg as of the effective date.

(b) If an employee or former employee of the City of Frostburg becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the City of Frostburg before the effective date.
Md. Code, Alcoholic Beverages and Cannabis § 31-905 — MD Code / Article gab / Title 31 / Subtitle 9 / Section 31-905
§31–905.
Status: in_force

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

(b) The license authorizes the license holder to sell beer, wine, and liquor 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) (1) The annual license fee is $750.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-2704 — MD Code / Article gab / Title 31 / Subtitle 27 / Section 31-2704
§31–2704.
Status: in_force

(a) In this section, “knowingly” means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.

(b) A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard.

(c) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, a fine not exceeding $50; and

(2) for each subsequent offense, imprisonment not exceeding 30 days or a fine not exceeding $100 or both.
Md. Code, Insurance § 31-204 — MD Code / Article gin / Title 31 / Subtitle 2 / Section 31-204
§31–204.
Status: in_force

(a) The Exchange or the Department, as applicable, shall determine eligibility for insurance affordability programs as soon as possible after an individual files a State income tax return on which the individual chose a checkoff box described in § 2–115(c)(3) of the Tax – General Article indicating that an uninsured individual may be interested in obtaining minimum essential coverage.

(b) (1) To the maximum extent practicable, the Exchange or the Department, as applicable, shall verify an uninsured individual’s eligibility for an insurance affordability program:

(i) with information on a State income tax return and other data from third–party data sources, including data described in § 1413 of the Affordable Care Act or available under § 2–115(b)(2) of the Tax – General Article; and

(ii) without requesting additional information or attestations from the uninsured individual.

(2) If additional attestations or documentation from the uninsured individual are required to establish eligibility for an insurance affordability program, the Exchange or the Department, as applicable, shall take steps to limit the burden on the uninsured individual, including:

(i) proactively contacting the individual who filed the tax return or the uninsured individual;

(ii) recording, by telephonic or electronic means, attestations and documentation provided by the individual who filed the tax return or the uninsured individual; and

(iii) if the attestations or documentation required to determine eligibility are not obtained using the steps described in items (i) and (ii) of this paragraph, facilitating the selection of an authorized representative for the uninsured individual.

(c) (1) Before determining eligibility of an uninsured individual for an insurance affordability program, the Exchange or the Department, as applicable, shall attempt to verify the citizenship status of the uninsured individual and each household member listed on the State income tax return, based on the information available from the return and reliable third–party sources of citizenship data.

(2) If the process described in paragraph (1) of this subsection does not confirm that the uninsured individual and each household member listed on the State income tax return is a United States citizen, the Exchange and the Department may not seek additional verification or take other steps to determine eligibility for or enroll the uninsured individual in an insurance affordability program until the uninsured individual provides affirmative consent using forms and procedures approved by the Exchange.

(3) The affirmative consent required under paragraph (2) of this subsection may be satisfied through the procedures described in 42 U.S.C. § 1320b–7(d).

(4) If citizenship is not verified and affirmative consent is not provided in accordance with paragraph (2) of this subsection, the Exchange and the Department may not take any further steps to determine an uninsured individual’s eligibility for or enroll an uninsured individual in an insurance affordability program.
Md. Code, Alcoholic Beverages and Cannabis § 31-1301 — MD Code / Article gab / Title 31 / Subtitle 13 / Section 31-1301
§31–1301.
Status: in_force

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

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1206 (“License to dispose of stock”);

(3) § 4–1207 (“Temporary move of licensed premises”);

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

(5) § 4–1209 (“Wine permit for fund–raising event”).

(b) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article do not apply in the county:

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

(2) § 4–1204 (“Class C per diem beer, wine, and liquor license”), which is superseded by § 31–1312 of this subtitle; and

(3) § 4–1205 (“License fees”), which is superseded by § 31–1314 of this subtitle.
Md. Code, Insurance § 31-121 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-121
§31–121.
Status: in_force

(a) The Exchange, in consultation with the Commissioner and as approved by the Board, may submit a State Innovation Waiver application under § 1332 of the Affordable Care Act to allow the State to administer the federal Small Business Health Care Tax Credit to small businesses for monthly premium payments.

(b) Before applying for a State Innovation Waiver under subsection (a) of this section, the Exchange shall determine whether the State needs to apply for a State Innovation Waiver in order to distribute the federal Small Business Health Care Tax Credit on a monthly basis to eligible employers enrolling in the SHOP Exchange.
Md. Code, Local Government § 31-103 — MD Code / Article glg / Title 31 / Subtitle 1 / Section 31-103
§31–103.
Status: in_force

(a) The executive committee consists of:

(1) the Mayor of Baltimore City, or the Mayor’s designee;

(2) the Chief Executive Officer of the Baltimore City Public School System, or the Chief Executive Officer’s designee; and

(3) any other individuals selected by the Mayor.

(b) The executive committee shall:

(1) oversee the Baltimore City Youth Data Hub; and

(2) appoint and oversee the manager of the Baltimore City Youth Data Hub.

(c) (1) The executive committee shall establish an advisory committee of community stakeholders, including representatives from nonprofit organizations, faith–based institutions, community resident associations, and members from the larger community.

(2) The purpose of the advisory committee is to increase awareness of and provide feedback on the Baltimore City Youth Data Hub.
Md. Code, Alcoholic Beverages and Cannabis § 31-903 — MD Code / Article gab / Title 31 / Subtitle 9 / Section 31-903
§31–903.
Status: in_force

(a) There is a Class B beer, wine, and liquor hotel and restaurant license.

(b) The Board may issue the license to the owner of a hotel or motel that:

(1) is in a building at least three stories tall that was originally constructed for hotel or motel purposes;

(2) has a capital investment of at least $500,000; and

(3) contains:

(i) at least one passenger elevator;

(ii) at least 100 rooms to accommodate the public;

(iii) a lobby with a registration and mail desk and seating facilities; and

(iv) a ballroom, conference room, or banquet room.

(c) The license authorizes the license holder to sell beer, wine, and liquor at a hotel or restaurant at retail at the place described in the license:

(1) through room service or otherwise to registered guests; or

(2) by the glass, bottle, or can to individuals attending an event in a ballroom, conference room, or banquet room.

(d) The privileges of the license may be exercised:

(1) for on– and off–premises consumption, if:

(i) the license was issued on or before June 30, 2016, with an off–sale privilege; and

(ii) the license holder has operated a retail store on the licensed premises since at least June 30, 2016; and

(2) for on–premises consumption only, for all other licenses.

(e) The license holder shall notify the Board before constructing or altering an area on the premises where beer, wine, and liquor are sold.

(f) Except as provided in regulations adopted by the Board under subsection (h) of this section, 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 (on–sale) license under § 31–2004(c) of this title.

(g) (1) The annual license fee is $1,000.

(2) The fee for a Sunday permit is $250.

(h) The Board may adopt regulations to carry out this section, including regulations that:

(1) provide for the manner of dispensing beer, wine, and liquor under the license;

(2) provide for the hours and days of sale; and

(3) limit the quantity of alcoholic beverages that may be sold to an individual as a single serving or during a 24–hour period.
Md. Code, Insurance § 31-116 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-116
§31–116.
Status: in_force

(a) The essential health benefits required under § 1302(a) of the Affordable Care Act:

(1) shall be the benefits in the State benchmark plan, selected in accordance with this section; and

(2) notwithstanding any other benefits mandated by State law, shall be the benefits required in:

(i) subject to subsection (f) of this section, all individual health benefit plans and health benefit plans offered to small employers, except for grandfathered health plans, as defined in the Affordable Care Act, offered outside the Exchange; and

(ii) all qualified health plans offered in the Exchange.

(b) In selecting the State benchmark plan, the State seeks to:

(1) balance comprehensiveness of benefits with plan affordability to promote optimal access to care for all residents of the State;

(2) accommodate to the extent practicable the diverse health needs across the diverse populations within the State; and

(3) ensure the benefit of input from the stakeholders and the public.

(c) (1) The State benchmark plan, for 2017 and until the Secretary requires that a new benchmark plan be selected, shall be selected by the Commissioner, in consultation with the Exchange:

(i) based on enrollment for the first quarter of 2014, from the largest health plan by enrollment in any of the three largest small group insurance products by enrollment in the State’s small group market; and

(ii) through an open, transparent, and inclusive process, which shall include at least one public hearing and an opportunity for public comment.

(2) In selecting the State benchmark plan, the Commissioner, in consultation with the Exchange, may exclude, consistent with applicable federal regulations:

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

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

(d) In selecting the State benchmark plan, the Commissioner, in consultation with the Exchange, shall:

(1) select a plan that complies with all requirements of this subtitle and the Affordable Care Act, the federal Mental Health Parity and Addiction Equity Act of 2008, and any other federal laws, regulations, policies, or guidance applicable to state benchmark plans and essential health benefits;

(2) for individual health benefit plans, require that the health benefit plans include any mandated benefits that were required in individual health benefit plans before December 31, 2011, if the benefits are not included in the selected benchmark plan; and

(3) if the selected state benchmark plan does not comply with any federal benefit requirement, supplement the required benefits, to the extent permitted by federal law, with benefits similar to those chosen by the Maryland Health Care Reform Coordinating Council in 2012.

(e) Within 10 days after selecting the State benchmark plan, the Commissioner shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee advising the Committees of the Commissioner’s selection and the process used in making the selection.

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

(ii) “Exchange certified stand–alone dental plan” means a stand–alone dental plan that has been certified by the Exchange for sale outside the Exchange under § 31–115 of this subtitle.

(iii) “Purchaser” means:

1. with respect to an individual health benefit plan, the individual applying for coverage; and

2. with respect to a small group health benefit plan, the employer applying for coverage.

(2) To the extent permitted under federal law, a health benefit plan offered outside the Exchange to individuals or small employers is not required to provide pediatric dental essential health benefits if:

(i) at the time the carrier offers the health benefit plan, the carrier discloses in a form approved by the Commissioner that the health benefit plan does not provide the full range of pediatric dental essential health benefits; and

(ii) the carrier is reasonably assured that the enrollee has obtained full coverage of pediatric dental essential health benefits through an Exchange certified stand–alone dental plan.

(3) A carrier shall:

(i) disclose to a potential purchaser, for those health benefit plans sold outside the Exchange that do not provide the pediatric dental essential health benefits, that the plan does not include the pediatric dental essential health benefits; and

(ii) for those health benefit plans sold outside the Exchange that do not provide the pediatric dental essential health benefits, include on its application completed by a purchaser the following:

“Have you obtained stand–alone dental coverage that provides pediatric dental essential health benefits through a Maryland Health Benefit Exchange certified stand–alone dental plan offered outside the Maryland Health Benefit Exchange?

Yes ____ No ____

If you answered “Yes”, please provide the name of the company issuing the stand–alone dental coverage.

If you answered “No”, you will be issued a health benefit plan that includes the pediatric dental essential health benefits.”

(4) The Administration shall place on its website a list of the Exchange certified stand–alone dental plans in the State.
Md. Code, Alcoholic Beverages and Cannabis § 31-603 — MD Code / Article gab / Title 31 / Subtitle 6 / Section 31-603
§31–603.
Status: in_force

(a) There is a Class B (on–sale only) beer license.

(b) (1) The Board may issue the license for use by a restaurant that:

(i) is in a permanent building with ample space and accommodations;

(ii) commonly offers hot and cold meals that are prepared, sold, and served to the public during regular business hours;

(iii) has a dining area with regular seating capacity at tables, chairs, and booths, that, excluding seats at bars or counters, can accommodate at least 50 customers;

(iv) is equipped with sufficient kitchen and dining facilities for regularly preparing and serving meals to the public;

(v) maintains a menu that advertises a variety of food that the establishment serves;

(vi) serves food at all times whenever beer is being served or consumed; and

(vii) has, on an annual basis, gross sales of food and nonalcoholic beverages that exceed its gross sales of alcoholic beverages.

(2) The license:

(i) may be issued countywide by the Board; and

(ii) is not subject to the population ratio quota requirements under § 31–1601 of this title.

(3) The license authorizes the license holder to sell beer at retail at the place described in the license for on–premises consumption.

(c) The term of the license is 1 year and begins on May 1.

(d) (1) (i) Once every licensing cycle, the license holder shall comply with a request from the Board to submit a Food Alcohol Ratio Report covering 2 preceding quarters that the Board selects to demonstrate compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

(ii) To enforce this paragraph, the Board may:

1. request that a license holder provide supporting data or additional information;

2. fine a license holder; or

3. suspend a license.

(2) When submitting a Food Alcohol Ratio Report, the license holder shall include a current menu and information on hours of operation and sales amounts and percentages for the specified quarters for food, nonalcoholic beverages, and alcoholic beverages.

(3) The license holder or the license holder’s accountant shall complete, sign, and provide for the notarization of the Food Alcohol Ratio Report.

(e) As a prerequisite for the renewal of the license, the applicant shall have demonstrated compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

(f) (1) The annual license fee is $50.

(2) The fee for a Sunday permit is $250.
Md. Code, State Personnel and Pensions § 31-106.2 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-106.2
§31–106.
Status: in_force

§31–106.2.

The only employees of the St. Mary’s Nursing Center, Inc. who are eligible to participate in the employees’ systems under this subtitle are those employees who were members of the Employees’ Retirement System or the Employees’ Pension System as employees of the St. Mary’s County Nursing Home on January 17, 1996.
Md. Code, Insurance § 31-117.1 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-117.1
§31–117.
Status: in_force

§31–117.1.

(a) As soon as practicable but not later than July 1, 2018, the Exchange, in consultation with the Commissioner and as approved by the Board, shall submit a State Innovation Waiver application under § 1332 of the Affordable Care Act to establish a program for reinsurance and seek federal pass–through funding.

(b) On or before December 31, 2018, the Commissioner may waive any notification or other requirements that apply to a carrier under this article in calendar year 2018 due to the implementation of a waiver approved under § 1332 of the Affordable Care Act.
Md. Code, Alcoholic Beverages and Cannabis § 31-605 — MD Code / Article gab / Title 31 / Subtitle 6 / Section 31-605
§31–605.
Status: in_force

(a) There is a Class D beer license.

(b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on– and off–premises consumption.

(2) A license may not be issued for a drugstore.

(c) (1) The annual license fee is $100.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-1803 — MD Code / Article gab / Title 31 / Subtitle 18 / Section 31-1803
§31–1803.
Status: in_force

The Board may not renew a license until the license holder, by June 15:

(1) pays all undisputed taxes that are due under the license to the Comptroller, the municipality, and the county;

(2) certifies by affidavit to the Board that no county taxes are due; and

(3) submits to the Board a certificate of good standing from the Comptroller.
Md. Code, Insurance § 31-101 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-101
§31–101.
Status: in_force

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

(a–1) “Application counselor” means an individual who holds an Individual Exchange application counselor certification issued under § 31–113(r) of this subtitle.

(a–2) “Application counselor sponsoring entity” or “sponsoring entity” means an entity designated by the Individual Exchange as a sponsoring entity under § 31–113(r) of this subtitle.

(b) “Board” means the Board of Trustees of the Exchange.

(b–1) “Captive producer” means an insurance producer who:

(1) is licensed in the State and authorized by the Commissioner to sell, solicit, or negotiate health insurance;

(2) receives an authorization and meets the other requirements set forth in § 31–113(n)(2) of this subtitle;

(3) has a current and exclusive appointment with a single carrier; and

(4) receives compensation as a captive producer only from that carrier.

(c) “Carrier” means:

(1) an insurer authorized to sell health insurance;

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization; or

(5) any other entity providing a plan of health insurance, health benefits, or health services authorized under this article or the Affordable Care Act.

(c–1) “Consolidated Services Center” or “CSC” means the consumer assistance call center established in accordance with the requirement to operate a toll–free hotline under § 1311(d)(4) of the Affordable Care Act and § 31–108(b)(5) of this subtitle.

(d) “Coverage level” means a level of coverage, as defined in § 1302 of the Affordable Care Act and as determined in regulations adopted by the Secretary, for a qualified health plan.

(e) (1) “Exchange” means the Maryland Health Benefit Exchange established as a public corporation under § 31–102 of this subtitle.

(2) “Exchange” includes:

(i) the Individual Exchange; and

(ii) the Small Business Health Options Program (SHOP Exchange).

(e–1) (1) ‘‘Full–time employee’’ means, with respect to a calendar month, an employee of a small employer who works, on average, at least 30 hours per week.

(2) ‘‘Full–time employee’’ does not include a seasonal employee as defined in federal law.

(f) “Fund” means the Maryland Health Benefit Exchange Fund established under § 31–107 of this subtitle.

(g) (1) “Health benefit plan” means a policy, contract, certificate, or agreement offered, issued, or delivered by a carrier to an individual or small employer in the State to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.

(2) “Health benefit plan” does not include:

(i) coverage only for accident or disability insurance or any combination of accident and disability insurance;

(ii) coverage issued as a supplement to liability insurance;

(iii) liability insurance, including general liability insurance and automobile liability insurance;

(iv) workers’ compensation or similar insurance;

(v) automobile medical payment insurance;

(vi) credit–only insurance;

(vii) coverage for on–site medical clinics; or

(viii) other similar insurance coverage, specified in federal regulations issued pursuant to the federal Health Insurance Portability and Accountability Act, under which benefits for health care services are secondary or incidental to other insurance benefits.

(3) “Health benefit plan” does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance, or are otherwise not an integral part of the plan:

(i) limited scope dental or vision benefits;

(ii) benefits for long–term care, nursing home care, home health care, community–based care, or any combination of these benefits; or

(iii) such other similar limited benefits as are specified in federal regulations issued pursuant to the federal Health Insurance Portability and Accountability Act.

(4) “Health benefit plan” does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether the benefits are provided under any group health plan maintained by the same plan sponsor:

(i) coverage only for a specified disease or illness;

(ii) group hospital indemnity or other fixed indemnity insurance, if the benefits are payable in a fixed dollar amount per period of time, such as $100 per day of hospitalization, regardless of the amount of expenses incurred; or

(iii) individual hospital indemnity or other fixed indemnity insurance, if:

1. the benefits are paid in a fixed dollar amount per period of hospitalization, illness, or service, regardless of the amount of expenses incurred and of the amount of benefits provided with respect to the event or service under any other health coverage; and

2. a notice is displayed prominently in the application materials, in at least 14 point type, that has the following language in capital letters: “This is a supplement to health insurance and is not a substitute for major medical coverage. Lack of major medical coverage (or other minimum essential coverage) may result in an additional payment with your taxes.”.

(5) “Health benefit plan” does not include the following if offered as a separate policy, certificate, or contract of insurance:

(i) Medicare supplemental insurance (as defined under § 1882(g)(1) of the Social Security Act);

(ii) coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)); or

(iii) similar supplemental coverage provided to coverage under a group health plan if the coverage qualifies for the exception described in 45 C.F.R. § 146.145(b)(5)(i)(C).

(h) “Health literacy” means the degree to which an individual has the capacity to obtain, process, and understand health information and services in order to make an appropriate health decision.

(i) “Individual Exchange” means the division of the Exchange that serves the individual health insurance market.

(j) “Individual Exchange connector entity” means a community–based organization or other entity or a partnership of entities that:

(1) is authorized by the Individual Exchange under § 31–113(f) of this subtitle; and

(2) employs or engages Individual Exchange navigators to provide the services described in § 31–113(d)(1) of this subtitle.

(k) “Individual Exchange connector entity authorization” means a grant of authority from the Individual Exchange to an Individual Exchange connector entity under § 31–113(f) of this subtitle.

(l) “Individual Exchange navigator” means an individual who:

(1) holds an Individual Exchange navigator certification; and

(2) provides the services described in § 31–113(d)(1) of this subtitle for an Individual Exchange connector entity.

(m) “Individual Exchange navigator certification” means a certificate issued by the Individual Exchange that authorizes an individual to act as an Individual Exchange navigator.

(n) “Insurance producer authorization” means a permit issued by the SHOP Exchange or Individual Exchange to allow an insurance producer to sell qualified plans in the SHOP Exchange or Individual Exchange.

(o) “Managed care organization” has the meaning stated in § 15–101 of the Health – General Article.

(p) “Maryland Health Care Reform Coordinating Council” means the joint executive–legislative council established and expanded by Executive Orders 01.01.2010.07 and 01.01.2011.10.

(p–1) (1) “Minimum essential coverage” means:

(i) Medicare;

(ii) the Maryland Medical Assistance Program;

(iii) the Maryland Children’s Health Insurance Program;

(iv) medical coverage under 10 U.S.C. §§ 1071 through 1110b;

(v) a health care program under 38 U.S.C. §§ 1701 through 1788 or 38 U.S.C. §§ 1802 through 1834, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury;

(vi) a health plan under 22 U.S.C. § 2504(e);

(vii) the Nonappropriated Fund Health Benefits Program of the Department of Defense, established under 10 U.S.C. § 1587;

(viii) coverage under an eligible employer–sponsored plan, as defined in 26 U.S.C. § 5000A;

(ix) coverage under a health plan offered in the individual market in the State;

(x) coverage under a grandfathered health plan; or

(xi) other coverage as the Exchange recognizes, consistent with policy goals of Subtitle 2 of this title.

(2) “Minimum essential coverage” does not include:

(i) health insurance coverage that consists of coverage of excepted benefits described in:

1. § 2791(c)(1) of the Public Health Service Act; or

2. § 2791(c)(2), (3), or (4) of the Public Health Service Act if the benefits are provided under a separate policy, certificate, or contract of insurance;

(ii) a short–term limited duration insurance;

(iii) an association health plan that fails to meet the requirements of the State small group market or, in the case of a plan purchased by sole proprietors, the State individual market; or

(iv) another form of coverage identified by the Exchange that:

1. does not meet the requirements of Title I of the Affordable Care Act; and

2. undermines the stability or increases average premiums in the individual or small group market.

(p–2) “Plan year” has the meaning stated in § 15–1201 of this article.

(q) “Qualified dental plan” means a dental plan certified by the Exchange that provides limited scope dental benefits, as described in § 31–108(b)(2) of this subtitle.

(r) “Qualified employer” means a small employer that elects to make its full–time employees and, at the option of the employer, some or all of its part–time employees eligible for one or more qualified health plans offered through the SHOP Exchange, provided that the employer:

(1) has its principal place of business in the State and elects to provide coverage through the SHOP Exchange to all of its eligible employees, wherever employed; or

(2) elects to provide coverage through the SHOP Exchange to all of its eligible employees who are principally employed in the State.

(s) “Qualified health plan” means a health benefit plan that has been certified by the Exchange to meet the criteria for certification described in § 1311(c) of the Affordable Care Act and § 31–115 of this subtitle.

(t) “Qualified individual” means an individual, including a minor, who at the time of enrollment:

(1) is seeking to enroll in a qualified health plan offered to individuals through the Exchange;

(2) resides in the State;

(3) is not incarcerated, other than incarceration pending disposition of charges; and

(4) is, and reasonably is expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States.

(u) “Qualified plan” means a:

(1) qualified health plan;

(2) qualified dental plan; and

(3) qualified vision plan.

(u–1) “Qualified resident” means an individual, including a minor, regardless of immigration status, who at the time of enrollment:

(1) is seeking to enroll in a qualified plan offered to individuals through the Exchange;

(2) resides in the State;

(3) is not incarcerated, other than incarceration pending disposition of charges; and

(4) is not eligible for the federal premium tax credit, the Maryland Medical Assistance Program, Medicare, the Maryland Children’s Health Plan, or employer–sponsored minimum essential coverage.

(v) “Qualified vision plan” means a vision plan certified by the Exchange that provides limited scope vision benefits, as described in § 31–108(b)(3) of this subtitle.

(w) “Secretary” means the Secretary of the federal Department of Health and Human Services.

(x) “SHOP Exchange” means the Small Business Health Options Program authorized under § 31–108(b)(13) of this subtitle.

(y) “SHOP Exchange navigator” means an individual engaged by the SHOP Exchange and authorized by the Commissioner to provide the services described in § 31–112(c)(1) of this subtitle.

(z) “SHOP Exchange navigator license” means a license issued by the Commissioner that authorizes an individual to carry out the functions set forth in § 31–112(c) of this subtitle in the SHOP Exchange.

(aa) (1) “Small employer” means an employer that, during the preceding calendar year, employed an average of not more than 50 employees.

(2) For purposes of this subsection:

(i) all persons treated as a single employer under § 414(b), (c), or (o) of the Internal Revenue Code shall be treated as a single employer;

(ii) an employer and any predecessor employer shall be treated as a single employer;

(iii) the number of employees of an employer shall be determined by adding:

1. the number of full–time employees; and

2. the number of full–time equivalent employees, which shall be calculated for a particular month by dividing the aggregate number of hours of service of employees who are not full–time employees for the month by 120;

(iv) if an employer was not in existence throughout the preceding calendar year, the determination of whether the employer is a small employer shall be based on the average number of employees that the employer is reasonably expected to employ on business days in the current calendar year;

(v) an employer that makes enrollment in qualified health plans available to its employees through the SHOP Exchange, and would cease to be a small employer by reason of an increase in the number of its employees, shall continue to be treated as a small employer for purposes of this subtitle as long as it continuously makes enrollment through the SHOP Exchange available to its employees; and

(vi) to the extent permitted by federal law, an entity that leases employees from a professional employer organization, coemployer, or other organization engaged in employee leasing and that otherwise meets the description in this section shall be treated as a small employer.

(bb) “State benchmark plan” means the health benefit plan designated by the State, under regulations adopted by the Secretary, to serve as the standard for the essential health benefits to be offered by:

(1) qualified health plans inside the Exchange;

(2) individual health benefit plans, except grandfathered health plans, as defined in § 1251 of the Affordable Care Act; and

(3) health benefit plans offered to small employers, except grandfathered health plans, as defined in § 1251 of the Affordable Care Act.
Md. Code, Insurance § 31-206 — MD Code / Article gin / Title 31 / Subtitle 2 / Section 31-206
§31–206.
Status: in_force

(a) If an uninsured individual is not determined to be eligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program under § 31–205 of this subtitle, the Exchange shall determine, in accordance with § 31–204 of this subtitle, whether the uninsured individual is eligible for premium tax credits or cost–sharing reductions as determined under this section.

(b) (1) A special or other enrollment period for the individual market shall begin on the date an income tax return is filed by or on behalf of an uninsured individual that includes the choice described in § 2–115(c)(3) of the Tax – General Article, if the return is filed on or before the date specified by the Exchange.

(2) The enrollment period described in this subsection shall last for a period of time determined by the Exchange before the start of the calendar year that may not be shorter than 14 days.

(c) (1) Information about the enrollment period described in subsection (b) of this section shall be communicated to the public and affected individuals through measures that may include language in the instructions for the State individual income tax return, if inclusion of the language is approved by the Comptroller.

(2) The Exchange is authorized to conduct outreach to individuals described in paragraph (1) of this subsection, using methods that may include written notices and the provision of individualized assistance by insurance agents and brokers, navigators, tax preparers, and Exchange contractors and staff.

(3) Notwithstanding any other provision of this article, the Exchange may compensate an entity for outreach described in paragraph (2) of this subsection in a manner that reflects, in whole or in part, the number of uninsured individuals enrolled under this section and § 31–204 of this subtitle by that entity.
Md. Code, Alcoholic Beverages and Cannabis § 31-1602 — MD Code / Article gab / Title 31 / Subtitle 16 / Section 31-1602
§31–1602.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Board may not issue a license:

(1) until all outstanding gaming proceeds, payments, and fines that are unpaid by the license holder or applicant have been paid or judicially satisfied; or

(2) for any location that previously was licensed under this title, until all county taxes that are unpaid by the license holder for the operation of the business under the previous license have been paid or judicially satisfied.

(b) The prohibition against issuing a license in subsection (a) of this section does not apply to:

(1) a temporary license; or

(2) a certificate of permission or renewal license issued to a personal representative under § 4–803 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 31-101 — MD Code / Article gab / Title 31 / Subtitle 1 / Section 31-101
§31–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Washington County.

(c) “County” means Washington County.
Md. Code, Local Government § 31-105 — MD Code / Article glg / Title 31 / Subtitle 1 / Section 31-105
§31–105.
Status: in_force

(a) Notwithstanding any other provision of law, any local governmental entity and the Baltimore City Board of School Commissioners may provide personally identifiable information and data for the Baltimore City Youth Data Hub.

(b) On request of the manager, a provider may submit and update personally identifiable information related to the Baltimore City Youth Data Hub’s purpose on a rolling or real–time basis.

(c) Each provider and its clients, students, or participants, as appropriate, shall retain ownership of:

(1) the data provided by the provider; and

(2) the de–identified data and any new data element, including derivative files generated as a result of the data provided by the provider to the Baltimore City Youth Data Hub.
Md. Code, Alcoholic Beverages and Cannabis § 31-1701 — MD Code / Article gab / Title 31 / Subtitle 17 / Section 31-1701
§31–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation:

(1) §�4–303�(“Chain store, supermarket, or discount house”);

(2) §�4–304�(“Compliance with Bulk Transfers Act required”); and

(3) §�4–306�(“Substitution of names of officers on license”).

(b) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county:

(1) §�4–302�(“Transfer of place of business; transfer of license and inventory”), subject to § 31–1702 of this subtitle; and

(2) §�4–305�(“Filing fee and endorsement”), subject to § 31–1703 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 31-1006 — MD Code / Article gab / Title 31 / Subtitle 10 / Section 31-1006
§31–1006.
Status: in_force

(a) There is a Class B–theater license.

(b) The Board may issue the license for use in a theater that:

(1) is operated by a nonprofit organization;

(2) appears on the National Register of Historic Places;

(3) accommodates at least 1,400 individuals; and

(4) is located on the south side of Hagerstown.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption only to individuals who attend a performance or an event held at the theater.

(d) 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 § 31–2004 of this title.

(e) (1) The annual license fee is $200.

(2) The fee for a Sunday permit is $250.
Md. Code, Alcoholic Beverages and Cannabis § 31-204 — MD Code / Article gab / Title 31 / Subtitle 2 / Section 31-204
§31–204.
Status: in_force

(a) (1) The annual salaries for the Board shall be set by the County Commissioners under Title 28, Subtitle 2 of the Local Government Article.

(2) The salaries specified in this subsection are payable monthly from the license fees derived from the issuance of licenses authorized by this article.

(b) (1) The Board may:

(i) employ:

1. a secretary;

2. inspectors; and

3. clerical and other assistants as are necessary; and

(ii) set the compensation of the employees.

(2) An employee of the Board may not have a pecuniary or other interest in any phase of the manufacture, sale, or distribution of alcoholic beverages.
Md. Code, Insurance § 31-109 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-109
§31–109.
Status: in_force

(a) Subject to subsection (b) of this section, the Exchange may enter into agreements or memoranda of understanding with another state to:

(1) develop joint or reciprocal certification processes;

(2) develop consistency in qualified plans offered across states; and

(3) coordinate resources for administrative processes necessary to support:

(i) certification of qualified plans; and

(ii) other functions of the Exchange.

(b) Any interstate agreements or memoranda of understanding entered into under subsection (a) of this section shall comply with and advance:

(1) the purposes and requirements of this subtitle and the Affordable Care Act; and

(2) the policies and regulations adopted by the Exchange under this subtitle.
Md. Code, State Personnel and Pensions § 31-113 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-113
§31–113.
Status: reserved

(a) This section applies only to a local plan that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.

(b) Except as provided in subsection (c) of this section, the operation of the local plan of an eligible governmental unit terminates on the effective date.

(c) (1) An eligible governmental unit may elect to continue to operate a local plan after the effective date of participation in the Employees’ Pension System to provide benefits to an individual who:

(i) is receiving benefits from the local plan;

(ii) is eligible to receive benefits from the local plan on account of the individual’s previous employment by the eligible governmental unit; or

(iii) did not elect to join the Employees’ Pension System under § 23–204(a) of this article.

(2) An individual may not be enrolled in the local plan of a participating governmental unit electing to continue to operate its local plan under paragraph (1) of this subsection if the individual becomes employed or is rehired by the participating governmental unit on or after the effective date of participation of the participating governmental unit in the Employees’ Pension System.

(d) The liability for the continuation of benefits under subsection (c) of this section shall be included in the computation of the special accrued liability as provided by § 21–305.3 of this article.

(e) (1) On the effective date:

(i) the assets to the credit of the local plan of the participating governmental unit that are attributable to the employees of the participating governmental unit who elect to become members of the Employees’ Pension System under § 23–204(a) of this article shall be transferred to the Employees’ Pension System; and

(ii) the trustee or other administrative head of the local plan shall certify the proportion of the funds of the local plan that represents the accumulated contributions of the members as of that date.

(2) The accumulated contributions shall be credited to the respective annuity savings accounts of the members in the Employees’ Pension System.

(3) Any balance of the funds transferred to the Employees’ Pension System shall be offset against the special accrued liability to be funded by the participating governmental unit as provided by § 21–305.3 of this article.
Md. Code, State Personnel and Pensions § 31-109.1 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-109.1
§31–109.
Status: in_force

§31–109.1.

(a) Except as provided in subsection (b) of this section, the effective date of participation for an eligible governmental unit is July 1 of the year following the fiscal year in which the eligible governmental unit elects to participate in the Employees’ Pension System.

(b) If an eligible governmental unit does not provide the Board of Trustees with the necessary documentation to join the Employees’ Pension System on or before the effective date for the eligible governmental unit, the effective date shall be postponed until July 1 of the second year following the fiscal year in which the eligible governmental unit elects to participate in the Employees’ Pension System.
Md. Code, Alcoholic Beverages and Cannabis § 31-2801 — MD Code / Article gab / Title 31 / Subtitle 28 / Section 31-2801
§31–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, Alcoholic Beverages and Cannabis § 31-2001 — MD Code / Article gab / Title 31 / Subtitle 20 / Section 31-2001
§31–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Alcoholic Beverages and Cannabis § 31-1309 — MD Code / Article gab / Title 31 / Subtitle 13 / Section 31-1309
§31–1309.
Status: in_force

(a) There is a liquor tasting license (LTL).

(b) The Board may issue the license to a holder of any class of beer, wine, and liquor license.

(c) The license authorizes the holder to allow:

(1) the on–premises consumption of liquor for tasting; and

(2) a wholesaler or supplier to present various liquors from a single brand owner.

(d) The license holder shall notify the Board in writing at least 10 days before a tasting event.

(e) A license holder may not serve more than 1 ounce of a single liquor to a single individual.

(f) (1) A maximum of four bottles may be open at any one time at a liquor tasting event.

(2) After a bottle of liquor is opened for a tasting event:

(i) the contents of the bottle may not be mixed with that of any other bottle; and

(ii) the bottle shall be destroyed when empty.

(g) A license holder may not charge for the liquor tasting.

(h) The license may be used for a maximum of:

(1) 12 days in a licensing year for a 12–tasting license; and

(2) 24 days in a licensing year for a 24–tasting license.

(i) A single tasting event may not exceed 4 hours.

(j) The annual license fees are:

(1) $300 for a 12–tasting license; and

(2) $500 for a 24–tasting license.
Md. Code, Alcoholic Beverages and Cannabis § 31-1406 — MD Code / Article gab / Title 31 / Subtitle 14 / Section 31-1406
§31–1406.
Status: in_force

The Board shall destroy the criminal history record information on completion of the application process.
Md. Code, Insurance § 31-112 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-112
§31–112.
Status: reserved

(a) There is a navigator program for the SHOP Exchange.

(b) The navigator program for the SHOP Exchange shall focus outreach efforts and provide health insurance enrollment and eligibility services to small employers that do not offer health insurance to their employees.

(c) (1) To carry out its purpose and in compliance with the Affordable Care Act, the SHOP Exchange navigator program, with respect only to qualified plans offered in the SHOP Exchange, shall provide comprehensive consumer assistance services, including:

(i) conducting education and outreach to small employers;

(ii) distributing information about the SHOP Exchange, including information about:

1. options with respect to employer and employee choice;

2. procedures for enrolling in qualified plans; and

3. the availability of applicable tax credits;

(iii) facilitating:

1. qualified plan selection, based on the needs of the employee;

2. application processes;

3. enrollment;

4. renewals; and

5. disenrollment;

(iv) conducting eligibility determinations and redeterminations for tax credits;

(v) providing referrals to appropriate agencies, including the Attorney General’s Health Education and Advocacy Unit and the Administration, for applicants and enrollees with grievances, complaints, or questions;

(vi) providing all information and services in a manner that is culturally and linguistically appropriate and ensures accessibility for individuals with disabilities; and

(vii) providing ongoing support with respect to the functions set forth in this section, including eligibility and enrollment and disenrollment in and renewal of qualified plans offered in the SHOP Exchange.

(2) A SHOP Exchange navigator:

(i) shall hold a SHOP Exchange navigator license issued under subsection (d) of this section;

(ii) may not be required to hold an insurance producer license;

(iii) shall be engaged by and receive compensation only through the SHOP Exchange;

(iv) may not receive compensation from or otherwise be affiliated with a carrier, an insurance producer, a third–party administrator, or any other person connected to the insurance industry; and

(v) shall complete and comply with any ongoing requirements of the training program established under subsection (h) of this section.

(3) With respect to the insurance market outside the Exchange, a SHOP Exchange navigator:

(i) may not provide any information or services related to health benefit plans or other products not offered in the Exchange, except for general information about the insurance market outside the Exchange, which shall be limited to the information provided in a consumer education document developed by the Exchange and the Commissioner;

(ii) shall refer any inquiries about health benefit plans or other products not offered in the Exchange to:

1. any resources that may be maintained by the Exchange; or

2. carriers and licensed insurance producers;

(iii) may not seek to replace any health benefit plan already offered by a small employer unless the small employer is eligible for a federal tax credit available only through the SHOP Exchange; and

(iv) shall refer to the Individual Exchange navigator program any inquiries about information or services related to:

1. qualified plans offered in the Individual Exchange; or

2. the Maryland Medical Assistance Program and the Maryland Children’s Health Program.

(d) (1) The Commissioner shall issue a SHOP Exchange navigator license to each applicant who meets the requirements of this subsection.

(2) To qualify for a SHOP Exchange navigator license, an applicant:

(i) shall be of good character and trustworthy;

(ii) shall be at least 18 years old;

(iii) shall pass a written examination given by the Commissioner under this subsection; and

(iv) may not have committed any act that the Commissioner finds would warrant suspension or revocation of a license under subsection (e) of this section.

(3) The Commissioner shall adopt regulations that govern:

(i) the scope, type, conduct, frequency, and assessment of the written examination required for a license;

(ii) the experience required for an individual applicant to be eligible to take the written examination; and

(iii) the reinstatement of an expired license.

(e) (1) The Commissioner may deny, suspend, revoke, or refuse to renew or reinstate a SHOP Exchange navigator license after notice and opportunity for a hearing under §§ 2–210 through 2–214 of this article, if the licensee:

(i) has willfully violated this article or any regulation adopted under this article;

(ii) has intentionally misrepresented or concealed a material fact in the application for the license;

(iii) has obtained the license by misrepresentation, concealment, or other fraud;

(iv) has engaged in fraudulent or dishonest practices in conducting activities under the license;

(v) has misappropriated, converted, or unlawfully withheld money in conducting activities under the license;

(vi) has failed or refused to pay over on demand money that belongs to a person entitled to the money;

(vii) has willfully and materially misrepresented the provisions of a qualified plan;

(viii) has been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust;

(ix) has failed an examination required by this article or regulations adopted under this article;

(x) has forged another’s name on an application for a qualified plan or on any other document in conducting activities under the license;

(xi) has otherwise shown a lack of trustworthiness or competence to act as a SHOP Exchange navigator; or

(xii) has willfully failed to comply with or violated a proper order or subpoena of the Commissioner.

(2) Instead of or in addition to suspending or revoking a license, the Commissioner may:

(i) impose a penalty of not less than $100 but not exceeding $500 for each violation of this article; and

(ii) require that restitution be made to any person who has suffered financial injury because of a violation of this article.

(3) If the Commissioner suspends a SHOP Exchange navigator license, the Commissioner may require the individual to pass an examination and file a new application before the suspension is lifted.

(4) The penalties available to the Commissioner under this subsection shall be in addition to any criminal or civil penalties imposed for fraud or other misconduct under any other State or federal law.

(5) The Commissioner shall notify the SHOP Exchange of any decision affecting the license of a SHOP Exchange navigator or any sanction imposed on a SHOP Exchange navigator under this subsection.

(6) The Commissioner, in the Commissioner’s role as a member of the Board, may not participate in any matter that involves the SHOP Exchange’s navigator program if, in the Commissioner’s judgment, the Commissioner’s participation might create a conflict of interest with respect to the Commissioner’s regulatory authority over the SHOP Exchange’s navigator program.

(7) A carrier is not responsible for the activities and conduct of a SHOP Exchange navigator.

(f) (1) The SHOP Exchange shall establish and administer an insurance producer authorization program.

(2) Under the program, the SHOP Exchange shall:

(i) provide an authorization to sell qualified plans to a licensed insurance producer who meets the requirements in subsection (g) of this section; and

(ii) require renewal of an authorization every 2 years.

(3) (i) Subject to the contested case hearing provisions of Title 10, Subtitle 2 of the State Government Article, the SHOP Exchange may suspend, revoke, or refuse to renew an authorization for good cause, which shall include a finding that the insurance producer holding the authorization has committed any act described in subsection (e)(1) of this section with respect to the authorization.

(ii) The SHOP Exchange shall notify the Commissioner of any decision affecting the status of an insurance producer’s authorization.

(4) The SHOP Exchange, in consultation with the Commissioner, shall adopt regulations to carry out this subsection.

(g) (1) Subject to the requirements in paragraph (2) of this subsection, an insurance producer who is licensed in the State and authorized by the Commissioner to sell, solicit, or negotiate health insurance may sell any qualified plan offered in the SHOP Exchange without being separately licensed as a SHOP Exchange navigator.

(2) To sell qualified plans in the SHOP Exchange, an insurance producer shall:

(i) register and apply for an authorization from the SHOP Exchange;

(ii) complete and comply with any ongoing requirements of the training program established under subsection (h) of this section; and

(iii) in providing assistance to a small employer seeking information about offering health insurance, inform the small employer of:

1. all qualified health plans available to employees in the SHOP Exchange; and

2. all options available to the small employer in the SHOP Exchange for offering qualified health plans to employees.

(3) An insurance producer:

(i) may not be compensated by the SHOP Exchange for the sale of a qualified plan offered in the SHOP Exchange; and

(ii) shall be compensated directly by a carrier.

(h) (1) The SHOP Exchange, with the approval of the Commissioner and in consultation with stakeholders, shall develop, implement, and, as appropriate, update training programs for:

(i) SHOP Exchange navigators;

(ii) licensed insurance producers who seek authorization to sell qualified plans in the SHOP Exchange; and

(iii) Consolidated Services Center employees required to hold a SHOP Exchange enrollment permit.

(2) The training programs shall:

(i) impart the skills and expertise necessary to perform functions specific to the SHOP Exchange, such as making tax credit eligibility determinations; and

(ii) enable the SHOP Exchange’s navigator program and the Consolidated Services Center to provide robust protection of consumers and adherence to high quality assurance standards.
Md. Code, Alcoholic Beverages and Cannabis § 31-2803 — MD Code / Article gab / Title 31 / Subtitle 28 / Section 31-2803
§31–2803.
Status: in_force

The Board shall expunge the record of a violation of this article or a regulation adopted under this article 5 years after the date the violation occurred.
Md. Code, State Personnel and Pensions § 31-2A-07 — MD Code / Article gsp / Title 31 / Subtitle 2A / Section 31-2A-07
§31–2A–07.
Status: in_force

(a) This section applies to an individual who is a local law enforcement officer of the Frostburg City Police Department:

(1) in a permanent full–time position before the effective date and who remains a local law enforcement officer of the Frostburg City Police Department in a permanent full–time position through the effective date; or

(2) in a permanent full–time position after the effective date.

(b) Notwithstanding any other provision of law, if the Frostburg City Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, membership in the Law Enforcement Officers’ Pension System is mandatory for an individual described under subsection (a) of this section.

(c) If the Frostburg City Police Department commences participation in the Law Enforcement Officers’ Pension System in accordance with subsection (b) of this section, an individual described under subsection (a)(1) of this section is entitled to eligibility service and creditable service in the Law Enforcement Officers’ Pension System for employment with the Frostburg City Police Department before the effective date.

(d) On joining the Law Enforcement Officers’ Pension System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a)(1) of this section shall:

(1) no longer be a member of the Employees’ Pension System; and

(2) have no further rights to any benefit in the Employees’ Pension System.

(e) The transfer of creditable service for an individual described in subsection (a)(1) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Law Enforcement Officers’ Pension System under this section, is not governed by Title 37 of this article.

(f) If the Frostburg City Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, § 31–2A–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.
Md. Code, Alcoholic Beverages and Cannabis § 31-604 — MD Code / Article gab / Title 31 / Subtitle 6 / Section 31-604
§31–604.
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) Subtitles 14 and 15 of this title and § 3–102 of the General Provisions Article do not apply to an applicant for the license.

(d) (1) The annual license fee is $100.

(2) The fee for a Sunday permit is $250.
Md. Code, Insurance § 31-111 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-111
§31–111.
Status: in_force

(a) The SHOP Exchange:

(1) shall be a separate insurance market within the Exchange for small employers; and

(2) may not be merged with the individual market of the Individual Exchange.

(b) The SHOP Exchange shall be designed to balance:

(1) the viability of the SHOP Exchange as an alternative for qualified employers and their employees who have not been able historically to access and afford insurance in the small group market;

(2) the need for stability and predictability in employers’ health insurance costs incurred on behalf of their employees;

(3) the desirability of providing employees with a meaningful choice among high–quality and affordable health benefit plans; and

(4) the need to facilitate continuity of care for employees who change employers or health benefit plans.

(c) The SHOP Exchange shall allow qualified employers to:

(1) as required by regulations adopted by the Secretary under the Affordable Care Act, designate a coverage level within which their employees may choose any qualified health plan; or

(2) designate a carrier or an insurance holding company system, as defined in § 7–101 of this article, and a menu of qualified health plans offered by the carrier or the insurance holding company system in the SHOP Exchange from which their employees may choose.

(d) In addition to the options set forth in subsection (c) of this section, the SHOP Exchange also may allow qualified employers to designate one or more qualified dental plans and qualified vision plans to be made available to their employees.

(e) (1) A qualified employer is not required to contribute to the qualified plan premiums of its employees.

(2) (i) If a qualified employer chooses to contribute to the qualified plan premiums of its employees, the qualified employer shall:

1. select a reference plan on which the contributions will be based; and

2. make a contribution that is:

A. a fixed percentage of the premium of the reference plan, based on the coverage level selected by the member and the member’s job classification, if otherwise permissible; or

B. a dollar amount that ensures that all of the qualified employer’s employees with the same coverage level and job classification would pay the same amount if they purchased the reference plan.

(ii) A reference plan selected under subparagraph (i)1 of this paragraph:

1. under the employer choice model, shall be a qualified plan that is:

A. offered by the carrier or insurance holding company system selected by the qualified employer; and

B. among the qualified plans of the carrier or insurance holding company system selected by the qualified employer; or

2. under the employee choice model, shall be a qualified plan offered by any carrier at the metal level selected by the qualified employer.

(f) On or after January 1, 2016, in order to continue to promote the SHOP Exchange’s principles of accessibility, choice, affordability, and sustainability, and as it obtains more data on adverse selection, cost, enrollment, and other factors, the SHOP Exchange:

(1) may reassess and modify the manner in which the SHOP Exchange allows qualified employers to offer, and their employees to choose, qualified health plans and coverage levels;

(2) in reassessing employer and employee choice, may consider options which would promote the additional objective of increasing the portability of employees’ health insurance as employees move from employer to employer or transition in and out of employment; and

(3) shall implement any modification of offerings and choice through regulations adopted by the SHOP Exchange.
Md. Code, Alcoholic Beverages and Cannabis § 31-1102.1 — MD Code / Article gab / Title 31 / Subtitle 11 / Section 31-1102.1
§31–1102.
Status: in_force

§31–1102.1.

(a) The Board may issue a refillable container permit for wine to a holder of a Class A wine 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) The annual permit fee is $50.
Md. Code, Alcoholic Beverages and Cannabis § 31-1003 — MD Code / Article gab / Title 31 / Subtitle 10 / Section 31-1003
§31–1003.
Status: in_force

(a) There is:

(1) a Class C (golf course) beer and wine license; and

(2) a Sunday Class C (golf course) beer and wine license.

(b) The Board may issue the licenses for use by a public golf course or organization that has a regular or championship golf course with a minimum of nine holes.

(c) (1) The license holder may sell beer and wine for consumption on the land and in the buildings, including the clubhouse, used for golfing purposes.

(2) A patron need not be seated to be served.

(d) (1) Except as provided in paragraph (2) of this subsection, the license holder may sell beer and wine during the hours and days as set out for a Class C beer and wine license under § 31–2003 of this title.

(2) The Board may reduce the license holder’s hours of sale of beer and wine for all or part of the licensed premises.

(e) The annual license fee is:

(1) $750 for a 6–day Class C (golf course) beer and wine license; and

(2) $250 for a Sunday Class C (golf course) beer and wine license.
Md. Code, Alcoholic Beverages and Cannabis § 31-401 — MD Code / Article gab / Title 31 / Subtitle 4 / Section 31-401
§31–401.
Status: in_force

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

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

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

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

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

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

(6) § 2–210 (“Class 8 farm brewery license”);

(7) § 2–211 (“Residency requirement”);

(8) § 2–212 (“Additional licenses”);

(9) § 2–213 (“Additional fees”);

(10) § 2–214 (“Sale or delivery restricted”);

(11) § 2–216 (“Interaction between manufacturing entities and retailers”);

(12) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(13) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county:

(1) § 2–205 (“Class 3 winery license”), subject to § 31–402.1 of this subtitle;

(2) § 2–206 (“Class 4 limited winery license”), subject to § 31–402.1 of this subtitle;

(3) § 2–208 (“Class 6 pub–brewery license”), subject to § 31–403 of this subtitle;

(4) § 2–209 (“Class 7 micro–brewery license”), subject to § 31–404 of this subtitle; and

(5) § 2–215 (“Beer sale on credit to retail dealer prohibited”), subject to § 31–405 of this subtitle.
Md. Code, Local Government § 31-108 — MD Code / Article glg / Title 31 / Subtitle 1 / Section 31-108
§31–108.
Status: in_force

Each year, the Baltimore City Youth Data Hub shall publish a report that is available and accessible to the public on:

(1) the implementation of the data management system, including identification of the sources and types of data received by the Baltimore City Youth Data Hub from each provider during the immediately preceding 12 months;

(2) a description of each approved disclosure of data by the Baltimore City Youth Data Hub;

(3) a list of publications and other reports based on the Baltimore City Youth Data Hub data;

(4) recommendations and best practices for enhancement and alignment of data collection and maintenance by providers; and

(5) any other information considered appropriate by the executive committee.
Md. Code, Local Government § 31-104 — MD Code / Article glg / Title 31 / Subtitle 1 / Section 31-104
§31–104.
Status: in_force

(a) The manager shall operate the Baltimore City Youth Data Hub.

(b) The manager shall be a citywide entity that aims to improve outcomes for youth, with a specific focus on youth from historically marginalized communities.

(c) The manager shall aggregate promptly and properly personally identifiable information received from providers.

(d) (1) Subject to paragraph (2) of this subsection, the manager may contract with a technology vendor or other professional.

(2) If the manager contracts with a technology vendor or other professional to code, create, or assist with the operation of the Baltimore City Youth Data Hub, the technology vendor or professional is subject to the requirements of this title related to the manager.

(e) (1) The manager is not subject to the Public Information Act or the Open Meetings Act.

(2) The records for which the manager is a custodian are not subject to the Public Information Act.
Md. Code, Alcoholic Beverages and Cannabis § 31-2802 — MD Code / Article gab / Title 31 / Subtitle 28 / Section 31-2802
§31–2802.
Status: in_force

(a) The Board may impose a fine not exceeding $2,500 or suspend a license or both on a license holder who violates this article.

(b) In deciding whether to fine a license holder or suspend the license, the Board shall consider whether:

(1) the public welfare and morals would be impaired by allowing the license holder to operate during the suspension period; and

(2) the payment of the fine will achieve the desired disciplinary purposes.

(c) Fines collected under this section shall be paid to the Board.
Md. Code, Alcoholic Beverages and Cannabis § 31-502 — MD Code / Article gab / Title 31 / Subtitle 5 / Section 31-502
§31–502.
Status: in_force

Except as provided in § 31–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Insurance § 31-113.1 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-113.1
§31–113.
Status: in_force

§31–113.1.

(a) In accordance with the requirement to operate a toll–free hotline under § 1311(d)(4) of the Affordable Care Act and § 31–108(b)(5) of this subtitle, the Exchange may establish a Consolidated Services Center.

(b) (1) The CSC may employ individuals to assist the SHOP Exchange.

(2) A CSC employee authorized to assist the SHOP Exchange:

(i) may provide the services set forth in § 31–112(c)(1) of this subtitle, but may not initiate contact with a small employer for the purpose of soliciting the small employer to provide qualified plans offered by the SHOP Exchange to its employees;

(ii) shall hold a SHOP Exchange enrollment permit;

(iii) is not a SHOP Exchange navigator and may not hold a SHOP Exchange navigator license;

(iv) may not be required to hold an insurance producer license; and

(v) shall comply with the limitations set forth in § 31–112(c)(3) of this subtitle.

(3) (i) The Commissioner shall issue a SHOP Exchange enrollment permit to each applicant who meets the requirements of this paragraph.

(ii) To qualify for a SHOP Exchange enrollment permit, an applicant:

1. shall be of good character and trustworthy;

2. shall be at least 18 years old;

3. shall pass the written examination given by the Commissioner to applicants for a SHOP navigator license under § 31–112(d)(2)(iii) of this subtitle;

4. shall be engaged by, and receive compensation only through, the CSC;

5. may not receive compensation from or otherwise be affiliated with a carrier, an insurance producer, a third–party administrator, or any other person connected to the insurance industry; and

6. shall complete, and comply with any ongoing requirements of, the training program established under § 31–112(h) of this subtitle.

(4) The Commissioner’s duties and authority under § 31–112(d)(3) and (e) of this subtitle shall apply to CSC employees who hold a SHOP Exchange enrollment permit issued under this subsection.

(c) (1) The CSC may employ individuals to assist the Individual Exchange.

(2) A CSC employee authorized to assist the Individual Exchange:

(i) may provide the services set forth in § 31–113(d) of this subtitle, but may not initiate contact with an individual for the purpose of soliciting the individual to enroll in a qualified plan offered by the Individual Exchange;

(ii) shall hold an Individual Exchange enrollment permit;

(iii) is not an Individual Exchange navigator and may not hold an Individual Exchange navigator certification;

(iv) may not be required to hold an insurance producer or adviser license;

(v) with respect to the insurance market outside the Exchange, shall comply with § 31–113(f)(8) of this subtitle;

(vi) shall inquire whether an individual has health insurance obtained through an insurance producer and, if so, shall refer the individual to the insurance producer for information and services unless:

1. the individual is eligible for, but has not obtained a federal premium subsidy and cost–sharing assistance, and the insurance producer is not authorized to sell qualified plans in the Individual Exchange; or

2. the individual would prefer not to seek further assistance from the individual’s insurance producer; and

(vii) shall comply with all State and federal laws, regulations, and policies governing the Maryland Medical Assistance Program and the Maryland Children’s Health Program.

(3) (i) The Exchange shall issue an Individual Exchange enrollment permit to each applicant who meets the requirements of this paragraph.

(ii) To qualify for an Individual Exchange enrollment permit, an applicant:

1. shall be of good character and trustworthy;

2. shall be at least 18 years old;

3. shall be engaged by, and receive compensation only through, the CSC;

4. may not receive any compensation, directly or indirectly, from:

A. a carrier, an insurance producer, or a third–party administrator in connection with the enrollment of a qualified individual in a qualified health plan; or

B. a managed care organization that participates in the Maryland Medical Assistance Program in connection with the enrollment of an individual in the Maryland Medical Assistance Program or the Maryland Children’s Health Program; and

5. shall complete, and comply with any ongoing requirements of, the training program established under § 31–113(k) of this subtitle.

(4) The Commissioner’s duties and authority under § 31–113(l) of this subtitle shall apply to CSC employees who hold an Individual Exchange enrollment permit issued under this subsection.

(d) The Exchange, the CSC, and CSC employees shall assist the Health Education and Advocacy Unit of the Office of the Attorney General in carrying out its duties to assist consumers under Title 13, Subtitle 4A of the Commercial Law Article and Title 15, Subtitles 10A and 10D of this article.
Md. Code, Insurance § 31-122 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-122
§31–122.
Status: in_force

(a) In this section, “Program” means the State–Based Young Adult Health Insurance Subsidies Program.

(b) (1) Subject to paragraph (2) of this subsection, the Exchange, in consultation with the Commissioner and as approved by the Board, may establish and implement a State–Based Young Adult Health Insurance Subsidies Program to provide subsidies to young adults for the purchase of health benefit plans in the individual health insurance market.

(2) The Exchange may not implement the Program for calendar years in which funds from the distribution of the assessment under § 6–102.1 of this article are not available.

(c) The Program required under this section shall be designed to:

(1) reduce the amount that young adults pay for health benefit plans in the individual health insurance market; and

(2) target young adults who are not directly impacted by the State Reinsurance Program.

(d) (1) For each calendar year, the Exchange, in consultation with the Commissioner and as approved by the Board, shall establish subsidy eligibility and payment parameters for the Program.

(2) In determining the subsidy eligibility and payment parameters required under paragraph (1) of this subsection, the Exchange shall consider:

(i) young adults at least 18 years old and under the age of 41 years; and

(ii) income groups between 133% and 400% of the federal poverty level.

(e) (1) Subject to available funds and paragraph (2) of this subsection, in each fiscal year, the Exchange may designate funds from the Fund to be used for the Program so that annual subsidies may be provided to young adults who meet the subsidy eligibility and payment parameters established under subsection (d) of this section.

(2) (i) For each of calendar years 2024 and 2025, the funds designated under paragraph (1) of this subsection may not exceed $20,000,000 plus any unspent funds designated for subsidies for young adults in a previous calendar year.

(ii) For calendar year 2026 and each calendar year thereafter, the Exchange, in consultation with the Commissioner, may designate funds from the Fund to provide annual subsidies to young adults who meet the subsidy eligibility and payment parameters established under subsection (d) of this section.

(f) The Exchange shall adopt regulations implementing the provisions of this section.

(g) The Exchange shall adopt regulations to provide a subsidy to cover 100% of the cost of the premium for young adults who have a 0% expected contribution under the subsidy eligibility parameters established under subsection (d) of this section.

(h) (1) The Exchange shall track on a monthly basis expenditures on subsidies provided under the Program, including:

(i) the average number of young adults receiving subsidies under the Program; and

(ii) the average subsidy amount received by young adults under the Program.

(2) The Exchange shall track:

(i) the impact the Program has on rates in the individual insurance market; and

(ii) the impact of covering 100% of the cost of premiums for qualified participants on effectuation rates and termination for nonpayment rates.

(3) The information tracked by the Exchange under paragraphs (1) and (2) of this subsection shall be:

(i) posted on the website of the Exchange; and

(ii) included in the annual report required under § 31–119(d) of this subtitle.
Md. Code, State Personnel and Pensions § 31-111.8 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-111.8
§31–111.
Status: in_force

§31–111.8.

(a) An individual who elects membership in the Employees’ Pension System under § 23–204(f) of this article and is an employee of the City of College Park on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to 60% of the individual’s period of employment with the City of College Park before the effective date as certified by the City of College Park as of the effective date.

(b) If an employee or a former employee of the City of College Park becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the City of College Park before the effective date.
Md. Code, Insurance § 31-108 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-108
§31–108.
Status: in_force

(a) On or before January 1, 2014, the functions and operations of the Exchange shall include at a minimum all functions required by § 1311(d)(4) of the Affordable Care Act.

(b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange shall:

(1) make qualified plans available to qualified individuals, qualified residents, and qualified employers;

(2) allow a carrier to offer a qualified dental plan through the Exchange that provides limited scope dental benefits that meet the requirements of § 9832(c)(2)(A) of the Internal Revenue Code, either separately, in conjunction with, or as an endorsement to a qualified health plan, provided that the qualified health plan provides pediatric dental benefits that meet the requirements of § 1302(b)(1)(J) of the Affordable Care Act;

(3) allow a carrier to offer a qualified vision plan through the Exchange that provides limited scope vision benefits that meet the requirements of § 9832(c)(2)(A) of the Internal Revenue Code, either separately, in conjunction with, or as an endorsement to a qualified health plan, provided that the qualified health plan provides pediatric vision benefits that meet the requirements of § 1302(b)(1)(J) of the Affordable Care Act;

(4) consistent with the guidelines developed by the Secretary under § 1311(c) of the Affordable Care Act, implement procedures for the certification, recertification, and decertification of:

(i) health benefit plans as qualified health plans;

(ii) dental plans as qualified dental plans; and

(iii) vision plans as qualified vision plans;

(5) provide for the operation of a toll–free telephone hotline to respond to requests for assistance;

(6) provide for initial, annual, and special enrollment periods, in accordance with guidelines adopted by the Secretary under § 1311(c)(6) of the Affordable Care Act;

(7) maintain a website through which enrollees and prospective enrollees of qualified plans may obtain standardized comparative information on qualified health plans, qualified dental plans, and qualified vision plans;

(8) with respect to each qualified plan offered through the Exchange:

(i) assign a rating to each qualified plan in accordance with the criteria developed by the Secretary under § 1311(c)(3) of the Affordable Care Act and any additional criteria that may be applicable under the laws of the State and regulations adopted by the Exchange under this subtitle; and

(ii) determine each qualified health plan’s coverage level in accordance with regulations adopted by the Secretary under § 1302(d)(2)(A) of the Affordable Care Act and any additional regulations adopted by the Exchange under this subtitle;

(9) (i) present qualified plan options offered by the Exchange in a standardized format, including the use of the uniform outline of coverage established under § 2715 of the federal Public Health Service Act; and

(ii) to the extent necessary, modify the standardized format to accommodate differences in qualified health plan, qualified dental plan, and qualified vision plan options;

(10) in accordance with § 1413 of the Affordable Care Act, provide information and make determinations regarding eligibility for the following programs:

(i) the Maryland Medical Assistance Program under Title XIX of the Social Security Act;

(ii) the Maryland Children’s Health Program under Title XXI of the Social Security Act; and

(iii) any applicable State or local public health insurance program;

(11) facilitate the enrollment of any individual who the Exchange determines is eligible for a program described in item (10) of this subsection;

(12) establish and make available by electronic means a calculator to determine the actual cost of coverage of a qualified plan offered by the Exchange after application of any premium tax credit under § 36B of the Internal Revenue Code and any cost–sharing reduction under § 1402 of the Affordable Care Act;

(13) in accordance with this subtitle, establish a SHOP Exchange through which qualified employers may access coverage for their employees at specified coverage levels and meet standards for the federal qualified employer tax credit;

(14) implement a certification process for individuals exempt from the individual responsibility requirement and penalty under § 5000A of the Internal Revenue Code on the grounds that:

(i) no affordable qualified health plan that covers the individual is available through the Exchange or the individual’s employer; or

(ii) the individual meets other requirements under the Affordable Care Act that make the individual eligible for the exemption;

(15) implement a process for transfer to the United States Secretary of the Treasury the name and taxpayer identification number of each individual who:

(i) is certified as exempt from the individual responsibility requirement;

(ii) is employed but determined eligible for the premium tax credit on the grounds that:

1. the individual’s employer does not provide minimum essential coverage; or

2. the employer’s coverage is determined to be unaffordable for the individual or does not provide the requisite minimum actuarial value;

(iii) notifies the Exchange under § 1411(b)(4) of the Affordable Care Act that the individual has changed employers; or

(iv) ceases coverage under a qualified health plan during the plan year, together with the date coverage ceased;

(16) provide notice to employers of employees who cease coverage under a qualified health plan during a plan year, together with the date coverage ceased;

(17) conduct processes required by the Secretary and the United States Secretary of the Treasury to determine eligibility for premium tax credits, reduced cost–sharing, and individual responsibility requirement exemptions;

(18) establish a Navigator Program in accordance with § 1311(i) of the Affordable Care Act and this subtitle;

(19) carry out a plan to provide appropriate assistance for consumers seeking to purchase products through the Exchange, including the implementation of:

(i) a navigator program for the SHOP Exchange and a navigator program for the Individual Exchange; and

(ii) the toll–free hotline required under item (5) of this subsection;

(20) carry out a public relations and advertising campaign to promote the Exchange;

(21) conduct outreach and education activities to increase health literacy and to educate consumers about the Exchange and insurance affordability programs that:

(i) include minority populations;

(ii) do not include clinical or individual health information related to a specific health condition; and

(iii) increase participation in the Exchange; and

(22) perform administrative, technological, operational, and reporting functions for Maryland Medical Assistance programs, as requested by the Maryland Department of Health and approved by the Board, to the extent that the performance of the functions aid in the efficient operations of the Exchange and the Maryland Medical Assistance programs.

(c) (1) In carrying out the functions under subsections (a) and (b) of this section, the Exchange shall comply with § 508 of the federal Rehabilitation Act of 1973 and any regulations adopted under § 508 of the Act.

(2) The obligation for the Exchange to comply with § 508 of the federal Rehabilitation Act of 1973 does not affect any other requirements relating to accessibility for persons with disabilities to which the Exchange may be subject under the federal Americans with Disabilities Act of 1990.

(d) If an individual enrolls in another type of minimum essential coverage, neither the Exchange nor a carrier offering qualified health plans through the Exchange may charge the individual a fee or penalty for termination of coverage on the grounds that:

(1) the individual has become newly eligible for that coverage; or

(2) the individual’s employer–sponsored coverage has become affordable under the standards of § 36B(c)(2)(C) of the Internal Revenue Code.

(e) The Exchange, through the advisory committees established under § 31–106(g) of this subtitle or through other means, shall consult with and consider the recommendations of the stakeholders represented on the advisory committees in the exercise of its duties under this subtitle.

(f) The Exchange may not make available:

(1) any health benefit plan that is not a qualified health plan;

(2) any dental plan that is not a qualified dental plan; or

(3) any vision plan that is not a qualified vision plan.

(g) The Exchange shall provide the advance directive information sheet developed under § 5–615 of the Health – General Article:

(1) in the Exchange’s consumer publications;

(2) on the Exchange’s website; and

(3) at the request of an applicant.

(h) (1) The Exchange shall open a special or other enrollment period for an individual who consents to share information through the system implemented in accordance with § 8–109(b)(1) of the Labor and Employment Article.

(2) The enrollment period opened under paragraph (1) of this subsection shall:

(i) apply to qualified health plans offered through the Exchange in the individual market;

(ii) begin on the date the Exchange sends notice to the individual;

(iii) last for a period of time determined by the Exchange and that is at least 30 days; and

(iv) be available to an individual described in paragraph (1) of this subsection and to the individual’s dependent as defined in 45 C.F.R. § 155.420.

(3) The Exchange may conduct outreach to an individual described in paragraph (1) of this subsection using methods that include:

(i) written notices;

(ii) contact through telephonic and electronic means; and

(iii) the provision of individualized assistance by insurance agents and brokers, navigators, and Exchange contractors and staff.
Md. Code, Alcoholic Beverages and Cannabis § 31-1103 — MD Code / Article gab / Title 31 / Subtitle 11 / Section 31-1103
§31–1103.
Status: in_force

(a) There is a sidewalk cafe/patio permit.

(b) The Board may issue the permit to a holder of or an applicant for a Class B, Class B Restaurant, or Class D license.

(c) The permit authorizes the permit holder to sell and serve alcoholic beverages in an area approved by the Board.

(d) To maintain a sidewalk cafe/patio permit, the permit holder shall:

(1) comply with regulations applicable to the issuance of the underlying Class B, Class B Restaurant, or Class D license;

(2) observe all county and municipal ordinances including zoning, fire and health department regulations, and, if applicable, any landlord requirements regarding property usage and noise control; and

(3) keep the kitchen open during all hours of operation and have prepared meals available to be served in the sidewalk cafe/patio.

(e) (1) In accordance with this subsection, before granting a permit under this section, the Board must approve the outdoor area of the premises where alcoholic beverages will be provided.

(2) The applicant shall submit for the Board’s approval any plan of a proposed renovation or construction of a sidewalk cafe/patio, deck, or other outdoor area on the premises, including the area of the premises where alcoholic beverages will be stored and sold.

(3) (i) The entrances and exits of the outdoor area of the premises must include an emergency exit that opens outward that is approved by the fire marshal and the Board.

(ii) If the emergency exit required in subparagraph (i) of this paragraph consists of a latched gate or door, the gate or door must have a functioning panic bar.

(4) The Board shall approve the height, size, construction, and security of a fence or privacy shield surrounding the outdoor space of the premises on a case–by–case basis, based on the following factors:

(i) the architectural structure of the fence or privacy shield;

(ii) the neighborhood within which the premises is situated;

(iii) the aesthetic appearance of the fence or privacy shield; and

(iv) the security of the premises.

(5) With approval from the Board, the premises may include an outdoor serving bar if it also includes outdoor bar seating arrangements.

(6) (i) With approval from the Board, music, live entertainment, or the viewing of televised sporting events may be permitted in the outdoor area of the premises.

(ii) In determining whether to approve music, live entertainment, or the viewing of televised sporting events, the Board shall consider the demographic location of the premises with regard to noise violations or maintaining the peace and quiet of the neighborhood.

(f) A permit holder may sell or serve alcoholic beverages in the sidewalk cafe/patio every day of the week from noon to midnight.

(g) (1) Notwithstanding § 31–1903(a) of this title, a permit holder shall require at least one employee who has completed a certified alcohol awareness program to be on the licensed premises at all times when alcohol is being served.

(2) No alcohol may be served and all alcohol must be secured when there is no employee who has completed a certified alcohol awareness program on the licensed premises.

(h) The annual permit fee is $500.
Md. Code, Alcoholic Beverages and Cannabis § 31-1305 — MD Code / Article gab / Title 31 / Subtitle 13 / Section 31-1305
§31–1305.
Status: in_force

(a) In this section, “Festival” means the Washington County Wine Festival.

(b) There is a Washington County Wine Festival (WF) license.

(c) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license.

(d) The license authorizes the holder to display and sell wine that is distributed in the State.

(e) A license holder shall display and sell wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the Festival.

(f) The Board:

(1) each year may choose 2 weekends for the Festival;

(2) shall choose locations that are not already licensed; and

(3) shall ensure that the primary focus of the Festival is the promotion of Maryland wine.

(g) The license holder may hold another license of a different class or nature.

(h) The license fee is $20.

(i) The Board shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 31-1005 — MD Code / Article gab / Title 31 / Subtitle 10 / Section 31-1005
§31–1005.
Status: in_force

(a) In this section, “premises” includes the entire multi–use sports and events facility.

(b) There is a multi–use sports and events facility beer, wine, and liquor license.

(c) The Board may issue the license to the owner of a professional baseball team franchise that may be in any form of business organization, including partnership, corporation, and limited liability company that will operate as a multi–use sports and events facility.

(d) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption to individuals present at an event held in the multi–use sports and events facility.

(e) The license holder shall require all employees to:

(1) complete an alcohol awareness training program; and

(2) obtain a crowd control training certificate.

(f) The license holder may not allow an individual to carry alcoholic beverages onto or from the licensed premises.

(g) The annual license fee is $2,500.
Md. Code, State Personnel and Pensions § 31-2A-04 — MD Code / Article gsp / Title 31 / Subtitle 2A / Section 31-2A-04
§31–2A–04.
Status: in_force

If a law enforcement officer, firefighter, emergency medical technician, or paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the member is entitled to credit for employment with the participating governmental unit before the effective date.
Md. Code, Alcoholic Beverages and Cannabis § 31-501 — MD Code / Article gab / Title 31 / Subtitle 5 / Section 31-501
§31–501.
Status: in_force

(a) The following sections of Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–301 (“Licenses issued by Comptroller”);

(2) § 2–302 (“Class 1 beer, wine, and liquor wholesaler’s license”);

(3) § 2–303 (“Class 2 wine and liquor wholesaler’s license”);

(4) § 2–304 (“Class 3 beer and wine wholesaler’s license”);

(5) § 2–305 (“Class 4 beer wholesaler’s license”);

(6) § 2–306 (“Class 5 wine wholesaler’s license”);

(7) § 2–307 (“Class 6 limited wine wholesaler’s license”);

(8) § 2–308 (“Class 7 limited beer wholesaler’s license”);

(9) § 2–309 (“Sale and delivery of beer or wine from wholesaler’s vehicle”);

(10) § 2–310 (“Sale and delivery to retail license holder”);

(11) § 2–311 (“Additional wholesaler’s licenses”);

(12) § 2–312 (“Direct importation of alcoholic beverages”);

(13) § 2–313 (“Sale or delivery restricted to holder of license or permit”);

(14) § 2–315 (“Interaction between wholesaling entities and retailers”);

(15) § 2–316 (“Distribution of alcoholic beverages — Prohibited practices”); and

(16) § 2–317 (“Restrictive agreements between wholesalers and retailers — Prohibited”).

(b) Section 2–314 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article applies in the county, subject to § 31–504 of this subtitle.
Md. Code, State Personnel and Pensions § 31-302 — MD Code / Article gsp / Title 31 / Subtitle 3 / Section 31-302
§31–302.
Status: in_force

(a) Subject to subsection (b) of this section, the legislative body of a participating governmental unit may withdraw from participation in a State system and transfer to a local pension system or another State system any of the following groups of employees of the governmental unit who consent to the withdrawal, and who qualify for membership in the State system or local pension system:

(1) all employees of the participating governmental unit;

(2) fire fighters;

(3) law enforcement personnel;

(4) detention center officers; or

(5) subject to the approval of the Board of Trustees, a homogeneous unit of at least 10 employees.

(b) A participating governmental unit may withdraw from participation in a State system only if:

(1) the new State system or local pension system of the participating governmental unit requires member contributions at the same rate as the member contribution rate applicable to employees of the participating governmental unit in the State system from which the participating governmental unit is withdrawing; or

(2) the participating governmental unit:

(i) does not provide for the employer pickup of member contributions to the current State system of the participating governmental unit within the meaning of § 414(h)(2) of the Internal Revenue Code; and

(ii) certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation in the new State system or local pension system.
Md. Code, Alcoholic Beverages and Cannabis § 31-1001 — MD Code / Article gab / Title 31 / Subtitle 10 / Section 31-1001
§31–1001.
Status: in_force

(a) There is an amusement park beer license.

(b) The Board may issue the license to the operator of an amusement park, whether an individual, an association of individuals, or a corporation.

(c) The license authorizes the license holder to sell beer at one or more locations within the confines of the park.

(d) The license holder may sell beer from 8 a.m. to midnight on every day from May 1 to September 30 of each year, except Sundays and election days.

(e) Sections 4–203, 4–204, and 4–205 of this article do not apply to a license issued under this section.

(f) The annual license fee is $100.
Md. Code, State Personnel and Pensions § 31-115 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-115
§31–115.
Status: in_force

(a) A participating governmental unit may establish, by law, a separate additional program of interim or supplemental allowances for a class of employees.

(b) A participating governmental unit shall fund any additional program of allowances separately from the funding for benefits provided under this Division II.

(c) (1) On the written request of a participating governmental unit that desires to establish an additional program authorized under this section, the State Retirement Agency may provide benefit-determination data or other technical assistance.

(2) The State Retirement Agency shall charge the participating governmental unit for the expenses of preparing the data or providing the technical assistance.
Md. Code, Alcoholic Beverages and Cannabis § 31-1702 — MD Code / Article gab / Title 31 / Subtitle 17 / Section 31-1702
§31–1702.
Status: in_force

The Board may not allow the transfer of a license unless the Board is presented with an affidavit that certifies that all real and personal property taxes that are due to the county by the transferor are paid.
Md. Code, Insurance § 31-203 — MD Code / Article gin / Title 31 / Subtitle 2 / Section 31-203
§31–203.
Status: in_force

(a) The Exchange shall establish a Maryland Easy Enrollment Health Insurance Program Advisory Workgroup to provide ongoing advice regarding the implementation of the Program.

(b) The Advisory Workgroup shall include representation from:

(1) the Office of the Comptroller;

(2) consumer groups;

(3) employers;

(4) insurers;

(5) health care providers;

(6) navigators or other consumer assisters;

(7) insurance brokers or agents;

(8) labor organizations;

(9) income tax preparers;

(10) national policy experts; and

(11) any other organizations or groups selected by the Exchange.

(c) The Advisory Workgroup shall meet at least once every 6 months.

(d) This section may not be construed to prevent the Exchange from convening other formal or informal working or advisory groups to facilitate the implementation of the Program.
Md. Code, State Personnel and Pensions § 31-111.6 — MD Code / Article gsp / Title 31 / Subtitle 1 / Section 31-111.6
§31–111.
Status: in_force

§31–111.6.

(a) An individual who is an employee of the Town of University Park on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to 70% of the individual’s period of employment with the Town of University Park before the effective date as certified by the Town of University Park as of the effective date.

(b) If an employee or former employee of the Town of University Park becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the Town of University Park before the effective date.
Md. Code, Insurance § 31-125 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-125
§31–125.
Status: in_force

§31–125. ** CONTINGENCY – IN EFFECT – CHAPTER 468 OF 2025 **

(a) In this section, “Program” means the State–Based Health Insurance Subsidies Program.

(b) The Exchange, in consultation with the Commissioner and as approved by the Board, shall establish and implement a State–Based Health Insurance Subsidies Program to provide subsidies to individuals for the purchase of health benefit plans in the individual health insurance market.

(c) The Program required under this section shall be designed to:

(1) maintain affordability for individuals purchasing health benefit plans through the Exchange; and

(2) target individuals who experience an increase in the applicable percentages established under 26 U.S.C. § 36B(b)(3)(A)(iii) for premiums based on household income in calendar years 2026 and 2027, as compared to the applicable percentages in place for calendar year 2025.

(d) Subject to available funds, for calendar years 2026 and 2027, the Exchange, in consultation with the Commissioner and as approved by the Board, shall establish subsidy eligibility and payment parameters for the Program that:

(1) mitigate a reduction in advance premium tax credits because of changes in the applicable percentages described in subsection (c)(2) of this section;

(2) maximize enrollment in the individual market;

(3) take into consideration State funds needed to ensure the State Reinsurance Program continues to provide market stability through calendar year 2028; and

(4) take into consideration uncertainties in enrollment in the Maryland Medical Assistance Program, the individual market, and the small group market due to changes in State and federal regulation and funding.

(e) In fiscal years 2026 through 2028, the Exchange may designate funds from the Fund to be used for the Program.

(f) The Exchange shall adopt regulations to carry out this section.

(g) (1) The Exchange shall track on a monthly basis expenditures on subsidies provided under the Program, including:

(i) the average number of individuals receiving subsidies under the Program;

(ii) the average subsidy amount received by individuals under the Program; and

(iii) the impact the Program has on rates in the individual insurance market.

(2) The information tracked by the Exchange under paragraph (1) of this subsection shall be:

(i) posted on the website of the Exchange; and

(ii) included in the annual report required under § 31–119(d) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 31-2601 — MD Code / Article gab / Title 31 / Subtitle 26 / Section 31-2601
§31–2601.
Status: in_force

Title 6, Subtitle 2 (“Enforcement”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 31-106 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-106
§31–106.
Status: in_force

(a) Subject to any limitations under this subtitle or other applicable law, the Board shall have all powers necessary or convenient to carry out the functions authorized by the Affordable Care Act and consistent with the purposes of the Exchange.

(b) The enumeration of specific powers in this subtitle is not intended to restrict the Board’s power to take any lawful action that the Board determines is necessary or convenient to carry out the functions authorized by the Affordable Care Act and consistent with the purposes of the Exchange.

(c) (1) In addition to the powers set forth elsewhere in this subtitle, the Board may:

(i) adopt and alter an official seal;

(ii) sue, be sued, plead, and be impleaded;

(iii) adopt bylaws, rules, and policies;

(iv) subject to paragraph (2) of this subsection, adopt regulations to carry out this subtitle:

1. in accordance with Title 10, Subtitle 1 of the State Government Article; and

2. without conflicting with or preventing application of regulations adopted by the Secretary under Title 1, Subtitle D of the Affordable Care Act;

(v) maintain an office at the place designated by the Board;

(vi) enter into any agreements or contracts and execute the instruments necessary or convenient to manage its own affairs and carry out the purposes of this subtitle;

(vii) apply for and receive grants, contracts, or other public or private funding; and

(viii) do all things necessary or convenient to carry out the powers granted by this subtitle.

(2) Unless waived by the chairs of the committees, at least 30 days before submitting any proposed regulation to the Maryland Register for publication, the Board shall submit the proposed regulation to the Senate Finance Committee and the House Health and Government Operations Committee.

(d) (1) To carry out the purposes of this subtitle or perform any of its functions under this subtitle, the Board may contract or enter into memoranda of understanding with eligible entities, including:

(i) the Maryland Medical Assistance Program;

(ii) the family investment unit of the Department of Human Services;

(iii) insurance producers and third party administrators registered in the State; and

(iv) any other entities that have experience in individual and small group public and private health insurance plans or facilitating enrollment in those plans.

(2) The operations of the Exchange are subject to the provisions of this subtitle whether the operations are performed directly by the Exchange or through an entity under a contract with the Exchange.

(3) The Board shall ensure that any entity under a contract with the Exchange complies with the provisions of this subtitle when performing services that are subject to this subtitle on behalf of the Exchange.

(e) (1) The Board may enter into information–sharing agreements with federal and state agencies, and other state health insurance exchanges, to carry out the provisions of this subtitle.

(2) An information–sharing agreement entered into under paragraph (1) of this subsection shall:

(i) include adequate protections with respect to the confidentiality of information; and

(ii) comply with all State and federal laws and regulations.

(f) (1) The Board, in accordance with Title 12, Subtitle 4 of the State Finance and Procurement Article, shall adopt written policies and procedures governing all procurements of the Exchange.

(2) To the fullest extent practicable, and in a manner that does not impair the Exchange’s ability to carry out the purposes of this subtitle, the Board’s procurement policies and procedures shall establish an open and transparent process that:

(i) promotes public confidence in the procurements of the Exchange;

(ii) ensures fair and equitable treatment of all persons and entities that participate in the procurement system of the Exchange;

(iii) fosters appropriate competition and provides safeguards for maintaining a procurement system of quality and integrity;

(iv) promotes increased economic efficiency and responsibility on the part of the Exchange;

(v) achieves the maximum benefit from the purchasing power of the Exchange; and

(vi) provides clarity and simplicity in the rules and procedures governing the procurements of the Exchange.

(g) (1) To carry out the purposes of this subtitle, the Board shall:

(i) create and consult with ad hoc advisory committees; and

(ii) appoint to the ad hoc advisory committees representatives of:

1. insurers or health maintenance organizations offering health benefit plans in the State;

2. nonprofit health service plans offering health benefit plans in the State;

3. licensed health insurance producers and advisers;

4. third–party administrators;

5. health care providers, including:

A. hospitals;

B. long–term care facilities;

C. mental health providers;

D. developmental disability providers;

E. substance abuse treatment providers;

F. Federally Qualified Health Centers;

G. physicians;

H. nurses;

I. experts in services and care coordination for criminal and juvenile justice populations;

J. licensed hospice providers; and

K. other health care professionals;

6. managed care organizations;

7. employers, including large, small, and minority–owned employers;

8. public employee unions, including public employee union members who are caseworkers in local departments of social services with direct knowledge of information technology systems used for Medicaid eligibility determination;

9. consumers, including individuals who:

A. reside in lower–income and racial or ethnic minority communities;

B. have chronic diseases or disabilities; or

C. belong to other hard–to–reach or special populations;

10. individuals with knowledge and expertise in advocacy for consumers described in item 9 of this item;

11. public health researchers and other academic experts with knowledge and background relevant to the functions and goals of the Exchange, including knowledge of the health needs and health disparities among the State’s diverse communities; and

12. any other stakeholders identified by the Exchange as having knowledge or representing interests relevant to the functions and duties of the Exchange.

(2) In addition to the ad hoc advisory committees created under paragraph (1) of this subsection, the Board, on or before March 15, 2014, shall create a standing advisory committee that:

(i) consists of members who, to the extent practicable:

1. reflect the gender, racial, ethnic, and geographic diversity of the State;

2. constitute a diverse cross–section of stakeholders broadly representative of the individuals and entities described in paragraph (1)(ii) of this subsection; and

3. are appointed by the Board for a term of no more than 3 years in a manner that provides continuity and rotation;

(ii) has a liaison to the Board who is a member of the Board and is appointed by the chair of the Board; and

(iii) is charged with the responsibility of addressing the broad range of policy issues:

1. on which the Board may seek its input and advice; and

2. that may be proposed by the liaison to the Board, in consultation with the standing advisory committee chair and members.
Md. Code, Alcoholic Beverages and Cannabis § 31-1408 — MD Code / Article gab / Title 31 / Subtitle 14 / Section 31-1408
§31–1408.
Status: in_force

The Board shall adopt regulations to preserve the confidentiality of the information under and to carry out this subtitle.
Md. Code, Insurance § 31-123 — MD Code / Article gin / Title 31 / Subtitle 1 / Section 31-123
§31–123.
Status: in_force

(a) On or before July 1, 2025, the Exchange, in consultation with the Commissioner and as approved by the Board, shall submit a State Innovation Waiver application amendment under § 1332 of the Affordable Care Act to establish a Qualified Resident Enrollment Program and, if available, seek federal pass–through funding resulting from the implementation of a Qualified Resident Enrollment Program.

(b) On or before December 31, 2025, the Commissioner may waive any notification or other requirements that apply to a carrier under this article in calendar year 2025 due to the implementation of a waiver approved under § 1332 of the Affordable Care Act.
Md. Code, Alcoholic Beverages and Cannabis § 31-504 — MD Code / Article gab / Title 31 / Subtitle 5 / Section 31-504
§31–504.
Status: in_force

(a) This section and § 2–314 of this article do not apply to a:

(1) club that is the holder of a Class C beer, wine, and liquor license; or

(2) hotel that is the holder of a Class B beer, wine, and liquor license.

(b) For purposes of applying § 2–314 of this article:

(1) a cash deposit for a returnable container shall be required at the time of sale or delivery of beer;

(2) a check accepted for payment that is not postdated and is promptly deposited for collection is considered cash; and

(3) a check that is given in payment for beer to a holder of the license, and is returned uncollected, is prima facie evidence of a violation by the wholesaler of § 2–314 of this article.

(c) A suit or civil action to enforce or collect a claim for credit extended or enforce payment of a check given for payment in violation of this section may not be maintained in the State.

(d) A person who violates § 2–314 of this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.