Md. Code, Education § 15-106.1 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.1
§15–106.
Status: in_force

§15–106.1.

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

(2) (i) “Foster care recipient” means an individual who:

1. Was placed in an out–of–home placement by the Department of Human Services; and

2. A. Resided in an out–of–home placement on the individual’s 18th birthday or at the time the individual graduated from high school or successfully completed a GED; or

B. Resided in an out–of–home placement on or after the individual’s 13th birthday for at least 1 year and was placed into guardianship, adopted, or reunited with at least one of the individual’s parents.

(ii) “Foster care recipient” includes a younger sibling of an individual described in subparagraph (i) of this paragraph if the younger sibling is concurrently placed into guardianship or adopted out of an out–of–home placement by the same guardianship or adoptive family.

(3) “Homeless youth” means a child or youth who:

(i) Has had a consistent presence in the State for at least 1 year before enrollment in a public institution of higher education that is documented by school, employment, or other records; and

(ii) Has been verified as a homeless child or youth, as defined by the federal McKinney–Vento Homeless Assistance Act, at any time during the 24 months immediately preceding the student’s enrollment in a public institution of higher education or while the student is enrolled in a public institution of higher education by:

1. The Director or designee of a governmental or nonprofit entity that receives public or private funding to provide services to persons experiencing homelessness;

2. A local educational agency liaison for children and youth experiencing homelessness designated in accordance with the federal McKinney–Vento Homeless Assistance Act;

3. A school counselor;

4. A school social worker;

5. The Director or a designee of a federal or State outreach and student services program designed to identify and provide services to economically disadvantaged individuals;

6. The Director or a designee of a federal or State program for providing early awareness and readiness for undergraduate programs; or

7. The Director or a designee of the Director of a financial aid department at the public institution of higher education in which the youth is enrolled or seeks to enroll.

(4) “Out–of–home placement” has the meaning stated in § 5–501 of the Family Law Article.

(5) (i) “Tuition” means the charges imposed by a public institution of higher education for enrollment at the institution.

(ii) “Tuition” includes charges for registration and all fees required as a condition of enrollment in credit–bearing and noncredit courses offered during the fall, winter, spring, or summer term.

(6) “Vocational certificate” means a certificate or license awarded by a public institution of higher education on completion of a course of study that prepares an individual to work in a career field by taking credit–bearing courses or noncredit courses.

(b) (1) A foster care recipient or homeless youth is exempt from paying any tuition at a public institution of higher education, regardless of that foster care recipient’s or homeless youth’s receipt of any scholarship or grant if:

(i) The foster care recipient or homeless youth is enrolled at the institution on or before the date that the foster care recipient or homeless youth reaches the age of 25 years;

(ii) The foster care recipient or homeless youth is enrolled as a candidate for a vocational certificate, an associate’s degree, or a bachelor’s degree; and

(iii) The foster care recipient or homeless youth has filed for federal and State financial aid.

(2) If a foster care recipient or homeless youth receives a scholarship or grant for postsecondary study and is enrolled before the recipient’s 25th birthday as a candidate for a vocational certificate, an associate’s degree, or bachelor’s degree at a public institution of higher education, the scholarship or grant may not be applied to the tuition for the foster care recipient or homeless youth.

(3) A foster care recipient or homeless youth who is exempt from tuition under this section continues to be exempt until the earlier of:

(i) 10 years after first enrolling as a candidate for an associate’s degree or a bachelor’s degree at a public institution of higher education in the State; or

(ii) The date that the foster care recipient or homeless youth is awarded a bachelor’s degree.

(4) If a public institution of higher education provides on–campus housing, a foster care recipient or homeless youth who is exempt from tuition under this section shall receive priority consideration for on–campus housing at the institution at which the student is enrolled.

(c) (1) If a public institution of higher education determines that a student is a homeless youth, on request of the student, a public institution of higher education shall notify any public institution of higher education in which the student subsequently enrolls of the student’s designation as a homeless youth.

(2) If a public institution of higher education receives notice of a student’s designation as a homeless youth under paragraph (1) of this subsection, the public institution of higher education shall designate the student as a homeless youth.

(d) Each public institution of higher education shall:

(1) (i) Designate a homeless and foster student liaison within its financial aid office or another appropriate office within the institution;

(ii) Ensure that the homeless and foster student liaison has expertise in the financial aid eligibility of homeless and foster students; and

(iii) Include as part of the homeless and foster student liaison’s duties providing assistance to homeless and foster students in applying for federal and State financial aid or other assistance for which they may be eligible;

(2) Inform current and prospective students about the homeless and foster student liaison and the services the liaison provides; and

(3) (i) Make the application for the tuition exemption established under this section available to prospective and current students; and

(ii) Notify students of the availability of the application.

(e) (1) Each public institution of higher education shall establish a process for a foster care recipient or homeless youth to appeal a denial of a tuition exemption application.

(2) The appeal process shall include:

(i) Written notification to the foster care recipient or homeless youth of the right to appeal;

(ii) A timely opportunity for the foster care recipient or homeless youth to be heard; and

(iii) A written decision indicating the outcome of the appeal and the reason for the outcome within 30 days of submission of the appeal.

(f) (1) On or before June 1 of each year, each public institution of higher education in the State shall report to the Commission on the aggregate and disaggregate number of foster care recipients and homeless youth, including data disaggregated by age, race, ethnicity, sexual orientation, and gender identity, who:

(i) Received a tuition exemption under this section during the prior academic year;

(ii) Applied for but did not receive a tuition exemption under this section during the prior academic year and the reason for the denial;

(iii) Previously received a tuition exemption under this section at any point during their enrollment at the institution but did not receive the tuition exemption during the prior academic year and the reason for not continuing to receive the exemption;

(iv) Earned a bachelor’s degree, an associate’s degree, or a vocational certificate from the institution during the prior academic year; and

(v) Filed an appeal in accordance with subsection (e) of this section, including the outcome of each appeal and the reason for each appeal denial.

(2) On or before June 1 each year, each public institution of higher education shall submit to the Commission a brief description of any forms used in conjunction with the tuition exemption established under this section.
Md. Code, State Finance and Procurement § 15-111 — MD Code / Article gsf / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

(a) Within 60 days after the end of each fiscal year, each primary procurement unit shall submit to the Chief Procurement Officer a report on each procurement contract that was awarded during the preceding fiscal year, whether the procurement was conducted by the primary procurement unit or subject to review by the primary procurement unit, and:

(1) was exempt from the notice requirements of § 13–103(c) of this article because the procurement officer reasonably expected that the procurement contract would be performed entirely outside this State and the District of Columbia;

(2) cost more than the small procurement amount specified in § 13–109 of this article and was awarded for the procurement of services, construction related services, architectural services, or engineering services; or

(3) was awarded on the basis of:

(i) § 13–107 of this article (“Sole source procurement”);

(ii) § 13–108(a) of this article (“Emergency procurement”); or

(iii) § 13–108(c) of this article (“Expedited procurement”).

(b) (1) A report required under subsection (a)(2) or (3) of this section shall include:

(i) the name of each contractor;

(ii) the type and cost of the procurement contract; and

(iii) a description of the procurement.

(2) A report required under subsection (a)(3) of this section shall include:

(i) a description of the basis for the award;

(ii) the identity of the department or agency that awarded the contract;

(iii) the identity of any agency official required to authorize the contract for award;

(iv) the award date of the procurement contract and the final date of the contract term;

(v) the date the contract award was posted to eMaryland Marketplace; and

(vi) for procurements awarded under § 13–108(b) of this article (“Emergency procurement”):

1. the number of days between the agency declaration of an emergency procurement and the contract award date;

2. the date of the emergency declaration for each procurement; and

3. for an award that must be reported to the Board, the date the award was reported to the Board.

(c) Within 90 days after the end of each fiscal year, the Chief Procurement Officer shall submit to the Governor, the Legislative Policy Committee, the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee a consolidated report that includes each report required under subsection (a) of this section.

(d) Within 90 days after the end of each fiscal year, the Department of General Services shall submit to the Board and the General Assembly a report on each class of procurement for which the procedure for noncompetitive negotiated procurement has been approved under § 13–106 of this article.

(e) A report to the General Assembly or a committee of the General Assembly under this section is subject to § 2–1257 of the State Government Article.
Md. Code, Estates and Trusts § 15-516 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-516
§15–516.
Status: reserved

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

(2) (i) “Payment” means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments.

(ii) “Payment” includes:

1. A payment made in money or property from the payer’s general assets or from a separate fund created by the payer; or

2. For the purposes of subsection (d), (e), (f), or (g) of this section, any payment from a separate fund, regardless of the reason for the payment.

(3) “Separate fund” includes a private or commercial annuity, an individual retirement account, and a pension, profit–sharing, stock–bonus, or stock–ownership plan.

(b) (1) To the extent that a payment is characterized as interest, a dividend, or a payment made in lieu of interest or a dividend, a trustee shall allocate the payment to income.

(2) The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment.

(c) (1) If no part of a payment is characterized as interest, a dividend, or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10% of the part that is required to be made during the accounting period and the balance to principal.

(2) If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal.

(3) For purposes of this subsection, a payment is not “required to be made” to the extent that it is made because the trustee exercises a right of withdrawal.

(d) Except as otherwise provided in subsection (e) of this section, subsections (f) and (g) of this section apply, and subsections (b) and (c) of this section do not apply, in determining the allocation of a payment made from a separate fund to:

(1) A trust to which an election to qualify for a marital deduction under § 2056(b)(7) of the Internal Revenue Code of 1986 has been made; or

(2) A trust that qualifies for the marital deduction under § 2056(b)(5) of the Internal Revenue Code of 1986.

(e) Subsections (d), (f), and (g) of this section do not apply if, and to the extent that, the series of payments would, without the application of subsection (d) of this section, qualify for the marital deduction under § 2056(b)(7)(C) of the Internal Revenue Code of 1986.

(f) (1) A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this subtitle.

(2) On request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust.

(3) The trustee shall allocate:

(i) A payment from the separate fund to income to the extent of the amount of the internal income of the separate fund and distribute that amount to the surviving spouse; and

(ii) The balance of the payment to principal.

(4) On request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

(g) (1) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal 4% of the fund’s value, according to the most recent statement of value before the beginning of the accounting period.

(2) If the trustee cannot determine both the internal income of the separate fund and the fund’s value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under § 7520 of the Internal Revenue Code of 1986 for the month preceding the accounting period for which the computation is made.

(h) This section does not apply to payments to which § 15–517 of this subtitle applies.
Md. Code, Business Occupations and Professions § 15-210 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

Any person aggrieved by any final action of the Board may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Insurance § 15-1408 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1408
§15–1408.
Status: in_force

A carrier shall renew group health benefit plans at the option of the policyholder or plan sponsor, except in any of the following cases:

(1) for nonpayment of the required premium;

(2) where the policyholder or plan sponsor has performed an act or practice that constitutes fraud;

(3) where the policyholder or plan sponsor has made an intentional misrepresentation of material fact under the terms of the coverage;

(4) where the policyholder or plan sponsor has failed to comply with a material plan provision relating to the employer contributions or group participation rules;

(5) where the carrier elects not to renew all group health benefit plans in the State;

(6) in the case of a health maintenance organization, where there is no longer any enrollee who lives, resides, or works in the health maintenance organization’s approved service area, provided notice of the nonrenewal is provided to each employer and to each employee covered under the health benefit plan at least 90 days before the date coverage will be terminated;

(7) in the case of a carrier that offers coverage only through one or more bona fide associations, when the membership of an employer in the association ceases and nonrenewal under this item is applied uniformly without regard to any health status–related factor relating to any covered individual; or

(8) the carrier makes an election under § 15–1409 of this subtitle.
Md. Code, Insurance § 15-138 — MD Code / Article gin / 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) “Ambulance” means any conveyance designed and constructed or modified and equipped to be used, maintained, or operated to transport individuals who are sick, injured, wounded, or otherwise incapacitated.

(3) “Ambulance service provider” means a provider of ambulance services that:

(i) is owned, operated, or under the jurisdiction of a political subdivision of the State or a volunteer fire company or volunteer rescue squad; or

(ii) has contracted to provide ambulance services for a political subdivision of the State.

(4) “Assignment of benefits” means the transfer by an insured, a subscriber, or an enrollee of health care coverage reimbursement benefits or other rights under a health insurance policy or contract.

(5) “Carrier” means:

(i) an insurer that provides benefits on an expense–incurred basis;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(6) “Nonpreferred provider” has the meaning stated in § 14–201 of this article.

(7) “Preferred provider” has the meaning stated in § 14–201 of this article.

(8) “Preferred provider insurance policy” has the meaning stated in § 14–201 of this article.

(b) This section applies to individual or group policies or contracts issued or delivered in the State by a carrier.

(c) (1) Except for a health maintenance organization, a carrier shall reimburse directly an ambulance service provider that obtains an assignment of benefits from an insured, a subscriber, or an enrollee for covered services provided to the insured, subscriber, enrollee, or any other individual covered by a policy or contract issued by the carrier.

(2) A health maintenance organization shall reimburse an ambulance service provider directly for covered services provided to a subscriber, enrollee, or any other individual covered by a policy or contract issued by the health maintenance organization.

(d) (1) This subsection applies to an ambulance service provider that receives direct reimbursement under subsection (c) of this section.

(2) Except as provided in paragraph (4) of this subsection, an insured, a subscriber, or an enrollee may not be liable to an ambulance service provider for covered services.

(3) An ambulance service provider or a representative of the ambulance service provider may not:

(i) collect or attempt to collect from an insured, a subscriber, or an enrollee of a carrier any money owed to the ambulance service provider by the carrier for covered services rendered to the insured, subscriber, or enrollee by the ambulance service provider; or

(ii) maintain any action against an insured, a subscriber, or an enrollee of a carrier to collect or attempt to collect any money owed to the ambulance service provider by the carrier for covered services rendered to the insured, subscriber, or enrollee by the ambulance service provider.

(4) An ambulance service provider or a representative of the ambulance service provider may collect or attempt to collect from an insured, a subscriber, or an enrollee of a carrier:

(i) any copayment, deductible, or coinsurance amount owed by the insured, subscriber, or enrollee for covered services rendered to the insured, subscriber, or enrollee by the ambulance service provider;

(ii) if Medicare is the primary insurer and the carrier is the secondary insurer, any amount up to the Medicare–approved or limiting amount, as specified under the federal Social Security Act, that is not owed to the ambulance service provider by Medicare or the carrier after coordination of benefits has been completed, for Medicare covered services rendered to the insured, subscriber, or enrollee by the ambulance service provider; and

(iii) any payment or charge for services that are not covered services.

(e) (1) Notwithstanding § 19–710.1 of the Health – General Article, a health maintenance organization’s allowed amount for a covered health care service provided by an ambulance service provider that is not under written contract with the health maintenance organization may not be less than the allowed amount paid to an ambulance service provider that is under written contract with the health maintenance organization for the same covered service in the same geographic region, as defined by the Centers for Medicare and Medicaid Services.

(2) An insurer’s or nonprofit health service plan’s allowed amount for a health care service covered under a preferred provider insurance policy and provided by an ambulance service provider that is a nonpreferred provider may not be less than the allowed amount paid to an ambulance service provider who is a preferred provider for the same health care service in the same geographic region, as defined by the Centers for Medicare and Medicaid Services.

(f) The Commissioner may adopt regulations to implement this section.
Md. Code, Insurance § 15-135 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-135
§15–135.
Status: in_force

(a) (1) In this section, “annual preventive care” means an annual preventive visit, screening, or examination that is a covered benefit under a policy or contract issued or delivered by an entity subject to this section.

(2) “Annual preventive care” includes, if the service is a covered benefit:

(i) an annual child wellness visit;

(ii) a routine gynecological visit;

(iii) a screening test or examination for colorectal cancer, chlamydia, human papillomavirus, prostate cancer, or breast cancer; and

(iv) an annual vision visit that includes a vision examination.

(b) This section applies to:

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

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

(c) An entity subject to this section that provides covered benefits for annual preventive care shall provide coverage for the annual preventive care if:

(1) the annual preventive care is provided no more than once at any time during the plan year established in the policy or contract; and

(2) any other requirements for coverage of the annual preventive care are met.

(d) This section may not be construed to require coverage for a service not otherwise required by law.
Md. Code, Insurance § 15-135.1 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-135.1
§15–135.
Status: in_force

§15–135.1.

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

(2) “Carrier” means an insurer, nonprofit health service plan, health maintenance organization, or dental plan organization that provides dental benefits on an expense–incurred basis under policies or contracts issued or delivered in the State.

(3) “Dental preventive care” means a preventive dental visit, screening, oral examination, teeth cleaning (prophylaxis), fluoride treatment, or routine preventive service that is a covered benefit under a policy or contract issued or delivered by a carrier.

(b) If benefits for dental preventive care are available and all other requirements for the coverage of dental preventive care are met, a carrier shall provide coverage for dental preventive care:

(1) at any time during the plan year for a policy or contract that provides coverage for dental preventive care once during the plan year; or

(2) subject to subsection (c) of this section, in accordance with any frequency limitation for a policy or contract that provides coverage for dental preventive care more than once during the plan year.

(c) A carrier may not impose a frequency limitation on dental preventive care that requires the dental preventive care to be provided at an interval greater than 120 days during a plan year.

(d) This section may not be construed to require coverage for a service not otherwise required by law.
Md. Code, Health - General § 15-1003 — MD Code / Article ghg / Title 15 / Subtitle 10 / Section 15-1003
§15–1003.
Status: in_force

§15–1003. IN EFFECT

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

(a) The Program shall:

(1) Provide a prescription drug benefit subsidy, as determined by the Department, that may pay all or some of the deductibles, coinsurance payments, premiums, and copayments under the federal Medicare Part D Pharmaceutical Assistance Program for enrollees of the Program; and

(2) Provide the subsidy to the maximum number of individuals eligible for enrollment in the Program, subject to the money available in the Fund.

(b) The Program may limit payment of any subsidy by paying the subsidy only on behalf of eligible individuals enrolled in a Medicare Part D Prescription Drug Plan or Medicare Advantage Plan that coordinates with the Program in accordance with federal requirements.

(c) The Program may annually provide an additional subsidy, up to the full amount of the Medicare Part D Prescription Drug Plan premium, for individuals who qualify for a partial federal low–income subsidy.

(d) The Department shall maintain a waiting list of individuals who meet the eligibility requirements for the Program but who are not served by the Program due to funding limitations.

(e) The Department shall determine annually:

(1) The number of individuals to be enrolled in the Program;

(2) The amount of subsidy to be provided under subsection (a) of this section; and

(3) The amount of any additional subsidy provided under subsection (c) of this section.
Md. Code, Insurance § 15-1401 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1401
§15–1401.
Status: in_force

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

(b) “Association” or “bona fide association” means, with respect to health insurance coverage offered in this State, an association that:

(1) has been actively in existence for at least 5 years;

(2) has been formed and maintained in good faith for purposes other than obtaining insurance and does not condition membership on the purchase of association–sponsored insurance;

(3) does not condition membership in the association on any health status–related factor relating to an individual, and states so clearly in all membership and application materials;

(4) makes health insurance coverage offered through the association available to all members regardless of any health status–related factor relating to the members or individuals eligible for coverage through a member and states so clearly in all membership and application materials;

(5) does not make health insurance coverage offered through the association available other than in connection with membership in the association and states so clearly in all marketing and application materials; and

(6) provides and annually updates information necessary for the Commissioner to determine whether or not the association meets the definition of bona fide association before qualifying as an association under this subtitle.

(c) “Carrier” means a person that is:

(1) an insurer that holds a certificate of authority in the State and provides health insurance in the State;

(2) a health maintenance organization that is licensed to operate in the State;

(3) a nonprofit health service plan that is licensed to operate in the State; or

(4) any other person or organization that provides health benefit plans subject to State insurance regulation.

(d) “Church plan” means a plan as defined under § 3(33) of the Employee Retirement Income Security Act of 1974.

(e) “Employer sponsored plan” means an employee welfare benefit plan that provides medical care to employees or their dependents, and is not subject to State regulation in accordance with the federal Employee Retirement Income Security Act of 1974.

(f) “Enrollment date” means the date on which:

(1) an individual enrolls in a health benefit plan; or

(2) the first day of the waiting period before which the individual may enroll.

(g) “Governmental plan” means a plan as defined in § 3(32) of the Employee Retirement Income Security Act of 1974 and any federal governmental plan.

(h) (1) “Health benefit plan” means any:

(i) hospital or medical policy, including those issued under multiple employer trusts or associations located in Maryland or any other state covering Maryland residents;

(ii) policy or contract issued by a nonprofit health service plan that covers Maryland residents; or

(iii) health maintenance organization subscriber or group master contract.

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

(i) one or more, or any combination of the following:

1. coverage only for accident or disability income 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; and

8. other similar insurance coverage, specified in federal regulations issued under the federal Health Insurance Portability and Accountability Act, under which benefits for medical care are secondary or incidental to other insurance benefits;

(ii) 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 dental or vision benefits;

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

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

(iii) the following benefits if offered as independent, noncoordinated benefits:

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

2. hospital indemnity or other fixed indemnity insurance, if the benefits are payable in a fixed dollar amount per period of time, regardless of the amount of expenses incurred; or

(iv) the following benefits if offered as a separate insurance policy:

1. Medicare supplemental health 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; and

3. similar supplemental coverage provided to coverage under an employer sponsored plan if the coverage qualifies for the exception described in 45 C.F.R. § 146.145(b)(5)(i)(C).

(i) “Health status–related factor” means a factor related to:

(1) health status;

(2) medical condition;

(3) claims experience;

(4) receipt of health care;

(5) medical history;

(6) genetic information;

(7) evidence of insurability including conditions arising out of acts of domestic violence; or

(8) disability.

(j) “Late enrollee” means a member, subscriber, or dependent who enrolls in a group health benefit plan other than during:

(1) the first period in which the individual is eligible to enroll under the plan; or

(2) a special enrollment period.

(k) “Preexisting condition” means a condition that was present before the date of enrollment for coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before that date.

(l) “Preexisting condition provision” means a provision in a health benefit plan that denies, excludes, or limits benefits for an enrollee for expenses or services related to a preexisting condition.

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

(n) “Special enrollment period” means a period during which a group health plan shall permit certain individuals who are eligible for coverage, but not enrolled, to enroll for coverage under the terms of the group health benefit plan.

(o) “Waiting period” means the period of time that must pass before an individual is eligible to be covered for benefits under the terms of a group health benefit plan.
Md. Code, Insurance § 15-1A-17 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-17
§15–1A–17.
Status: in_force

(a) (1) This section may not be construed to require a carrier to disclose information that is proprietary and trade secret information under applicable law.

(2) This section applies only to carriers offering an individual plan or a small group plan.

(b) A carrier shall disclose to an individual or employer, as applicable, the following information:

(1) the carrier’s right to change premium rates and the factors that may affect changes in premium rates; and

(2) the benefits and premiums available under all health benefit plans for which the employer or individual is qualified.

(c) The carrier shall make the disclosure required under subsection (b) of this section:

(1) as part of its solicitation and sales material; or

(2) if the information is requested by the individual or employer.

(d) Information disclosed in accordance with subsection (b) of this section shall be:

(1) provided in a manner determined to be understandable by the average employer or individual; and

(2) sufficient to reasonably inform the employer or individual of the employer’s or individual’s rights and obligations under the health benefit plan.
Md. Code, Insurance § 15-702 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-702
§15–702.
Status: in_force

(a) This section applies to each self-funded group insurance plan that:

(1) (i) is formed by an order, society, or association that is incorporated or has a main office in the State; or

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

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

(b) Notwithstanding any other provision of a self-funded group insurance plan subject to this section, if the plan provides for reimbursement for a service that is within the lawful scope of practice of a physician, dentist, or podiatrist, the plan may not prohibit a person covered by the plan from being reimbursed for the service regardless of whether the service is performed by a physician, dentist, or podiatrist.
Md. Code, Insurance § 15-1615 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1615
§15–1615.
Status: in_force

A pharmacy benefits manager may not require a pharmacist to participate on its pharmacy and therapeutics committee.
Md. Code, Insurance § 15-1703 — MD Code / Article gin / Title 15 / Subtitle 17 / Section 15-1703
§15–1703.
Status: in_force

(a) A carrier that uses a physician rating system shall:

(1) establish an appeals process for physicians to use to contest their rating; and

(2) at least 45 days before making available to enrollees any new or revised quality of performance or cost–efficiency evaluations or any new or revised inclusions or exclusions from a physician rating system, provide each physician included in the physician rating system with:

(i) a notice of the proposed change;

(ii) an explanation of the data used to assess the physician and how the physician may access the data;

(iii) the methodology and measures used to assess the physician;

(iv) an explanation of the right to contest the rating of the physician through the appeals process of the carrier; and

(v) instructions on how to file a timely appeal with the carrier.

(b) If a physician files a timely appeal, as defined by the carrier, regarding the rating of the physician under a physician rating system, the carrier may not disclose the rating of the physician or make a change in the quality of performance or cost–efficiency ratings of the physician until the carrier completes its investigation and renders a decision on the appeal.

(c) A carrier shall post the following information prominently on the section of the carrier’s Web site that discloses the rating of a physician to enrollees or to the public:

(1) where an enrollee can find the physician performance ratings of the carrier;

(2) a disclosure that physician performance ratings are only a guide to choosing a physician because the ratings have a risk of error and should not be the sole basis for selecting a physician;

(3) an explanation of the physician rating system, including the basis on which physician performance is measured and the basis for determining that a physician is not currently rated due to insufficient data or a pending appeal;

(4) any limitations of the data that the carrier uses to measure physician performance;

(5) the factors and criteria used in the carrier’s physician rating system, including quality of performance measures and cost efficiency measures; and

(6) how a physician may appeal a physician rating.
Md. Code, Insurance § 15-713 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-713
§15–713.
Status: in_force

(a) This section applies to individual, group, or blanket health insurance policies and contracts delivered or issued for delivery in the State by insurers, nonprofit health service plans, and health maintenance organizations.

(b) Notwithstanding any other provision of an individual, group, or blanket health insurance policy or contract subject to this section, if the policy or contract provides for reimbursement for a service that is within the lawful scope of practice of a licensed podiatrist, the insured or any other person covered by or entitled to reimbursement under the policy or contract is entitled to the same amount of reimbursement for the service regardless of whether the service is performed by a physician or licensed podiatrist.

(c) This section does not prohibit, and may not be construed as prohibiting, the determination of reimbursement based on the geographic location of the delivery of service, the preeminent qualifications of a physician or podiatrist, or the need to provide services in an underserved area of the State.
Md. Code, Business Regulation § 15-206 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

An innkeeper shall post a copy of this subtitle, together with all rules of the lodging establishment, in a conspicuous place at or near the guest registration desk and in each guest room.
Md. Code, Transportation § 15-902 — MD Code / Article gtr / Title 15 / Subtitle 9 / Section 15-902
§15–902.
Status: in_force

This subtitle applies only to motor vehicles intended for commercial or industrial use.
Md. Code, Insurance § 15-1A-16 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-16
§15–1A–16.
Status: in_force

(a) (1) For purposes of this section, “medical loss ratio”:

(i) has the meaning established in 45 C.F.R. § 158.221; or

(ii) if the Commissioner adopts regulations as described in paragraph (2) of this subsection, has the meaning established by the adopted regulations.

(2) To the extent necessary, the Commissioner shall adopt regulations that:

(i) establish a definition for “medical loss ratio”; and

(ii) are consistent with 45 C.F.R. § 158.221 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.

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

(c) The minimum acceptable medical loss ratio is:

(1) for the large group market, 85% or a higher percentage as determined by the Commissioner in regulations; and

(2) for the small group market and individual market, 80% or a higher percentage as determined by the Commissioner in regulations.

(d) (1) Except as provided in paragraph (2) of this subsection, each carrier shall comply with the requirements for calculating medical loss ratios and related reporting and rebate requirements established in 45 C.F.R. Part 158 and any corresponding federal rules and guidance.

(2) If the Commissioner adopts regulations as described in subsection (e) of this section, each carrier shall comply with the requirements in the adopted regulations.

(e) To the extent necessary, the Commissioner shall adopt regulations that:

(1) establish requirements for calculating medical loss ratios and related reporting and rebate requirements; and

(2) are consistent with 45 C.F.R. Part 158 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.
Md. Code, Environment § 15-101 — MD Code / Article gen / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

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

(b) “Bureau” means Bureau of Mines.

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

(d) “Director” or “Director of the Bureau” means Director of the Bureau of Mines.

(e) “Drift” means a horizontal passageway, level, or gangway, driven from the surface outcrop into the coal bed.

(f) “Entry” means a passageway in a coal bed which is approximately level and is used for haulage, traveling way, or ventilation. In a dipping bed, entries on the strike are known as “levels” or “gangways” and to the dip are known as “slopes”.

(g) “Excavations and workings” includes any excavated portion of a mine, whether abandoned or being worked. The term also includes any underground workings, shafts, tunnels, and other ways and openings including those being sunk or driven, together with roads, appliances, machinery, and material connected with them below the surface.

(h) “Face” means the advancing breast of a mine working place, either of an entry or room.

(i) “Gassy mine” means a mine or portion of a mine in which methane is found by an approved or permissible flame safety lamp, detector, or device, or by air analysis in an amount of 0.25 percent or more. Once a mine is determined to be a gassy mine, it is always so considered. In this title, the words “gassy” and “gaseous” are synonymous.

(j) “Mine” includes a shaft, slope, drift, or inclined plane connected with an excavation penetrating coal stratum, which excavation is ventilated by one general air current, and any appliance and equipment for hoisting and extracting coal. It includes any part of the mining property and plant on the surface or underground, which contributes directly or indirectly to the mining or handling of coal and is connected by one general system of mine railroads, over which coal may be delivered to one or more points outside the mine. The word also includes a portion of a mine or opening whether or not the mine or opening employs a system of railroads, when the sense so requires.

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

(l) “Panel” means a unit area in a system of mining by which the mine is divided into large rectangles or panels isolated or surrounded by solid pillars of coal into which pairs of entries are driven for the development of rooms and the extraction of pillars.

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

(n) “Shaft” means an opening, the axis of which is approximately vertical, extending downwards from the surface. It includes an underground shaft driven between two levels.

(o) “Slope” means an inclined opening in a dipping coal or fireclay bed, and an inclined tunnel to a coal or fireclay bed.

(p) “Superintendent” means the person who, on behalf of the operator, has immediate supervision of a mine.

(q) “Working place” means a room, breast, entry crosscut, or pillar where coal is being mined or extracted and where at least one miner per working shift of the mine regularly is employed until the place is finished or stopped.
Md. Code, Estates and Trusts § 15-612 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-612
§15–612.
Status: in_force

Unless otherwise ordered by a court, directed by a user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user or stored, carried, or maintained by the custodian in an account of the trust and the digital assets, other than electronic communications, in which the trust has a right or interest if the trustee provides the custodian:

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

(2) A copy of the trust instrument or certification of the trust under § 14.5–910 of this article;

(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust’s account; or

(ii) Evidence linking the account to the trust.
Md. Code, Health - General § 15-121 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-121
§15–121.
Status: in_force

(a) In accordance with applicable federal law and rules and regulations, including those under Title XIX of the Social Security Act, the Department may make claim against the estate of a deceased Program recipient for the amount of any medical assistance payments under this title.

(b) The claim shall be waived by the Department if, in its judgment, enforcement of the claim will cause substantial hardship to the surviving dependents of the deceased.
Md. Code, Estates and Trusts § 15-116 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

Notwithstanding any other provision of law, and except as otherwise provided in the governing instrument, the duties of a trustee regarding the acquisition, retention, or ownership of a contract of insurance on the life of the grantor of the trust, or on the lives of the grantor and the grantor’s spouse, children, or grandchildren, include a duty of loyalty and fair dealing, but do not include a duty to:

(1) Determine whether any contract of life insurance in the trust is or remains a proper investment;

(2) Diversify the investment; or

(3) Exercise any policy options, rights, or privileges available under any contract of life insurance in the trust, including any right to borrow the cash value or reserve of the policy, acquire a paid-up policy, or convert to a different policy.
Md. Code, Transportation § 15-903 — MD Code / Article gtr / Title 15 / Subtitle 9 / Section 15-903
§15–903.
Status: in_force

(a) Notwithstanding any other provision of this article, an autonomous vehicle converter may sell, transfer, lease, offer for sale, or resell:

(1) A converted autonomous vehicle; or

(2) A motor vehicle purchased by an autonomous vehicle converter with the intent to convert the motor vehicle into a converted autonomous vehicle.

(b) An autonomous vehicle converter may not be licensed under this title as a manufacturer, distributor, or factory branch or as a dealer.
Md. Code, Insurance § 15-101 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

This title does not apply to:

(1) a policy of liability or workers’ compensation and employer’s liability insurance;

(2) a group or blanket policy, except as otherwise provided in this title;

(3) reinsurance; or

(4) a life insurance, endowment, or annuity contract, or contract supplemental to a life insurance, endowment, or annuity contract that contains only those provisions relating to health insurance that:

(i) provide additional benefits in case of dismemberment, loss of sight, or death by accident or accidental means;

(ii) provide additional benefits for long-term home health care and long-term care in a nursing home or other related institution; or

(iii) operate to safeguard the contract or supplemental contract against lapse or to provide a special surrender value, special benefit, or annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.
Md. Code, Insurance § 15-306 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-306
§15–306.
Status: in_force

(a) An insurer that is authorized to issue policies of health insurance in the State may issue blanket health insurance.

(b) A policy of blanket health insurance may not be issued or delivered in the State unless a copy of the form for the policy is filed with the Commissioner in accordance with § 12-203 of this article.
Md. Code, Insurance § 15-1103 — MD Code / Article gin / Title 15 / Subtitle 11 / Section 15-1103
§15–1103.
Status: in_force

(a) In this section, “transportation ticket policy” means a ticket policy of health insurance that:

(1) has as its dominant feature the protection of the insured from a transportation hazard; and

(2) is sold at transportation stations, ticket offices, or travel bureaus by:

(i) vending machines;

(ii) employees of railroads, steam lines, airlines, or other organizations engaged in transporting individuals on common carriers;

(iii) individuals or employees of persons engaged in selling transportation on common carriers; or

(iv) other qualified agents.

(b) A transportation ticket policy may not be issued or delivered in the State unless it conforms to the requirements and provisions of §§ 15-102, 15-201, 15-202, 15-203, 15-205, and 15-207 through 15-226 of this title, subject to § 15-202(c) of this title that relates to inapplicable or inconsistent provisions.
Md. Code, Alcoholic Beverages and Cannabis § 15-904 — MD Code / Article gab / Title 15 / Subtitle 9 / Section 15-904
§15–904.
Status: in_force

(a) There is:

(1) a 6–day Class D beer, wine, and liquor license; and

(2) a 7–day Class D beer, wine, and liquor license.

(b) Each license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on–premises consumption.

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is:

(1) $1,250 for a 6–day license; and

(2) $1,600 for a 7–day license.
Md. Code, Environment § 15-618 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-618
§15–618.
Status: in_force

Any operator who mines coal by the deep mining method without having a permit or amended permit or without providing bond as provided in this subtitle, who knowingly or intentionally includes false information in the application for a permit, or who does not fully comply with the permit or adopted rules and regulations is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
Md. Code, Environment § 15-407 — MD Code / Article gen / Title 15 / Subtitle 4 / Section 15-407
§15–407.
Status: in_force

(a) In this section, “pozzolan” means the finely divided residue which results from combustion of ground or powdered coal and is released by combustion gases, as defined by the test methods published by the American Society for Testing Methods.

(b) (1) Any person who uses pozzolan for landfill shall do so in a manner which complies with sound engineering practices.

(2) Any person who uses pozzolan for landfill, structural building, soil improvement, agriculture, soil conditioning, or land reclamation shall minimize dust and wind erosion and shall comply with all silt control regulations and permit requirements of the Department.
Md. Code, Business Occupations and Professions § 15-402.1 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-402.1
§15–402.
Status: in_force

§15–402.1.

(a) To qualify for a permit, a corporation, partnership, or limited liability company shall meet the requirements of this section.

(b) (1) A corporation, partnership, or limited liability company shall appoint at least one person in responsible charge of the professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company.

(2) A person in responsible charge shall be:

(i) in direct control of professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company;

(ii) in a position to act on behalf of, and be responsible for, the corporation, partnership, or limited liability company in matters related to the practice of professional land surveying or property line surveying; and

(iii) a professional land surveyor or licensed property line surveyor in good standing.

(3) A licensee may not be designated as a person in responsible charge for more than one corporation, partnership, or limited liability company that provides or offers to provide professional land or property line surveying services without the prior approval of the Board.
Md. Code, Insurance § 15-103 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) An insurer or nonprofit health service plan may not issue or deliver in the State an individual health insurance policy, or group health insurance policy covering a group of 1,000 lives or less, unless the policy or certificate is:

(1) written in simplified language; and

(2) approved by the Commissioner as complying with the simplified language standards adopted under subsection (c) of this section.

(b) Subsection (a) of this section applies:

(1) on or after January 2, 1992; or

(2) on or after July 2, 1997, if the policy or certificate was approved by the Commissioner on or before January 1, 1992.

(c) To establish simplified language standards for individual and group health insurance policies and certificates subject to this section, the Commissioner shall adopt regulations that are consistent with the Life and Health Insurance Policy Language Simplification Model Act adopted by the National Association of Insurance Commissioners.
Md. Code, Land Use § 15-508 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-508
§15–508.
Status: in_force

(a) The Inspector General, or a staff member authorized by the Inspector General, may administer oaths and take depositions and other testimony for the purpose of investigating fraud, waste, or abuse within the Commission.

(b) The Inspector General may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the Commission.

(c) If a person fails to comply with a lawful order or subpoena issued under this section, on petition of the Inspector General, a court of competent jurisdiction may compel:

(1) compliance with the order or subpoena; or

(2) testimony or the production of evidence.
Md. Code, Environment § 15-508 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-508
§15–508.
Status: in_force

(a) (1) The Department may require an operator to establish and maintain such records, make such reports, and provide such information as may reasonably be required to enable the Department to determine whether the operator has acted or is acting in compliance with this subtitle and rules and regulations promulgated pursuant to it.

(2) The operator of every strip mine operation shall, on or before the 25th day of each month, file with the Department a monthly report covering the preceding calendar month on a form furnished by the Department. The report shall state the actual tonnage of coal produced by each seam, the number of employees, and the number of serious and fatal accidents which have occurred.

(3) The operator of every strip mine operation shall, on a schedule established by the Department, file with the Department an annual report on a form furnished by the Department. The report shall summarize the information from the monthly reports and the mining and reclamation progress report for the preceding calendar year.

(b) (1) The operator of every strip mine operation which continues to operate beyond 1 year shall, on a schedule established by the Department, file with the Department a mining and reclamation progress report. The report shall provide, on forms furnished by the Department, the following information:

(i) The total acres and open acre limit approved, permitted, and bonded;

(ii) The total acres affected, backfilled, and planted on the permit;

(iii) The total acres of approved planting on the permit;

(iv) The total open acres on the permit; and

(v) The information reported on the mining and reclamation progress report for the preceding year.

(2) The mining and reclamation progress report shall be accompanied by a map prepared and certified by a registered professional engineer, a registered land surveyor, or other person approved by the Department. The map shall contain the information required under § 15–505(c)(2) of this subtitle and the following additional information:

(i) The surveyed boundaries of the areas presently disturbed;

(ii) The surveyed boundaries of all backfilled areas;

(iii) The surveyed boundaries of all planted areas, including the month and year each area was planted;

(iv) The boundaries of the areas remaining to be disturbed;

(v) The present location and length of the highwall; and

(vi) A legend containing all information required by this subsection.

(3) (i) Upon notification by the Department of the schedule to file the mining and reclamation report, an operator may notify the Department, in writing, if land has not been disturbed on any strip mine operation during the preceding year.

(ii) If the Department approves the notification, the map required under paragraph (2) of this subsection will not be required to be submitted with the mining and reclamation progress report.

(4) (i) The Department shall review the mining and reclamation progress report.

(ii) If the Department determines that the report is correct, the report shall be approved.

(iii) If the Department does not approve the report, the Department shall notify the operator in writing, setting forth the reasons for disapproval, and identifying the action necessary to secure approval.

(iv) The operator shall take the action necessary to secure approval of the report.

(c) (1) The Department and its authorized agents, without advance notice and upon presentation of appropriate credentials, shall have the right of entry to, on or through any open–pit mining or prospecting operation or any premises in which any records required to be maintained under this subtitle are located to determine conditions of safety and to assure compliance with the provisions of this subtitle, any rules and regulations promulgated under it and any permit conditions, and shall have access to and the right to copy any records, reports, or other information, and to inspect any monitoring equipment or method of operation required by the Department under this subtitle.

(2) If an operator fails to comply with requirements of this subtitle, any rule or regulation or permit condition, the Department immediately shall notify the operator by certified mail or personal delivery of the failure and require compliance within a reasonable time but not to exceed 90 days. The Department may extend beyond 90 days the total time for abatement of a violation, if the operator demonstrates by clear and convincing evidence, and the Department makes a written finding, that compliance within 90 days is unattainable either because of conditions totally beyond the control of the operator, or because abatement of the violation within 90 days would require action violative of mine safety standards established under federal or State law or would clearly cause more environmental harm than it would prevent. If the operator does not comply within the time specified, or any extension which may be granted, the Department shall issue a cease and desist order requiring the operator immediately to cease all or a portion of the open–pit mining operation in question until the Department determines that the operator is in full compliance. Copies of all records, reports, inspection materials, and information shall be available to the public. If the operator persistently or repeatedly fails to comply with a notice or order, the Department shall issue an order requiring the operator to show cause why the permit should not be revoked and provide opportunity for an adjudicatory hearing in accordance with § 15–514 of this subtitle. The Department also may order the immediate stopping of any operation conducted by an operator who lacks the license or permit required by this subtitle.

(d) If the Department determines that a probable permit acreage or boundary violation exists, it may order an operator to submit a map showing the status of the operation as of the date of the order.

(e) If, on the basis of an inspection, the Department determines that any condition or practice exists, which condition or practice creates an imminent danger to the health or safety of the public, or is causing or may reasonably be expected to cause significant imminent environmental harm, the Department or its agent shall immediately issue a cease and desist order requiring the operator immediately to cease open–pit mining on all or part of the operation in question until the Department determines that the operator is in full compliance. If cessation of open–pit mining is not sufficient to abate the imminent danger or harm, the Department shall also impose such affirmative obligations upon the operator as are necessary to abate the danger or harm.

(f) Within 30 days from the date of a notice or order under this section, or from the date of a related civil penalty assessment under § 15–521(b) of this subtitle, whichever is later, any person having an interest which is or may be adversely affected may request an adjudicatory hearing pursuant to Title 10, Subtitle 2 of the State Government Article. If a civil penalty assessment is made, any adjudicatory hearing on the penalty amount shall be combined with the hearing on the violation, and the assessment must be paid into escrow in accordance with § 15–521(b)(4) of this subtitle. The Department shall conduct an investigation and provide the operator and other interested persons written notice of the time and place of the hearing at least 5 days prior to the hearing. Within 30 days of the hearing the Department shall issue a written decision. Prior to the decision, the Department may grant temporary relief from a notice or order if an applicant can show a substantial likelihood of success on the merits, a public hearing on the temporary relief is held, and the relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources.

(g) A person seeking administrative or judicial review of a notice or order, or who participates in an action under § 15–528 of this subtitle, may request the Department or court to assess an opposing party for all expenses, including attorneys’ fees, reasonably incurred by the person in connection with the proceedings. The Department or court may order reimbursement as deemed proper.

(h) Any person may request an inspection by providing the Bureau with a signed written statement that gives reason to believe that an operation may be in violation of this subtitle or the Bureau’s rules and regulations. If an inspection is made the person who requested the inspection shall have a right to accompany the inspector; provided that, he or she voluntarily remains under the control and direction of the inspector at all times, and assumes all risk of injury. In any case, the person shall be provided with a written report from the Bureau that indicates the results of an inspection, or the reason why no action was taken on the request.
Md. Code, Insurance § 15-142 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-142
§15–142.
Status: in_force

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

(2) “Step therapy drug” means a prescription drug or sequence of prescription drugs required to be used under a step therapy or fail–first protocol.

(3) “Step therapy exception request” means a request to override a step therapy or fail–first protocol.

(4) (i) “Step therapy or fail–first protocol” means a protocol established by an insurer, a nonprofit health service plan, or a health maintenance organization that requires a prescription drug or sequence of prescription drugs to be used by an insured or an enrollee before a prescription drug ordered by a prescriber for the insured or the enrollee is covered.

(ii) “Step therapy or fail–first protocol” includes a protocol that meets the definition under subparagraph (i) of this paragraph regardless of the name, label, or terminology used by the insurer, nonprofit health service plan, or health maintenance organization to identify the protocol.

(5) “Supporting medical information” means:

(i) a paid claim from an entity subject to this section for an insured or an enrollee;

(ii) a pharmacy record that documents that a prescription has been filled and delivered to an insured or an enrollee, or a representative of an insured or an enrollee; or

(iii) other information mutually agreed on by an entity subject to this section and the prescriber of an insured or an enrollee.

(b) (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.

(c) An entity subject to this section may not impose a step therapy or fail–first protocol on an insured or an enrollee if:

(1) the step therapy drug has not been approved by the U.S. Food and Drug Administration for the medical condition being treated; or

(2) a prescriber provides supporting medical information to the entity that a prescription drug covered by the entity:

(i) was ordered by a prescriber for the insured or enrollee within the past 180 days; and

(ii) based on the professional judgment of the prescriber, was effective in treating the insured’s or enrollee’s disease or medical condition.

(d) Subsection (c) of this section may not be construed to require coverage for a prescription drug that is not:

(1) covered by the policy or contract of an entity subject to this section; or

(2) otherwise required by law to be covered.

(e) An entity subject to this section may not impose a step therapy or fail–first protocol on an insured or an enrollee for a prescription drug approved by the U.S. Food and Drug Administration if:

(1) (i) the prescription drug is used to treat the insured’s or enrollee’s stage four advanced metastatic cancer; and

(ii) use of the prescription drug is:

1. consistent with the U.S. Food and Drug Administration–approved indication or the National Comprehensive Cancer Network Drugs & Biologics Compendium indication for the treatment of stage four advanced metastatic cancer; and

2. supported by peer–reviewed medical literature;

(2) the prescription drug is insulin or an insulin analog used to treat the insured’s or enrollee’s type 1, type 2, or gestational diabetes; or

(3) (i) the prescription drug is prescribed by a treating physician to treat a symptom of or a side effect from treatment of the insured’s or enrollee’s stage four advanced metastatic cancer;

(ii) use of the prescription drug is:

1. consistent with best practices for the treatment of stage four advanced metastatic cancer, a condition associated with stage four advanced metastatic cancer, or a side effect associated with stage four advanced metastatic cancer treatment; and

2. supported by peer–reviewed medical literature; and

(iii) the prescription drug is covered under the terms of the policy or contract of the insured or enrollee.

(f) (1) An entity subject to this section shall establish a process for requesting an exception to a step therapy or fail–first protocol that is:

(i) clearly described, including the specific information and documentation, if needed, that must be submitted by the prescriber to be considered a complete step therapy exception request;

(ii) easily accessible to the prescriber; and

(iii) posted on the entity’s website.

(2) A step therapy exception request shall be granted if, based on the professional judgment of the prescriber and any information and documentation required under paragraph (1)(i) of this subsection:

(i) the step therapy drug is contraindicated or will likely cause an adverse reaction to the insured or enrollee;

(ii) the step therapy drug is expected to be ineffective based on the known clinical characteristics of the insured or enrollee and the known characteristics of the prescription drug regimen;

(iii) the insured or enrollee is stable on a prescription drug prescribed for the medical condition under consideration while covered under the policy or contract of the entity or under a previous source of coverage; or

(iv) while covered under the policy or contract of the entity or a previous source of coverage, the insured or enrollee has tried a prescription drug that:

1. is in the same pharmacologic class or has the same mechanism of action as the step therapy drug; and

2. was discontinued by the prescriber due to lack of efficacy or effectiveness, diminished effect, or an adverse event.

(3) On granting a step therapy exception request, an entity subject to this section shall authorize coverage for the prescription drug ordered by the prescriber for an insured or enrollee.

(4) An enrollee or insured may appeal a step therapy exception request denial in accordance with Subtitle 10A or Subtitle 10B of this title.

(5) This subsection may not be construed to:

(i) prevent:

1. an entity subject to this section from requiring an insured or enrollee to try an AB–rated generic equivalent or interchangeable biological product before providing coverage for the equivalent branded prescription drug; or

2. a health care provider from prescribing a prescription drug that is determined to be medically appropriate; or

(ii) require an entity subject to this section to provide coverage for a prescription drug that is not covered by a policy or contract of the entity.

(6) An entity subject to this section may use an existing step therapy exception process that satisfies the requirements under this subsection.
Md. Code, Insurance § 15-1639 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1639
§15–1639.
Status: in_force

A pharmacy benefits manager shall establish appropriate policies and procedures to implement the requirements of this part.
Md. Code, Election Law § 15-101 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-101
§15–101.
Status: in_force

The General Assembly recognizes that our system of representative government depends in part on guaranteeing that election campaigns are funded by and for the people and on eliminating the corrupting and undemocratic effects of large private contributions. Accordingly, the General Assembly finds and declares that an equitable means of public campaign financing is necessary in these times in order for representative democracy to continue to function effectively.
Md. Code, Transportation § 15-310 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-310
§15–310.
Status: in_force

Each license shall state:

(1) The type of vehicles in which the licensee may deal;

(2) The locations from which the licensee may deal in that type of vehicle;

(3) If it is a license to deal in new vehicles, the make of new vehicles in which the licensee may deal;

(4) As to a wholesale dealer, that the wholesale dealer may not sell a vehicle to or exchange vehicles with a retail buyer; and

(5) As to a wholesale dealer, that the wholesale dealer may not buy, sell, or exchange new vehicles.
Md. Code, Environment § 15-202 — MD Code / Article gen / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

The Secretary shall appoint the Director of the Bureau of Mines who shall serve at the Secretary’s pleasure. The Director shall have executive ability and either a degree in mining engineering from an accredited institution of higher education or comparable knowledge in the principles and practices of mining, planning, design, conservation, and research, and experience in reclamation, abandoned mine restoration, drainage abatement, and administration. The Director shall devote full time to the duties of the Director’s office, and may not directly or indirectly have a financial interest in any way in any coal mine, mining operation, or mining investment in this or any contiguous state. The Director is responsible for the exercise of every power and duty conferred on the Department by the provisions of this title and delegated to the Director by the Secretary.
Md. Code, Health - General § 15-133 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-133
§15–133.
Status: in_force

(a) The State shall apply to the Health Care Financing Administration of the United States Department of Health and Human Services for grants to assist states in improving home– and community–based service systems, including:

(1) Real choice system change grants;

(2) Nursing facility transition grants and “access housing” grants; and

(3) Community–based attendant services with consumer control grants.

(b) The Department shall seek input from eligible individuals, the individuals’ representatives, and service providers in developing and implementing the Program.

(c) On or before July 1, 2001, the Department shall notify the Health Care Financing Administration of the United States Department of Health and Human Services of Maryland’s intent to expand the current Medicaid home– and community–based waiver for adults with physical disabilities, under § 1915(c) of the federal Social Security Act to redirect funds to develop appropriate funding for this Program.
Md. Code, Insurance § 15-1A-01 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-01
§15–1A–01.
Status: in_force

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

(b) “Carrier” means:

(1) an insurer that holds a certificate of authority in the State and provides health insurance in the State;

(2) a health maintenance organization that is licensed to operate in the State;

(3) a nonprofit health service plan that is licensed to operate in the State; or

(4) any other person or organization that provides health benefit plans subject to State insurance regulation.

(c) “Child” means:

(1) a natural child, a stepchild, a foster child, or an adopted child of the insured; or

(2) a child placed with the insured for legal adoption.

(d) “Essential health benefit” means a health benefit that:

(1) meets the criteria established under § 1302(b) of the Affordable Care Act; or

(2) if the Commissioner adopts regulations as described in § 15–1A–04 of this subtitle, meets the criteria established by the adopted regulations.

(e) “Grandfathered plan” means a health benefit plan that:

(1) meets the criteria established under 45 C.F.R. § 147.140 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024; or

(2) if the Commissioner adopts regulations as described in § 15–1A–03 of this subtitle, meets the criteria established by the adopted regulations.

(f) “Group plan” means a small group plan or a large group plan.

(g) “Health benefit plan” means an individual plan, a small group plan, or a large group plan.

(h) “Individual plan” means an individual health benefit plan as defined in § 15–1301(o) of this title.

(i) “Insured individual” means:

(1) an insured, an enrollee, a subscriber, a participant, a member, or a beneficiary of a health benefit plan; or

(2) any covered dependent of a health benefit plan.

(j) “Large group plan” means a health benefit plan as defined in § 15–1401 of this title.

(k) “Small group plan” means a health benefit plan as defined in § 15–1201 of this title.
Md. Code, Transportation § 15-305 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) A license to deal in new vehicles may not be issued to any person unless the manufacturer or distributor of the vehicles is in compliance with the surety bond requirements of § 15–205 of this title.

(b) A license to deal in new vehicles may be issued only for a dealer in new vehicles who holds a franchise from:

(1) The manufacturer of the vehicles; or

(2) A distributor who is authorized by the manufacturer or the manufacturer’s authorized importer of the vehicles.

(c) If an applicant for a license to deal in new vehicles seeks to qualify under subsection (b) of this section, the applicant shall submit with the application an exact copy of the required franchise.

(d) (1) If a franchise required by this section is terminated in accordance with § 15–209 of this title, the license of the dealer shall be suspended automatically unless, before the effective date of termination, the licensed dealer files satisfactory evidence that the franchise has been extended. The Administration immediately shall notify the licensee of the suspension.

(2) (i) Notwithstanding paragraph (1) of this subsection, if a franchise issued to a licensee who deals in Class M motor homes or Class G travel trailers is terminated for any reason, the Administration may authorize the licensee to dispose of the Class M motor homes and Class G travel trailers that were in the dealer’s inventory prior to the franchise termination without applying for a certificate of title in the dealership’s name or paying the applicable excise tax.

(ii) The initial authorization period under subparagraph (i) of this paragraph may not exceed 12 months from the date of the franchise termination.

(iii) After the initial authorization period under subparagraph (i) of this paragraph, the Administration may review each situation on a case by case basis and determine whether a further extension of time to dispose of remaining inventory is warranted or whether the dealer shall be required to take title to any remaining Class M motor homes and Class G travel trailers in the dealer’s inventory.

(e) (1) Notwithstanding subsections (a) and (f) of this section, a manufacturer or distributor may be licensed as a dealer if the manufacturer or distributor:

(i) Operates temporarily a dealership that:

1. Was previously owned by a franchised dealer; and

2. Is for sale to any qualified person at a reasonable price;

(ii) Operates a dealership in a bona fide relationship in which an independent person:

1. Has made a significant investment, subject to loss, in the dealership; and

2. Can reasonably expect to acquire full ownership of the dealership under reasonable terms and conditions; or

(iii) 1. Is a second–stage manufacturer as defined in § 13–113.2(a)(7) of this article; and

2. Deals only in Class E (truck) vehicles with a gross weight limit of 10,000 pounds or more, as defined in § 13–916 of this article.

(2) (i) Notwithstanding subsections (b) and (f) of this section and subject to subparagraph (ii) of this paragraph, a manufacturer or distributor may be licensed as a dealer if:

1. The manufacturer or distributor deals only in electric or nonfossil–fuel burning vehicles;

2. No dealer in the State holds a franchise from the manufacturer or distributor;

3. The manufacturer or distributor, or a subsidiary, an affiliate, or a controlled entity of the manufacturer or distributor, does not hold a controlling interest in another manufacturer or distributor, or a subsidiary, an affiliate, or a controlled entity of the other manufacturer or distributor, that is licensed as a dealer under this paragraph; and

4. No other manufacturer or distributor, or subsidiary, affiliate, or controlled entity of the other manufacturer or distributor, that is licensed as a dealer under this paragraph, holds a controlling interest in the manufacturer or distributor, or a subsidiary, an affiliate, or a controlled entity of the manufacturer or distributor.

(ii) No more than four licenses may be issued under this paragraph.

(iii) The Administration shall adopt regulations to implement this paragraph.

(f) A manufacturer or distributor, or a person who is acting for a partnership or corporation that is owned or controlled by or under common control with a manufacturer or distributor, may not sell a new vehicle to a retail buyer.
Md. Code, Environment § 15-820 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-820
§15–820.
Status: in_force

(a) If the Department determines from the inspections of the affected land required by § 15-828 of this subtitle that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the permittee written notice of:

(1) The Department’s determination;

(2) The Department’s intention to modify the mining and reclamation plan and other terms and conditions of the permit in a stated manner; and

(3) The permittee’s right to a hearing on the proposed modification at a stated time and place.

(b) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date. Following the hearing the Department may modify the mining and reclamation plan and other terms and conditions of the permit, in the manner stated in the notice or in another manner it deems reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the permittee to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit.

(c) No fee may be charged to the permittee for a departmental modification of the permit.
Md. Code, Insurance § 15-1208 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1208
§15–1208.
Status: in_force

The provisions of § 15–508 of this title apply to a policy or certificate issued to a small employer.
Md. Code, Education § 15-112 — MD Code / Article ged / 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) (i) “Bookstore” means any entity that offers books or other course materials for sale and is licensed by the Comptroller under Title 11, Subtitle 7 of the Tax – General Article.

(ii) “Bookstore” includes campus bookstores and online vendors.

(3) (i) “Bundle” means one or more college textbooks or other supplemental materials that are packaged together to be sold as course materials for one price.

(ii) “Bundle” does not include single, custom, or integrated textbooks.

(4) “Campus bookstore” means a bookstore under the jurisdiction of an institution of higher education.

(5) (i) “Custom textbook” means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education.

(ii) “Custom textbook” includes original instructor material, previously copyrighted material, or copyrighted third–party material.

(iii) “Custom textbook” does not include purely aesthetic changes to a college textbook when compared with a prior edition of a college textbook such as commemorative editions.

(6) “Integrated textbook” means a college textbook that is combined with:

(i) Materials developed by a third party and that, by third–party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or

(ii) Other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.

(7) “ISBN” means the unique International Standard Book Number assigned to college course material that is used by publishers to identify each textbook edition and other course material, including bundles.

(8) “Price” means the price at which the publisher would make the college textbook or supplemental material available to a bookstore and, if available, the price at which the publisher would make the college textbook or supplemental material available to the public.

(9) “Substantial content” means a part of a college textbook, such as new chapters, new material covering additional eras of time, new themes, or new subject matter.

(10) (i) “Supplemental material” means educational material developed to accompany a college textbook that is not being used as a component of an integrated textbook.

(ii) “Supplemental material” includes printed materials and electronic materials such as computer disks and Web access codes.

(11) “Textbook” includes custom textbooks to the maximum extent practicable.

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

(c) Each public institution of higher education in the State shall develop and implement:

(1) An informational campaign to assist faculty and make them aware of textbook–related issues, including:

(i) The price of college textbooks and of supplemental material;

(ii) The existence of variances in price of bundled and unbundled course materials;

(iii) Substantial content revisions made between the current edition of a college textbook or supplemental material and the previous edition of the college textbook or supplemental material as reported to the institution under subsection (e) of this section;

(iv) Which textbooks are integrated textbooks and are therefore not subject to subsection (f)(3) of this section, as reported by the publisher under subsection (e) of this section; and

(v) The fiscal impact to students of the high cost of college textbooks;

(2) A procedure by which bookstores and students are made aware of the information required to be disclosed under subsection (g) of this section; and

(3) A best–practices process for faculty in selecting college textbooks and supplemental material that:

(i) Ensures early adoption of college textbooks and supplemental material;

(ii) Encourages the maximum usage of used college textbooks and of previous editions of college textbooks, when possible;

(iii) For undergraduate college textbooks, ensures that the majority of the assigned material will be used in the course unless it would be in the student’s financial interest to purchase separate materials; and

(iv) Ensures that faculty are aware of various outlets for the supply of college textbooks and supplemental material.

(d) (1) Each public institution of higher education shall develop a process by which faculty members acknowledge the information under paragraph (2) of this subsection.

(2) Before selecting a college textbook or supplemental material and before transmitting the selection to a campus bookstore, providing the selection to any other bookstore, or posting the selection on the website of the public institution of higher education, a faculty member shall acknowledge:

(i) 1. If selecting a different college textbook from a different publisher, the cost of the new selection versus the cost of the previous selection; or

2. If selecting a current edition of a college textbook:

A. The differences in substantial content between the current edition of the textbook and the previous edition of the textbook as reported by the publisher under subsection (e) of this section;

B. That the use of the current edition is appropriate due to a material change in substantial content between the current edition and the previous edition;

C. The difference in price between the current edition of the textbook and the previous edition of the textbook; and

D. That the previous edition of the textbook may be available to students at a lower price via the used book market;

(ii) That an integrated textbook is not subject to subsection (f)(3) of this section; and

(iii) That supplemental material included in a bundle is intended for use in the course.

(e) (1) A publisher that sells college textbooks or supplemental material and provides information regarding a college textbook or supplemental material to a faculty member, other adopting entity in charge of selecting course materials, or the administration of an institution of higher education shall disclose with this information, in writing, by paper or electronic means:

(i) The price of the college textbook or supplemental material;

(ii) The title, author, publisher, edition, current and three previous copyright dates, publication date when available, and ISBN of the college textbook and supplemental material, both as bundled and unbundled items;

(iii) Substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition of the college textbook or supplemental material;

(iv) Other available formats for the college textbook or supplemental material such as paperback or unbound; and

(v) A list of textbooks that are classified as integrated textbooks.

(2) Each institution of higher education in the State shall develop a process by which faculty members acknowledge having been informed of the disclosures required under paragraph (1) of this subsection and the impact that the high cost of college textbooks and supplemental material has on students.

(f) (1) Except as provided in paragraph (4) of this subsection, a publisher and a campus bookstore shall provide and sell college textbooks and supplemental material in the same manner as selected and ordered by faculty members.

(2) (i) If a college textbook or supplemental material is unavailable as ordered, the publisher and the campus bookstore shall work with the faculty member to find alternatives.

(ii) A publisher collaborating with a campus bookstore and a faculty member under subparagraph (i) of this paragraph shall provide price information for alternative college textbooks and supplemental material.

(3) A publisher that sells a college textbook and any supplemental material accompanying the college textbook in a bundle shall also make available the college textbook and the supplemental material as separate and unbundled items, each separately priced.

(4) With the permission of a faculty member, a campus bookstore may sell college textbooks and supplemental material in a different manner than as selected and ordered by the faculty member for the purpose of providing used college textbooks, prior editions, or other lower–cost options to students.

(g) (1) (i) Subject to subparagraph (ii) of this paragraph, on the request of a bookstore, an institution of higher education shall provide the information listed under paragraph (3) of this subsection to a bookstore by the earlier of:

1. Within 1 week of a faculty member’s selection of a college textbook or supplemental material and transmission to a campus bookstore; or

2. When the selection by a faculty member of a college textbook or supplemental material is finalized.

(ii) A bookstore that obtains information under subparagraph (i)1 of this paragraph may not make the information available to students or members of the public until the information is made available to the bookstore in accordance with paragraph (2) of this subsection.

(2) (i) An institution of higher education shall make the information listed under paragraph (3) of this subsection available to bookstores, students, and the rest of the public by posting the information on its website by the earlier of:

1. Subject to paragraphs (4) and (5) of this subsection, 3 weeks following the selection by a faculty member of a college textbook or supplemental material; or

2. When the selection by a faculty member of a college textbook or supplemental material is finalized.

(ii) In addition to the information posted under subparagraph (i) of this paragraph, an institution shall post on its website:

1. Whether supplemental material is required or only suggested by faculty; and

2. Whether a previous edition of an assigned college textbook will suffice.

(3) The information made available under paragraphs (1) and (2) of this subsection shall include the:

(i) Title;

(ii) Author;

(iii) Publisher;

(iv) Edition;

(v) Copyright date and publication date, when available;

(vi) ISBN; and

(vii) Anticipated enrollment for the course.

(4) (i) An institution of higher education shall inform a bookstore, students, or members of the public who access the website of the institution under paragraph (2) of this subsection if the selection of the particular college textbook, supplemental material, or bundle has not been finalized by the faculty member.

(ii) In addition to the disclosure made under subparagraph (i) of this paragraph, an institution, campus bookstore, or other bookstore that offers a college textbook or supplemental material for sale prior to the selection being finalized shall provide:

1. A caveat regarding the potential consequences of purchasing the particular college textbook, supplemental material, or bundle prior to the selection being finalized; and

2. The return policy of the campus bookstore or other bookstore, as appropriate.

(5) (i) Notwithstanding paragraphs (1) and (2) of this subsection, upon request to an institution, an extension of time may be granted to a faculty member from the requirement to post the selection of a college textbook or supplemental material prior to the selection being finalized.

(ii) The extension granted under subparagraph (i) of this paragraph shall be approved by the faculty Department Chair and the Dean or Division Head of the institution.

(iii) The extension shall include a written statement of explanation for the extension.

(iv) An institution shall post the written statement on its website instead of the selection, as appropriate.

(h) A public institution of higher education may not encourage or promote the creation or sale of college textbooks that consist of purely aesthetic changes to a prior edition of a college textbook such as a commemorative edition.

(i) This section may not be construed to supersede the institutional autonomy or academic freedom of faculty members involved in the selection of college textbooks and supplemental material.
Md. Code, Commercial Law § 15-607 — MD Code / Article gcl / Title 15 / Subtitle 6 / Section 15-607
§15–607.
Status: in_force

(a) Wages, due from or payable by the State, or a county, municipal corporation, or other political subdivision, and the public officers of the State or a county, municipal corporation, or other political subdivision to an individual, are subject to attachment process brought for the enforcement of the private legal obligations of the individual in the same manner and to the same extent as if the State, county, municipal corporation, or other political subdivision, and their respective public officers, were a private person.

(b) The State, or a county, municipal corporation, or other political subdivision, and their respective public officers, may deduct and retain from the individual’s wages an additional $2 for each deduction made under the attachment process of this subtitle or under Title 31, U.S.C. § 3720D.
Md. Code, Transportation § 15-209 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) A manufacturer may not terminate, cancel, or fail to renew the franchise of a dealer, notwithstanding any term or provision of the franchise, unless:

(1) The dealer has failed to comply substantially with the reasonable requirements of the franchise; and

(2) Except as otherwise provided by subsection (d) of this section, the manufacturer:

(i) Gives the dealer at least 90 days’ prior written notice of the termination, cancellation, or nonrenewal and of the specific grounds for the action; and

(ii) Provides the Administration with a copy of that notice.

(b) A distributor may not terminate, cancel, or fail to renew the franchise of a dealer, notwithstanding any term or provision of the franchise, unless:

(1) The dealer has failed to comply substantially with the reasonable requirements of the franchise; and

(2) Except as otherwise provided by subsection (d) of this section, the distributor:

(i) Gives the dealer at least 90 days’ prior written notice of the termination, cancellation, or nonrenewal and of the specific grounds for the action; and

(ii) Provides the Administration with a copy of that notice.

(c) A factory branch may not terminate, cancel, or fail to renew the franchise of a dealer, notwithstanding any term or provision of the franchise, unless:

(1) The dealer has failed to comply substantially with the reasonable requirements of the franchise; and

(2) Except as otherwise provided by subsection (d) of this section, the factory branch:

(i) Gives the dealer at least 90 days’ prior written notice of the termination, cancellation, or nonrenewal and of the specific grounds for the action; and

(ii) Provides the Administration with a copy of that notice.

(d) The 90–day notice period required by subsection (a) of this section:

(1) May be reduced to not less than 15 days, if the ground for the termination, cancellation, or nonrenewal is the dealer’s inability to reasonably serve the interests of the public; and

(2) Is not required, if the dealer waives it in writing.

(e) (1) If a dealer receives written notice that his franchise is being terminated, canceled, or not renewed, the dealer may, within the notice period required by this section, request a hearing under Title 12, Subtitle 2 of this article in which the manufacturer, distributor, or factory branch must show that the dealer has failed to comply substantially with the reasonable requirements of the franchise.

(2) If the dealer requests a hearing under this subsection, the dealer’s franchise continues in effect, notwithstanding any term or provision of the franchise or any other provision of this subtitle, until the Administration, after the hearing, makes a final determination.

(3) A dealer, manufacturer, distributor, or factory branch may appeal the determination of the Administration to the circuit court for the county in which the dealer’s principal place of business is located.

(4) If the dealer, manufacturer, distributor, or factory branch appeals the determination of the Administration to a circuit court, the dealer’s franchise continues in effect, notwithstanding any term or provision of the franchise or any other provision of this subtitle, until the circuit court makes a final determination.

(5) A dealer, manufacturer, distributor, or factory branch may appeal from a final judgment entered by a circuit court to the Appellate Court of Maryland as provided in § 12–301 of the Courts and Judicial Proceedings Article.

(f) (1) In addition to any administrative and criminal sanctions imposed under this subtitle, a manufacturer, distributor, or factory branch that terminates, cancels, or fails to renew the franchise of a dealer in violation of this section shall pay to the dealer the fair value of his business as a going concern.

(2) On payment, the dealer shall convey his business, free of liens and encumbrances, to the manufacturer, distributor, or factory branch.
Md. Code, Health - General § 15-122.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-122.1
§15–122.
Status: in_force

§15–122.1.

(a) In this section, “participating provider” means any facility that participates in the Program and is:

(1) A skilled nursing facility;

(2) A comprehensive care facility; or

(3) An intermediate care facility.

(b) A participating provider shall not be required to repay the State for any depreciation for which the provider has been reimbursed as an allowable expense and which could otherwise be recaptured by the State upon a sale, scrapping, trade-in, donation, exchange, demolition, or abandonment of a facility, or involuntary conversion of a facility such as condemnation, fire, theft, or other casualty.

(c) This section has no effect if its operation would cause this State to lose any federal funds.
Md. Code, Insurance § 15-1A-05 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-05
§15–1A–05.
Status: in_force

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

(b) A carrier may not:

(1) exclude or limit benefits because a health condition was present before the effective date of coverage; or

(2) deny coverage because a health condition was present before or on the date of denial.

(c) The prohibition in subsection (b) of this section applies whether or not:

(1) any medical advice, diagnosis, care, or treatment was recommended or received for the condition; or

(2) the health condition was identified as a result of:

(i) a pre–enrollment questionnaire or physical examination given to an individual; or

(ii) a review of records relating to the pre–enrollment period.
Md. Code, Insurance § 15-409 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-409
§15–409.
Status: in_force

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

(2) (i) “Change in status” means the termination of the insured’s employment other than for cause.

(ii) “Change in status” includes:

1. involuntary termination of the insured’s employment other than for cause; and

2. voluntary termination of the insured’s employment by the insured employee.

(3) “Group contract” means:

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

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

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

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

(2) Subject to subsection (c) of this section, if continuation coverage is elected by or on behalf of an insured, the group contract shall provide continuation coverage to the insured after a change in status.

(c) Continuation coverage that is elected by or on behalf of the insured under the group contract shall begin on the date of the change in status and end on the earliest of the following:

(1) 18 months after the date of the change in status;

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

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

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

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

(6) the date on which the insured elects to terminate coverage under the group contract; or

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

(d) Continuation coverage under this section shall:

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

(2) require the insured to pay to the employer an amount that does not exceed:

(i) the sum of the employer contribution and any contribution that the insured would have been required to pay if there had not been a change in status; and

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

(3) allow the payment of the amount specified in item (2) of this subsection in monthly installments if the insured elects to do so;

(4) be identical to the coverage offered under the group contract to similarly situated individuals for whom there has not been a change in status; and

(5) be available to the spouse and dependent children of the insured if:

(i) the group contract provides benefits for spouses and dependent children; and

(ii) the insured’s spouse and dependent children were covered under the group contract before the change in status.

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

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

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

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

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

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

(3) the procedure for making an election to receive continuation coverage if a change in status occurs.

(g) The Commissioner shall:

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

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

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

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

(1) the employer; and

(2) the Secretary of Labor as specified in § 8–805(c) of the Labor and Employment Article.

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

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

(1) is made in good faith;

(2) is reasonable under the circumstances; and

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

(k) This section does not affect or limit the right of an insured to conversion privileges under a group contract.
Md. Code, Transportation § 15-504 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-504
§15–504.
Status: in_force

The Administration shall submit a copy of each application for a license under this subtitle to the Maryland Department of Health, for its comments on matters relating to air pollution and health.
Md. Code, Insurance § 15-809 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-809
§15–809.
Status: in_force

(a) (1) Each insurer that issues or delivers individual health insurance policies in the State that are written on an expense-incurred basis shall offer benefits for hospice care services to its insureds.

(2) Each insurer that issues or delivers group or blanket health insurance policies or contracts in the State that are written on an expense-incurred basis shall offer benefits for hospice care services to its policyholders or beneficiaries.

(b) Each nonprofit health service plan shall offer benefits for hospice care services to its subscribers.
Md. Code, Insurance § 15-409.1 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-409.1
§15–409.
Status: in_force

§15–409.1.

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

(2) “Act” means the federal American Recovery and Reinvestment Act of 2009 (P.L. 111–5).

(3) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(4) “Small employer” has the meaning stated in § 15–1201 of this title.

(b) This section applies to a carrier that issues health benefit plans to small employers in accordance with Subtitle 12 of this title.

(c) A carrier shall allow an extended election period for continuation coverage under § 15–409 of this subtitle if the individual:

(1) was involuntarily terminated from employment by a small employer between September 1, 2008, and February 16, 2009, inclusive, as described in § 3001(a)(3)(C) of the Act;

(2) is an assistance eligible individual, as defined in § 3001(a)(3) of the Act, or would be an assistance eligible individual if an election of continuation coverage under § 15–409 of this subtitle was in effect on the date of enactment of the Act; and

(3) was eligible for continuation coverage under § 15–409 of this subtitle at the time of the individual’s termination of employment.

(d) The extended election period provided under this section shall continue until 60 days after provision of the notification required by § 3001(a)(7)(C) of the Act if the notification describes the extended election period required under this section.

(e) Any continuation coverage elected by an individual during an extended election period under this section:

(1) shall begin during the first period of coverage beginning on or after the individual’s election of continuation coverage; and

(2) may not extend beyond the period of continuation coverage that would have been required under § 15–409 of this subtitle if the coverage had been elected as required under that section.
Md. Code, Insurance § 15-10C-01 — MD Code / Article gin / Title 15 / Subtitle 10C / Section 15-10C-01
§15–10C–01.
Status: in_force

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

(b) “Board” means the State Board of Physicians established under Title 14 of the Health Occupations Article.

(c) “Certificate” means a certificate issued by the Commissioner under this subtitle to act as a medical director.

(d) “Department” means the Maryland Department of Health.

(e) “Health maintenance organization” has the meaning stated in § 19–701 of the Health – General Article.

(f) (1) “Medical director” means a physician employed by or under contract with a health maintenance organization who is responsible for:

(i) the establishment or maintenance of the policies and procedures at the health maintenance organization for:

1. quality assurance; and

2. utilization management;

(ii) compliance with the quality assurance and utilization management policies and procedures of the health maintenance organization; and

(iii) oversight of utilization review decisions of private review agents employed by or under contract with the health maintenance organization.

(2) “Medical director” includes an associate medical director or an assistant medical director, as defined by the Commissioner by regulation.
Md. Code, Estates and Trusts § 15-115 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-115
§15–115.
Status: in_force

A corporation that under the laws of this State may act as a fiduciary without bond or security other than its own obligation may not incur the liability of a surety upon a bond.
Md. Code, Insurance § 15-145 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-145
§15–145.
Status: in_force

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

(2) “Health savings account” has the meaning stated in § 223 of the Internal Revenue Code.

(3) “High deductible health plan” has the meaning stated in § 223 of the Internal Revenue Code.

(b) A health savings account is established on the first day that an individual becomes covered by a high deductible health plan.

(c) The health savings account shall be opened with a trustee or custodian within the time period prescribed by law, without extensions, for filing a federal income tax return for the year in which the health savings account is established.

(d) A health savings account is established regardless of a transfer of cash or other property to the account and, unless required by the trustee or custodian, it is not necessary for any party to sign a health savings account trust or custodial agreement regarding the health savings account.
Md. Code, Business Occupations and Professions § 15-102 — MD Code / Article gbo / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) A professional land surveyor may render or offer to render land surveying services described in § 15–101(j) of this subtitle.

(b) A licensed property line surveyor may render or offer to render property line surveying services described in § 15–101(k) of this subtitle.

(c) A professional land surveyor or a property line surveyor, as applicable, may perform design coordination for a project or portion of a project provided that the professional land surveyor or the property line surveyor:

(1) holds a current license issued by the Board; and

(2) has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated.
Md. Code, Insurance § 15-1222 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1222
§15–1222.
Status: in_force

(a) (1) The Board shall report to the Commissioner on or before June 1 of each year.

(2) At a minimum, the report shall include:

(i) a description of the operations of the Pool for the preceding calendar year;

(ii) an audited statement of the financial condition of the Pool as of the preceding December 31; and

(iii) an audited detailed statement of the revenues received and expenditures of the Pool made during the preceding calendar year.

(b) The operations of the Board are subject to an annual audit by an independent auditor, and the audit report and working papers are subject to review by the Legislative Auditor.
Md. Code, Business Occupations and Professions § 15-408 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-408
§15–408.
Status: in_force

(a) Subject to the hearing provisions of § 15–409 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a permit to any applicant, reprimand a permit holder, or suspend or revoke a permit if:

(1) the applicant or permit holder fraudulently or deceptively obtains or attempts to obtain a permit; or

(2) the permit holder fraudulently or deceptively uses a permit.

(b) (1) In addition to a sanction imposed under subsection (a) of this section, the Board may impose a penalty not exceeding $5,000 for:

(i) each violation for which a denial, reprimand, suspension, or revocation was imposed under subsection (a) of this section; and

(ii) each failure to meet or continue to meet the qualifications or requirements set forth in this subtitle.

(2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the permit holder or the applicant; and

(iv) any history of previous violations by the permit holder or the applicant.

(c) The Board shall pay any penalty collected under subsection (b) of this section into the General Fund of the State.
Md. Code, Business Occupations and Professions § 15-209 — MD Code / Article gbo / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) (1) The Board may set reasonable fees for its services.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board and shall be based on the calculations performed by the Secretary under § 2–106.2 of the Business Regulation Article.

(b) The Board shall publish the fee schedule set by the Board by regulation.

(c) (1) The Board shall pay all fees collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Occupational and Professional Licensing Design Boards’ Fund established in § 2–106.1 of the Business Regulation Article.
Md. Code, Estates and Trusts § 15-209 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

In any case not provided for in this subtitle the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments, and banking, shall continue to apply.
Md. Code, Insurance § 15-814 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-814
§15–814.
Status: in_force

(a) In this section, “digital tomosynthesis” means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross–sectional digital three–dimensional images of the breast.

(b) This section applies to:

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

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

(c) (1) Subject to paragraph (2) of this subsection, an entity subject to this section shall provide coverage for breast cancer screening in accordance with the latest screening guidelines issued by the American Cancer Society.

(2) The coverage required under this section shall include coverage for digital tomosynthesis that, under accepted standards in the practice of medicine, the treating physician determines is medically appropriate and necessary for an enrollee or insured.

(d) An entity subject to this section is not required to cover breast cancer screenings used to identify breast cancer in asymptomatic women that are provided by a facility that is not accredited by the American College of Radiology or certified or licensed under a program established by the State.

(e) (1) An entity subject to this section may not impose a deductible on the coverage required under this section.

(2) Each health insurance policy and certificate issued by an entity subject to this section shall contain a notice of the prohibition established by paragraph (1) of this subsection in a form approved by the Commissioner.

(3) An entity subject to this section may not impose a copayment or coinsurance requirement for digital tomosynthesis that is greater than a copayment or coinsurance requirement for other breast cancer screenings for which coverage is required under this section.
Md. Code, Environment § 15-201 — MD Code / Article gen / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

(a) There is a Bureau of Mines, established as part of the Department.

(b) The main office of the Bureau shall be located in either Garrett County or Allegany County. The Director of the Bureau, with the approval of the Secretary, shall select the location.
Md. Code, Insurance § 15-842 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-842
§15–842.
Status: in_force

(a) (1) This section applies to:

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

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

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

(b) An entity subject to this section may not impose a copayment or coinsurance requirement for a covered prescription drug or device that exceeds the retail price of the prescription drug or device.
Md. Code, Health Occupations § 15-303 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) To qualify for a license, an applicant shall:

(1) Complete a criminal history records check in accordance with § 14–308.1 of this article;

(2) Be of good moral character;

(3) Demonstrate oral and written competency in the English language as required by the Board;

(4) Be at least 18 years old;

(5) Except as provided in subsection (b) of this section, have successfully completed an educational program for physician assistants accredited by

the Accreditation Review Commission on Education for the Physician Assistant or its predecessor; and

(6) Have passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.

(b) An applicant who graduates from an accredited educational program for physician assistants under this section after October 1, 2003, shall have a bachelor’s degree or its equivalent.
Md. Code, Insurance § 15-826.2 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-826.2
§15–826.
Status: in_force

§15–826.2.

(a) (1) In this subsection, “group” means a group that is not a group covered under a health insurance policy or contract or under a health maintenance organization contract issued or delivered to a small employer, as defined in § 31–101 of this article.

(2) This subsection applies to:

(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to 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 groups under contracts that are issued or delivered in the State.

(3) This subsection does not apply to an organization that requests and receives an exclusion from coverage under § 15–826(c) of this subtitle.

(4) An entity subject to this subsection shall provide coverage for male sterilization.

(b) (1) This subsection applies to:

(i) insurers and nonprofit health service plans that provide coverage for male sterilization 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 male sterilization under individual or group contracts that are issued or delivered in the State.

(2) Except as provided in paragraph (3) of this subsection and except with respect to a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act, an entity subject to this subsection may not apply a copayment, coinsurance requirement, or deductible to coverage for male sterilization.

(3) If an insured or enrollee is covered under a high–deductible health plan, as defined in 26 U.S.C. § 223, an entity subject to this subsection may subject male sterilization to the deductible requirement of the high–deductible health plan.

§15–826.2. ** CONTINGENCY – NOT IN EFFECT – CHAPTERS 64 AND 65 OF 2018 **

(a) (1) In this subsection, “group” means a group that is not a group covered under a health insurance policy or contract or under a health maintenance organization contract issued or delivered to a small employer, as defined in § 31–101 of this article.

(2) This subsection applies to:

(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to 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 groups under contracts that are issued or delivered in the State.

(3) This subsection does not apply to an organization that requests and receives an exclusion from coverage under § 15–826(c) of this subtitle.

(4) An entity subject to this subsection shall provide coverage for male sterilization.

(b) (1) This subsection applies to:

(i) insurers and nonprofit health service plans that provide coverage for male sterilization 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 male sterilization under individual or group contracts that are issued or delivered in the State.

(2) Except with respect to a health benefit plan that is a grandfathered health plan, as defined in § 1251 of the Affordable Care Act, an entity subject to this subsection may not apply a copayment, coinsurance requirement, or deductible to coverage for male sterilization.
Md. Code, Health - General § 15-403 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-403
§15–403.
Status: in_force

(a) To be eligible for the Program, an individual must:

(1) Be covered by a long–term care policy that is approved for the Program by the Commissioner under § 15–404 of this subtitle; and

(2) Satisfy any other requirement for eligibility established by the Department.

(b) Program eligibility may not be denied under this section for policy benefits that are not available or appropriate for treating the insured’s condition.
Md. Code, Commercial Law § 15-208 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-208
§15–208.
Status: in_force

(a) Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be rendered insolvent by it, is fraudulent as to partnership creditors, if the conveyance is made or the obligation is incurred to:

(1) A partner, whether with or without a promise by him to pay partnership debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the partner to the partnership and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or

(2) A person not a partner, without fair consideration to the partnership as distinguished from consideration to the individual partners.

(b) Every conveyance of limited liability company property and every limited liability company obligation incurred when the limited liability company is or will be rendered insolvent by it, is fraudulent as to creditors of the limited liability company, if the conveyance is made or the obligation is incurred to:

(1) A member, whether with or without a promise by him to pay the limited liability company’s debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the member to the limited liability company and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or

(2) A person not a member, without fair consideration to the limited liability company as distinguished from consideration to the individual members.
Md. Code, Election Law § 15-111 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

(a) (1) Subject to § 15–103 of this title, the State Board shall administer this title.

(2) The State Board may request the assistance of the Comptroller to administer this title.

(b) (1) The State Board shall adopt comprehensive regulations to implement this title.

(2) The regulations shall include provisions relating to:

(i) the deadline for a gubernatorial ticket to submit a request for a public contribution;

(ii) the dates when the State Board will authorize, and the Comptroller will make, distributions of public contributions to gubernatorial tickets in accordance with this title;

(iii) a proportionate distribution when there is not, or may not be, sufficient money in the Fund;

(iv) thresholds for in–kind contributions that are not considered contributions or expenditures for the purposes of this title;

(v) distributions to a write–in gubernatorial ticket; and

(vi) the purposes for which a public contribution may not be used.
Md. Code, Insurance § 15-308 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: in_force

(a) An individual who is covered under a policy or contract of blanket health insurance may not be required to complete an individual application.

(b) An insurer need not provide a certificate to each individual covered under a policy of blanket health insurance.
Md. Code, Insurance § 15-1313 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1313
§15–1313.
Status: in_force

The Administration shall provide on its Web site and in printed form on request a list of carriers, including contact information for each carrier, that offer individual health benefit plans in the State.
Md. Code, Transportation § 15-311.2 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-311.2
§15–311.
Status: in_force

§15–311.2.

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

(2) “Agent” means a business entity that is authorized by an obligor or a licensed vehicle dealer to sell a mechanical repair contract.

(3) (i) “Mechanical repair contract” means any agreement or contract sold by a licensed vehicle dealer, an obligor, or an agent under which the obligor agrees to perform over a fixed period of time, for a specific duration, and for a specific identifiable price, provided that the purchase of the contract is optional to the purchaser, any of the following services:

1. The repair, replacement, or maintenance of a motor vehicle, or the indemnification for the repair, replacement, or maintenance of a motor vehicle, for the operational or structural failure of the motor vehicle due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity for services including towing, rental and emergency road service, and road hazard protection;

2. The repair, replacement, or maintenance of a motor vehicle for the operational or structural failure of one or more parts or systems of the motor vehicle brought about by the failure of an additive product to perform as represented;

3. The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps;

4. The removal and repair of dents, dings, or creases on a motor vehicle using the process of paintless dent removal;

5. The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards;

6. The replacement of a motor vehicle key or key fob if the key or key fob becomes inoperable or is lost or stolen; or

7. Other services or products that may be approved by the Insurance Commissioner if consistent with the provisions of this section.

(ii) “Mechanical repair contract” includes extended warranties and extended service contracts.

(iii) “Mechanical repair contract” does not include:

1. Warranties under the Magnuson–Moss Warranty Act, 15 U.S.C. § 2301, et seq.;

2. Contracts or agreements for regular maintenance only; or

3. An agreement between a motor club, as defined in § 26–101 of the Insurance Article, and a member or subscriber of the motor club.

(4) (i) “Obligor” means the person specified in a mechanical repair contract that is contractually obligated to perform the services set forth in the mechanical repair contract.

(ii) “Obligor” does not include an insurer that provides insurance coverage in accordance with subsection (b) of this section.

(b) (1) (i) An obligor under a mechanical repair contract shall maintain adequate insurance reserves, as defined by the Insurance Commissioner, for each such contract for the protection of the purchasing consumer.

(ii) A policy or policies of insurance providing coverage for all obligations and liabilities incurred by an obligor under the terms of a mechanical repair contract or, in the event of the obligor’s nonperformance, providing performance or payment on behalf of the obligor for all covered contractual obligations incurred by an obligor under a mechanical repair contract shall constitute adequate insurance reserves.

(2) Each policy of insurance used to satisfy paragraph (1) of this subsection must be issued by:

(i) An insurer authorized to do business in Maryland on an admitted or surplus lines basis; or

(ii) A risk retention group, as defined in § 25–101 of the Insurance Article, if that risk retention group is:

1. In full compliance with federal law;

2. In good standing in its domiciliary jurisdiction; and

3. Properly registered under State law.

(3) A purchaser of a mechanical repair contract shall be entitled to make a direct claim against the insurer or risk retention group issuing a policy or policies of insurance under this subsection upon failure of the obligor to pay any claim or make any refund or consideration due within 60 days after the proof is filed with the obligor.

(4) (i) At least 45 days before selling a mechanical repair contract, the obligor shall file the contract with the Insurance Commissioner along with evidence that the obligor maintains adequate insurance reserves as required under this section.

(ii) Except as provided in subparagraphs (iv) through (vii) of this paragraph, a filing required under this subsection is not subject to the approval of the Insurance Commissioner.

(iii) An obligor that is required to file a mechanical repair contract under this subsection shall pay a filing fee as provided in § 2–112(a)(10) of the Insurance Article.

(iv) The Commissioner may investigate and determine whether a mechanical repair contract filed under this paragraph is in compliance with this section.

(v) If, after a hearing, the Commissioner finds that a mechanical repair contract is not in compliance with this section, the Commissioner shall issue an order that requires that use of the mechanical repair contract be discontinued after a date specified in the order.

(vi) Pending a hearing, the Commissioner may issue an order that suspends use of a mechanical repair contract filed by an obligor if the Commissioner has reasonable cause to believe that:

1. The mechanical repair contract is in violation of this section;

2. Unless the order of suspension is issued, purchasers of the mechanical repair contract will suffer irreparable harm;

3. The harm that purchasers of the mechanical repair contract will suffer in the absence of the order of suspension outweighs the harm that the obligor would suffer if the order of suspension were issued; and

4. The order of suspension will not cause substantial harm to the public.

(vii) Unless the obligor waives a hearing, the Commissioner:

1. Shall hold a hearing within 15 business days after issuing the order of suspension; and

2. Within 15 business days after the conclusion of the hearing, shall make a determination and issue an order as to whether the mechanical repair contract should be disapproved.

(c) (1) An obligor shall register with the Insurance Commissioner each year.

(2) As part of registration, an obligor shall provide the following information for registration with the Commissioner:

(i) The name, corporate address, and telephone number of the obligor;

(ii) The name, address, and telephone number of an individual designated to receive correspondence on behalf of the obligor; and

(iii) The name and address of a designated agent authorized to accept service on behalf of the obligor in the State.

(3) An obligor shall notify the Commissioner within 30 days of any change to the registration information required under this subsection.

(4) An obligor that is required to register under this section shall pay an annual registration fee as provided in § 2–112(a)(12) of the Insurance Article.

(5) (i) Only a licensed vehicle dealer, an agent, or a registered obligor, or an employee of a licensed vehicle dealer, an agent, or a registered obligor may offer, sell, or negotiate a mechanical repair contract.

(ii) An obligor or a licensed vehicle dealer is liable for the actions of its agent when the agent is offering or selling a mechanical repair contract on behalf of the obligor or vehicle dealer.

(iii) The Commissioner may pursue an action against a person that violates this paragraph.

(6) Subject to paragraph (7) of this subsection, the Commissioner shall register each obligor that meets the requirements of this section.

(7) The Commissioner may deny a registration to an applicant or refuse to renew, suspend, or revoke the registration of a registrant, after notice and an opportunity for a hearing under §§ 2–210 through 2–214 of the Insurance Article, if the applicant or registrant, or an officer, director, or employee of the applicant or registrant:

(i) Makes a material misstatement or misrepresentation in an application for registration;

(ii) Fraudulently or deceptively obtains or attempts to obtain a registration for the applicant, the registrant, or another person;

(iii) Has been convicted of a felony or of a misdemeanor involving moral turpitude in connection with the sale, solicitation, negotiation, or administration of a mechanical repair contract;

(iv) Commits fraud or engages in illegal or dishonest activities in connection with the administration of a mechanical repair contract; or

(v) Has violated any provision of this section or a regulation adopted under this section.

(8) Instead of, or in addition to, suspending or revoking a registration, the Commissioner may impose on the registrant a civil penalty of:

(i) Not less than $100 but not exceeding $1,000 for each violation of this section; and

(ii) Not less than $100 but not exceeding $5,000 for each violation of this section committed by an agent or the agent’s employee while offering or selling a mechanical repair contract on behalf of the registrant.

(d) (1) An obligor or a licensed vehicle dealer that uses an agent to sell a mechanical repair contract shall:

(i) Maintain a list of its agents; and

(ii) Make the list available to the Insurance Commissioner on request.

(2) An agent shall:

(i) Maintain a list containing the names of each employee who is authorized to sell a mechanical repair contract; and

(ii) On request, provide the list to its obligor or licensed vehicle dealer within 10 business days from receipt of the request.

(3) A list maintained under this subsection may be stored in an electronic format.

(e) A mechanical repair contract shall be offered in addition to any express warranty originally included as part of the contract for sale of a new motor vehicle.

(f) A mechanical repair contract shall clearly and conspicuously set forth the date when the warranty begins.

(g) A mechanical repair contract shall clearly and conspicuously set forth the date or the odometer reading at which the warranty expires and the name and address of the insurer issuing the policy of insurance as described in subsection (b) of this section.

(h) The repair of a malfunction or defect covered under a mechanical repair contract shall include the cost of the teardown and diagnosing the malfunction or defect.

(i) The provisions of the Maryland Consumer Products Guaranty Act, Title 14, Subtitle 4 of the Commercial Law Article, apply to a mechanical repair contract sold in the State.

(j) The provisions of this section do not apply to mechanical repair contracts issued by the motor vehicle manufacturer or the distributor or a wholly owned subsidiary of the manufacturer or the distributor as defined in § 15–201 of this title.

(k) Notwithstanding subsection (j) of this section, licensed vehicle dealers and obligors who sell mechanical repair contracts shall have the same obligations as a seller under § 2–314 of the Commercial Law Article.

(l) A person that sells a mechanical repair contract may not, directly or indirectly, make a false, deceptive, or misleading statement with respect to:

(1) The person’s affiliation with a motor vehicle manufacturer, manufacturer’s subsidiary, distributor, factory branch, or dealer;

(2) The person’s possession of information regarding the manufacturer’s original equipment warranty for a motor vehicle;

(3) The expiration of a manufacturer’s original equipment warranty for a motor vehicle; or

(4) A requirement that a motor vehicle owner register for a new mechanical repair contract with the person in order to maintain coverage under the owner’s current mechanical repair contract or the manufacturer’s original equipment warranty.

(m) Except as expressly provided under this section, an obligor that complies with this section is not required to comply with any other provisions of the Insurance Article.

(n) Unless specifically described in subsection (a)(3) of this section, a mechanical repair contract may not provide indemnification for a loss caused by collision or by perils that are commonly covered by comprehensive or collision provisions of a motor vehicle insurance policy.

(o) In addition to any applicable disclosures required by the Maryland Consumer Products Guaranty Act, (Title 14, Subtitle 4 of the Commercial Law Article), a mechanical repair contract shall include the following disclosures:

(1) The name, corporate address, and telephone number of the obligor and the mechanical repair contract seller; and

(2) The right of the purchaser of the mechanical repair contract to make a direct claim against the insurer or risk retention group issuing a policy or policies of insurance as provided in subsection (b)(3) of this section.

(p) A person convicted of a violation of subsection (c)(5) of this section:

(1) Is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both; and

(2) May be required to pay restitution.
Md. Code, Commercial Law § 15-803 — MD Code / Article gcl / Title 15 / Subtitle 8 / Section 15-803
§15–803.
Status: in_force

(a) A notice of dishonor sent by a holder to a maker or drawer under § 15–802 of this subtitle shall substantially comply with the following form:

“NOTICE OF DISHONORED CHECK

Date _________________________________________________________________________

Name of Issuer _______________________________________________________________

Street Address _______________________________________________________________

City and State ________________________________________________________________

You are according to law hereby notified that a check or instrument numbered ___________ and dated ___________, drawn on the ___________ bank of ___________ in the amount of ___________ has been returned unpaid with the notation the payment has been refused because of ___________________________________________

Within 30 days from the mailing of this notice, you must pay or tender to __________

______________________________________________________________________________

(Holder)

sufficient money to pay such check or instrument in full and a collection fee of $________ (not more than $35). If payment of the above amounts is not made within 30 days of the mailing of this notice of dishonor, you shall be liable under § 15–802 of the Commercial Law Article, in addition to the amount of the check or instrument and a collection fee of up to $35, for an amount up to 2 times the amount of the check or instrument, but not more than $1,000. In addition, you may be prosecuted under Title 8, Subtitle 1 of the Criminal Law Article of Maryland and subject to the following penalties:

(1) If the property or services has a value of at least $1,000 but less than $10,000, a fine not exceeding $10,000 or imprisonment not exceeding 10 years, or both;

(2) If the property or services has a value of at least $10,000 but less than $100,000, a fine not exceeding $15,000 or imprisonment not exceeding 15 years, or both;

(3) If the property or services has a value of $100,000 or more, a fine not exceeding $25,000 or imprisonment not exceeding 25 years, or both;

(4) If the property or services has a value of less than $1,000, a fine not exceeding $500 or imprisonment not exceeding 18 months, or both.

It shall be a complete defense to any action brought by any holder under § 15–802 of the Commercial Law Article that, within 30 days from the mailing of the “Notice of Dishonored Check”, the maker or drawer has paid the holder the full amount of the check or instrument and collection costs of not more than $35. A holder may not recover any damages if the holder has demanded of, and received from, the maker or drawer collection costs exceeding $35.

It shall be a complete defense to any action brought under § 15–802 of the Commercial Law Article by a holder to whom a dishonored check or other instrument was issued that the dishonor of the check or other instrument was due to a justifiable stop payment order or to the attachment of the account.

In any action brought under § 15–802 of the Commercial Law Article by a holder or holder in due course to whom a dishonored check or other instrument was negotiated, the action is subject to all valid defenses that may be raised by the maker or drawer against the holder or holder in due course under Title 3 of the Commercial Law Article.”

(b) The holder to whom a check or other instrument is issued or negotiated may post a clearly conspicuous notice at or near the point of receipt stating the liability of the maker or drawer for the collection fee and damages provided in § 15–802 of this subtitle and criminal penalties provided in §§ 8–106 and 8–107 of the Criminal Law Article.
Md. Code, Insurance § 15-206 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-206
§15–206.
Status: in_force

(a) A policy provision that is not subject to this subtitle may not make the policy or any part of the policy less favorable in any respect to the insured or beneficiary than the provisions of the policy that are subject to this subtitle.

(b) A policy that is delivered or issued for delivery in the State in violation of this subtitle is valid but shall be construed as provided in this subtitle.

(c) Whenever a policy provision that is subject to this subtitle conflicts with a provision of this subtitle, the rights, duties, and obligations of the insurer, insured, and beneficiary shall be governed by this subtitle.
Md. Code, Insurance § 15-10D-02 — MD Code / Article gin / Title 15 / Subtitle 10D / Section 15-10D-02
§15–10D–02.
Status: in_force

(a) (1) Each carrier shall establish an internal appeal process for use by its members, its members’ representatives, and health care providers to dispute coverage decisions made by the carrier.

(2) The carrier may use the internal grievance process established under Subtitle 10A of this title to comply with the requirement of paragraph (1) of this subsection.

(b) A carrier under this section shall render a final decision in writing to a member, a member’s representative, and a health care provider acting on behalf of the member within 60 working days after the date on which the appeal is filed.

(c) Except as provided in subsection (d) of this section, the carrier’s internal appeal process shall be exhausted prior to filing a complaint with the Commissioner under this subtitle.

(d) A member, a member’s representative, or a health care provider filing a complaint on behalf of a member may file a complaint with the Commissioner without first filing an appeal with a carrier only if the coverage decision involves an urgent medical condition, as defined by regulation adopted by the Commissioner, for which care has not been rendered.

(e) (1) Within 30 calendar days after a coverage decision has been made, a carrier shall send a written notice of the coverage decision to the member and the member’s representative, if any, and, in the case of a health maintenance organization, the treating health care provider.

(2) Notice of the coverage decision required to be sent under paragraph (1) of this subsection shall:

(i) state in detail in clear, understandable language, the specific factual bases for the carrier’s decision; and

(ii) include the following information:

1. that the member, the member’s representative, or a health care provider acting on behalf of the member has a right to file an appeal with the carrier;

2. that the member, the member’s representative, or a health care provider acting on behalf of the member may file a complaint with the Commissioner without first filing an appeal, if the coverage decision involves an urgent medical condition for which care has not been rendered;

3. the Commissioner’s address, telephone number, and facsimile number;

4. that the Health Advocacy Unit is available to assist the member or the member’s representative in both mediating and filing an appeal under the carrier’s internal appeal process; and

5. the address, telephone number, facsimile number, and electronic mail address of the Health Advocacy Unit.

(f) (1) Within 30 calendar days after the appeal decision has been made, each carrier shall send to the member, the member’s representative, and the health care provider acting on behalf of the member a written notice of the appeal decision.

(2) Notice of the appeal decision required to be sent under paragraph (1) of this subsection shall:

(i) state in detail in clear, understandable language the specific factual bases for the carrier’s decision; and

(ii) include the following information:

1. that the member, the member’s representative, or a health care provider acting on behalf of the member has a right to file a complaint with the Commissioner within 4 months after receipt of a carrier’s appeal decision;

2. the Commissioner’s address, telephone number, and facsimile number;

3. a statement that the Health Advocacy Unit is available to assist the member in filing a complaint with the Commissioner; and

4. the address, telephone number, facsimile number, and electronic mail address of the Health Advocacy Unit.

(g) The Commissioner may request the member that filed the complaint or a legally authorized designee of the member to sign a consent form authorizing the release of the member’s medical records to the Commissioner or the Commissioner’s designee that are needed in order for the Commissioner to make a final decision on the complaint.

(h) (1) A carrier shall have the burden of persuasion that its coverage decision or appeal decision, as applicable, is correct:

(i) during the review of a complaint by the Commissioner or a designee of the Commissioner; and

(ii) in any hearing held in accordance with Title 10, Subtitle 2 of the State Government Article to contest a final decision of the Commissioner made and issued under this subtitle.

(2) As part of the review of a complaint, the Commissioner or a designee of the Commissioner may consider all of the facts of the case and any other evidence that the Commissioner or designee of the Commissioner considers appropriate.

(i) The Commissioner shall:

(1) make and issue in writing a final decision on all complaints filed with the Commissioner under this subtitle that are within the Commissioner’s jurisdiction; and

(2) provide notice in writing to all parties to a complaint of the opportunity and time period for requesting a hearing to be held in accordance with Title 10, Subtitle 2 of the State Government Article to contest a final decision of the Commissioner made and issued under this subtitle.
Md. Code, Transportation § 15-603 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) Each licensee shall pay an annual fee to the Administration for each license year or part of a license year for which the license is issued.

(b) The annual license fee shall be established by the Administration.
Md. Code, Insurance § 15-1217 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1217
§15–1217.
Status: in_force

(a) At a minimum, the plan of operation shall:

(1) establish procedures for the handling and accounting of Pool assets and money and for an annual fiscal report to the Commissioner;

(2) establish procedures for reinsuring claims submitted to the Pool in accordance with this subtitle;

(3) establish procedures for collecting assessments from members to reinsure claims submitted to the Pool and to pay for administrative expenses incurred or estimated to be incurred during the period;

(4) establish procedures for recouping any net losses to the Pool for the calendar year by assessing reinsuring carriers under § 15–1221 of this subtitle; and

(5) provide for any additional matters at the discretion of the Board.

(b) The Board has the general powers and authority granted under the laws of the State to health insurers and health maintenance organizations authorized to transact business, except for the power to issue health benefit plans directly to groups or individuals.

(c) The Board may:

(1) enter into contracts as necessary or proper to carry out this subtitle and, with approval of the Commissioner, enter into contracts with similar programs of other states for the joint performance of common functions or with persons or other organizations for the performance of administrative functions;

(2) sue or be sued;

(3) take any legal action necessary or proper to recover assessments and penalties for, on behalf of, or against the Pool or reinsuring carriers or necessary to avoid the payment of improper claims against the Board;

(4) define the health benefit plans and medical conditions for which claims may be reinsured with the Pool in accordance with this subtitle;

(5) establish rules, conditions, and procedures that relate to reinsurance of claims by the Pool;

(6) establish actuarial functions as appropriate for the operation of the Pool;

(7) assess reinsuring carriers in accordance with the provisions of § 15–1221 of this subtitle;

(8) make advance interim assessments as may be reasonable and necessary for organizational and interim operating expenses, to be credited against any assessments due after the close of the fiscal year;

(9) appoint appropriate committees as necessary to provide technical assistance in the operation of the Pool, policy and other contract design, and any other function within the authority of the Pool; and

(10) borrow money to carry out the purposes of the Pool.
Md. Code, Business Occupations and Professions § 15-610 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-610
§15–610.
Status: in_force

(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both.

(b) (1) The Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

(2) In setting the amount of the penalty, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, Estates and Trusts § 15-521 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-521
§15–521.
Status: in_force

(a) In this section, “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

(b) To the extent that a trustee does not account under § 15-510 of this subtitle for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(c) (1) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal.

(2) An amount paid to acquire the option shall be paid from principal.

(3) A gain or loss realized on the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal.
Md. Code, Health - General § 15-114.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-114.1
§15–114.
Status: in_force

§15–114.1.

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

(2) “Emergency medical services provider” has the meaning stated in § 13–561 of the Education Article.

(3) “Emergency service transporter” means a public entity or volunteer fire, rescue, or emergency medical service that provides emergency medical services.

(4) “Low–acuity health condition” means an illness, an injury, or a condition serious enough that a reasonable person would seek care immediately, but not so severe as to require emergency room care.

(5) “Mobile integrated health service” means a community–based preventive, primary, chronic, preadmission, or postadmission health care service or transport provided by an emergency medical services provider to an individual.

(b) (1) Subject to paragraph (2) of this subsection, if an emergency service transporter charges for its services and requests reimbursement from the Program, the Department shall reimburse the emergency service transporter, in an amount as specified by regulations adopted by the Department, for the cost of:

(i) Transportation the emergency service transporter provides to a Program recipient to a facility in response to a 911 call; and

(ii) Medical services the emergency service transporter provides to the Program recipient in response to a 911 call.

(2) The Department shall:

(i) Increase the amount of reimbursement authorized under paragraph (1) of this subsection for the cost of transportation and medical services by $50 in fiscal year 2023; and

(ii) Pay at least the amount established under item (i) of this paragraph in each subsequent fiscal year.

(c) (1) Subject to paragraph (3) of this subsection, the Department shall reimburse an emergency service transporter for mobile integrated health services provided to a Program recipient in an amount as specified by regulations adopted by the Department that is at least $100 per interaction.

(2) The services subject to reimbursement under paragraph (1) of this subsection shall include:

(i) Health care services, including health assessments, remote medical diagnostics, chronic disease monitoring and education, medication compliance, immunizations and vaccinations, laboratory specimen collection, hospital discharge follow–up care, and minor medical procedures, provided by an emergency medical services provider that are:

1. Within the scope of practice of the emergency medical services provider;

2. Provided in a home or another community–based setting to a Program recipient who does not require emergency medical transport; and

3. Consistent with the protocols issued by the Emergency Medical Services Board; and

(ii) Transportation provided by the emergency service transporter to a Program recipient with a low–acuity health condition to a location in which urgent health care services are provided to individuals.

(3) The Department shall:

(i) Increase the amount of reimbursement authorized under paragraph (1) of this subsection for the cost of transportation and medical services by $50 in fiscal year 2023; and

(ii) Pay at least the amount established under item (i) of this paragraph in each subsequent fiscal year.

(d) The Department shall adopt any regulations necessary to carry out this section.
Md. Code, Housing and Community Development § 15-102 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

Title 12 of this article applies to the Baltimore Authority except where it is inconsistent with this title.
Md. Code, Insurance § 15-1638 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1638
§15–1638.
Status: in_force

All disclosures made under this part shall comply with the privacy standards set forth in State and federal law.
Md. Code, Health - General § 15-102.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.3
§15–102.
Status: in_force

§15–102.3.

(a) The provisions of § 15–112(b)(1)(ii) and (2), (f) through (m), (r), (s), and (u) through (w) of the Insurance Article (Provider panels) shall apply to managed care organizations in the same manner they apply to carriers.

(b) The provisions of § 15–1005 of the Insurance Article shall apply to managed care organizations in the same manner they apply to health maintenance organizations.

(c) The provisions of §§ 4–311, 15–604, and 15–605 of the Insurance Article shall apply to managed care organizations in the same manner they apply to carriers.

(d) (1) The provisions of §§ 19–712(b), (c), and (d), 19–713.2, and 19–713.3 of this article apply to managed care organizations in the same manner they apply to health maintenance organizations.

(2) The Insurance Commissioner shall consult with the Secretary before taking any action against a managed care organization under this subsection.

(e) The provisions of § 15–112.1 of the Insurance Article apply to managed care organizations in the same manner they apply to carriers.

(f) The Insurance Commissioner or an agent of the Commissioner shall examine the financial affairs and status of each managed care organization at least once every 5 years.

(g) The provisions of § 15–1628.3 of the Insurance Article apply to pharmacy benefits managers that contract with managed care organizations in the same manner as they apply to pharmacy benefits managers that contract with carriers.

(h) (1) The provisions of § 6–102.1 of the Insurance Article apply to managed care organizations.

(2) For each calendar year that the Insurance Commissioner assesses a health insurance provider fee under § 6–102.1 of the Insurance Article, a managed care organization shall pay the fee on a quarterly basis in accordance with a schedule adopted by the Insurance Commissioner.

(i) The provisions of §§ 15–130 and 15–130.1 of the Insurance Article apply to managed care organizations and pharmacy benefits managers that contract with managed care organizations.

(j) The provisions of § 33–105(f) of the Insurance Article apply to managed care organizations.

(k) (1) To the extent authorized under federal law and subject to paragraph (2) of this subsection, the provisions of § 15–1008(a), (b), (c)(1) and (2)(i), (d), (e), and (f) of the Insurance Article shall apply to managed care organizations in the same manner they apply to carriers.

(2) If a retroactive denial of reimbursement is the result of coordination of benefits, a written statement provided by a managed care organization to a health care provider in accordance with § 15–1008(c)(2)(i) of the Insurance Article shall include the name and address of the entity identified by the managed care organization as responsible for payment of the claim.

(l) Beginning July 1, 2025, the provisions of § 15–859 of the Insurance Article apply to managed care organizations in the same manner they apply to carriers.

(m) Beginning January 1, 2026, the provisions of § 15–861 of the Insurance Article apply to managed care organizations in the same manner that they apply to carriers.

(n) Beginning January 1, 2026, the provisions of § 15–862 of the Insurance Article apply to managed care organizations in the same manner that they apply to carriers.

(o) The provisions of § 15–863 of the Insurance Article apply to managed care organizations in the same manner they apply to carriers.
Md. Code, Health - General § 15-130 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-130
§15–130.
Status: in_force

(a) In this section, “seriously emotionally disturbed” means a condition that is:

(1) Manifest in an individual younger than 18 years or, if the individual is in a residential treatment center, younger than 21 years;

(2) Diagnosed according to the current diagnostic classification system that is recognized by the Secretary; and

(3) Characterized by a functional impairment that substantially interferes with or limits the child’s role or functioning in the family, school, or community activities.

(b) (1) The Department shall apply to the Health Care Financing Administration of the federal Department of Health and Human Services for a home– and community–based services waiver under § 1915(c) of the federal Social Security Act in order to receive federal matching funds for services to seriously emotionally disturbed individuals who would otherwise require institutionalization in a residential treatment center.

(2) The Department shall apply to the Health Care Financing Administration of the federal Department of Health and Human Services for a home– and community–based services waiver under § 1915(c) of the federal Social Security Act in order to receive federal matching funds for services to autistic children aged 1 through 21 years who would otherwise require institutionalization in an institution for the developmentally disabled.

(c) In accordance with subsection (b)(1) and (2) of this section, the services to be provided for seriously emotionally disturbed individuals or autistic children may include:

(1) Respite services;

(2) Family training and education;

(3) Day treatment services;

(4) Therapeutic integration services;

(5) Intensive individual support services;

(6) Therapeutic living services;

(7) Intensive in–home intervention services; and

(8) Specialized case management services.

(d) The State matching funds required to cover the Medicaid costs under the waiver for autistic children shall be certified or otherwise provided by the Maryland State Department of Education, local school systems, and local lead agencies.

(e) The State matching funds required to cover the Medicaid costs under the waiver for seriously emotionally disturbed individuals shall be certified or otherwise provided by the Maryland State Department of Education, local school systems, local lead agencies, and the Behavioral Health Administration.
Md. Code, Health - General § 15-102.4 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.4
§15–102.
Status: in_force

§15–102.4.

(a) (1) Each managed care organization shall be actuarially sound.

(2) (i) Except as otherwise provided in this section, the surplus that a managed care organization is required to have shall be paid in full.

(ii) A managed care organization shall have an initial surplus that exceeds the liabilities of the managed care organization by at least $1,500,000.

(b) (1) In consultation with the Secretary, the Insurance Commissioner may adjust the initial surplus requirement for a managed care organization that is not licensed as a health maintenance organization. In determining whether to make an adjustment under this paragraph, the Commissioner shall consider:

(i) The proposed capitation level that would be received by the managed care organization under a contract with the Department under this subtitle;

(ii) The proposed range of benefits to be provided under a contract with the Department under this subtitle;

(iii) The existence of any commitment by the Secretary to designate funds over and above the proposed capitation where the designated funds:

1. Are equivalent to the difference between the requirements of § 19–710 of this article and any lower requirements determined by the Commissioner under this subparagraph; and

2. Would be available in case of the impairment or insolvency of the managed care organization; and

(iv) The availability of the money held in trust by the Secretary to pay claims in case of impairment or insolvency of the managed care organization.

(2) Notwithstanding subsection (a)(2)(ii) of this section, a managed care organization shall have an initial surplus that exceeds liabilities by at least $1,250,000. If a managed care organization has an initial surplus that is at least $1,250,000 but less than $1,500,000, prior to approval, the Department shall designate funds under paragraph (1)(iii) of this subsection sufficient to provide an initial surplus of at least $1,500,000.

(c) (1) (i) Each managed care organization shall maintain a surplus that exceeds the liabilities of the managed care organization in the amount that is at least equal to the greater of $750,000 or 5 percent of the subscription charges earned during the prior calendar year as recorded in the annual report filed by the managed care organization with the Commissioner.

(ii) No managed care organization shall be required to maintain a surplus in excess of a value of $3,000,000.

(2) (i) For the protection of the managed care organization’s enrollees and creditors, the applicant shall deposit and maintain in trust with the State Treasurer $100,000 in cash or government securities of the type described in § 5–701(b) of the Insurance Article.

(ii) 1. The deposits shall be accepted and held in trust by the State Treasurer in accordance with the provisions of Title 5, Subtitle 7 of the Insurance Article.

2. For the purpose of applying this subparagraph, a managed care organization shall be treated as an insurer.

(d) Each managed care organization shall comply with risk based capital standards in accordance with regulations adopted by the Insurance Commissioner under § 4–311 of the Insurance Article.
Md. Code, State Personnel and Pensions § 15-103 — MD Code / Article gsp / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

A person may not willfully falsify:

(1) an answer on an examination held under this Division I;

(2) a grade or mark on an examination held under this Division I;

(3) a report on the results of an examination held under this Division I; or

(4) a report on the standing of an individual examined under this Division I.
Md. Code, Transportation § 15-207 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

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

(2) (i) “Coerce” means to compel or attempt to compel by threat of harm, breach of contract, or other adverse action or consequences, including the loss of any incentive or other benefit made available to other dealers of the same line make in the State.

(ii) “Coerce” includes to act in a manner that violates § 15–206.1 of this subtitle.

(iii) “Coerce” does not include to argue, urge, recommend, or persuade.

(3) “Require” means to impose upon a dealer a provision not required by law or previously agreed to by a dealer in a franchise agreement, excluding business decisions made to comply with the requirements of this title by a manufacturer, distributor, or factory branch which are uniformly applied to all Maryland dealers in new vehicles of the manufacturer, distributor, or factory branch.

(b) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, affiliate, or representative, may not coerce any dealer to make any agreement with the manufacturer, distributor, or factory branch or their agent, employee, affiliate, or representative.

(c) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, affiliate, or representative, may not coerce any dealer to order or accept delivery of any vehicle, any equipment, parts, or accessories for a vehicle, or any other commodity that is not required by law or by the dealer’s franchise or that was not ordered voluntarily by the dealer.

(d) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, affiliate, or representative, may not require or coerce a dealer, by franchise agreement or otherwise, or as a condition to the renewal or continuation of a franchise agreement, to:

(1) Exclude from the use of the dealer’s facilities a dealership for which the dealer has a franchise agreement to utilize the facilities; or

(2) Materially change the dealer’s facilities or method of conducting business if the change would impose substantial financial hardship on the business of the dealer.

(e) (1) The provisions of this subsection apply notwithstanding the terms of any franchise agreement or agreement related to a franchise.

(2) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, affiliate, or representative, may not require or coerce a dealer to adhere to performance standards that are not applied uniformly to other similarly situated dealers.

(3) (i) Whether or not uniformly applied to other similarly situated dealers, an assigned market area or a performance standard, sales objective, or program for measuring dealership performance that may have a material effect on a dealer, including the dealer’s right to a benefit or payment under any incentive or reimbursement program, and the application of the standard, sales objective, or program by a manufacturer, distributor, or factory branch shall:

1. Be fair, reasonable, and equitable;

2. Be based on accurate information; and

3. Include considerations of the demographic characteristics and consumer preferences of the population in the dealer’s assigned market area, including:

A. Car and truck preferences of consumers; and

B. Geographic characteristics, such as natural boundaries, road conditions, and terrain, that affect car and truck shopping patterns.

(ii) A dealer that claims that the assignment of a market area or application of a performance standard, sales objective, or program for measuring dealership performance is unfair or unreasonable due to the manufacturer, distributor, or factory branch failing to reasonably consider demographic characteristics of the population in the dealer’s assigned market area, including car and truck preferences of consumers, or due to the geographic characteristics, such as natural boundaries, road conditions, and terrain, that affect car and truck shopping patterns in the dealer’s assigned marketing area, may file a claim in a court of competent jurisdiction to determine whether the design of the assigned market area or the application of the performance standard, sales objective, or program is unfair or unreasonable under this paragraph.

(iii) A manufacturer, distributor, or factory branch has the burden of proving that the design of the assigned market area, or the performance standard, sales objective, or program for measuring dealership performance is fair and reasonable under this paragraph.

(4) (i) If the performance standard is based on a survey, it must be shown that:

1. The survey was designed with experts;

2. The proper universe was examined;

3. A representative sample was chosen; and

4. The data was accurately reported.

(ii) The manufacturer, distributor, or factory branch shall establish the objectivity of the survey process and provide this information to any dealer of the same line make covered by the survey on request.

(f) A franchise agreement or other contract offered to a dealer by a manufacturer, distributor, or factory branch may not contain any provision requiring a dealer to pay the attorney’s fees of the manufacturer, distributor, or factory branch related to disputes involving the franchise.

(g) (1) (i) If the dealer is an entity other than an individual, the dealer shall designate an individual to represent the dealer to do business with the manufacturer, distributor, or factory branch.

(ii) Approval of the individual may not be withheld by the manufacturer, distributor, or factory branch unless the individual is unfit due to lack of good moral character or fails to meet reasonable general business experience requirements.

(2) A dealer shall have a reasonable amount of time to:

(i) Designate a representative or a successor if a change is required for any reason; and

(ii) Obtain approval of the representative or successor designated under item (i) of this paragraph, including time for a hearing, in the event of any objection by the manufacturer, distributor, or factory branch.

(3) At a hearing resulting from an objection to the approval of the designated individual, the manufacturer, distributor, or factory branch has the burden of proving that the designated individual is not of good moral character or fails to meet reasonable general business experience requirements.

(h) (1) (i) Any consumer rebates, dealer incentives, price or interest rate reductions, or finance terms that a manufacturer, distributor, or factory branch offers or advertises, or allows its dealers to offer or advertise, shall be offered to all dealers of the same line make.

(ii) Any manufacturer, distributor, or factory branch that denies the benefit of any consumer rebates, dealer incentives, price or interest rate reductions, or finance terms to a dealer on the basis that the dealer failed to comply with performance standards has the burden of proving that the performance standards comply with the provisions of this section.

(2) Unless a dealer violates a State or local law intended to protect the public, a manufacturer, distributor, or factory branch may not:

(i) Require a dealer to alter or replace an existing dealership facility; or

(ii) Deny, or threaten to deny, any benefit generally available to all dealers for a dealer’s failure to alter or replace an existing dealership facility.

(3) A manufacturer, distributor, or factory branch may not reduce the price of a motor vehicle charged to a dealer or provide different financing terms to a dealer in exchange for the dealer’s agreement to:

(i) Maintain an exclusive sales or service facility;

(ii) Build or alter a sales or service facility; or

(iii) Participate in a floor plan or other financing arrangement.

(i) A manufacturer, distributor, or factory branch may offer rebates, cash incentives, or other promotional items for the sale of a vehicle by its dealers if:

(1) The same rebate, cash incentive, or promotion is offered to all of its dealers of the same line make; and

(2) Any rebate, cash incentive, or promotion that is based on the sale of an individual vehicle is not increased for meeting a performance standard unless the standard is reasonable considering all existing circumstances.

(j) A manufacturer, distributor, or factory branch may not discriminate among its dealers in any program that provides assistance to its dealers, including Internet listings, sales leads, warranty policy adjustments, marketing programs, and dealer recognition programs.

(k) (1) This subsection does not apply to:

(i) The purchase or procurement of:

1. Moveable displays;

2. Brochures or other promotional materials;

3. Special tools and training as required by the manufacturer;

4. Parts for repairs made under warranty obligations of a manufacturer, distributor, or factory branch; or

5. Any goods or services for which a manufacturer, a distributor, a factory branch, or an affiliate provides a credit, stipend, payment, or reimbursement to the dealer that covers all or a substantial portion of the dealer’s program costs;

(ii) Optional programs;

(iii) A program, or the renewal or modification of a program, in existence on October 1, 2014; or

(iv) An agreement between the manufacturer, distributor, factory branch, or affiliate and the dealer that is directly related to the dealer’s completion of a program if separate and valuable consideration has been offered to the dealer and accepted.

(2) (i) Subject to subparagraph (ii) of this paragraph, a manufacturer, distributor, factory branch, or one of its affiliates may not, directly or through an agent, an employee, an affiliate, or a representative, require or coerce by agreement, program, or incentive provision, a dealer to purchase goods or services from a vendor that is selected, identified, or designated by the manufacturer, distributor, factory branch, or one of its affiliates.

(ii) A manufacturer, distributor, factory branch, or one of its affiliates may offer a dealer the option to obtain goods or services under this subsection of substantially similar quality and design from a vendor chosen by the dealer subject to the advanced approval of the manufacturer, distributor, factory branch, or one of its affiliates.

(3) A manufacturer, distributor, factory branch, or one of its affiliates may not unreasonably withhold the approval required under paragraph (2) of this subsection.

(4) Nothing in this subsection may be construed to allow a dealer or vendor to:

(i) Directly or indirectly eliminate or impair in any way a manufacturer’s intellectual property, trademark, or trade dress rights; or

(ii) Erect or maintain signs that do not conform to the intellectual property usage guidelines of the manufacturer, distributor, factory branch, or one of its affiliates.

(5) (i) A manufacturer, distributor, factory branch, or one of its affiliates may not penalize a dealer for failure to participate in an optional program.

(ii) Withholding the benefits of an optional program in which the dealer failed to participate may not be construed to be a penalty imposed by the manufacturer, distributor, factory branch, or affiliate.
Md. Code, Transportation § 15-107 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

If a license issued under this title is lost, stolen, mutilated, destroyed, or becomes illegible, the Administration may issue a duplicate license on application and payment of a fee established by the Administration. Before the Administration issues a duplicate, it may require the licensee to furnish satisfactory proof of the loss, theft, mutilation, destruction, or illegibility. When the Administration issues the duplicate, the license previously issued is void.
Md. Code, Insurance § 15-122 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-122
§15–122.
Status: in_force

(a) In this section, “carrier” means:

(1) an insurer;

(2) a nonprofit health service plan;

(3) a health maintenance organization;

(4) a dental plan organization; or

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

(b) Before renewing a health benefit plan, a carrier shall mail a notice of renewal to the group contract holder at least 45 days before the expiration of the health benefit plan.

(c) The notice of renewal shall include the dates of the renewal period, the health benefit plan rates, and the terms of coverage under the health benefit plan.
Md. Code, Insurance § 15-836 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-836
§15–836.
Status: in_force

(a) This section applies to:

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

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

(b) (1) Subject to paragraph (2) of this subsection, an entity subject to this section shall provide, for an enrollee or insured whose hair loss results from chemotherapy or radiation treatment for cancer, coverage for one hair prosthesis.

(2) The cost of a hair prosthesis required under paragraph (1) of this subsection may not exceed $350.

(c) To be covered under this section, a hair prosthesis must be prescribed by the oncologist in attendance.
Md. Code, Public Safety § 15-102 — MD Code / Article gps / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) (1) On or before December 1, 2013, the Commission shall:

(i) evaluate the process and criteria the U.S. Secretary of Transportation would use to review an application for certification or agreement with the U.S. Secretary of Transportation under 49 U.S.C. Chapter 601 with respect to interstate pipelines located within the State; and

(ii) determine whether it is in the public interest for the Commission to apply for certification or agreement with the U.S. Secretary of Transportation under 49 U.S.C. Chapter 601, to act for the U.S. Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to interstate gas pipelines located within the State.

(2) If the Commission determines that it is in the public interest for the Commission to act for the U.S. Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to interstate pipelines located within the State, the Commission shall, on or before January 1, 2014, apply for certification or agreement with the U.S. Secretary of Transportation.

(b) If the Commission enters into a certification or agreement with the U.S. Secretary of Transportation to act for the U.S. Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to interstate pipelines located within the State, the Commission shall, in accordance with federal regulations:

(1) make periodic certifications and reports to the U.S. Department of Transportation as may be required under 49 U.S.C. Chapter 601; and

(2) take any other actions necessary to carry out responsibilities under a certification or an agreement with the U.S. Secretary of Transportation under this title.

(c) The Commission may:

(1) accept grants–in–aid, cash, and reimbursements made available to the State to implement federal pipeline safety laws or other federal law; and

(2) charge an owner of an interstate gas pipeline a fee to recover the costs of the inspections of the owner’s interstate gas pipelines located within the State, less any grants provided through the U.S. Department of Transportation for inspecting interstate pipelines.
Md. Code, Commercial Law § 15-209 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-209
§15–209.
Status: in_force

(a) If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may:

(1) Have the conveyance set aside or obligation annulled to the extent necessary to satisfy the claim; or

(2) Levy on or garnish the property conveyed as if the conveyance were not made.

(b) In an action to have a conveyance set aside or an obligation annulled, it is not necessary as a condition to the granting of relief that the creditor first obtain judgment on the claim.

(c) A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment.
Md. Code, Insurance § 15-913 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-913
§15–913.
Status: in_force

The Commissioner shall adopt reasonable regulations that specify prohibited policy provisions, not otherwise specifically authorized by statute, that in the opinion of the Commissioner are unjust, unfair, or unfairly discriminatory to any individual insured or proposed to be insured under a Medicare supplement policy or certificate.
Md. Code, Insurance § 15-1608 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1608
§15–1608.
Status: in_force

A pharmacy benefits manager shall maintain adequate books and records about each purchaser for which the pharmacy benefits manager provides pharmacy benefits management services:

(1) in accordance with prudent standards of record keeping;

(2) for the duration of the agreement between the pharmacy benefits manager and the purchaser; and

(3) for 3 years after the pharmacy benefits manager ceases to provide pharmacy benefits management services for the purchaser.