Md. Code, Commercial Law § 15-204 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

Every conveyance made and every obligation incurred by a person who is or will be rendered insolvent by it is fraudulent as to creditors without regard to his actual intent, if the conveyance is made or the obligation is incurred without a fair consideration.
Md. Code, Commercial Law § 15-212 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-212
§15–212.
Status: in_force

This subtitle shall be interpreted and construed to effectuate its general purpose to make uniform the law of the states which enact it.
Md. Code, Business Regulation § 15-209 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) An innkeeper shall establish and maintain a computerized record–keeping system of all guest transactions and receipts.

(b) A record maintained in accordance with this section shall be retained by the innkeeper for not less than 6 months after the date of the creation of the record.
Md. Code, Insurance § 15-854 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-854
§15–854.
Status: in_force

(a) (1) This section applies to:

(i) insurers and nonprofit health service plans that provide coverage for prescription drugs through a pharmacy benefit under individual, group, or blanket health insurance policies or contracts that are issued or delivered in the State; and

(ii) health maintenance organizations that provide coverage for prescription drugs through a pharmacy benefit under individual or group contracts that are issued or delivered in the State.

(2) An insurer, a nonprofit health service plan, or a health maintenance organization that provides coverage for prescription drugs through a pharmacy benefits manager or that contracts with a private review agent under Subtitle 10B of this title is subject to the requirements of this section.

(3) This section does not apply to a managed care organization as defined in § 15–101 of the Health – General Article.

(b) (1) (i) If an entity subject to this section requires a prior authorization for a prescription drug, the prior authorization request shall allow a health care provider to indicate whether a prescription drug is to be used to treat a chronic condition.

(ii) If a health care provider indicates that the prescription drug is to treat a chronic condition, an entity subject to this section may not request a reauthorization for a repeat prescription for the prescription drug for 1 year or for the standard course of treatment for the chronic condition being treated, whichever is less.

(2) For a prior authorization that is filed electronically, the entity shall maintain a database that will prepopulate prior authorization requests with an insured’s available insurance and demographic information.

(c) (1) On receipt of information documenting a prior authorization from the insured or from the insured’s health care provider, an entity subject to this section shall honor a prior authorization granted to an insured from a previous entity for at least the lesser of 90 days or the length of the course of treatment.

(2) During the time period described in paragraph (1) of this subsection, an entity may perform its own review to grant a prior authorization for the prescription drug.

(d) (1) An entity subject to this section shall honor a prior authorization issued by the entity for a prescription drug and may not require a health care provider to submit a request for another prior authorization for the prescription drug:

(i) if the insured changes health benefit plans that are both covered by the same entity and the prescription drug is a covered benefit under the current health benefit plan; or

(ii) except as provided in paragraph (2) of this subsection, when the dosage for the approved prescription drug changes and the change is consistent with federal Food and Drug Administration labeled dosages.

(2) Except as provided in § 15–851 of this subtitle, an entity may require a prior authorization for a change in dosage for an opioid under this subsection.

(e) (1) If an entity under this section implements a new prior authorization requirement for a prescription drug, the entity shall provide notice of the new requirement at least 60 days before the implementation of a new prior authorization requirement:

(i) in writing to any insured who is prescribed the prescription drug; and

(ii) either in writing or electronically to all contracted health care providers.

(2) The notice required under paragraph (1) of this subsection shall indicate that the insured may remain on the prescription drug at the time of reauthorization in accordance with subsection (g) of this section.

(f) (1) Except as provided in paragraph (2) of this subsection, an entity subject to this section may not require more than one prior authorization if two or more tablets of different dosage strengths of the same prescription drug are:

(i) prescribed at the same time as part of an insured’s treatment plan; and

(ii) manufactured by the same manufacturer.

(2) This subsection does not prohibit an entity from requiring more than one prior authorization if the prescription is for two or more tablets of different dosage strengths of an opioid that is not an opioid partial agonist.

(g) (1) An entity subject to this section may not issue an adverse decision on a reauthorization for the same prescription drug or request additional documentation from the prescriber for the reauthorization request if:

(i) the prescription drug is:

1. an immune globulin (human) as defined in 21 C.F.R. § 640.100; or

2. used for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

(ii) the entity previously approved a prior authorization for the prescription drug for the insured;

(iii) the insured has been treated with the prescription drug without interruption since the initial approval of the prior authorization; and

(iv) the prescriber attests that, based on the prescriber’s professional judgment, the prescription drug continues to be necessary to effectively treat the insured’s condition.

(2) If the prescription drug that is being requested has been removed from the formulary or has been moved to a higher deductible, copayment, or coinsurance tier, the entity shall provide the insured and insured’s health care provider the information required under § 15–831 of this subtitle.
Md. Code, Education § 15-120 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-120
§15–120.
Status: in_force

(a) A public institution of higher education shall allow an individual with an unpaid balance of $250 or less on a student account to register for courses at the institution if the individual settles the balance on the student account by the end of the late registration period for the next semester.

(b) (1) A public institution of higher education shall allow an individual with an unpaid balance of more than $250 on a student account to register for courses at the institution if the individual enters into an installment payment plan before the end of the late registration period for the current semester.

(2) The installment payment plan under paragraph (1) of this subsection shall require the individual to make payments to settle the unpaid balance on the student account by the agreed on date.
Md. Code, Estates and Trusts § 15-403 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) (1) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established.

(2) Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor–restricted assets until appropriated for expenditure by the institution.

(3) In making a determination to appropriate for expenditure or accumulate under paragraph (1) of this subsection, the institution shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision, and shall consider, if relevant, the following factors:

(i) The duration and preservation of the endowment fund;

(ii) The purposes of the institution and the endowment fund;

(iii) General economic conditions;

(iv) The possible effect of inflation or deflation;

(v) The expected total return from income and the appreciation of investments;

(vi) Other resources of the institution; and

(vii) The investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument must specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income”, “interest”, “dividends”, or “rents, issues, or profits”, or “to preserve the principal intact”, or words of similar import:

(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.

(d) (1) In this subsection, fair market value shall be calculated:

(i) If an endowment fund has existed at least 3 years, on the basis of the market value determined at least quarterly and averaged over a period of not less than 3 years immediately preceding the year in which the appropriation for expenditure is made; or

(ii) If an endowment fund has existed for fewer than 3 years, for the period the endowment fund has existed.

(2) The appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund creates a rebuttable presumption of imprudence.

(3) The institution shall notify the Attorney General of the appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund.

(4) This subsection does not:

(i) Apply to an appropriation for expenditure permitted under law other than this subtitle or by the gift instrument; or

(ii) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7 percent of the fair market value of the endowment fund.
Md. Code, Insurance § 15-112 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

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

(2) “Accredited hospital” has the meaning stated in § 19–301 of the Health – General Article.

(3) “Ambulatory surgical facility” has the meaning stated in § 19–3B–01 of the Health – General Article.

(4) “Behavioral health care services” has the meaning stated in § 15–127 of this subtitle.

(5) (i) “Carrier” means:

1. an insurer;

2. a nonprofit health service plan;

3. a health maintenance organization;

4. a dental plan organization; or

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

(ii) “Carrier” includes an entity that arranges a provider panel for a carrier.

(6) “Credentialing intermediary” means a person to whom a carrier has delegated credentialing or recredentialing authority and responsibility.

(7) “Enrollee” means a person entitled to health care benefits from a carrier.

(8) “Group model health maintenance organization” has the meaning stated in § 19–713.6(a) of the Health – General Article.

(9) “Health benefit plan”:

(i) for a group or blanket plan in the large group market, has the meaning stated in § 15–1401 of this title;

(ii) for a group in the small group market, has the meaning stated in § 31–101 of this article; and

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

(10) (i) “Health care facility” means a health care setting or institution providing physical, mental, or substance use disorder health care services.

(ii) “Health care facility” includes:

1. a hospital;

2. an ambulatory surgical or treatment center;

3. a skilled nursing facility;

4. a residential treatment center;

5. an urgent care center;

6. a diagnostic, laboratory, or imaging center;

7. a rehabilitation facility; and

8. any other therapeutic health care setting.

(11) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(12) “Network” means a carrier’s participating providers and the health care facilities with which a carrier contracts to provide health care services to the carrier’s enrollees under the carrier’s health benefit plan.

(13) “Online credentialing system” means the system through which a provider may access an online provider credentialing application that the Commissioner has designated as the uniform credentialing form under § 15–112.1(e) of this subtitle.

(14) “Participating provider” means a provider on a carrier’s provider panel.

(15) “Provider” means a health care practitioner or group of health care practitioners licensed, certified, or otherwise authorized by law to provide health care services.

(16) “Provider directory” means a list of a carrier’s participating providers and participating health care facilities.

(17) (i) “Provider panel” means the providers that contract either directly or through a subcontracting entity with a carrier to provide health care services to the carrier’s enrollees under the carrier’s health benefit plan.

(ii) “Provider panel” does not include an arrangement in which any provider may participate solely by contracting with the carrier to provide health care services at a discounted fee–for–service rate.

(b) (1) Subject to paragraph (3) of this subsection, a carrier that uses a provider panel shall:

(i) if the carrier is an insurer, nonprofit health service plan, health maintenance organization, or dental plan organization, maintain standards in accordance with regulations adopted by the Commissioner for availability of health care providers to meet the health care needs of enrollees; and

(ii) establish procedures to:

1. review applications for participation on the carrier’s provider panel in accordance with this section;

2. notify an enrollee of:

A. the termination from the carrier’s provider panel of the primary care provider that was furnishing health care services to the enrollee; and

B. the right of the enrollee, on request, to continue to receive health care services from the enrollee’s primary care provider for up to 90 days after the date of the notice of termination of the enrollee’s primary care provider from the carrier’s provider panel, if the termination was for reasons unrelated to fraud, patient abuse, incompetency, or loss of licensure status;

3. notify primary care providers on the carrier’s provider panel of the termination of a specialty referral services provider;

4. verify with each provider on the carrier’s provider panel, at the time of credentialing and recredentialing, whether the provider is accepting new patients and update the information on participating providers that the carrier is required to provide under subsection (n) of this section; and

5. notify a provider at least 90 days before the date of the termination of the provider from the carrier’s provider panel, if the termination is for reasons unrelated to fraud, patient abuse, incompetency, or loss of licensure status.

(2) The provisions of paragraph (1)(ii)4 of this subsection may not be construed to require a carrier to allow a provider to refuse to accept new patients covered by the carrier.

(3) For a carrier that is an insurer, a nonprofit health service plan, or a health maintenance organization, the standards required under paragraph (1)(i) of this subsection shall:

(i) ensure that all enrollees, including adults and children, have access to providers and covered services without unreasonable travel or delay;

(ii) 1. include standards that ensure access to providers, including essential community providers, that serve predominantly low–income and medically underserved individuals; or

2. for a carrier that provides a majority of covered professional services through physicians employed by a single contracted medical group and through health care providers employed by the carrier, include alternative standards for addressing the needs of low–income, medically underserved individuals; and

(iii) except for a carrier that is a group model health maintenance organization, ensure that all enrollees have access to local health departments and covered services provided through local health departments, including behavioral health care services, to the extent that local health departments are willing to participate on a carrier’s provider panel.

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

(i) is an insurer, a nonprofit health service plan, or a health maintenance organization; and

(ii) uses a provider panel for a health benefit plan offered by the carrier.

(2) (i) On or before July 1, 2018, and annually thereafter, a carrier shall file with the Commissioner for review by the Commissioner an access plan that meets the requirements of subsection (b) of this section and any regulations adopted by the Commissioner under subsections (b) and (d) of this section.

(ii) If the carrier makes a material change to the access plan, the carrier shall:

1. notify the Commissioner of the change within 15 business days after the change occurs; and

2. include in the notice required under item 1 of this subparagraph a reasonable timeframe within which the carrier will file with the Commissioner an update to the existing access plan for review by the Commissioner.

(iii) The Commissioner may order corrective action if, after review, the access plan is determined not to meet the requirements of this subsection.

(3) (i) In accordance with § 4–335 of the General Provisions Article, the Commissioner shall deny inspection of the parts of the access plan filed under this subsection that contain confidential commercial information or confidential financial information.

(ii) The regulations adopted by the Commissioner under subsection (d) of this section shall identify the parts of the access plan that may be considered confidential by the carrier.

(4) An access plan filed under this subsection shall include a description of:

(i) the carrier’s network, including how telemedicine, telehealth, or other technology may be used to meet network access standards required under subsection (b) of this section;

(ii) the carrier’s process for monitoring and ensuring, on an ongoing basis, the sufficiency of the network to meet the health care needs of enrollees;

(iii) the factors used by the carrier to build its provider network, including the criteria used to select providers for participation in the network and, if applicable, place providers in network tiers;

(iv) the carrier’s efforts to address the needs of both adult and child enrollees, including adults and children with:

1. limited English proficiency or illiteracy;

2. diverse cultural or ethnic backgrounds;

3. physical or mental disabilities; and

4. serious, chronic, or complex health conditions;

(v) 1. the carrier’s efforts to include providers, including essential community providers, in its network who serve predominantly low–income, medically underserved individuals; or

2. for a carrier that provides a majority of covered professional services through physicians employed by a single contracted medical group and through health care providers employed by the carrier, the carrier’s efforts to address the needs of low–income, medically underserved individuals;

(vi) except for an access plan filed by a group model health maintenance organization, the carrier’s efforts to include local health departments in its network; and

(vii) the carrier’s methods for assessing the health care needs of enrollees and enrollee satisfaction with health care services provided to them.

(5) Each carrier shall monitor, on an ongoing basis, the clinical capacity of its participating providers to provide covered services to its enrollees.

(d) (1) On or before December 31, 2017, the Commissioner shall, in consultation with interested stakeholders, adopt regulations to establish quantitative and, if appropriate, nonquantitative criteria to evaluate the network sufficiency of health benefit plans subject to the requirements of subsection (c) of this section.

(2) In adopting the regulations, the Commissioner may take into consideration:

(i) geographic accessibility of primary care and specialty providers, including mental health and substance use disorder providers;

(ii) waiting times for an appointment with participating primary care and specialty providers, including mental health and substance use disorder providers;

(iii) primary care provider–to–enrollee ratios;

(iv) provider–to–enrollee ratios, by specialty;

(v) geographic variation and population dispersion;

(vi) hours of operation;

(vii) the ability of the network to meet the needs of enrollees, which may include:

1. low–income individuals;

2. adults and children with:

A. serious, chronic, or complex health conditions; or

B. physical or mental disabilities; and

3. individuals with limited English proficiency or illiteracy;

(viii) other health care service delivery system options, including telemedicine, telehealth, mobile clinics, and centers of excellence;

(ix) the volume of technological and specialty care services available to serve the needs of enrollees requiring technologically advanced or specialty care services;

(x) any standards adopted by the federal Centers for Medicare and Medicaid Services or used by the Federally Facilitated Marketplace; and

(xi) any standards adopted by another state.

(e) (1) On or before December 31, 2017, for a carrier that is a dental plan organization or an insurer or nonprofit health service plan that provides coverage for dental services, the Commissioner, in consultation with appropriate stakeholders, shall adopt regulations to specify the standards under subsection (b)(1)(i) of this section for dental services.

(2) The regulations shall:

(i) ensure that all enrollees, including adults and children, have access to providers and covered services without unreasonable delay and travel;

(ii) ensure access to providers, including essential community providers, that serve predominantly low–income, medically underserved individuals; and

(iii) require the carrier to specify how the carrier will monitor, on an ongoing basis, the ability of its participating providers to provide covered services to its enrollees.

(3) In establishing the standards for dental services, the Commissioner may consider the appropriateness of quantitative and nonquantitative criteria.

(f) A carrier that uses a provider panel:

(1) on request, shall provide an application and information that relates to consideration for participation on the carrier’s provider panel to any provider seeking to apply for participation;

(2) shall make publicly available its application; and

(3) shall make efforts to increase the opportunity for a broad range of minority providers to participate on the carrier’s provider panel.

(g) (1) A provider that seeks to participate on a provider panel of a carrier shall submit an application to the carrier.

(2) (i) Subject to subparagraph (ii) of this paragraph and paragraph (3) of this subsection, the carrier, after reviewing the application, shall accept or reject the provider for participation on the carrier’s provider panel.

(ii) A carrier may not reject a provider who provides community–based health services for a program accredited under COMAR 10.63.02 for participation on the carrier’s provider panel because the provider practices within the scope of the provider’s license and is:

1. a licensed master social worker, as defined in § 19–101 of the Health Occupations Article;

2. a licensed graduate alcohol and drug counselor, a licensed graduate marriage and family therapist, a licensed graduate professional art therapist, or a licensed graduate professional counselor, as those terms are defined in § 17–101 of the Health Occupations Article; or

3. a registered psychology associate, as defined in § 18–101 of the Health Occupations Article.

(iii) If the carrier rejects the provider for participation on the carrier’s provider panel, the carrier shall send to the provider at the address listed in the application written notice of the rejection.

(3) (i) Subject to paragraph (4) of this subsection, within 30 days after the date a carrier receives a completed application, the carrier shall send to the provider at the address listed in the application written notice of:

1. the carrier’s intent to continue to process the provider’s application to obtain necessary credentialing information; or

2. the carrier’s rejection of the provider for participation on the carrier’s provider panel.

(ii) The failure of a carrier to provide the notice required under subparagraph (i) of this paragraph is a violation of this article and the carrier is subject to the penalties provided by § 4–113(d) of this article.

(iii) Except as provided in subsection (v) of this section and subparagraph (iv) of this paragraph, if, under subparagraph (i)1 of this paragraph, a carrier provides notice to the provider of its intent to continue to process the provider’s application to obtain necessary credentialing information, the carrier, within 120 days after the date the notice is provided, shall:

1. accept or reject the provider for participation on the carrier’s provider panel; and

2. send written notice of the acceptance or rejection to the provider at the address listed in the application.

(iv) For a provider described in paragraph (2)(ii) of this subsection, if, under subparagraph (i)1 of this paragraph, a carrier provides notice to the provider of its intent to continue to process the provider’s application to obtain necessary credentialing information, within 60 days after the date a carrier receives a completed application, the carrier shall:

1. accept or reject the provider for participation on the carrier’s provider panel; and

2. send written notice of the acceptance or rejection to the provider at the address listed in the application.

(v) The failure of a carrier to provide the notice required under subparagraph (iii)2 or (iv) of this paragraph is a violation of this article and the carrier is subject to the provisions of and penalties provided by §§ 4–113 and 4–114 of this article.

(4) (i) 1. Except as provided in subsubparagraph 4 of this subparagraph, a carrier that receives a complete application shall notify the provider that the application is complete.

2. If a carrier does not accept applications through the online credentialing system, notice shall be given to the provider at the address listed in the application within 10 days after the date the application is received.

3. If a carrier accepts applications through the online credentialing system, the notice from the online credentialing system to the provider that the carrier has received the provider’s application shall be considered notice that the application is complete.

4. This subparagraph does not apply to a carrier that arranges a dental provider panel until the Commissioner certifies that the online credentialing system is capable of accepting the uniform credentialing form designated by the Commissioner for dental provider panels.

(ii) 1. A carrier that receives an incomplete application shall return the application to the provider at the address listed in the application within 10 days after the date the application is received.

2. The carrier shall indicate to the provider what information is needed to make the application complete.

3. The provider may return the completed application to the carrier.

4. After the carrier receives the completed application, the carrier is subject to the time periods established in paragraph (3) of this subsection.

(5) A carrier may charge a reasonable fee for an application submitted to the carrier under this section.

(h) A carrier may not deny an application for participation or terminate participation on its provider panel on the basis of:

(1) sex, sexual orientation, gender identity, race, age, religion, national origin, or a protected category under the federal Americans with Disabilities Act;

(2) the type or number of appeals that the provider files under Subtitle 10B of this title;

(3) the number of grievances or complaints that the provider files on behalf of a patient under Subtitle 10A of this title; or

(4) the type or number of complaints or grievances that the provider files or requests for review under the carrier’s internal review system established under subsection (l) of this section.

(i) (1) A carrier may not deny an application for participation or terminate participation on its provider panel solely on the basis of the license, certification, or other authorization of the provider to provide health care services if the carrier provides health care services within the provider’s lawful scope of practice.

(2) Notwithstanding paragraph (1) of this subsection, a carrier may reject an application for participation or terminate participation on its provider panel based on the participation on the provider panel of a sufficient number of similarly qualified providers.

(3) A violation of this subsection does not create a new cause of action.

(j) (1) Subject to the provisions of this subsection, a carrier may not require a provider participating on its provider panel to be recredentialed based on:

(i) a change in the federal tax identification number of the provider;

(ii) a change in the federal tax identification number of a provider’s employer; or

(iii) a change in the employer of a provider, if the new employer is:

1. a participating provider on the carrier’s provider panel; or

2. the employer of providers that participate on the carrier’s provider panel.

(2) A provider that participates on a carrier’s provider panel or the provider’s employer shall give written notice to the carrier of a change in the federal tax identification number of the provider or the provider’s employer not less than 45 days before the effective date of the change.

(3) The notice required under paragraph (2) of this subsection shall include:

(i) a statement of the intention of the provider or the provider’s employer to continue to provide health care services in the same field of specialization, if applicable;

(ii) the effective date of the change in the federal tax identification number of the provider or the provider’s employer;

(iii) the new federal tax identification number of the provider or the provider’s employer and a copy of U.S. Treasury Form W–9, or any successor or replacement form; and

(iv) the following information about a new employer of the provider:

1. the employer’s name;

2. the name of the employer’s contact person for carrier questions about the provider; and

3. the address, telephone number, facsimile transmission number, and electronic mail address of the contact person for the employer.

(4) If the new federal tax identification number or the form required to be included in the notice under paragraph (3)(iii) of this subsection is not available at the time the notice is given to a carrier, it shall be provided to the carrier promptly after it is received by the provider or the provider’s employer.

(5) Within 30 business days after receipt of the notice required under paragraph (2) of this subsection, a carrier:

(i) shall acknowledge receipt of the notice to the provider or the provider’s employer; and

(ii) if the carrier considers it necessary to issue a new provider number as a result of a change in the federal tax identification number of a provider or a provider’s employer or a change in the employer of a provider, shall issue a new provider number, by mail, electronic mail, or facsimile transmission, to:

1. the provider or the provider’s employer; or

2. the representative of the provider or the provider’s employer designated in writing to the carrier.

(6) A carrier may not terminate its existing contract with a provider or a provider’s employer based solely on a notice given to the carrier in accordance with this subsection.

(k) A carrier may not terminate participation on its provider panel or otherwise penalize a provider for:

(1) advocating the interests of a patient through the carrier’s internal review system established under subsection (l) of this section;

(2) filing an appeal under Subtitle 10B of this title; or

(3) filing a grievance or complaint on behalf of a patient under Subtitle 10A of this title.

(l) Each carrier shall establish an internal review system to resolve grievances initiated by providers that participate on the carrier’s provider panel, including grievances involving the termination of a provider from participation on the carrier’s provider panel.

(m) (1) For at least 90 days after the date of the notice of termination of a primary care provider from a carrier’s provider panel for reasons unrelated to fraud, patient abuse, incompetency, or loss of licensure status, the primary care provider shall furnish health care services to each enrollee:

(i) who was receiving health care services from the primary care provider before the notice of termination; and

(ii) who, after receiving notice under subsection (b) of this section of the termination of the primary care provider, requests to continue receiving health care services from the primary care provider.

(2) A carrier shall reimburse a primary care provider that furnishes health care services under this subsection in accordance with the primary care provider’s agreement with the carrier.

(n) (1) A carrier shall make the carrier’s provider directory available to prospective enrollees on the Internet and, on request of a prospective enrollee, in printed form.

(2) The carrier’s provider directory on the Internet shall be available:

(i) through a clear link or tab; and

(ii) in a searchable format.

(3) The provider directory shall include:

(i) for each provider on the carrier’s provider panel:

1. the name of the provider;

2. the specialty areas of the provider;

3. whether the provider currently is accepting new patients;

4. for each office of the provider where the provider participates on the provider panel:

A. its location, including its address; and

B. contact information for the provider;

5. the gender of the provider, if the provider notifies the carrier or the multi–carrier common online provider directory information system designated under § 15–112.3 of this subtitle of the information; and

6. any languages spoken by the provider other than English, if the provider notifies the carrier or the multi–carrier common online provider directory information system designated under § 15–112.3 of this subtitle of the information;

(ii) for each health care facility in the carrier’s network:

1. the health care facility’s name;

2. the health care facility’s address;

3. the types of services provided by the health care facility; and

4. contact information for the health care facility; and

(iii) a statement that advises enrollees and prospective enrollees to contact a provider or a health care facility before seeking treatment or services, to confirm the provider’s or health care facility’s participation in the carrier’s network and the enrollee’s health benefit plan.

(o) (1) A carrier shall have a customer service telephone number, e–mail address link, or other electronic means by which enrollees and prospective enrollees may notify the carrier of inaccurate information in the carrier’s network directory.

(2) If notified of a potential inaccuracy in a network directory by a person other than the provider, a carrier shall investigate the reported inaccuracy and take corrective action, if necessary, to update the network directory within 45 working days after receiving the notification.

(p) (1) A carrier shall notify each enrollee at the time of initial enrollment and renewal about how to access or obtain the information required under subsection (n) of this section.

(2) (i) 1. Information provided in printed form under subsection (n) of this section shall be accurate on the date of publication.

2. A carrier shall update the information provided in printed form at least once a year.

(ii) 1. Information provided on the Internet under subsection (n) of this section shall be accurate on the date of initial posting and any update.

2. In addition to the requirement to update its provider information under subsection (t)(1) of this section, a carrier shall update the information provided on the Internet at least once every 15 days.

(3) A carrier shall:

(i) 1. periodically review at least a reasonable sample size of its provider directory for accuracy; and

2. retain documentation of the review and make the review available to the Commissioner on request; or

(ii) contact providers listed in the carrier’s provider directory who have not submitted a claim in the last 6 months to determine if the providers intend to remain in the carrier’s provider network.

(4) A carrier shall demonstrate the accuracy of the information provided under paragraph (3) of this subsection on request of the Commissioner.

(5) A carrier shall include in a provider directory that is in printed form a statement notifying a reader that:

(i) the information contained in the provider directory is accurate as of the date of publication; and

(ii) to obtain the most current information, the individual should consult the provider directory on the Internet or contact the carrier directly.

(6) Before imposing a penalty against a carrier for inaccurate network directory information, the Commissioner shall take into account, in addition to any other factors required by law, whether:

(i) the carrier afforded a provider or other person identified in § 15–112.3(c) of this subtitle an opportunity to review and update the provider’s network directory information:

1. through the multi–carrier common online provider directory information system designated under § 15–112.3 of this subtitle; or

2. directly with the carrier;

(ii) the carrier can demonstrate the efforts made, in writing, electronically, or by telephone, to obtain updated network directory information from a provider or other person identified in § 15–112.3(c) of this subtitle;

(iii) the carrier has contacted a provider listed in the carrier’s network directory who has not submitted a claim in the last 6 months to determine if the provider intends to remain on the carrier’s provider panel;

(iv) the carrier includes in its network directory the last date that a provider updated the provider’s information;

(v) the carrier has implemented any other process or procedure to:

1. encourage providers to update their network directory information; or

2. increase the accuracy of its network directory; and

(vi) a provider or other person identified in § 15–112.3(c) of this subtitle has not updated the provider’s network directory information, despite opportunities to do so.

(q) A policy, certificate, or other evidence of coverage shall:

(1) indicate clearly the office in the Administration that is responsible for receiving and responding to complaints from enrollees about carriers; and

(2) include the telephone number of the office and the procedure for filing a complaint.

(r) The Commissioner:

(1) shall adopt regulations that relate to the procedures that carriers must use to process applications for participation on a provider panel; and

(2) in consultation with the Secretary of Health, shall adopt strategies to assist carriers in maximizing the opportunity for a broad range of minority providers to participate in the delivery of health care services.

(s) A carrier may not include in a contract with a provider, ambulatory surgical facility, or hospital a term or condition that:

(1) prohibits the provider, ambulatory surgical facility, or hospital from offering to provide services to the enrollees of another carrier at a lower rate of reimbursement;

(2) requires the provider, ambulatory surgical facility, or hospital to provide the carrier with the same reimbursement arrangement that the provider, ambulatory surgical facility, or hospital has with another carrier if the reimbursement arrangement with the other carrier is for a lower rate of reimbursement; or

(3) requires the provider, ambulatory surgical facility, or hospital to certify to the carrier that the reimbursement rate being paid by the carrier to the provider, ambulatory surgical facility, or hospital is not higher than the reimbursement rate being received by the provider, ambulatory surgical facility, or hospital from another carrier.

(t) (1) (i) Subject to subparagraph (ii) of this paragraph, a carrier shall update the information that must be made available on the Internet under subsection (n) of this section within 2 working days after receipt of electronic notification or notification by first–class mail tracking method from the participating provider of a change in the applicable information.

(ii) A dental carrier shall update the information required by this subsection within 15 working days after receipt of the notification described in subparagraph (i) of this paragraph.

(2) Notification is presumed to have been received by a carrier:

(i) 3 working days after the date the participating provider placed the notification in the U.S. mail, if the participating provider maintains the stamped certificate of mailing for the notice; or

(ii) on the date recorded by the courier, if the notification was delivered by courier.

(u) (1) A carrier may not require a provider that provides health care services through a group practice or health care facility that participates on the carrier’s provider panel under a contract with the carrier to be considered a participating provider or accept the reimbursement fee schedule applicable under the contract when:

(i) providing health care services to enrollees of the carrier through an individual or group practice or health care facility that does not have a contract with the carrier; and

(ii) billing for health care services provided to enrollees of the carrier using a different federal tax identification number than that used by the group practice or health care facility under a contract with the carrier.

(2) A nonparticipating provider shall notify an enrollee:

(i) that the provider does not participate on the provider panel of the enrollee’s carrier; and

(ii) of the anticipated total charges for the health care services.

(v) The provisions of subsection (g)(3)(iii) of this section do not apply to a carrier that uses a credentialing intermediary that:

(1) is a hospital or academic medical center;

(2) is a participating provider on the carrier’s provider panel; and

(3) acts as a credentialing intermediary for that carrier for health care practitioners that:

(i) participate on the carrier’s provider panel; and

(ii) have privileges at the hospital or academic medical center.

(w) (1) Notwithstanding subsection (u)(1) of this section, a carrier shall reimburse a group practice on the carrier’s provider panel at the participating provider rate for covered services provided by a provider who is not a participating provider if:

(i) the provider is employed by or a member of the group practice;

(ii) the provider has applied for acceptance on the carrier’s provider panel and the carrier has notified the provider of the carrier’s intent to continue to process the provider’s application to obtain necessary credentialing information;

(iii) the provider has a valid license issued by a health occupations board to practice in the State; and

(iv) the provider:

1. is currently credentialed by an accredited hospital in the State; or

2. has professional liability insurance.

(2) A carrier shall reimburse a group practice on the carrier’s provider panel in accordance with paragraph (1) of this subsection from the date the notice required under subsection (g)(3)(i)1 of this section is sent to the provider until the date the notice required under subsection (g)(3)(iii)2 of this section is sent to the provider.

(3) A carrier that sends written notice of rejection of a provider for credentialing under subsection (g)(3)(iii)2 of this section shall reimburse the provider as a nonparticipating provider for covered services provided on or after the date the notice is sent.

(4) A health maintenance organization may not deny payment to a provider under this subsection solely because the provider was not a participating provider at the time the services were provided to an enrollee.

(5) A provider who is not a participating provider of a carrier and whose group practice is eligible for reimbursement under paragraph (1) of this subsection may not hold an enrollee of the carrier liable for the cost of any covered services provided to the enrollee during the time period described in paragraph (2) of this subsection, except for any deductible, copayment, or coinsurance amount owed by the enrollee to the group practice or provider under the terms of the enrollee’s contract or certificate.

(6) A group practice shall disclose in writing to an enrollee at the time services are provided that:

(i) the treating provider is not a participating provider;

(ii) the treating provider has applied to become a participating provider;

(iii) the carrier has not completed its assessment of the qualifications of the treating provider to provide services as a participating provider; and

(iv) any covered services received must be reimbursed by the carrier at the participating provider rate.

(x) A carrier may not impose a limit on the number of behavioral health providers at a health care facility that may be credentialed to participate on a provider panel.
Md. Code, Alcoholic Beverages and Cannabis § 15-2602 — MD Code / Article gab / Title 15 / Subtitle 26 / Section 15-2602
§15–2602.
Status: in_force

The county may:

(1) adopt an ordinance or resolution supplementing the prohibition against disorderly intoxication under § 6–319 of this article; and

(2) regulate possession or consumption of alcoholic beverages on public property, property used by the public, or a highway.
Md. Code, Insurance § 15-1213 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1213
§15–1213.
Status: in_force

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

(b) Each benefit offered in addition to the Standard Plan that increases access to care choices or lowers the cost–sharing arrangement in the Standard Plan is subject to all of the provisions of this subtitle applicable to the Standard Plan, including:

(1) guaranteed issuance;

(2) guaranteed renewal; and

(3) adjusted community rating.

(c) (1) Each benefit offered in addition to the Standard Plan that increases the type of services available or the frequency of services is not subject to guaranteed issuance but is subject to all other provisions of this subtitle applicable to the Standard Plan, including:

(i) guaranteed renewal; and

(ii) adjusted community rating.

(2) For each additional benefit offered under this subsection, a carrier shall accept or reject the application of the entire group.

(3) The Commissioner may prohibit a carrier from offering an additional benefit under this subsection if the Commissioner finds that the additional benefit will be sold in conjunction with the Standard Plan in a manner designed to promote risk selection or underwriting practices otherwise prohibited by this subtitle.

(d) Beginning January 1, 2014, this section applies only to grandfathered health plans as defined in § 1251 of the Affordable Care Act.
Md. Code, State Personnel and Pensions § 15-101 — MD Code / Article gsp / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

A person may not impersonate another in an examination held under this Division I.
Md. Code, Insurance § 15-118.1 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-118.1
§15–118.
Status: in_force

§15–118.1. NOT IN EFFECT

** TAKES EFFECT JANUARY 1, 2026 PER CHAPTER 692 OF 2025 **

// EFFECTIVE UNTIL JULY 1, 2029 PER CHAPTER 692 OF 2025 //

(a) (1) This section applies to:

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

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

(2) An insurer, a nonprofit health service plan, or a health maintenance organization that provides coverage for prescription drugs through a pharmacy benefits manager is subject to the requirements of this section.

(b) (1) Subject to paragraph (2) of this subsection, when calculating an insured’s or enrollee’s contribution to the insured’s or enrollee’s coinsurance, copayment, deductible, or out–of–pocket maximum under the insured’s or enrollee’s health benefit plan, an entity subject to this section shall include any discount, financial assistance payment, product voucher, or other out–of–pocket expense made by or on behalf of the insured or enrollee for a prescription drug:

(i) that is covered under the insured’s or enrollee’s health benefit plan; and

(ii) 1. that does not have an AB–rated generic equivalent drug or an interchangeable biological product preferred under the health benefit plan’s formulary; or

2. A. that has an AB–rated generic equivalent drug or an interchangeable biological product preferred under the health benefit plan’s formulary; and

B. for which the insured or enrollee originally obtained coverage through prior authorization, a step therapy protocol, or the exception or appeal process of the entity subject to this section.

(2) If an insured or enrollee is covered under a high–deductible health plan, as defined in 26 U.S.C. § 223, this subsection does not apply to the deductible requirement of the high–deductible health plan.

(c) (1) Except as provided in paragraph (3) of this subsection, a person that provides a discount, financial assistance payment, product voucher, or other out–of–pocket expense made by or on behalf of the insured or enrollee that is used in the calculation of the insured’s or enrollee’s contribution to the insured’s or enrollee’s coinsurance, copayment, deductible, or out–of–pocket maximum shall, within 7 days after the acceptance of the discount, financial assistance payment, product voucher, or other out–of–pocket expense, notify the insured or enrollee of:

(i) the maximum dollar amount of the discount, financial assistance payment, product voucher, or other out–of–pocket expense; and

(ii) the expiration date for the discount, financial assistance payment, product voucher, or other out–of–pocket expense.

(2) A violation of paragraph (1) of this subsection is a violation of the Consumer Protection Act.

(3) This subsection does not apply to a charitable organization that provides a discount, financial assistance payment, product voucher, or other out–of–pocket expense to an insured or enrollee.

(d) (1) Subject to paragraph (2) of this subsection, an entity subject to this section may not directly or indirectly set, alter, implement, or condition the terms of health benefit plan coverage, including the benefit design, based in whole or in part on information about the availability or amount of financial or product assistance available for a prescription drug.

(2) Paragraph (1) of this subsection may not be construed to prohibit an entity subject to this section from using rebates in the design of prescription drug coverage or benefits.
Md. Code, Business Occupations and Professions § 15-702 — MD Code / Article gbo / Title 15 / Subtitle 7 / Section 15-702
§15–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2027.
Md. Code, Transportation § 15-501 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

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

(b) (1) “Automotive dismantler and recycler” means a person in the business of:

(i) Dismantling, destroying, or scrapping any vehicle for the purpose of reselling any of its usable parts; or

(ii) Otherwise acquiring vehicles for the benefit of their parts or the materials in them.

(2) Notwithstanding any provision to the contrary, any reference to a wrecker in any statute, rule, or regulation shall apply to an automotive dismantler and recycler.

(c) “License” means an automotive dismantler’s or recycler’s or scrap processor’s license issued by the Administration under this subtitle.

(d) “Scrap processor” means a person in a business:

(1) That has facilities for processing iron, steel, and nonferrous scrap metal; and

(2) The principal product of which is scrap iron, scrap steel, and nonferrous scrap for sale only for resmelting purposes.

(e) “Vehicle” means any vehicle, or the body or chassis of any vehicle, that is to be dismantled, destroyed, or scrapped.
Md. Code, Health - General § 15-131 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-131
§15–131.
Status: in_force

(a) The Department shall investigate development of integrated care systems and the feasibility and desirability of applying for a home- and community-based services waiver in order to maximize federal matching funds for the provision of services to adults who:

(1) Have functional disabilities, including Alzheimer’s disease and related disorders;

(2) Have family income not greater than 200% of the federal poverty level; and

(3) Would otherwise require nursing home institutionalization.

(b) The services covered under the waiver under this section may include:

(1) Routine and emergency respite care;

(2) Adult day care;

(3) Personal care;

(4) Case management; and

(5) Homemaker services.

(c) The Department may place a reasonable limit on the number of individuals or on the geographic area of the State included in the waiver under this section.
Md. Code, Education § 15-138 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-138
§15–138.
Status: in_force

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

(2) “Community of interest” means a community in the State identified by a public senior higher education institution that has individuals from historically underrepresented groups, demographics, or geographic areas that the institution has determined are underrepresented in the enrollment of the institution or other institutions of higher education in the State.

(3) (i) “Targeted recruitment and outreach efforts” means efforts specifically identified by a public senior higher education institution and a community of interest to increase applications of students from the identified community of interest.

(ii) “Targeted recruitment and outreach efforts” includes:

1. Establishing partnerships with community–based organizations, local school systems, or specific high schools and the public senior higher education institution;

2. Attending college fairs;

3. Holding specific recruitment events in the community of interest;

4. Establishing a student ambassador program;

5. Holding college access workshops in the community of interest, with a focus on the admissions application process at the public senior higher education institution; and

6. Providing dedicated support services and staff for the community of interest during the application process.

(b) This section does not apply to University of Maryland Global Campus.

(c) (1) Each public senior higher education institution shall adopt and annually update a written policy that identifies communities of interest in the State and the institution’s targeted recruitment and outreach efforts for the community of interest with the goal of meeting the principle of public higher education stated in § 10–202(7) of this article.

(2) Each public senior higher education institution shall complete the targeted recruitment and outreach efforts identified in paragraph (1) of this subsection each year.

(d) (1) Except as provided in paragraph (2) of this subsection, on or before August 1, 2024, and each August 1 thereafter, each public senior higher education institution shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate and the Speaker of the House on:

(i) The communities of interest identified by the institution;

(ii) The targeted recruitment and outreach efforts completed in the previous school year in each identified community of interest;

(iii) The targeted recruitment and outreach efforts planned for the next school year in each identified community of interest; and

(iv) Application and admission data for individuals in each identified community of interest.

(2) The report submitted by an institution on or before August 1, 2024, is not required to include the information required in paragraph (1)(ii) of this subsection.
Md. Code, Environment § 15-608 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-608
§15–608.
Status: in_force

(a) Nothing in this subtitle shall be construed as affecting the right of any person to enforce or protect that person’s interest in water resources affected by deep mining.

(b) The operator of a deep mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from deep mining operations.

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

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

(3) On request from the operator, the Department shall use funds from the Deep Mining Fund to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section.

(d) (1) On request from the owner of the affected water supply, the Department may use funds from the Deep Mining Fund to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section.

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

(e) (1) If the Department determines that the water supply has been affected by deep mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Deep Mining Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply.

(2) If the Department determines that the water supply has been affected by deep mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the Deep Mining Fund to replace the water supply. The use of these funds may not be construed to extend any permit where bonds have been fully released.

(f) (1) The operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply if:

(i) After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did proximately result from the operator’s deep mining operation; and

(ii) The Department has expended moneys from the Deep Mining Fund to replace the water supply.

(2) The property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply if:

(i) After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s deep mining operation; and

(ii) The Department has expended moneys from the Fund to replace the water supply.

(3) (i) The operator may request reimbursement from the Department for the actual direct costs incurred by the operator to replace the water supply if:

1. After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s deep mining operation; and

2. The operator has replaced the water supply.

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

(iii) The Department shall reimburse the operator for the operator’s eligible costs to replace the water supply from the Deep Mining Fund.

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

(2) The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.
Md. Code, Insurance § 15-112.2 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-112.2
§15–112.
Status: in_force

§15–112.2.

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

(2) “Capitated dental provider panel” means a provider panel for one or more dental plan organizations offering contracts only for dental services reimbursed on a capitated basis for certain services.

(3) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization; or

(iv) a dental plan organization.

(4) “Enrollee” means a person entitled to health care benefits from a carrier.

(5) “Fee–for–service dental provider panel” means a provider panel for one or more dental plan organizations, insurers, or nonprofit health service plans offering contracts only for dental services reimbursed on a full or discounted fee–for–service basis.

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

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

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

(9) “Provider” has the meaning stated in § 19–701 of the Health – General Article.

(10) “Provider contract” means a contract:

(i) between a provider and a carrier, an affiliate of a carrier, or an entity that contracts with a provider to serve a carrier; and

(ii) under which the provider agrees to provide health care services to enrollees.

(11) “Provider panel” means the providers that contract either directly or through a subcontracting entity with a carrier to provide health care services to enrollees.

(b) (1) A provider contract may not contain a provision that requires a provider:

(i) as a condition of participating in a non–HMO provider panel, to participate in an HMO provider panel; or

(ii) as a condition of participating in a fee–for–service dental provider panel, to participate in a capitated dental provider panel.

(2) Notwithstanding paragraph (1) of this subsection, a provider contract may contain a provision that requires a provider, as a condition of participating in a non–HMO provider panel, an HMO provider panel, or a dental provider panel, to participate in a managed care organization.

(c) (1) This subsection does not apply to a provider contract for a dental provider panel.

(2) Each provider contract shall disclose the carriers comprising each provider panel.

(d) (1) This subsection does not apply to a provider contract for a dental provider panel.

(2) If a provider contract includes more than one schedule of applicable fees, the provider contract may not contain a provision that requires a provider as a condition of participation to accept each schedule of applicable fees included in the provider contract.

(3) If a provider rejects a schedule of applicable fees, the provider contract may not require the provider to treat the enrollees of the carriers that reimburse the provider in accordance with any of the rejected schedules of applicable fees.

(4) Notwithstanding the provisions of paragraph (1) of this subsection, a provider contract may include a provision that requires a provider, as a condition of participation, to accept each schedule of applicable fees for a carrier that is not affiliated through common ownership with the entity arranging the provider panel.

(e) If a provider elects to terminate participation on a provider panel, the provider shall:

(1) notify the carrier at least 90 days before the date of termination; and

(2) for at least 90 days after the date of the notice of termination, continue to furnish health care services to an enrollee of the carrier for whom the provider was responsible for the delivery of health care services before the notice of termination.

(f) A provider contract may not contain a provision that requires a participating dental provider, as a condition of continued participation in a capitated dental provider panel or a fee–for–service dental provider panel, to accept an added, revised, or amended fee schedule that contains a lower fee.

(g) (1) In this subsection, “covered services” means health care services that are reimbursable under a policy or contract for dental services between an enrollee and a carrier, subject to any contractual limitations on benefits, including deductibles, copayments, or frequency limitations.

(2) A carrier may not include in a dental provider contract a provision that requires a dental provider to provide health care services that are not covered services at a fee set by the carrier.

(h) (1) In this subsection, “covered services” means health care services that are reimbursable under a policy or contract for vision services between an enrollee and a carrier, subject to any contractual limitations on benefits, including deductibles, copayments, or frequency limitations.

(2) A carrier may not include in a vision provider contract a provision that requires a vision provider:

(i) to provide health care services that are not covered services at a fee set by the carrier; or

(ii) to provide discounts on materials that are not covered benefits.

(3) (i) A carrier may not include in a vision provider contract a provision that requires a vision provider, as a condition of participation in a fee–for–service vision provider panel, to participate in a capitated vision provider panel.

(ii) Notwithstanding subparagraph (i) of this paragraph, a vision provider contract may contain a provision that requires a vision provider, as a condition of participating in a non–HMO vision provider panel or an HMO vision provider panel to participate in a managed care organization.
Md. Code, Health Occupations § 15-101 — MD Code / Article gho / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Ambulatory surgical facility” means a facility:

(1) Accredited by:

(i) The American Association for Accreditation of Ambulatory Surgical Facilities;

(ii) The Accreditation Association for Ambulatory Health Care; or

(iii) The Joint Commission on Accreditation of Healthcare Organizations; or

(2) Certified to participate in the Medicare program, as enacted by Title XVIII of the Social Security Act.

(c) “Board” means the State Board of Physicians, established under § 14–201 of this article.

(d) (1) “Collaboration” means the communication and decision–making process among health care providers who are members of a patient care team related to the treatment of a patient that includes the degree of cooperation necessary to provide treatment and care to the patient and includes:

(i) Communication of data and information about the treatment and care of a patient, including the exchange of clinical observations and assessments; and

(ii) Development of an appropriate plan of care, including:

1. Decisions regarding the health care provided;

2. Accessing and assessment of appropriate additional resources or expertise; and

3. Arrangement of appropriate referrals, testing, or studies.

(2) “Collaboration” does not require the constant, physical presence of a collaborating physician on–site in the practice setting, if the collaborating physician is accessible by electronic means.

(e) “Collaboration agreement” means a document that:

(1) Outlines the collaboration between a physician assistant and:

(i) An individual physician; or

(ii) A group of physicians; and

(2) Is developed by a physician assistant and the physician or group of physicians.

(f) “Committee” means the Physician Assistant Advisory Committee.

(g) “Controlled dangerous substances” has the meaning stated in § 5–101 of the Criminal Law Article.

(h) “Correctional facility” includes a State or local correctional facility.

(i) “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this article.

(j) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this article.

(k) “Drug sample” means a unit of a prescription drug that is intended to promote the sale of the drug and is not intended for sale.

(l) “Hospital” means:

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

(2) A comprehensive care facility that:

(i) Meets the requirements of a hospital–based skilled nursing facility under federal law; and

(ii) Offers acute care in the same building; and

(3) An emergency room that is physically connected to a hospital or a freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – General Article.

(m) “License” means a license issued by the Board to a physician assistant under this title.

(n) “National certifying examination” means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants or its successor.

(o) “Patient care team” means a multidisciplinary team of health care providers actively functioning as a unit with the leadership of one or more patient care team physicians for the purpose of providing and delivering health care to a patient or group of patients.

(p) “Patient care team physician” means a licensed physician who regularly practices in the State and who provides leadership in the care of patients as part of a patient care team.

(q) “Physician assistant” means an individual who is licensed under this title to practice as a physician assistant.

(r) “Practice as a physician assistant” means the performance of medical acts that are:

(1) Authorized under a license issued by the Board; and

(2) Authorized under the physician assistant’s collaboration agreement.

(s) “Prescriptive authority” means the authority of a physician assistant to:

(1) Prescribe and administer controlled dangerous substances, prescription drugs, medical devices, and the oral, written, or electronic ordering of medications; and

(2) Dispense as provided under § 15–302.2(b), (c), and (d) of this title.

(t) “Public health facility” means a site where clinical public health services are rendered under the auspices of the Department, a local health department in a county, or the Baltimore City Health Department.

(u) “Starter dosage” means an amount of a drug sufficient to begin therapy:

(1) Of short duration of 72 hours or less; or

(2) Prior to obtaining a larger quantity of the drug to complete therapy.
Md. Code, Health - General § 15-102.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.2
§15–102.
Status: in_force

§15–102.2.

(a) Except as otherwise provided in this section, the provisions of § 19-706.1 of this article (Rehabilitation and liquidation) shall apply to managed care organizations in the same manner they apply to health maintenance organizations.

(b) (1) A health care provider may not assert a claim of subrogation against an enrollee of a managed care organization or the State.

(2) Notwithstanding paragraph (1) of this subsection, a health care provider may assert any claim it may have against the receiver of the insolvent managed care organization.
Md. Code, Insurance § 15-113 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

(3) “Eligible provider” means:

(i) a licensed physician, as defined in § 14–101 of the Health Occupations Article, who voluntarily participates in a two–sided incentive arrangement; or

(ii) a set of health care practitioners that voluntarily participate in a two–sided incentive arrangement.

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

(5) “Set of health care practitioners” means:

(i) a group practice;

(ii) a clinically integrated organization established in accordance with Subtitle 19 of this title;

(iii) an accountable care organization established in accordance with 42 U.S.C. § 1395jjj and any applicable federal regulations; or

(iv) a clinically integrated network that is a provider entity that meets the criteria established in guidance issued by the Federal Trade Commission, including a network of behavioral health care programs licensed under § 7.5–401 of the Health – General Article.

(6) “Two–sided incentive arrangement” means an arrangement between an eligible provider and a carrier in which the eligible provider may earn an incentive and a carrier may recoup funds from the eligible provider in accordance with the terms of a contract entered into with the eligible provider that meets the requirements of this section.

(b) A carrier may not reimburse a health care practitioner in an amount less than the sum or rate negotiated in the carrier’s provider contract with the health care practitioner.

(c) (1) This section does not prohibit a carrier from:

(i) providing bonuses or other incentive–based compensation to a health care practitioner or a set of health care practitioners; or

(ii) entering into a two–sided incentive arrangement with an eligible provider.

(2) A bonus or other incentive–based compensation program or two–sided incentive arrangement authorized under this section:

(i) may not create a disincentive to the provision of medically appropriate or medically necessary health care services; and

(ii) if the carrier is a health maintenance organization, shall comply with the provisions of § 19–705.1 of the Health – General Article.

(3) A bonus or other incentive–based compensation or two–sided incentive arrangement authorized under this section:

(i) if applicable, shall promote health equity, improvement of health care outcomes, and the provision of preventive health care services; or

(ii) may reward a health care practitioner, a set of health care practitioners, or an eligible provider, based on satisfaction of performance measures, if the following is agreed on in writing by the carrier and the health care practitioner, set of health care practitioners, or eligible provider:

1. the performance measures, including the source of the measures;

2. the method and the time period for calculating whether the performance measures have been satisfied;

3. the method by which the health care practitioner, set of health care practitioners, or eligible provider may request reconsideration of the calculations by the carrier; and

4. if applicable, the risk–adjustment method used.

(4) Acceptance of a bonus or other incentive–based compensation or two–sided incentive arrangement under this subsection shall be voluntary.

(5) A carrier may not reduce the fee schedule of a health care practitioner or a set of health care practitioners because the health care practitioner or set of health care practitioners does not participate in the carrier’s bonus or other incentive–based compensation or two–sided incentive arrangement program.

(6) Participation in a two–sided incentive arrangement may not be the sole opportunity for a health care practitioner or a set of health care practitioners to be eligible to receive increases in reimbursement.

(7) A carrier may not require as a condition of participation in the carrier’s provider network:

(i) a health care practitioner or set of health care practitioners to participate in the carrier’s bonus or other incentive–based compensation program; or

(ii) an eligible provider to participate in the carrier’s two–sided incentive arrangement program.

(8) A health care practitioner, a set of health care practitioners, an eligible provider, a health care practitioner’s designee, a designee of a set of health care practitioners, or a designee of an eligible provider may file a complaint with the Administration regarding a violation of this subsection.

(d) (1) A carrier shall provide a health care practitioner, a set of health care practitioners, or an eligible provider with a copy of:

(i) a schedule of all applicable fees or the 50 most common services billed by a health care practitioner in that specialty, whichever is less;

(ii) a description of the coding guidelines used by the carrier that are applicable to the services billed by a health care practitioner in that specialty;

(iii) the information about the practitioner and the methodology that the carrier uses to determine whether to:

1. increase or reduce the practitioner’s level of reimbursement;

2. provide a bonus or other incentive–based compensation to the practitioner; and

3. recoup compensation from an eligible provider under a two–sided incentive arrangement; and

(iv) a summary of the terms of a two–sided incentive arrangement program.

(2) Except as provided in paragraph (4) of this subsection, a carrier shall provide the information required under paragraph (1) of this subsection in the manner indicated in each of the following instances:

(i) in writing before a contract execution;

(ii) in writing or electronically 30 days before a change; and

(iii) in writing or electronically on request of the health care practitioner, set of health care practitioners, or eligible provider.

(3) Except as provided in paragraph (4) of this subsection, a carrier shall make the pharmaceutical formulary that the carrier uses available to a health care practitioner, a set of health care practitioners, or an eligible provider electronically.

(4) On written request of a health care practitioner, a set of health care practitioners, or an eligible provider, a carrier shall provide the information required under paragraphs (1) and (3) of this subsection in writing.

(5) The Administration may adopt regulations to carry out the provisions of this subsection.

(e) (1) A carrier that compensates health care practitioners or a set of health care practitioners wholly or partly on a capitated basis in accordance with § 15–2102 of this article may not retain any capitated fee attributable to an enrollee or covered person during an enrollee’s or covered person’s contract year.

(2) A carrier is in compliance with paragraph (1) of this subsection if, within 45 days after an enrollee or covered person chooses or obtains health care from a health care practitioner or a set of health care practitioners, the carrier pays to the health care practitioner or set of health care practitioners all accrued but unpaid capitated fees attributable to that enrollee or person that the health care practitioner or set of health care practitioners would have received had the enrollee or person chosen the health care practitioner or set of health care practitioners at the beginning of the enrollee’s or covered person’s contract year.

(3) Acceptance of a capitated payment shall be voluntary.

(f) (1) Under a two–sided incentive arrangement that complies with the requirements of this section, a carrier may recoup funds paid to an eligible provider based on the terms of a written contract between the carrier and the eligible provider that at a minimum:

(i) establish a target budget for:

1. the total cost of care of a population of patients adjusted for risk and population size; or

2. the cost of an episode of care;

(ii) limit recoupment to not more than 50% of the excess above the mutually agreed on target established in accordance with item (i) of this paragraph;

(iii) specify a mutually agreed on maximum liability for total recoupment that may not exceed 10% of the annual payments from the carrier to the eligible provider;

(iv) provide an opportunity for gains by an eligible provider that is greater than the opportunity for recoupment by the carrier;

(v) following good faith negotiations, provide an opportunity for an audit by an independent third party and an independent third–party dispute resolution process;

(vi) require the carrier and the eligible provider to negotiate in good faith adjustments to the target budget when:

1. certain circumstances beyond the control of the carrier or the eligible provider arise, including changes in hospital rates; and

2. material changes occur in health care economics, health care delivery, or regulations that impact the arrangement; and

(vii) require the carrier to pay any incentive to or request any recoupment from the eligible provider within 6 months after the end of the contract year, unless the carrier or eligible provider initiates a dispute relating to the recoupment or incentive amount.

(2) Unless mutually agreed to by an eligible provider and a carrier, an arrangement entered into under this subsection may not provide an opportunity for recoupment by the carrier based on the eligible provider’s performance during the first 12 months of the arrangement.

(3) A carrier that enters into a two–sided incentive arrangement with an eligible provider in which the amount of any payment is determined, in whole or in part, on the total cost of care of a population of patients or an episode of care, shall, at least quarterly, disclose to the eligible provider the following information in a manner that meets federal and State data use and privacy standards:

(i) any amount paid to another health care provider that is included in the total cost of care of a patient in the population or episode of care; and

(ii) any copayment, coinsurance, or deductible that is included in the total cost of care of a patient in the population or episode of care.

(4) Unless mutually agreed to by the carrier and eligible provider, a two–sided incentive arrangement may not be amended during the term of the contract.

(5) The opportunity for independent third–party dispute resolution provided for in paragraph (1)(v) of this subsection may not be required to be exhausted before a member or member’s representative is allowed to file an appeal of a coverage decision under § 15–10D–02 of this title.

(6) Nothing in this subsection may be construed to:

(i) alter any requirement for a carrier to pay a hospital or related institution the rate approved by the Health Services Cost Review Commission for hospital services; or

(ii) supersede the Health Services Cost Review Commission’s jurisdiction or authority over rate review and approval for hospital services.
Md. Code, Estates and Trusts § 15-613 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-613
§15–613.
Status: in_force

(a) After an opportunity for hearing under Title 13, Subtitle 2 or Title 13, Subtitle 7 of this article, a court may grant a guardian access to the digital assets of the protected person for whom the guardian has been appointed.

(b) Unless otherwise ordered by a court or directed by a user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the protected person and the digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian provides the custodian:

(1) A written request for disclosure in physical or electronic form;

(2) A copy of the court order that gives the guardian authority over the digital assets of the protected person; and

(3) If requested by the custodian:

(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the protected person’s account; or

(ii) Evidence linking the account to the protected person.

(c) (1) A guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.

(2) A request made under this subsection shall be accompanied by a copy of the court order granting the guardian authority over the protected person’s property.
Md. Code, Environment § 15-614 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-614
§15–614.
Status: in_force

An operator may not conduct deep mining within the State if he previously has forfeited any bond posted pursuant to deep mining activities, unless, on application, the operator repays to the Department the cost of reclamation, if the Department has reclaimed the land with interest at the current rate for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the operator shall reclaim the land covered by the forfeited bond at his own expense, including any additional erosional, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.
Md. Code, Health - General § 15-114 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-114
§15–114.
Status: in_force

(a) In this section, “related institution” includes any of the following facilities, as classified from time to time by law, rule, or regulation:

(1) A comprehensive care facility;

(2) An extended care facility;

(3) An intermediate care facility; and

(4) A skilled nursing facility.

(b) This section applies only to the extent that federal funds are available for reimbursement under this section.

(c) Except as provided in subsection (f) of this section, and in accordance with subsection (e) of this section, the Department shall reimburse each hospital–based related institution that:

(1) Is a distinct part of an acute or chronic hospital; and

(2) On and after July 1, 1980, is licensed as a related institution.

(d) (1) The Health Services Cost Review Commission shall determine rates for fiscal years 1986, 1987, 1988, and 1989 for purposes of the reimbursement formula established under subsection (e) of this section and shall inform the Department of the reimbursement rates prior to the beginning of the respective fiscal year.

(2) The rates determined by the Health Services Cost Review Commission under this section shall be the rates that would have been in effect during the respective fiscal year if the hospital–based related institution had remained under the full rate jurisdiction of the Health Services Cost Review Commission.

(e) The reimbursement required by this section shall be in accordance with the following formula:

(1) For the period from July 1, 1985 through June 30, 1986, a per diem rate calculated as the sum of:

(i) 80% of the rate determined by the Health Services Cost Review Commission under subsection (d) of this section; and

(ii) 20% of the per diem rate of the hospital–based related institution determined under the Program regulations applicable to skilled and intermediate care nursing facilities.

(2) For the period from July 1, 1986 through June 30, 1987, a per diem rate calculated as the sum of:

(i) 60% of the rate determined by the Health Services Cost Review Commission under subsection (d) of this section; and

(ii) 40% of the per diem rate of the hospital–based related institution determined under the Program regulations applicable to skilled and intermediate care nursing facilities.

(3) For the period from July 1, 1987 through June 30, 1988, a per diem rate calculated as the sum of:

(i) 40% of the rate determined by the Health Services Cost Review Commission under subsection (d) of this section; and

(ii) 60% of the per diem rate of the hospital–based related institution determined under the Program regulations applicable to skilled and intermediate care nursing facilities.

(4) For the period from July 1, 1988 through June 30, 1989, a per diem rate calculated as the sum of:

(i) 20% of the rate determined by the Health Services Cost Review Commission under subsection (d) of this section; and

(ii) 80% of the per diem rate of the hospital–based related institution determined under the Program regulations applicable to skilled and intermediate care nursing facilities.

(5) Beginning July 1, 1989, the Department shall reimburse at rates determined under the Program regulations applicable to skilled and intermediate care nursing facilities.

(f) (1) In this subsection, “management firm” means an organization that:

(i) Is intended to have or has full responsibility and control for the day–to–day operations of a nursing home or related institution; and

(ii) Is under contract with:

1. An applicant for a license from the Secretary to establish, operate, or continue the operation of an existing nursing home or related institution; or

2. A holder of a license from the Secretary to operate a nursing home or related institution.

(2) The Department may not reimburse a nursing home or related institution if the nursing home or related institution or a management firm of a nursing home or related institution knowingly employs or retains as a consultant an individual who, for an activity described in § 9–314(b)(8), (9), or (10) of the Health Occupations Article, has:

(i) Surrendered a nursing home administrator license under § 9–313 of the Health Occupations Article; or

(ii) Had a nursing home administrator license revoked under § 9–314 of the Health Occupations Article.
Md. Code, Estates and Trusts § 15-102 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

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

(2) (i) “Beneficiary” means an ascertainable person who has a present or future interest in a trust estate.

(ii) “Beneficiary” includes:

1. If the beneficiary is a minor, the beneficiary’s natural or legal guardian; or

2. If the beneficiary is a disabled person, as defined in § 13–101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.

(3) (i) “Fiduciary” means a trustee:

1. Acting under a deed, will, or declaration of trust or other instrument in the nature of a trust, whether the trust or estate is created before or after the effective date of this subtitle; or

2. Appointed by a court or a committee or guardian of the property of a minor or a disabled person, whether the appointment is made before or after the effective date of this subtitle.

(ii) “Fiduciary” does not include a receiver, trustee of a trust for the benefit of creditors, executor, administrator, or personal representative.

(b) (1) A fiduciary may perform the functions and duties enumerated in this section without application to, approval of, or ratification by a court.

(2) Except as expressly limited in the governing instrument, the powers of a fiduciary under this section are in addition to those derived from common law, statute, or the governing instrument.

(3) The powers listed in this section may be extended or limited by the appropriate court, and the court may also eliminate any limitation imposed by a court on a fiduciary.

(c) A fiduciary may invest in, sell, mortgage, exchange, or lease any property, real or personal.

(d) A fiduciary may borrow money for the purpose of protecting property and pledge property as security for the loan.

(e) A fiduciary may effect a fair and reasonable compromise with any debtor, obligor, creditor or obligee, or extend or renew any obligation by or to the fiduciary estate.

(f) A fiduciary may retain assets owned by the minor or disabled person, in the case of a guardian, or owned by the decedent or the grantor, in the case of a trustee or otherwise coming into the hands of the fiduciary pending distribution or liquidation, including those in which the fiduciary is personally interested or which are otherwise improper for trust investment.

(g) A fiduciary may receive assets from any sources, including other fiduciaries.

(h) (1) A fiduciary may perform the contracts of the decedent or disabled person that continue as obligations of the fiduciary estate.

(2) In performing an enforceable contract to convey or lease land the fiduciary may execute and deliver a deed or conveyance for cash payment of all sums remaining due, or for the note of the purchaser for the sum remaining due secured by a mortgage or deed of trust on the land, as the contract may provide.

(i) A fiduciary may satisfy written charitable pledges of the disabled person or decedent.

(j) A fiduciary may deposit funds for the account of the fiduciary estate in checking accounts, in insured interest–bearing accounts, or in short–term loan arrangements.

(k) A fiduciary may vote securities in person or by general or limited proxy, or enter into or participate in a voting trust or agreement of shareholder.

(l) A fiduciary may insure the property of the fiduciary estate against damage, loss and liability, and himself or herself, as fiduciary against liability in respect to third persons.

(m) A fiduciary may pay taxes, assessments and other expenses incident to the administration of the fiduciary estate.

(n) A fiduciary may sell or exercise stock subscription, conversion or option rights, consent to or oppose, directly or through a committee or other agent, the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprises.

(o) A fiduciary may employ for reasonable compensation agents, attorneys, auditors, investment advisors or other persons with special skills, to advise or assist the fiduciary in the performance of the administrative duties of the fiduciary, but no attorney’s fee in an amount exceeding $50 shall be paid in a fiduciary estate administered under court jurisdiction unless the amount of the fee has been first approved by order of court.

(p) (1) Except as provided in the Maryland Rules, a fiduciary may prosecute, defend, or submit to arbitration any actions, claims, or proceedings in any jurisdiction for the protection of the fiduciary estate.

(2) The fiduciary may request criminal injuries compensation, restitution, or any other financial property interest of a beneficiary who is a victim of a crime.

(q) A fiduciary may continue as or become a limited partner in any partnership or a member in any limited liability company, including a single member limited liability company.

(r) A fiduciary may incorporate any business or venture which forms a part of the fiduciary estate.

(s) A fiduciary may convert a sole proprietorship the decedent was engaged in at the time of the decedent’s death to a limited liability company.

(t) A fiduciary may exercise options, rights and privileges contained in a life insurance policy, annuity, or endowment contract constituting property of the fiduciary estate, including the right to obtain the cash surrender value, convert a policy to another type of policy, revoke any mode of settlement, and pay any part or all of the premiums on the policy or contract.

(u) A fiduciary may pay any valid claim.

(v) If any assets of the fiduciary estate are encumbered by mortgage, pledge, lien, or other security interest, a fiduciary may pay the encumbrance or any part of it, renew, or extend an obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of the security interest of the creditor, in whole or in part, if the act appears to be in the best interest of the fiduciary estate.

(w) A fiduciary may release or terminate any mortgage or security interest, if the obligation secured by the mortgage or security interest has been fully satisfied.

(x) A guardian may exercise any inter vivos power which the minor or disabled person could have exercised under an instrument, including the power to sell, mortgage, or lease.

(y) A fiduciary may hold a security in the name of a nominee or in other form without disclosure of the interest of the fiduciary estate, but the fiduciary shall be liable for a wrongful act of the nominee in connection with the security so held.

(z) (1) To comply with an environmental law, a fiduciary may:

(i) Inspect property held by the fiduciary, including any type of interest in a sole proprietorship, partnership, limited liability company, or corporation, and any assets owned by a sole proprietorship, partnership, limited liability company, or corporation, to determine compliance with an environmental law and respond to an actual or potential environmental liability relating to the property;

(ii) Before or after the initiation of a claim or a governmental enforcement action, take action necessary to prevent, abate, or otherwise remedy an actual or potential environmental liability that affects the fiduciary estate;

(iii) Settle or compromise at any time a claim against the fiduciary estate based on an alleged environmental liability that may be asserted by any person; and

(iv) Pay from the fiduciary estate the costs of an inspection, review, study, abatement, response, cleanup, or other remedial action that involves an environmental liability.

(2) If a fiduciary acts prudently and in good faith, the fiduciary is not liable to a person with an interest in assets of the fiduciary estate for a decrease in the value of the assets for taking action under this subsection or otherwise taking action to comply with an environmental law or reporting requirement.

(3) Acceptance by the fiduciary of property or failure by the fiduciary to take action under this subsection does not imply that there is or may be any liability under an environmental law with respect to any property.

(aa) A fiduciary may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the fiduciary is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031(c) of the United States Internal Revenue Code of 1986, as amended, if:

(1) The governing instrument authorizes or directs the donation of a conservation easement on the real property; or

(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
Md. Code, Insurance § 15-1701 — MD Code / Article gin / Title 15 / Subtitle 17 / Section 15-1701
§15–1701.
Status: in_force

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

(b) “Carrier” has the meaning stated in § 15–1301 of this title.

(c) “Enrollee” means an individual entitled to health care benefits from a carrier.

(d) “Physician rating system” means any program that:

(1) measures, rates, or tiers the performance of physicians under contract with the carrier; and

(2) discloses the measures, rates, or tiers to enrollees or the public.

(e) “Ratings examiner” means an independent entity that is approved by the Maryland Health Care Commission to review physician rating systems.
Md. Code, Estates and Trusts § 15-307 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-307
§15–307.
Status: in_force

(a) A person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, shall have the immunity from liability described under § 5-421(b) of the Courts and Judicial Proceedings Article.

(b) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary shall have the immunity from liability described under § 5-421(c) of the Courts and Judicial Proceedings Article.

(c) This section and § 5-421 of the Courts and Judicial Proceedings Article do not impose any liability upon the corporation or its transfer agent.
Md. Code, Education § 15-128 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-128
§15–128.
Status: in_force

(a) Subject to subsection (d) of this section, for fiscal year 2023, the Governor shall include in the annual budget bill a general fund appropriation of at least:

(1) $16,790,700 for Bowie State University;

(2) $9,000,000 for Coppin State University;

(3) $24,003,200 for Morgan State University; and

(4) $9,693,600 for University of Maryland Eastern Shore.

(b) (1) Subject to subsection (d) of this section, for each of fiscal years 2024 through 2031, the Governor shall include in the annual budget bill a general fund appropriation to the historically black colleges and universities as calculated under paragraph (2) of this subsection.

(2) The funds provided under paragraph (1) of this subsection shall be allocated to each institution in an amount that is the greater of:

(i) $9,000,000; or

(ii) The product of:

1. The percentage share of students enrolled during the immediately preceding academic year at each institution compared to the total number of students enrolled at all of the historically black colleges and universities; and

2. $57,700,000.

(3) (i) Subject to subsection (d) of this section, for fiscal year 2032, the Governor shall include in the annual budget bill a general fund appropriation equal to the difference of:

1. $577,000,000; minus

2. The sum of the total funds allocated for each of fiscal years 2023 through 2031 under this section.

(ii) The funds provided under subparagraph (i) of this paragraph shall be allocated to each historically black college and university in an amount that is equal to the product of:

1. The percentage share of students enrolled during the immediately preceding academic year at each institution compared to the total number of students enrolled at all of the historically black colleges and universities; and

2. The amount of general funds determined for fiscal year 2032 under subparagraph (i) of this paragraph.

(4) At the end of each fiscal year, any unused funds provided under this section shall be distributed to the Historically Black Colleges and Universities Reserve Fund established under § 15–127 of this subtitle.

(c) Funds provided under this section:

(1) Shall be supplemental to, and may not supplant, funds appropriated to public institutions of higher education in the State budget;

(2) May be used for the following purposes, as determined by the university receiving the funds:

(i) Scholarships and financial aid support services;

(ii) Faculty recruitment and development;

(iii) Expanding and improving existing academic programs, including online programs;

(iv) Development and implementation of new academic programs, including online programs;

(v) Academic support; and

(vi) Marketing; and

(3) May not be included in the calculations of State funding under §§ 16–305, 16–512, and 17–104 of this article.

(d) If the special account in the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article has a balance, the Governor shall use the balance to supplant the General Fund appropriation to the historically black colleges and universities required under this section.

(e) On or before December 1 each year, beginning in 2023 and going through 2033, each historically black college or university shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate, the Speaker of the House, the House Appropriations Committee, and the Senate Budget and Taxation Committee on:

(1) The uses of the funds in accordance with subsection (c)(2) of this section; and

(2) Any new academic program developed with respect to:

(i) Development costs;

(ii) Startup costs; and

(iii) Ongoing costs to maintain the program.
Md. Code, Estates and Trusts § 15-608 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-608
§15–608.
Status: in_force

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or a court, a custodian shall disclose to the agent the content if the agent provides the custodian:

(1) A written request for disclosure in a physical or electronic form;

(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) If requested by the custodian:

(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or

(ii) Evidence linking the account to the principal.
Md. Code, Insurance § 15-833 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-833
§15–833.
Status: in_force

(a) A policy will be considered to provide benefits on an expense-incurred basis if benefits payable under the policy are based on both medical expenses incurred and flat fees regardless of actual expenses incurred.

(b) This section applies to health benefit plans issued under Subtitle 12 of this title.

(c) This section does not apply if:

(1) coverage is terminated because an individual fails to pay a required premium;

(2) coverage is terminated for fraud or material misrepresentation by the individual; or

(3) any coverage provided by a succeeding health benefit plan:

(i) is provided at a cost to the individual that is less than or equal to the cost to the individual of the extended benefit required under this section; and

(ii) does not result in an interruption of benefits.

(d) During an extension period required under this section a premium may not be charged.

(e) (1) This subsection applies to:

(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits on an expense-incurred basis under group or blanket health insurance policies that are issued or delivered in the State; and

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

(2) If an individual is totally disabled when the individual’s coverage terminates, an entity subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for expenses incurred by the individual for the condition causing the disability until the earlier of:

(i) the date the individual ceases to be totally disabled; or

(ii) 12 months after the date coverage terminates.

(3) An entity subject to this subsection may at any time require the individual to provide proof of total disability.

(f) (1) This subsection applies to:

(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits on an expense-incurred basis under individual health insurance policies that are issued or delivered in the State; and

(ii) health maintenance organizations that provide hospital, medical, or surgical benefits under individual contracts that are issued or delivered in the State.

(2) If an individual has a claim in progress when the individual’s coverage terminates, an entity subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, related to the claim until the earlier of:

(i) the date the individual is released from the care of a physician for the condition that is the basis of the claim; or

(ii) 12 months after the date coverage terminates.

(g) (1) This subsection applies to:

(i) group, blanket, and individual policies that limit coverage to hospital or surgical benefits on an expense-incurred basis; and

(ii) group, blanket, and individual hospital indemnity policies.

(2) If an individual is confined in a hospital on the date coverage terminates, a policy subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for the confinement until the earlier of:

(i) the date the individual is discharged from the hospital; or

(ii) 12 months after the date coverage terminates.

(h) (1) This subsection applies to insurers, nonprofit health service plans, and health maintenance organizations that provide group, blanket, or individual vision benefits.

(2) If an individual has ordered glasses or contact lenses before the date coverage terminates, an entity subject to this subsection that provides coverage for glasses or contact lenses shall continue to provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for the glasses or contact lenses if the individual receives the glasses or contact lenses within 30 days after the date of the order.

(i) (1) This subsection applies to insurers that provide group, blanket, or individual accidental death or dismemberment benefits.

(2) An insurer subject to this subsection shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for a covered loss that occurs after the date coverage terminates if:

(i) an accident occurs while the individual is covered; and

(ii) the loss occurs within 90 days after the accident.

(j) (1) This subsection applies to insurers, nonprofit health service plans, health maintenance organizations, and dental plan organizations that provide group, blanket, or individual dental benefits.

(2) Except as provided in paragraph (3) of this subsection, an entity subject to this subsection shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for a course of treatment for at least 90 days after the date coverage terminates if the treatment:

(i) begins before the date coverage terminates; and

(ii) requires two or more visits on separate days to a dentist’s office.

(3) An entity subject to this subsection that provides coverage for orthodontics shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for orthodontics:

(i) for 60 days after the date coverage terminates if the orthodontist has agreed to or is receiving monthly payments; or

(ii) until the later of 60 days after the date coverage terminates or the end of the quarter in progress, if the orthodontist has agreed to accept or is receiving payments on a quarterly basis.
Md. Code, Commercial Law § 15-206 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

Every conveyance made and every obligation incurred without fair consideration when the person who makes the conveyance or who enters into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent as to both present and future creditors.
Md. Code, Alcoholic Beverages and Cannabis § 15-2703 — MD Code / Article gab / Title 15 / Subtitle 27 / Section 15-2703
§15–2703.
Status: in_force

(a) A holder of a Class A beer, wine, and liquor license may not allow an individual under the age of 18 years to play pool, billiards, shuffleboard, pinball, a console machine, or any other game of chance or skill in the licensed establishment unless the individual is accompanied by a parent or legal guardian.

(b) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine or both.
Md. Code, Estates and Trusts § 15-1A-05 — MD Code / Article get / Title 15 / Subtitle 1A / Section 15-1A-05
§15–1A–05.
Status: in_force

In addition to the provisions for removal under § 15-1A-04(d) of this subtitle, removal of a corporate fiduciary is subject to all other laws of this State affecting removal of fiduciaries and to any agreement that designates the predecessor corporate fiduciary as the corporate fiduciary of the trust, estate, or fund.
Md. Code, Environment § 15-705 — MD Code / Article gen / Title 15 / Subtitle 7 / Section 15-705
§15–705.
Status: in_force

The Department may cooperate with any other State unit or political subdivision and expend funds jointly for any water pollution control project undertaken under the provisions of this subtitle where the objectives of the project may be achieved better or economy realized by a cooperation and joint action, or where the cooperation and joint action is in the public interest.
Md. Code, Health - General § 15-121.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-121.1
§15–121.
Status: in_force

§15–121.1.

(a) If a Program recipient has a claim for any medical, hospital or disability benefits under §§ 19-505 and 19-506 of the Insurance Article, the Department shall be subrogated to that claim to the extent of any payments made by the Department on behalf of the Program recipient that results from the occurrence that gave rise to the claim less:

(1) Applicable attorney’s fees; and

(2) Any rights for loss of income.

(b) (1) An attorney representing a Program recipient under this subtitle on a claim to which the Department has a right of subrogation shall notify the Department prior to filing the claim.

(2) This subsection may not be construed to create a cause of action for notifying or failing to notify the Department.

(c) (1) Any Program recipient or attorney, guardian, or personal representative of a Program recipient who receives money for a claim to which the Department has a subrogation claim shall, after receiving written notice of the subrogation claim, hold that money, for the benefit of the Department, to the extent required for the subrogation claim, after deducting applicable attorney’s fees.

(2) A person who, after written notice of a subrogation claim from the Department and possible liability under this paragraph, disposes of the money, without the written approval of the Department, is liable to the Department for any amount that, because of the disposition, is not recoverable by the Department.

(3) The Department may compromise or settle and release its subrogation claim if, in its judgment, collection of the claim will cause substantial hardship to the Program recipient or in a wrongful death action, the surviving dependent of a deceased Program recipient.
Md. Code, Housing and Community Development § 15-104 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

The Housing Authority of Baltimore City is a public body corporate and politic that:

(1) exercises public and essential governmental functions; and

(2) has all the powers necessary or convenient to carry out the purposes of this Division II.
Md. Code, Health - General § 15-1002 — MD Code / Article ghg / Title 15 / Subtitle 10 / Section 15-1002
§15–1002.
Status: in_force

§15–1002. IN EFFECT

// EFFECTIVE DECEMBER 31, 2030 PER CHAPTER 48 OF 2024 //

(a) There is a Senior Prescription Drug Assistance Program.

(b) The purpose of the Program is to provide Medicare Part D beneficiaries, who meet Program eligibility requirements, with a State subsidy.

(c) The Department shall administer the Program.
Md. Code, Insurance § 15-220 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-220
§15–220.
Status: in_force

A policy of health insurance may contain the following provision:

“Misstatement of age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.”
Md. Code, State Finance and Procurement § 15-206 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

The Appeals Board is an independent unit of the Executive Branch of the State government and, except by statute, may not be made a part of another unit of the State government.
Md. Code, Environment § 15-515 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-515
§15–515.
Status: in_force

(a) (1) Any funds that the Department receives and retains from license and special reclamation fees, mine reclamation surcharge, forfeiture of bonds, cash deposits, or securities shall be deposited to the credit of the State Treasurer in a bank the Treasurer designates. The funds shall be maintained as a special fund on the books of the Comptroller of the Treasury in an account known as the “Bituminous Coal Open–Pit Mining Reclamation Fund”. The Secretary shall use the funds to implement this subtitle and to backfill, grade, and plant areas affected by open–pit mining. However, funds received from the reclamation surcharge under § 15–509 of this subtitle shall only be used by the Secretary for reclamation of land affected by open–pit or strip method mining in the county in which the surcharge is assessed and collected.

(2) (i) Funds received from forfeiture of bonds, and the bond supplement reserve established under § 15–517 of this subtitle, when the bond is not sufficient, shall be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform.

(ii) Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by open–pit mining of bituminous coal.

(3) Funds placed in the reserve in accordance with § 15–516 of this subtitle shall be used to replace water supplies affected by any open–pit mining operation after all bonds on the operation have been fully released.

(b) The Secretary shall administer the Fund subject to the provisions for financial management and budgeting established by the Department of Budget and Management. The Secretary annually shall coordinate the preparation of a budget required to implement this subtitle, including reclamation of lands affected by bituminous coal open–pit mining.

(c) For the purpose of performing duties under this section, the Department, its agents, employees, and contractors may enter on private property for access to and reclamation of any land affected by open–pit mining or prospecting. Entry onto private property for purposes other than reclamation of land on which liability was charged on a forfeited bond may not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the Department may apply to a court where the property or any part of it is located for an order directing that the entry be permitted. “Bona fide effort” shall include either 30 days’ advance notice in writing by certified mail, return receipt requested, to the last known address of the property owner or posting notice on the property not less than 30 days in advance, or other requirements as the court may deem appropriate. The Department shall reimburse the landowner or lessee who is farming the property for agricultural products destroyed or damaged by the Department’s agents, employees, or contractors. The Department shall be responsible for any other damages that may be incurred as a result of entry onto private property.
Md. Code, Estates and Trusts § 15-604 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-604
§15–604.
Status: in_force

(a) This subtitle does not change or impair the right of a custodian or a user under a terms–of–service agreement to access or use the digital assets of the user.

(b) This subtitle does not grant a fiduciary or designated recipient new or expanded rights other than those held by the user for whom or for whose estate or trust the fiduciary or designated recipient acts or represents.

(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by:

(1) A user;

(2) Federal law; or

(3) A terms–of–service agreement if the user has not provided direction under § 15–603 of this subtitle.
Md. Code, Health - General § 15-138 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-138
§15–138.
Status: in_force

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

(2) “EID Program” means the Employed Individuals with Disabilities Program operated under the Maryland Medical Assistance Program.

(3) “Independence account” means a financial account designated by a recipient of EID Program services:

(i) That consists of earned income of a recipient or funds from other sources deposited by or for the recipient;

(ii) For which there is an upper limit of the total amount of earned income received by the recipient in an enrollment year and deposited into the account; and

(iii) For which there are no restrictions under the EID Program on how funds may be expended by the recipient.

(b) The Department shall provide health care services for individuals under the EID Program in accordance with this section.

(c) The Department shall:

(1) Provide EID Program services to qualified applicants, including existing Program recipients, who are at least 16 years old;

(2) For initial applications to receive EID Program services, accept documents to verify income and resources that are dated up to 30 days before the date the application is received;

(3) Transition Program recipients who become eligible for the EID Program in a manner that is least disruptive to the recipient’s access to services;

(4) Ensure that the application process for the EID Program, to the extent authorized by the Centers for Medicare and Medicaid Services, provides maximum flexibility and plain language information for applicants, including:

(i) Instructions for completing the application;

(ii) A description of documents the applicant must enclose with the application; and

(iii) Notice to the applicant of approval or denial of an application; and

(5) Establish a premium contribution for EID Program services.

(d) Subject to subsection (e) of this section, the Department may adopt regulations that develop specific eligibility criteria for participation in the EID Program.

(e) The Department may not:

(1) Limit eligibility to receive EID Program services based on:

(i) The earned or unearned income of the applicant or the applicant’s spouse;

(ii) Any assets or resources of the applicant’s or recipient’s spouse that are not joint assets for a recipient;

(iii) Any retirement account assets or resources for an applicant or a recipient; or

(iv) Any assets or resources in an independence account established for a recipient of EID Program services; or

(2) Establish as a prerequisite for eligibility to receive EID Program services that an applicant apply for Social Security Disability Insurance benefits when the applicant does not receive the benefits and has earnings that are above the substantial gainful activity level established by the Social Security Administration.

(f) The Department shall:

(1) Meet with a State–based coalition of disability advocates twice a year to receive feedback on and discuss any needed changes to the EID Program; and

(2) Request feedback from the coalition before providing any information or materials on the EID Program to the public.

(g) The Department shall apply to the Centers for Medicare and Medicaid Services for any amendments to the State plan, waivers, or other federal approvals necessary to implement the requirements of this section.
Md. Code, Criminal Procedure § 15-416 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-416
§15–416.
Status: in_force

(a) This section applies only in Montgomery County.

(b) (1) The County Council shall set the salary of the State’s Attorney.

(2) Subject to approval by the County Council, the State’s Attorney is entitled a reasonable expense allowance for the operation of the office and performance of the duties of the State’s Attorney.

(c) (1) The State’s Attorney may appoint two deputy State’s Attorneys and the number of assistant State’s Attorneys that the County Council approves.

(2) Each deputy and assistant State’s Attorney is:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as a county employee under the merit system.

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

(i) shall perform the work directed by the State’s Attorney or authorized by law; and

(ii) under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.

(4) (i) In addition to the assistant State’s Attorneys appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional assistant State’s Attorneys.

(ii) The State’s Attorney shall:

1. include the reasons for the appointment in the petition; and

2. deliver notice of the petition to the County Executive and County Council.

(iii) The County Executive and County Council may file a response to each petition.

(iv) The county shall pay the salary and expenses of an assistant State’s Attorney appointed under this paragraph.

(d) (1) The State’s Attorney may appoint the number of special investigators approved by the County Council.

(2) (i) In addition to the special investigators appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional special investigators.

(ii) The State’s Attorney shall:

1. include the reasons for the appointment in the petition; and

2. deliver notice of the petition to the County Executive and County Council.

(iii) The County Executive and County Council may file a response to each petition.

(3) The county shall pay the salary and expenses of a special investigator appointed under this subsection.

(4) A special investigator appointed under this subsection:

(i) is directly under the supervision of the State’s Attorney; and

(ii) shall perform each duty designated by the State’s Attorney.

(5) A special investigator appointed under this subsection is:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as a county employee under the merit system.

(e) (1) The State’s Attorney may appoint the number of administrative assistants, clerks, administrative aides, paralegal interns, and other staff that the County Council approves.

(2) The employees appointed under this subsection are:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as county employees under the merit system.

(f) (1) The State’s Attorney, deputy State’s Attorneys, and assistant State’s Attorneys shall serve full time and may not engage in the private practice of law.

(2) A special investigator shall serve full time and may not engage in other employment.

(g) (1) It is the intent of the General Assembly to:

(i) protect the right of the Montgomery County Executive and the State’s Attorney to bargain;

(ii) preserve a single master collective bargaining agreement to the extent that a single exclusive bargaining representative represents multiple units of employees covered under the Montgomery County Collective Bargaining Law; and

(iii) streamline, facilitate, and make more effective the collective bargaining process by ensuring that there is a single collective bargaining agreement with both the Montgomery County government and the State’s Attorney if a single exclusive bargaining representative represents both county government employees and employees of the State’s Attorney.

(2) Nonprobationary employees of the Office of the State’s Attorney, including nonsupervisory Assistant State’s Attorneys, shall have the right to organize and bargain collectively in accordance with the Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension for active employees, fringe benefits, hours, and other terms and conditions of employment, including performance evaluation procedures.

(3) Employees of the Office of the State’s Attorney, including nonsupervisory Assistant State’s Attorneys:

(i) are subject to the county merit system law and personnel regulations; and

(ii) may be excluded from those provisions only to the extent that the applicability of those provisions is made the subject of collective bargaining.

(4) (i) As to the employees described in paragraph (2) of this subsection, the County Executive shall be considered the employer of the employees under the Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective bargaining for compensation, pension, fringe benefits, and hours.

(ii) If a single exclusive representative represents both county government employees and employees of the Office of the State’s Attorney, the terms and conditions of employment of any current and subsequent collective bargaining agreement between the county government and the exclusive bargaining representative are applicable to employees of the Office of the State’s Attorney unless different terms and conditions of employment are negotiated by the State’s Attorney in accordance with paragraph (5) of this subsection.

(5) (i) The State’s Attorney shall be considered the employer for all other purposes and shall be considered the employer under the Montgomery County Code, Chapter 33, Article VII, for all other terms and conditions of employment.

(ii) If a single exclusive bargaining representative represents both county government employees and employees of the Office of the State’s Attorney, the State’s Attorney shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Office of the State’s Attorney.

(iii) If the State’s Attorney and the exclusive bargaining representative disagree over whether a matter is applicable to employees of the Office of the State’s Attorney, the dispute shall be resolved by the Labor Relations Administrator appointed under the Montgomery County Code, Chapter 33, Article VII, following the procedures for the resolution of prohibited practices charges and consistent with the General Assembly’s intent to preserve a single master collective bargaining agreement.

(iv) If the State’s Attorney and the exclusive bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Office of the State’s Attorney, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with the Montgomery County Code, Chapter 33, Article VII.

(6) There shall be only one collective bargaining agreement covering both county government employees and employees of the Office of the State’s Attorney and any agreements reached under this subsection shall be included in an appendix or addendum to the agreement between the county government and the exclusive bargaining representative.

(7) Any required funding for the terms of an agreement negotiated by the State’s Attorney under this subsection is subject to the budget and fiscal policies of the county.

(8) Except as provided in the county merit system law and personnel regulations, the provisions of this subsection and any agreement made under it may not impair the right and responsibility of the State’s Attorney to:

(i) determine the overall mission of the Office of the State’s Attorney and, subject to the budget and fiscal policies of the county, the Office of the State’s Attorney’s budget;

(ii) maintain and improve the efficiency and effectiveness of operations;

(iii) determine the services to be rendered and the operations to be performed;

(iv) determine the overall organizational structure, methods, processes, means, and personnel by which operations are to be conducted and the location of facilities;

(v) direct and supervise employees;

(vi) hire and select new employees;

(vii) establish the standards governing promotion of employees;

(viii) relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive;

(ix) take actions to carry out the mission of government in situations of emergency;

(x) transfer, assign, and schedule employees;

(xi) determine the size and composition of the workforce, subject to the county’s budget and fiscal policies;

(xii) set the standards of productivity and technology;

(xiii) establish employee performance standards and evaluate employees;

(xiv) make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards, subject to the budget and fiscal policies of the county;

(xv) introduce new or improved technology, research, development, and services;

(xvi) control and regulate the use of machinery, equipment, and other property and facilities of the Office of the State’s Attorney;

(xvii) maintain internal security standards;

(xviii) subject to paragraph (9) of this subsection, create, alter, combine, contract out, or abolish any operation, unit, or other division or service;

(xix) subject to paragraph (10) of this subsection, suspend, discharge, or otherwise discipline employees for just cause subject to the county merit system law and collective bargaining agreement where applicable; and

(xx) issue and enforce rules, policies, and regulations necessary to carry out the functions of this subsection and all other managerial functions that are not inconsistent with law or the terms of the collective bargaining agreement.

(9) (i) If contracting out work will displace employees, the State’s Attorney may not enter into the contract unless 90 days before signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the exclusive bargaining representative and the contract is consistent with any applicable provision of the Montgomery County Code.

(ii) Any displacement of bargaining unit members shall be conducted in a manner that is consistent with any applicable provision of the Montgomery County Code and any applicable collective bargaining agreement.

(10) Subject to § 404 of the Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a civilian employee may be subject to the grievance procedure established in the collective bargaining agreement.
Md. Code, Business Regulation § 15-205 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

(a) For an individual who is under the age of 18 years, an innkeeper may require a parent or guardian of the individual to:

(1) accept liability for the charges for the individual’s lodging and any damages to the lodging establishment caused by the individual; and

(2) provide a valid credit card or make an advance cash damage deposit of not more than $500 to cover any charges incurred or damages caused by the individual.

(b) If an innkeeper requires an advance deposit under subsection (a) of this section, the innkeeper shall, following a room inspection at the time of checkout, refund any amount of the deposit not needed to cover reasonable charges for damages.
Md. Code, Environment § 15-609 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-609
§15–609.
Status: in_force

(a) When, by sale, lease, assignment, or otherwise, one operator succeeds to the interest of another in any uncompleted mining operation, the Department may release the first operator from all liabilities imposed on him by this subtitle with reference to the operation and transfer the permit to the successor operator, if both operators have complied with the requirements of this subtitle and the successor operator assumes the duties and responsibilities of the first operator with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by § 15-612 of this subtitle.

(b) The successor operator shall pay a $20 fee on filing a transfer of permit.
Md. Code, Insurance § 15-211 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

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

“Notice of claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at .......... (insert the location of such office as the insurer may designate for the purpose), or to any authorized insurance producer of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.”

(b) In a policy that provides a loss-of-time benefit that may be payable for at least 2 years, an insurer may insert the following provision between the first and second sentences of the provision set forth in subsection (a) of this section:

“Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two years, he shall, at least once in every six (6) months after having given notice of the claim, give to the insurer notice of continuance of the disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured’s right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given.”
Md. Code, Estates and Trusts § 15-505 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-505
§15–505.
Status: reserved

(a) (1) An income beneficiary is entitled to net income from the date on which the income interest begins.

(2) An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

(b) An asset becomes subject to a trust:

(1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor’s life;

(2) On the date of a testator’s death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator’s estate; or

(3) On the date of an individual’s death in the case of an asset that is transferred to a fiduciary by a third party because of the individual’s death.

(c) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d) of this section, even if there is an intervening period of administration to wind up the preceding income interest.

(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
Md. Code, Insurance § 15-140 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-140
§15–140.
Status: in_force

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

(2) “Acute condition” means a medical or dental condition that:

(i) involves a sudden onset of symptoms due to an illness, an injury, or any other medical or dental problem that requires prompt medical attention; and

(ii) has a limited duration.

(3) “Carrier” means:

(i) an insurer authorized to sell health insurance;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

(4) “Enrollee” means:

(i) a person entitled to health care benefits from a carrier; or

(ii) a Program recipient who is enrolled in a managed care organization.

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

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

1. coverage only for accident or disability insurance or any combination of accident and disability insurance;

2. coverage issued as a supplement to liability insurance;

3. liability insurance, including general liability insurance and automobile liability insurance;

4. workers’ compensation or similar insurance;

5. automobile medical payment insurance;

6. credit–only insurance;

7. coverage for on–site medical clinics; or

8. 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.

(iii) “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:

1. limited scope vision benefits;

2. benefits for long–term care, nursing home care, home health care, community–based care, or any combination of these benefits; or

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

(iv) “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:

1. coverage only for a specified disease or illness; or

2. hospital indemnity or other fixed indemnity insurance.

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

1. Medicare Supplemental Insurance (as defined under § 1882(g)(1) of the Social Security Act);

2. 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

3. similar supplemental coverage provided to coverage under a group health plan.

(6) (i) “Health care provider” means:

1. a health care practitioner or group of health care practitioners licensed, certified, or otherwise authorized to provide, in the ordinary course of business or practice of a profession, health care services covered in a health benefit plan, the Maryland Medical Assistance Program, or the Maryland Children’s Health Program; or

2. a facility where health care is provided to patients or recipients including:

A. a hospital, as defined in § 19–301 of the Health – General Article;

B. a related institution as defined in § 19–301 of the Health – General Article;

C. a freestanding ambulatory care facility as defined in § 19–3B–01 of the Health – General Article;

D. a facility that is organized primarily to help in the rehabilitation of persons with disabilities;

E. a home health agency as defined in § 19–901 of the Health – General Article;

F. a hospice as defined in § 19–901 of the Health – General Article;

G. a facility that provides radiological or other diagnostic imagery services;

H. a medical laboratory as defined in § 17–201 of the Health – General Article;

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

J. a Federally Qualified Health Center.

(ii) “Health care provider” includes the agents, employees, officers, and directors of a health care provider described in subparagraph (i) of this paragraph.

(7) “Managed care organization” means:

(i) a certified health maintenance organization that is authorized to receive medical assistance prepaid capitation payments;

(ii) a corporation that:

1. is a managed care system that is authorized to receive medical assistance prepaid capitation payments;

2. enrolls only Program recipients or individuals or families served under the Maryland Children’s Health Program; and

3. is subject to the requirements of § 15–102.4 of the Health – General Article; or

(iii) a prepaid dental plan that receives fees to manage dental services.

(8) “Nonparticipating provider” means a health care provider who is not on the provider panel of a carrier or managed care organization.

(9) “Participating provider” means a health care provider who is on the provider panel of a carrier or managed care organization.

(10) “Prior authorization” means a utilization management technique that:

(i) is used by carriers and managed care organizations;

(ii) requires prior approval for a procedure, treatment, medication, or service before an enrollee is eligible for full payment of the benefit; and

(iii) is used to determine whether the procedure, treatment, medication, or service is medically necessary.

(11) “Program recipient” means an individual who receives benefits under the Maryland Medical Assistance Program.

(12) (i) “Provider panel” means the health care providers that contract either directly or through a subcontracting entity with a carrier or managed care organization to provide health care services to the enrollees of the carrier or managed care organization.

(ii) “Provider panel” does not include an arrangement in which any health care provider may participate solely by contracting with the carrier or managed care organization to provide health care services at a discounted fee–for–service rate.

(13) “Receiving carrier or managed care organization” means:

(i) the carrier that issues the new health benefit plan when an enrollee transitions from another carrier or a managed care organization; or

(ii) the managed care organization that accepts the enrollee when the enrollee transitions from another managed care organization or a carrier.

(14) “Relinquishing carrier or managed care organization” means:

(i) the carrier that issued the prior health benefit plan when an enrollee transitions to a new carrier or a managed care organization; or

(ii) the managed care organization in which an enrollee had been enrolled prior to the enrollee’s transition to a new managed care organization or a carrier.

(15) “Serious chronic condition” means a medical or dental condition due to a disease, an illness, or any other medical or dental problem that:

(i) is serious in nature;

(ii) persists without full cure or worsens over an extended period of time; and

(iii) is actively managed or supervised by a health care provider to maintain remission or prevent deterioration.

(16) “Third–party administrator” means an organization under contract with the Maryland Medical Assistance Program to administer certain benefits and services provided by the Maryland Medical Assistance Program.

(b) (1) The purpose of this section is to advance the State’s progress in:

(i) protecting Marylanders from harmful disruptions in health care services; and

(ii) promoting reasonable continuity of health care for Marylanders when transitioning:

1. from one carrier to another carrier; and

2. between a carrier and the Maryland Medical Assistance Program or the Maryland Children’s Health Program.

(2) This section:

(i) with respect to any benefit or service that is provided through the Maryland Medical Assistance fee–for–service program:

1. shall not apply when the enrollee is transitioning from a carrier to the Maryland Medical Assistance Program; and

2. except as provided in subsection (c) of this section, shall apply when the enrollee is transitioning from the Maryland Medical Assistance Program to a carrier;

(ii) shall apply to contracts issued or renewed on or after January 1, 2015; and

(iii) subject to subparagraph (i) of this paragraph, with respect to dental benefits, shall apply to covered services for which a coordinated treatment plan is in progress.

(c) (1) With respect to any benefit or service provided through the Maryland Medical Assistance fee–for–service program, this subsection shall apply:

(i) only to enrollees transitioning from the Maryland Medical Assistance Program to a carrier; and

(ii) only to behavioral health and dental benefits, to the extent they are authorized by a third–party administrator.

(2) Subject to paragraph (3) of this subsection, at the request of an enrollee or an enrollee’s parent, guardian, designee, or health care provider, a receiving carrier or managed care organization shall accept a preauthorization from a relinquishing carrier, managed care organization, or third–party administrator for:

(i) the procedures, treatments, medications, or services covered by the benefits offered by the receiving carrier or managed care organization; and

(ii) the following time periods:

1. the lesser of the course of treatment or 90 days; and

2. the duration of the three trimesters of a pregnancy and the initial postpartum visit.

(3) Subject to applicable laws relating to the confidentiality of medical records, including 42 C.F.R. Part 2, at the request and with the consent of an enrollee or an enrollee’s parent, guardian, or designee, a relinquishing carrier, managed care organization, or third–party administrator, shall provide a copy of a preauthorization to the enrollee’s receiving carrier or managed care organization within 10 days after receipt of the request.

(4) After the time periods under paragraph (2)(ii) have lapsed, the receiving carrier or managed care organization may elect to perform its own utilization review in order to:

(i) reassess and make its own determination regarding the need for continued treatment; and

(ii) authorize any continued procedure, treatment, medication, or service determined to be medically necessary.

(d) (1) Subject to paragraphs (2) through (5) of this subsection, at the request of an enrollee or an enrollee’s parent, guardian, designee, or health care provider, a receiving carrier or managed care organization shall allow a new enrollee to continue to receive health care services being rendered by a nonparticipating provider at the time of the enrollee’s transition to the receiving health benefit plan or managed care organization.

(2) (i) The services an enrollee shall be allowed to continue to receive are services for:

1. the following conditions:

A. acute conditions;

B. serious chronic conditions;

C. pregnancy; and

D. mental health conditions and substance use disorders; and

2. any other condition on which the nonparticipating provider and the receiving carrier or managed care organization reach agreement.

(ii) Examples of conditions set forth in subparagraph (i)1A and B of this paragraph may include:

1. bone fractures;

2. joint replacements;

3. heart attacks;

4. cancer;

5. HIV/AIDS; and

6. organ transplants.

(iii) An enrollee shall be allowed to continue to receive services for the conditions under this paragraph for the time periods under subsection (c)(2)(ii) of this section.

(3) (i) This paragraph does not apply to compensation rates or methods of payment established under § 14–205.2 of this article or § 19–710.1 of the Health – General Article.

(ii) Subject to paragraphs (4) and (5) of this subsection, the receiving carrier or managed care organization, with respect to the provision of the covered services, shall pay the nonparticipating provider the rate and method of payment the receiving carrier or managed care organization normally would pay and use for participating providers who provide similar services in the same or similar geographic area.

(iii) The nonparticipating provider may decline to accept the rate or method of payment under subparagraph (ii) of this paragraph by giving 10 days’ prior notice to the enrollee and receiving carrier.

(iv) Subject to paragraphs (4) and (5) of this subsection, if the nonparticipating provider does not accept the rate or method of payment under subparagraph (ii) of this paragraph, the nonparticipating provider and the receiving carrier or managed care organization may reach agreement on an alternative rate or method of payment for the provision of covered services.

(4) The rates and methods of payment under paragraph (3)(ii) and (iv) of this subsection shall:

(i) be subject to any State or federal requirements applicable to reimbursement for health care provider services, including:

1. § 1302(g) of the Affordable Care Act, which applies to reimbursement rates for Federally Qualified Health Centers; and

2. Title 19, Subtitle 2 of the Health – General Article, under which the Health Services Cost Review Commission establishes provider rates; and

(ii) ensure that:

1. an enrollee is not subject to balance billing; and

2. the copayments, deductibles, and any coinsurance required of an enrollee for the services rendered in accordance with this section are the same as those that would be required if the enrollee were receiving the services from a participating provider of the receiving carrier or managed care organization.

(5) If the nonparticipating provider does not accept the rate and method of compensation under paragraph (3)(ii) of this subsection, and the carrier or managed care organization does not reach an agreement with the nonparticipating provider for an alternative rate and method of payment under paragraph (3)(iv) of this subsection:

(i) the nonparticipating provider is not required to continue to provide the services;

(ii) § 14–205.3 of this article, under which an enrollee may assign benefits to a nonpreferred provider and the provider may balance bill the enrollee, shall apply to the extent it would apply absent this section; and

(iii) unless the enrollee has assigned benefits to a nonpreferred provider under § 14–205.3 of this article, the carrier or managed care organization shall facilitate transition of the enrollee to a provider on the provider panel of the carrier or managed care organization.

(e) (1) This section does not:

(i) require a carrier or managed care organization to cover services or provide benefits that are not otherwise covered under the terms and conditions of a health benefit plan, the Maryland Medical Assistance Program, or the Maryland Children’s Health Program; or

(ii) preclude a carrier or managed care organization from providing continuity of care beyond the requirements of this section within the parameters of the approved rates of the carrier or managed care organization.

(2) (i) To ensure continuity of treatment in progress for dental services provided to an enrollee, a relinquishing carrier may elect to allow an enrollee to continue to receive dental services being provided by a participating provider of the relinquishing carrier through an arrangement in which the relinquishing carrier pays the participating provider according to the rate and method of payment the relinquishing carrier normally would pay and use for the participating provider.

(ii) The rate and method of payment under subparagraph (i) of this paragraph shall comply with:

1. the prohibition on balance billing under subsection (d)(4)(ii) of this section; and

2. any copayments, deductibles, and coinsurance requirements in the enrollee’s health benefit plan under the relinquishing carrier.

(f) (1) A receiving carrier or managed care organization shall provide notice to a new enrollee of the enrollee’s options and responsibilities under this section in a manner prescribed by the Commissioner.

(2) The requirements of this section are:

(i) in addition to any other legal, professional, or ethical obligations of a carrier or managed care organization to provide continuity of care; and

(ii) not intended to limit or make more restrictive any other continuity of care requirements in State or federal law, regulations, or professional codes of conduct.

(g) The Commissioner and the Secretary of Health each may adopt regulations to enforce the requirements of this section.

(h) (1) The Commissioner, the Maryland Health Benefit Exchange, and the Secretary of Health shall collaborate to determine the data, to the extent its collection is feasible and permitted by law, that is necessary to:

(i) assess the implementation and efficacy of the requirements of this section; and

(ii) develop a process to evaluate and monitor continuity of care, with particular focus on newly eligible populations, any disparate or discriminatory impact on specific populations, and trends in health disparities.

(2) On request of the Commissioner, the Maryland Health Benefit Exchange, or the Secretary of Health carriers, managed care organizations, and health care providers shall provide the requisite data.
Md. Code, State Finance and Procurement § 15-103 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) It is the policy of the State to make a payment under a procurement contract:

(1) within 30 days after the day on which the payment becomes due and the unit receives a proper invoice; or

(2) for a small business reserve contract, within 15 days after the day on which the payment becomes due and the unit receives a proper invoice.

(b) Interest shall accrue in accordance with § 15–104 of this subtitle.
Md. Code, Business Occupations and Professions § 15-204 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-204
§15–204.
Status: in_force

(a) A majority of the authorized membership of the Board is a quorum.

(b) The Board shall determine the times and places of its meetings.

(c) A member of the Board:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Alcoholic Beverages and Cannabis § 15-2301 — MD Code / Article gab / Title 15 / Subtitle 23 / Section 15-2301
§15–2301.
Status: in_force

(a) The following sections of Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article apply in the county without exception or variation:

(1) § 4–802 (“Expiration of license on death of license holder”);

(2) § 4–804 (“Transfer or reinstatement of license”);

(3) § 4–805 (“Rights of protest, revocation, suspension, and restriction”); and

(4) § 4–806 (“Refund”).

(b) Section 4–803 (“Certificate of permission or renewal license for continuation of business”) of Division I of this article applies in the county, subject to § 15–2302 of this subtitle.
Md. Code, Insurance § 15-922 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-922
§15–922.
Status: in_force

(a) (1) In this section, “compensation” means any pecuniary or nonpecuniary remuneration related to the sale or renewal of a Medicare supplement policy or certificate.

(2) “Compensation” includes bonuses, gifts, and finders’ fees.

(3) “Compensation” does not include noncash prizes or awards.

(b) A carrier or other entity may provide a commission or other compensation to an insurance producer or other representative for the sale of a Medicare supplement policy or certificate only if the first year commission or other first year compensation is not more than 200% of the commission or other compensation paid for selling or servicing the Medicare supplement policy or certificate in the second year or period.

(c) A carrier or other entity must provide the same commission or other compensation in subsequent renewal years as the commission or other compensation provided in the second year or period and for no fewer than 5 renewal years.

(d) If an existing Medicare supplement policy or certificate is replaced, the carrier or other entity may not provide to its insurance producers or other producers, and an insurance producer or other producer may not receive, compensation greater than the renewal compensation payable by the succeeding carrier on renewal Medicare supplement policies or certificates.
Md. Code, Health - General § 15-405 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

In determining eligibility for medical assistance, an amount of resources equal to the amount of benefits paid under the long–term care policy shall be excluded from the Department’s calculation of the individual’s resources.
Md. Code, Estates and Trusts § 15-202 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary is authorized to receive, is not responsible for the proper application of the money or property by the fiduciary.

(b) A right or title to money or other property acquired from a fiduciary in consideration of payment or transfer is not invalid in consequence of a misapplication by the fiduciary.
Md. Code, Environment § 15-519 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-519
§15–519.
Status: in_force

(a) If the Department finds that the probable total annual production at all locations of a surface coal mining operator will not exceed 300,000 tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the Department, shall be assumed by the Department upon written request of the operator in connection with a permit application:

(1) The determination of probable hydrologic consequences required by § 15-505(c)(4) of this subtitle, including engineering analyses and designs necessary for the determination;

(2) The development of cross-section maps and plans required by § 15-505(c)(7) of this subtitle;

(3) The geologic drilling and statement of results of test borings and core samplings required by § 15-505(c)(3) of this subtitle;

(4) The collection of any archaeological and historical information required by the Department and the preparation of plans necessitated thereby;

(5) Preblast surveys required by the Department; and

(6) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this subtitle.

(b) The Department shall provide or assume the cost of training coal operators that meet the qualifications in subsection (a) of this section concerning the preparation of permit applications and compliance with the Maryland Surface Mining Control Program, and shall ensure that qualified coal operators are aware of the assistance available under this section.

(c) A coal operator that receives assistance pursuant to this section shall reimburse the Department for the cost of the services rendered if the Department finds that the operator’s actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.
Md. Code, Health - General § 15-301 — MD Code / Article ghg / Title 15 / Subtitle 3 / Section 15-301
§15–301.
Status: in_force

(a) There is a Maryland Children’s Health Program.

(b) The Maryland Children’s Health Program shall provide, subject to the limitations of the State budget and any other requirements imposed by the State and as permitted by federal law or waiver, comprehensive medical care and other health care services to an individual who:

(1) Does not qualify for coverage under § 15–103(a)(2) of this title; and

(2) Has a family income at or below 300 percent of the federal poverty guidelines and who is under the age of 19 years.

(c) (1) The Department shall provide eligible individuals and health care providers with an accurate directory or other listing of all available providers:

(i) In written form, made available upon request; and

(ii) On an Internet database.

(2) The Department shall update the Internet database at least every 30 days.

(3) The written directory shall include a conspicuous reference to the Internet database.

(d) The Department shall develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each Program enrollee or potential Program enrollee when providing information about the Program.
Md. Code, Education § 15-113 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-113
§15–113.
Status: in_force

(a) The Commission, in consultation with the public institutions of higher education in the State, shall develop and adopt guidelines on awarding academic credit for a student’s military training, coursework, and education.

(b) In accordance with the guidelines developed by the Commission under subsection (a) of this section, the governing body of each public institution of higher education in the State shall develop and implement policies governing the awarding of academic credit for a student’s military training, coursework, and education.
Md. Code, Land Use § 15-105 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) (1) The Montgomery County Council may remove or discipline any commissioner appointed from Montgomery County before the expiration of the commissioner’s term.

(2) With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may remove any commissioner appointed from Prince George’s County before the expiration of the commissioner’s term.

(b) (1) Except as provided in paragraph (2) of this subsection, before a commissioner may be removed or disciplined under subsection (a) of this section:

(i) the cause for removal or disciplinary action shall be stated in writing; and

(ii) a public hearing shall be held on the removal or disciplinary action.

(2) In Prince George’s County, the commissioner sought to be removed may waive in writing the public hearing held by the County Council.
Md. Code, Environment § 15-825 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-825
§15–825.
Status: in_force

(a) The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the permittee to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or upon revocation of the permit. The Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited.

(b) On the permittee’s showing of cause, the Department shall provide for a reasonable time, for the permittee to restore the land to comply with the permit.

(c) On failure of the permittee to show cause, the bond or cash deposit shall be forfeited nisi, and notice by the Department shall be given to the permittee and legal owner of the land if different from the permittee and surety of the forfeiture. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days from the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.

(d) On an absolute forfeiture, the Department shall use the funds made available by the forfeiture to reclaim the affected land as promptly and completely as possible.
Md. Code, Insurance § 15-1307 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1307
§15–1307.
Status: in_force

(a) The actuarial value of benefits provided under individual health insurance coverage shall be calculated based on a standardized population and a set of standardized utilization and cost factors.

(b) A carrier shall submit any information the Commissioner may require to support and justify the carrier’s calculations of actuarial values.
Md. Code, Transportation § 15-1008 — MD Code / Article gtr / Title 15 / Subtitle 10 / Section 15-1008
§15–1008.
Status: in_force

(a) A manufacturer or distributor may not sell a new recreational vehicle in the State to or through a dealer without having first entered into a written dealer agreement that has been signed by both parties.

(b) (1) Except as specified in paragraph (2) of this subsection, the manufacturer shall designate the duration of the dealer agreement and the area of sales exclusively assigned to a dealer in the dealer agreement and may not make changes to the terms specified in the agreement.

(2) The terms specified in the dealer agreement may be altered with written mutual consent of both parties.

(c) A dealer may not sell a new recreational vehicle in the State unless:

(1) The dealer is licensed by the Administration under Subtitle 3 of this title;

(2) The dealer has entered into a dealer agreement; and

(3) The dealer is selling within the area of sales designated in the dealer agreement.

(d) (1) A manufacturer or distributor shall distribute recreational vehicles to its dealers in a fair and equitable manner.

(2) On request, a manufacturer or distributor shall provide information on its manner of distribution to dealers.

(e) A manufacturer or distributor shall provide adequate repair instructions to its licensed dealers to facilitate the dealers performing proper service and repairs on recreational vehicles.
Md. Code, Health - General § 15-103.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.3
§15–103.
Status: reserved

§15–103.3.

(a) There is a HealthChoice Performance Incentive Fund established in the Department.

(b) (1) The Department shall pay all fines collected under § 15–103(b)(12)(v) of this subtitle and penalties collected under § 15–103.7(e)(2)(iv) of this subtitle to the Comptroller of the State.

(2) The Comptroller shall distribute the fines to the Fund.

(c) (1) The Fund shall be used exclusively for the provider reimbursement budget under the HealthChoice Program, including providing financial incentives designed to improve the quality of care to managed care organizations that exceed performance targets.

(2) The Fund is a continuing nonlapsing fund not subject to § 7–302 of the State Finance and Procurement Article.

(3) Except as provided in paragraph (4) of this subsection, any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this section.

(4) At the end of each fiscal year, any amount in excess of $5 million shall revert to the General Fund.

(d) (1) The Secretary or the Secretary’s designee shall administer the Fund.

(2) The Secretary shall adopt regulations to carry out the provisions of this section, including the distribution of money from the Fund to managed care organizations.

(e) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 15-1403 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1403
§15–1403.
Status: in_force

When considering an application for a new license, the Board shall keep all criminal history record information in a sealed envelope available only to the members of the Board and their designees.
Md. Code, Environment § 15-528 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-528
§15–528.
Status: in_force

(a) Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle:

(1) Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or

(2) Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle.

(b) An action may not be commenced under subsection (a) of this section:

(1) Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or

(2) If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right.

(c) The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle.

(d) This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail.
Md. Code, Insurance § 15-120 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-120
§15–120.
Status: in_force

(a) Subject to subsection (b) of this section, the Commissioner shall adopt by regulation a uniform consultation referral form for use by insurers, nonprofit health service plans, and health maintenance organizations that require insureds or subscribers to have a written referral to receive consultation services.

(b) The Commissioner may waive the requirements of regulations adopted under subsection (a) of this section for the use of uniform consultation referral forms for an entity that uses the forms solely for internal purposes.

(c) The Commissioner, in consultation with the Maryland Health Care Commission, shall adopt by regulation standards for the electronic transmission of the data elements contained in the uniform consultation referral form.
Md. Code, Criminal Procedure § 15-411 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-411
§15–411.
Status: in_force

(a) This section applies only in Frederick County.

(b) (1) The State’s Attorney’s annual salary is $188,777.

(2) The State’s Attorney’s salary shall be increased annually in a percentage equal to the average annual increment and salary adjustment given to Frederick County employees over the State’s Attorney’s prior 4–year term.

(3) The county commissioners shall:

(i) provide an office in the courthouse for the State’s Attorney;

(ii) pay the office expenses, including general operating expenses and the cost of equipment; and

(iii) pay the reasonable salary of a stenographer to be appointed by the State’s Attorney.

(c) (1) (i) The State’s Attorney may appoint two deputy State’s Attorneys who shall:

1. serve at the pleasure of the State’s Attorney; and

2. under the direction of the State’s Attorney, present cases to the grand jury and perform other necessary duties in relation to the grand jury and the operation of the office.

(ii) Subject to the approval of the county commissioners, the State’s Attorney shall set the salary of each deputy State’s Attorney.

(2) The State’s Attorney may appoint the number of full–time and part–time assistant State’s Attorneys that are approved by the county commissioners and who:

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

(ii) receive the compensation that the county commissioners approve; and

(iii) have the same legal powers that the State’s Attorney has to present cases to the grand jury and perform other necessary duties in relation to the grand jury and the operation of the office.

(d) (1) Subject to the approval of the county commissioners, the State’s Attorney may appoint other staff.

(2) Employees appointed under this subsection shall:

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

(ii) receive the compensation that the county commissioners approve.

(e) The State’s Attorney and deputy State’s Attorneys may not engage in the private practice of law.
Md. Code, Insurance § 15-405 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer that holds a certificate of authority in the State and provides health insurance in the State;

(ii) a health maintenance organization that is licensed to operate in the State; or

(iii) a nonprofit health service plan that is licensed to operate in the State.

(3) “Health insurance coverage” means health care coverage under which medical care services can be provided to a child.

(4) “Insuring parent” means a parent who:

(i) is required under a court or administrative order to provide health insurance coverage for a child; or

(ii) otherwise provides health insurance coverage for a child.

(5) “Medical support notice” means a notice that is:

(i) in a format prescribed by federal law; and

(ii) issued by a child support agency to enforce the health insurance coverage provisions of a child support order.

(6) “Order” means a ruling that:

(i) is issued by a court of this State or another state or an administrative agency of another state; and

(ii) 1. creates or recognizes the right of a child to receive benefits under a parent’s health insurance coverage; or

2. establishes a parent’s obligation to pay child support and provide health insurance coverage for a child.

(7) “Qualified medical support order” means a medical child support order issued under State law that complies with § 609(a) of the Employee Retirement Income Security Act of 1974 (ERISA).

(b) This section applies to:

(1) insurers, nonprofit health service plans, and health maintenance organizations that operate in the State under a certificate of authority;

(2) group health plans, as defined in § 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA); and

(3) persons that offer a service benefit plan, as defined in federal law.

(c) If a parent eligible for family members’ coverage is required under an order to provide health insurance coverage for a child, an entity subject to this section:

(1) shall allow the insuring parent to enroll in family members’ coverage and include the child in that coverage regardless of enrollment period restrictions;

(2) if the insuring parent is enrolled in health insurance coverage but does not include the child in the enrollment, shall:

(i) allow the noninsuring parent, child support enforcement agency, or Maryland Department of Health to apply for enrollment on behalf of the child; and

(ii) include the child in the coverage regardless of enrollment period restrictions; and

(3) may not terminate health insurance coverage for the child unless written evidence is provided to the entity that:

(i) the order is no longer in effect;

(ii) the child has been or will be enrolled under other reasonable health insurance coverage that will take effect on or before the effective date of the termination;

(iii) the employer has eliminated family members’ coverage for all of its employees; or

(iv) the employer no longer employs the insuring parent, except that if the parent elects to exercise the provisions of the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), coverage shall be provided for the child consistent with the employer’s plan for postemployment health insurance coverage for dependents.

(d) Notwithstanding any other provision of this article, an entity subject to this section may not deny enrollment of a child under the health insurance coverage of an insuring parent because the child:

(1) was born out of wedlock;

(2) is not claimed as a dependent on the insuring parent’s federal income tax return;

(3) does not reside with the insuring parent or in the service area of the entity; or

(4) is receiving benefits or is eligible to receive benefits under the Maryland Medical Assistance Program.

(e) If a child has health insurance coverage through an insuring parent, an entity subject to this section shall:

(1) provide to the noninsuring parent membership cards, claims forms, and any other information necessary for the child to obtain benefits through the health insurance coverage; and

(2) process the claims forms and make appropriate payment to the noninsuring parent, health care provider, or Maryland Department of Health if the noninsuring parent incurs expenses for health care provided to the child.

(f) Within 20 business days after receipt of a medical support notice from an employer, the carrier:

(1) shall determine whether the medical support notice contains:

(i) the employee’s name and mailing address; and

(ii) the child’s name and the child’s mailing address or the address of a substituted official;

(2) if the medical support notice does not contain the information described in paragraph (1) of this subsection, shall complete and forward the appropriate part of the medical support notice to the issuing child support enforcement agency advising that the medical support notice does not constitute a qualified medical child support order; and

(3) if the medical support notice contains the information described in paragraph (1) of this subsection, shall comply with the following requirements:

(i) determine the child’s eligibility for enrollment;

(ii) complete and send the appropriate part of the medical support notice to the employer and the Child Support Administration;

(iii) enroll the child if the child is eligible for enrollment, subject to subsection (g) of this section;

(iv) send to the employee, child, and custodial parent of the child a written notice that explains that the coverage of the child is or will become available to the child; and

(v) send to the custodial parent of the child a written description of:

1. the health insurance coverage;

2. the effective date of coverage;

3. the employee’s cost for the health insurance coverage; and

4. if not already provided:

A. a summary plan description;

B. any forms, documents, or information necessary to effectuate coverage; and

C. any information necessary to submit claims for benefits.

(g) If the employee’s eligibility for health insurance coverage is subject to a waiting period that has not been completed, the carrier:

(1) shall complete and send the appropriate part of the medical support notice to the employer and the issuing child support agency within 20 business days after receipt of the medical support notice from the employer; and

(2) on the employee’s satisfaction of the waiting period, shall complete enrollment of the child in accordance with this section and send the notice and information required under subsection (f)(3) of this section.

(h) If the employee’s health insurance plan requires that the employee be enrolled in order for the child to be enrolled and the employee is not currently enrolled, the carrier shall enroll both the employee and the child, without regard to enrollment period restrictions, within the time period specified in subsection (f) of this section.

(i) If a child is eligible for enrollment, the carrier shall complete the enrollment without regard to enrollment period restrictions, within the time periods specified in subsections (f) and (g) of this section.

(j) The requirement for notification of the child under subsection (f)(3)(iv) of this section may be satisfied by notifying the custodial parent if the child and the custodial parent live at the same address.