Md. Code, Insurance § 19-509.1 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-509.1
§19–509.
Status: in_force

§19–509.1. IN EFFECT

(a) In this section, “underinsured motor vehicle” means a motor vehicle that has liability coverage in an amount less than, more than, or equal to the uninsured motorist coverage provided under the insured party’s motor vehicle liability insurance policy.

(b) The enhanced underinsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:

(1) that insures a motor vehicle that:

(i) is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or

(ii) is exempt from registration under § 13–402(c)(10) of the Transportation Article;

(2) if a first named insured under a new policy or binder of private passenger motor vehicle liability insurance issued on or after July 1, 2024, has waived enhanced underinsured motorist coverage under this section; or

(3) if a first named insured on a renewal policy issued before July 1, 2024, has not elected to obtain enhanced underinsured motorist coverage under this section.

(c) (1) Unless waived in accordance with this subsection, an insurer shall provide enhanced underinsured motorist coverage at the time of purchase of a private passenger motor vehicle liability insurance policy.

(2) (i) The first named insured under a policy or binder of private passenger motor vehicle liability insurance may elect to waive enhanced underinsured motorist coverage and instead maintain uninsured motorist coverage required under § 19–509 of this subtitle.

(ii) If the first named insured does not wish to obtain the enhanced underinsured motorist coverage under this section, the first named insured shall make an affirmative written statement waiving the coverage.

(iii) A waiver made under this subsection is not effective unless, before the waiver, the insurer gives the first named insured written notice of the nature, extent, benefit, and cost of the level of the enhanced underinsured motorist coverage being waived.

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

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

3. The form shall clearly and concisely explain in at least 14 point boldface type:

A. the nature, extent, benefit, and cost of the level of the enhanced underinsured motorist coverage that would be provided under the policy if not waived by the first named insured;

B. that a failure of the first named insured to make a waiver requires the insurer to provide enhanced underinsured motorist coverage;

C. that the insurer may not refuse to underwrite a person because the person refuses to waive the enhanced underinsured motorist coverage under this subsection; and

D. that a waiver made under this subsection must be an affirmative written waiver.

(v) If the first named insured does not make an affirmative written statement waiving the enhanced underinsured motorist coverage, the insurer shall provide the coverage under this section.

(3) Unless the first named insured affirmatively makes a change in writing, the election to waive enhanced underinsured motorist coverage applies to all subsequent renewals of coverage and to all other policies or endorsements that extend, change, supersede, or replace an existing private passenger motor vehicle insurance policy issued to the first named insured.

(d) In addition to any other coverage required by this subtitle, each private passenger motor vehicle liability insurance policy issued, sold, or delivered in the State on or after July 1, 2024, to an insured that maintains enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19–509 of this subtitle shall contain coverage for damages, subject to the policy limits, that:

(1) the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle;

(2) the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of property damage, including loss of use of the insured vehicle; and

(3) a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an underinsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle.

(e) The enhanced underinsured motorist coverage required by this section shall be on the form that the Commissioner requires.

(f) (1) The enhanced underinsured motorist coverage contained in a private passenger motor vehicle liability insurance policy:

(i) shall at least equal:

1. the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and

2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and

(ii) may not exceed the amount of liability coverage provided under the policy.

(2) The amount of enhanced underinsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.

(g) An insurer may exclude from the enhanced underinsured motorist coverage required by this section benefits for:

(1) the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an underinsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and

(2) the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article.

(h) The limit of liability for an insurer that provides enhanced underinsured motorist coverage under this section:

(1) is subject to § 19–511.1 of this subtitle; and

(2) is the amount of that coverage without any reduction for the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.

(i) (1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the enhanced underinsured motorist coverage provided for in this section.

(2) The enhanced underinsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.

(j) An endorsement or a provision that protects the insured against damages caused by an underinsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an underinsured motor vehicle.

(k) A provision in a private passenger motor vehicle liability insurance policy issued on or after July 1, 2018, about coverage for damages sustained by the insured as a result of the operation of an underinsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.

§19–509.1. // EFFECTIVE JUNE 30, 2029 PER CHAPTER 514 OF 2023 //

(a) In this section, “underinsured motor vehicle” means a motor vehicle that has liability coverage in an amount less than, more than, or equal to the uninsured motorist coverage provided under the insured party’s motor vehicle liability insurance policy.

(b) The enhanced underinsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:

(1) that insures a motor vehicle that:

(i) is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or

(ii) is exempt from registration under § 13–402(c)(10) of the Transportation Article; or

(2) when a first named insured under a policy or binder of private passenger motor vehicle liability insurance has not elected to obtain enhanced underinsured motorist coverage under this section instead of the uninsured motorist coverage required under § 19–509 of this subtitle.

(c) (1) An insurer shall offer enhanced underinsured motorist coverage at the time of purchase of a private passenger motor vehicle liability insurance policy.

(2) The first named insured under a policy or binder of private passenger motor vehicle liability insurance may elect to obtain enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19–509 of this subtitle.

(3) Unless the first named insured affirmatively makes a change in writing, the election to obtain enhanced underinsured motorist coverage applies to all subsequent renewals of coverage and to all other policies or endorsements that extend, change, supersede, or replace an existing private passenger motor vehicle insurance policy issued to the first named insured.

(d) In addition to any other coverage required by this subtitle, each private passenger motor vehicle liability insurance policy issued, sold, or delivered in the State on or after July 1, 2018, to an insured that elects to obtain enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19–509 of this subtitle shall contain coverage for damages, subject to the policy limits, that:

(1) the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle;

(2) the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of property damage, including loss of use of the insured vehicle; and

(3) a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an underinsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle.

(e) The offer of enhanced underinsured motorist coverage required by this section shall be on the form that the Commissioner requires.

(f) (1) The enhanced underinsured motorist coverage contained in a private passenger motor vehicle liability insurance policy:

(i) shall at least equal:

1. the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and

2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and

(ii) may not exceed the amount of liability coverage provided under the policy.

(2) The amount of enhanced underinsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.

(g) An insurer may exclude from the enhanced underinsured motorist coverage required by this section benefits for:

(1) the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an underinsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and

(2) the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article.

(h) The limit of liability for an insurer that provides enhanced underinsured motorist coverage under this section:

(1) is subject to § 19–511.1 of this subtitle; and

(2) is the amount of that coverage without any reduction for the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.

(i) (1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the enhanced underinsured motorist coverage provided for in this section.

(2) The enhanced underinsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.

(j) An endorsement or a provision that protects the insured against damages caused by an underinsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an underinsured motor vehicle.

(k) A provision in a private passenger motor vehicle liability insurance policy issued on or after July 1, 2018, about coverage for damages sustained by the insured as a result of the operation of an underinsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.
Md. Code, Insurance § 19-510 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-510
§19–510.
Status: in_force

§19–510. IN EFFECT

(a) This section applies only when:

(1) the liability coverage under a policy or binder of private passenger motor vehicle liability insurance exceeds the amount required under § 17–103 of the Transportation Article; and

(2) the first named insured under a policy or binder of private passenger motor vehicle liability insurance has uninsured motorist coverage required under § 19–509 of this subtitle and has not obtained enhanced underinsured motorist coverage under § 19–509.1 of this subtitle.

(b) (1) If the first named insured under a policy or binder of private passenger motor vehicle liability insurance does not wish to obtain uninsured motorist coverage in the same amount as the liability coverage provided under the policy or binder, the first named insured shall make an affirmative written waiver of having uninsured motorist coverage in the same amount as the liability coverage.

(2) If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder.

(c) A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, benefit, and cost of the level of the uninsured motorist coverage being waived.

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

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

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

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

(ii) that a failure of the first named insured to make a waiver requires an insurer to provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder of private passenger motor vehicle liability insurance;

(iii) that an insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section; and

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

(4) Subject to the Commissioner’s approval, a waiver made under this section may be made on the same form as the waiver made under § 19–506 of this subtitle.

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

(f) (1) An insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section.

(2) An insurer that violates this subsection is subject to the penalties provided by §§ 4–113 and 4–114 of this article.

§19–510. // EFFECTIVE JUNE 30, 2029 PER CHAPTER 514 OF 2023 //

(a) This section applies only when:

(1) the liability coverage under a policy or binder of private passenger motor vehicle liability insurance exceeds the amount required under § 17–103 of the Transportation Article; and

(2) the first named insured under a policy or binder of private passenger motor vehicle liability insurance has not elected to obtain enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under § 19–509 of this subtitle.

(b) (1) If the first named insured under a policy or binder of private passenger motor vehicle liability insurance does not wish to obtain uninsured motorist coverage in the same amount as the liability coverage provided under the policy or binder, the first named insured shall make an affirmative written waiver of having uninsured motorist coverage in the same amount as the liability coverage.

(2) If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder.

(c) A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, benefit, and cost of the level of the uninsured motorist coverage being waived.

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

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

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

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

(ii) that a failure of the first named insured to make a waiver requires an insurer to provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder of private passenger motor vehicle liability insurance;

(iii) that an insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section; and

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

(4) Subject to the Commissioner’s approval, a waiver made under this section may be made on the same form as the waiver made under § 19–506 of this subtitle.

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

(f) (1) An insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section.

(2) An insurer that violates this subsection is subject to the penalties provided by §§ 4–113 and 4–114 of this article.
Md. Code, Health - General § 19-356 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-356
§19–356.
Status: in_force

(a) A hospital or related institution may not grant a discount to or receive a discount from any medical referral service or in any manner split fees with a medical referral service.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision.
Md. Code, Insurance § 19-509 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-509
§19–509.
Status: in_force

§19–509. IN EFFECT

(a) In this section, “uninsured motor vehicle” means a motor vehicle:

(1) the ownership, maintenance, or use of which has resulted in the bodily injury or death of an insured; and

(2) for which the sum of the limits of liability under all valid and collectible liability insurance policies, bonds, and securities applicable to bodily injury or death:

(i) is less than the amount of coverage provided under this section; or

(ii) has been reduced by payment to other persons of claims arising from the same occurrence to an amount less than the amount of coverage provided under this section.

(b) The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:

(1) that insures a motor vehicle that:

(i) is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or

(ii) is exempt from registration under § 13–402(c)(10) of the Transportation Article; or

(2) if the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle.

(c) In addition to any other coverage required by this subtitle, each motor vehicle liability insurance policy issued, sold, or delivered in the State after July 1, 1975, shall contain coverage for damages, subject to the policy limits, that:

(1) the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle;

(2) the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage, including loss of use of the insured vehicle; and

(3) a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an uninsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle.

(d) The uninsured motorist coverage required by this section shall be in the form and subject to the conditions that the Commissioner approves.

(e) (1) The uninsured motorist coverage contained in a motor vehicle liability insurance policy:

(i) shall at least equal:

1. the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and

2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and

(ii) may not exceed the amount of liability coverage provided under the policy.

(2) Unless waived in accordance with § 19–510 of this subtitle, the amount of uninsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.

(f) An insurer may exclude from the uninsured motorist coverage required by this section benefits for:

(1) the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an uninsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and

(2) the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article.

(g) The limit of liability for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.

(h) (1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the uninsured motorist coverage provided for in this section.

(2) The uninsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.

(i) An endorsement or provision that protects the insured against damages caused by an uninsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an uninsured motor vehicle.

(j) A provision in a motor vehicle liability insurance policy issued after July 1, 1975, about coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.

§19–509. // EFFECTIVE JUNE 30, 2029 PER CHAPTER 514 OF 2023 //

(a) In this section, “uninsured motor vehicle” means a motor vehicle:

(1) the ownership, maintenance, or use of which has resulted in the bodily injury or death of an insured; and

(2) for which the sum of the limits of liability under all valid and collectible liability insurance policies, bonds, and securities applicable to bodily injury or death:

(i) is less than the amount of coverage provided under this section; or

(ii) has been reduced by payment to other persons of claims arising from the same occurrence to an amount less than the amount of coverage provided under this section.

(b) The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:

(1) that insures a motor vehicle that:

(i) is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or

(ii) is exempt from registration under § 13–402(c)(10) of the Transportation Article; or

(2) if the first named insured under a policy or binder of private passenger motor vehicle liability insurance has elected to obtain enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under this section.

(c) In addition to any other coverage required by this subtitle, each motor vehicle liability insurance policy issued, sold, or delivered in the State after July 1, 1975, shall contain coverage for damages, subject to the policy limits, that:

(1) the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle;

(2) the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage, including loss of use of the insured vehicle; and

(3) a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an uninsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle.

(d) The uninsured motorist coverage required by this section shall be in the form and subject to the conditions that the Commissioner approves.

(e) (1) The uninsured motorist coverage contained in a motor vehicle liability insurance policy:

(i) shall at least equal:

1. the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and

2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and

(ii) may not exceed the amount of liability coverage provided under the policy.

(2) Unless waived in accordance with § 19–510 of this subtitle, the amount of uninsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.

(f) An insurer may exclude from the uninsured motorist coverage required by this section benefits for:

(1) the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an uninsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and

(2) the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article.

(g) The limit of liability for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.

(h) (1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the uninsured motorist coverage provided for in this section.

(2) The uninsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.

(i) An endorsement or provision that protects the insured against damages caused by an uninsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an uninsured motor vehicle.

(j) A provision in a motor vehicle liability insurance policy issued after July 1, 1975, about coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.
Md. Code, Health - General § 19-110 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-110
§19–110.
Status: in_force

(a) Except as expressly provided in this subtitle, the power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any regulation, decision, or determination that the Commission makes under authority specifically delegated by law to the Commission.

(b) (1) The power of the Secretary to transfer, by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Commission.

(2) The Secretary may assess an administrative charge, consistent with the indirect cost charge assessed to federal grants, to fund services provided to the Commission by the Executive Branch.

(c) (1) The power of the Secretary over the procurement procedure for units in the Department does not apply to the procurement procedure for the Commission.

(2) Subject to the provisions of paragraph (1) of this subsection, any procurement for services to be performed or for supplies to be delivered to the Commission is subject to the purposes and requirements of the State Finance and Procurement Article.
Md. Code, Health - General § 19-374 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-374
§19–374.
Status: in_force

(a) On the request of a petitioner, an advisory committee shall give advice concerning the options for medical care and treatment of an individual with a life-threatening condition.

(b) (1) The advisory committee shall make a good faith effort to notify a patient, a patient’s immediate family members, a patient’s guardians, and an individual with a power of attorney to make a decision with a medical consequence for a patient, of the individual’s right:

(i) To be a petitioner;

(ii) To meet with the advisory committee concerning the options for medical care and treatment; and

(iii) To receive an explanation of the basis of the advisory committee’s advice.

(2) Any information or document that indicates the wishes of the patient shall take precedence in the deliberations of the advisory committee.

(c) An advisory committee or a member of an advisory committee who gives advice in good faith may not be held liable in court for the advice given.

(d) A person that assists one or more hospitals or related institutions in the establishment of an advisory committee may not be held liable in court for any advice given in good faith by that person, the related institution, the advisory committee, or any member of the advisory committee and the committee and its members may not be held liable for any advice given in good faith.

(e) (1) The proceedings and deliberations of an advisory committee are confidential as provided in § 1-401 of the Health Occupations Article.

(2) The advice of an advisory committee concerning a patient’s medical care and treatment shall become part of the patient’s medical record and is confidential under §§ 4-301 and 4-302 of this article.

(f) A hospital or related institution may not be held liable in a civil action for failing to carry out the advice of an advisory committee concerning a patient’s medical care if the advice given is inconsistent with the written policies of the hospital or related institution.
Md. Code, Insurance § 19-202 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-202
§19–202.
Status: in_force

(a) An insurer that issues, sells, or delivers a homeowner’s insurance policy shall at time of application and renewal offer in writing to provide coverage for loss that:

(1) is caused by or results from water that backs up through sewers or drains; and

(2) is not caused by the negligence of the insured.

(b) If an application or renewal is made by telephone, the insurer is deemed to be in compliance with subsection (a) of this section if, within 7 calendar days after the date of application or renewal, the insurer sends the offer to the applicant or insured by a first–class mail tracking method.

(c) If an application or renewal is made using the Internet, the insurer is deemed to be in compliance with subsection (a) of this section if the insurer provides the offer to the applicant or insured prior to submission of the application or renewal.

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

(e) An insurer may comply with the renewal notice requirements of this section by sending the notice authorized by § 19–216 of this subtitle.
Md. Code, Health - General § 19-222 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-222
§19–222.
Status: in_force

(a) (1) A facility may not change any rate schedule or charge of any type or class defined under § 19-220(b) of this subtitle, unless the facility files with the Commission a written notice of the proposed change that is supported by any information that the facility considers appropriate.

(2) Unless the Commission orders otherwise in conformity to this section, a change in the rate schedule or charge is effective on the date that the notice specifies. That effective date shall be at least 30 days after the date on which the notice is filed.

(b) (1) Commission review of a proposed change may not exceed 150 days after the notice is filed.

(2) The Commission may hold a public hearing to consider the notice.

(3) If the Commission decides to hold a public hearing, the Commission:

(i) Within 65 days after the filing of the notice, shall set a place and date for the hearing; and

(ii) May suspend the effective date of any proposed change until 30 days after conclusion of the hearing.

(4) If the Commission suspends the effective date of a proposed change, the Commission shall give the facility a written statement of the reasons for the suspension.

(5) The Commission:

(i) May conduct the public hearing without complying with formal rules of evidence; and

(ii) Shall allow any interested party to introduce evidence that relates to the proposed change, including testimony by witnesses.

(c) (1) The Commission may permit a facility to change any rate or charge temporarily, if the Commission considers it to be in the public interest.

(2) An approved temporary change becomes effective immediately on filing.

(3) Under the review procedures of this section, the Commission promptly shall consider the reasonableness of the temporary change.

(d) If the Commission modifies a proposed change or approves only part of a proposed change, a facility, without losing its right to appeal the part of the Commission order that denies full approval of the proposed change, may:

(1) Charge its patients according to the decision of the Commission; and

(2) Accept any benefits under that decision.

(e) If a change in any rate or charge increase becomes effective because a final determination is delayed because of an appeal or otherwise, the Commission may order the facility:

(1) To keep a detailed and accurate account of:

(i) Funds received because of the change; and

(ii) The persons from whom these funds were collected; and

(2) As to any funds received because of a change that later is held excessive or unreasonable:

(i) To refund the funds with interest; or

(ii) If a refund of the funds is impracticable, to charge over and amortize the funds through a temporary decrease in charges or rates.

(f) A decision by the Commission on any contested change under this section shall comply with the Administrative Procedure Act and shall be only prospective in effect.

(g) (1) The State Health Services Cost Review Commission shall provide incentives for merger, consolidation, and conversion and for the implementation of the institution–specific plan developed in accordance with § 19–119 of this title.

(2) Notwithstanding any of the provisions in this section, on notification of a merger or consolidation by 2 or more hospitals, the Commission shall review the rates of those hospitals that are directly involved in the merger or consolidation in accordance with the rate review and approval procedures provided in § 19–220 of this subtitle and the regulations of the Commission.

(3) The Commission may provide, as appropriate, for temporary adjustment of the rates of those hospitals that are directly involved in the merger or consolidation, closure, or delicensure in order to provide sufficient funds for an orderly transition. These funds may include:

(i) Allowances for those employees who are or would be displaced;

(ii) Allowances to permit a surviving institution in a merger to generate capital to convert a closed facility to an alternate use;

(iii) Any other closure costs as defined in § 10–340 of the Economic Development Article; or

(iv) Agreements to allow retention of a portion of the savings that result for a designated period of time.
Md. Code, Local Government § 19-211 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-211
§19–211.
Status: in_force

(a) Except as provided in subsection (b) of this section, this part applies only to the following governmental entities:

(1) a county;

(2) a municipality;

(3) a public corporation or other political subdivision of the State; or

(4) an instrumentality or agency of a county, public corporation, or other political subdivision of the State.

(b) This part does not apply to a housing authority under Division II of the Housing and Community Development Article.
Md. Code, Health - General § 19-705.1 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705.1
§19–705.
Status: in_force

§19–705.1.

(a) The Secretary shall adopt regulations that set out reasonable standards of quality of care that a health maintenance organization shall provide to its members.

(b) (1) The standards of quality of care shall include:

(i) A requirement that a health maintenance organization shall provide for regular hours during which a member may receive services, including providing for services to a member in a timely manner that takes into account the immediacy of need for services;

(ii) A requirement that a health maintenance organization shall have a system for providing a member with 24–hour access to a physician in cases where there is an immediate need for medical services, and for promoting timely access to and continuity of health care services for members, including:

1. Providing 24–hour access by telephone to a person who is able to appropriately respond to calls from members and providers concerning after–hours care; and

2. Providing a 24–hour toll free telephone access system for use in hospital emergency departments in accordance with § 19–705.7 of this subtitle;

(iii) A requirement that any nonparticipating provider shall submit to the health maintenance organization the appropriate documentation of the medical complaint of the member and the services rendered;

(iv) A requirement that a health maintenance organization shall have a physician available at all times to provide diagnostic and treatment services;

(v) A requirement that a health maintenance organization shall ensure that:

1. Each member who is seen for a medical complaint is evaluated under the direction of a physician; and

2. Each member who receives diagnostic evaluation or treatment is under the medical management of a health maintenance organization physician who provides continuing medical management;

(vi) A requirement that each member shall have an opportunity to select a primary physician or a certified nurse practitioner from among those available to the health maintenance organization; and

(vii) A requirement that a health maintenance organization print, in any directory of participating providers or hospitals, in a conspicuous manner, the address, telephone number, and facsimile number of the State agency that members, enrollees, and insureds may call to discuss quality of care issues, life and health insurance complaints, and assistance in resolving billing and payment disputes with the health plan or health care provider, as follows:

1. For quality of care issues and life and health care insurance complaints, the Maryland Insurance Administration; and

2. For assistance in resolving a billing or payment dispute with the health plan or a health care provider, the Health Education and Advocacy Unit of the Consumer Protection Division of the Office of the Attorney General.

(2) This subsection may not be construed to require that a health maintenance organization include certified nurse practitioners on the health maintenance organization’s provider panel as primary care providers.

(c) (1) The health maintenance organization shall make available and encourage appropriate history and baseline examinations for each member within a reasonable time of enrollment set by it.

(2) Medical problems that are a potential hazard to the person’s health shall be identified and a course of action to alleviate these problems outlined.

(3) Progress notes indicating success or failure of the course of action shall be recorded.

(4) The health maintenance organization shall:

(i) Offer or arrange for preventive services that include health education and counseling, early disease detection, immunization, and hearing loss screening of newborns provided by a hospital before discharge;

(ii) Develop or arrange for periodic health education on subjects which impact on the health status of a member population; and

(iii) Notify every member in writing of the availability of these and other preventive services.

(5) The health maintenance organization shall offer services to prevent a disease if:

(i) The disease produces death or disability and exists in the member population;

(ii) The etiology of the disease is known or the disease can be detected at an early stage; and

(iii) Any elimination of factors leading to the disease or immunization has been proven to prevent its occurrence, or early disease detection followed by behavior modification, environmental modification, or medical intervention has been proven to prevent death or disability.

(d) (1) To implement these standards of quality of care, a health maintenance organization shall have a written plan that is updated and reviewed at least every 3 years.

(2) The plan shall include the following information:

(i) Statistics on age, sex, and other general demographic data used to determine the health care needs of its population;

(ii) Identification of the major health problems in the member population;

(iii) Identification of any special groups of members that have unique health problems, such as the poor, the elderly, the mentally ill, and educationally disadvantaged; and

(iv) A description of community health resources and how they will be used.

(3) The health maintenance organization shall state its priorities and objectives in writing, describing how the priorities and objectives relating to the health problems and needs of the member population will be provided for.

(4) (i) The health maintenance organization shall provide at the time membership is solicited a general description of the benefits and services available to its members, including benefit limitations and exclusions, location of facilities or providers, and procedures to obtain medical services.

(ii) The health maintenance organization shall place the following statement, in bold print, on every enrollment card or application: “If you have any questions concerning the benefits and services that are provided by or excluded under this agreement, please contact a membership services representative before signing this application or card”.

(5) The plan shall contain evidence that:

(i) The programs and services offered are based on the health problems of and the community health services available to its member population;

(ii) There is an active program for preventing illness, disability, and hospitalization among its members; and

(iii) The services designed to prevent the major health problems identified among child and adult members and to improve their general health are provided by the health maintenance organization.

(e) (1) The health maintenance organization shall have an internal peer review system that will evaluate the utilizational services and the quality of health care provided to its members.

(2) The review system shall:

(i) Provide for review by appropriate health professionals of the process followed in the provision of health services;

(ii) Use systematic data collection of performances and patient results;

(iii) Provide interpretation of this data to the practitioners;

(iv) Review and update continuing education programs for health professionals providing services to its members;

(v) Identify needed change and proposed modifications to implement the change; and

(vi) Maintain written records of the internal peer review process.

(f) (1) Except as provided in paragraph (5) of this subsection, the Department shall conduct an annual external review of the quality of the health services of the health maintenance organization in a manner that the Department considers to be appropriate.

(2) The external review shall be conducted by:

(i) A panel of physicians and other health professionals that consists of persons who:

1. Have been approved by the Department;

2. Have substantial experience in the delivery of health care in a health maintenance organization setting, but who are not members of the health maintenance organization staff or performing professional services for the health maintenance organization; and

3. Reside outside the area serviced by the health maintenance organization; or

(ii) The Department.

(3) The final decision on the type of external review that is to be employed rests solely with the Secretary.

(4) The external review shall consist of a review and evaluation of:

(i) An internal peer review system and reports;

(ii) The program plan of the health maintenance organization to determine if it is adequate and being followed;

(iii) The professional standards and practices of the health maintenance organization in every area of services provided;

(iv) The grievances relating specifically to the delivery of medical care, including their final disposition;

(v) The physical facilities and equipment; and

(vi) A statistically representative sample of member records.

(5) A health maintenance organization accredited by an accreditation organization approved by the Secretary in accordance with § 19–2302 of this title shall be exempt from the external review.
Md. Code, Health - General § 19-308.7 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-308.7
§19–308.
Status: in_force

§19–308.7.

(a) Unless it is medically inadvisable, each hospital shall allow a pregnant patient to arrange for the donation of the blood extracted from the umbilical cord of the patient’s newborn child to a certified public cord blood bank.

(b) A patient who agrees to donate cord blood to a public cord blood bank may not be charged for the costs of collecting, storing, or transporting the cord blood.

(c) A hospital is not required to collect cord blood if in the professional judgment of a licensed physician the collection of the cord blood would threaten the health of the mother or newborn child.

(d) A hospital or hospital employee, including a physician, nurse, or other medical staff, may not be required to collect cord blood if the collection of cord blood conflicts with the bona fide religious practices and beliefs of the hospital or hospital employee.

(e) This section may not be construed to require a hospital to arrange for the donation of blood extracted from umbilical cords.

(f) (1) The Department, in consultation with obstetricians, the Maryland Hospital Association, and interested groups, shall develop educational materials concerning the values, uses, and donation of umbilical cord blood for the purposes of paragraph (2) of this subsection.

(2) Each obstetrician and hospital that provides obstetrical services shall distribute the educational materials described in paragraph (1) of this subsection to pregnant patients.
Md. Code, Health - General § 19-709 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-709
§19–709.
Status: in_force

(a) When a health maintenance organization files its initial application for a certificate of authority to operate, it shall pay to the Commissioner a fee of $300.

(b) In addition to the fee required under subsection (a) of this section, each health maintenance organization shall pay a reasonable sum that the Commissioner finds to be the cost of the investigations made by the Commissioner and the Department as required under this subtitle.
Md. Code, Health - General § 19-903 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-903
§19–903.
Status: in_force

(a) (1) The Secretary shall adopt regulations to carry out the provisions of this subtitle.

(2) The regulations for general hospice care programs shall set standards for general hospice care programs that are comparable to the standards established by the National Hospice Organization.

(3) The Secretary, by regulation, after consultation with interested groups, including The Hospice Network of Maryland, Inc., shall establish standards for the operation of a hospice care program.

(b) (1) The regulations shall set qualifications for medical directors of hospices. A medical director of a hospice care program need not be an employee or a contractee of a hospice care program.

(2) The regulations for a hospice facility shall require:

(i) The medical director to be a physician licensed to practice medicine in this State;

(ii) The dietary, nursing, pastoral care, pharmaceutical, and social worker services to be adequate; and

(iii) A physician other than an attending physician to be on call and available at all times.

(3) The regulations for a home-based hospice care program shall require:

(i) The medical director to be a physician licensed to practice medicine in this State;

(ii) The provision of bereavement services;

(iii) The provision of services to meet the spiritual or social needs of dying individuals and their families;

(iv) The provision of palliative and supportive medical, nursing, and other health services:

1. Directly or by contract for a general licensee; or

2. By referral only for a limited licensee;

(v) Submission of an annual report which includes service utilization statistics in the format prescribed;

(vi) Written transfer agreements to provide acute inpatient care as needed; and

(vii) Minimum standards concerning the training and role of volunteers in a hospice care program.
Md. Code, Health Occupations § 19-312 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-312
§19–312.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 19-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(d) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(f) If, after a hearing, an individual is found in violation of § 19-311 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.
Md. Code, Health Occupations § 19-311 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-311
§19–311.
Status: in_force

Subject to the hearing provisions of § 19–312 of this subtitle, the Board may deny a license to any applicant, fine a licensee, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1) Obtained or attempted to obtain a license for the applicant or licensee or for another through fraud, deceit, or misrepresentation;

(2) Fraudulently or deceptively uses a license;

(3) Is mentally or physically incompetent to practice social work;

(4) Commits any act of gross negligence, incompetence, or misconduct in the practice of social work;

(5) Engages in a course of conduct that is inconsistent with generally accepted professional standards in the practice of social work;

(6) Violates any provision of this title or regulations governing the practice of social work adopted and published by the Board;

(7) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(8) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of prescribed amounts or without valid medical indication;

(9) Is disciplined by a licensing or disciplinary authority of any state, country, or branch of the armed services, or the Veterans’ Administration for an act that would be grounds for disciplinary action under this section;

(10) Practices social work with an unauthorized person or supervises or aids an unauthorized person in the practice of social work;

(11) Makes or files a false report or record in the practice of social work;

(12) Fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file the report;

(13) Submits a false statement to collect a fee;

(14) Fails to report suspected child abuse or neglect in violation of § 5–704 of the Family Law Article;

(15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services on the basis of race, age, sex, sexual orientation, gender identity, disability, religion, ethnic origin, or HIV status;

(16) Fails to cooperate with a lawful investigation conducted by the Board;

(17) By threats, force, or improper means, intimidates or influences, or attempts to intimidate or influence, for the purpose of:

(i) Causing any person to withhold or change testimony in hearings or proceedings before the Board or otherwise delegated to the Office of Administrative Hearings; or

(ii) Hindering, preventing, or otherwise delaying a person from making information available to the Board in furtherance of an investigation by the Board;

(18) Fails to report suspected abuse or neglect of a vulnerable adult in violation of § 3–604 or § 3–605 of the Criminal Law Article;

(19) Fails to comply with the requirements of any order entered by the Board as a result of any disciplinary matter with the Board, including payment of costs as required by § 19–312 of this subtitle;

(20) Fails to maintain adequate patient records; or

(21) Fails to comply with the maintenance, disclosure, and destruction of medical records as required under Title 4, Subtitles 3 and 4 of the Health – General Article.
Md. Code, Alcoholic Beverages and Cannabis § 19-202 — MD Code / Article gab / Title 19 / Subtitle 2 / Section 19-202
§19–202.
Status: in_force

(a) The County Council sits as the Board.

(b) (1) Each member of the County Council may appoint a substitute member to the Board.

(2) The substitute member shall be from the same County Council district as the appointing member of the County Council.

(3) The substitute member serves:

(i) at the will of the appointing member of the County Council; and

(ii) for as long as the appointing member of the County Council remains in office as a member of the County Council.

(4) The substitute member has all the powers and duties of the appointing member of the County Council when acting on the Board.

(c) (1) A member of the Board may not:

(i) have a financial interest, directly or indirectly, in the manufacture of any alcoholic beverage; or

(ii) derive profit or remuneration from the purchase or sale of an alcoholic beverage, other than the salary payable for the performance of the duties of the position required under this section.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $2,000.
Md. Code, Local Government § 19-307 — MD Code / Article glg / Title 19 / Subtitle 3 / Section 19-307
§19–307.
Status: in_force

(a) A fiscal officer of a municipality who has custody of a sinking fund established by the municipality to pay the principal of or the interest on bonds issued in accordance with the charter of the municipality or this subtitle may invest the sinking fund only as provided in § 19–102 of this title.

(b) A fiscal officer of a municipality who has custody of bond proceeds may invest the proceeds as provided in §§ 17–101 and 17–102 of this article.
Md. Code, Insurance § 19-213 — MD Code / Article gin / Title 19 / Subtitle 2 / Section 19-213
§19–213.
Status: in_force

(a) Each policy of homeowner’s, farmowner’s, or dwelling insurance issued, sold, or delivered in the State that provides property coverage for a dwelling or personal property on a replacement cost basis shall contain a provision that allows an insured to file a claim for the difference between the actual cash value and the replacement cost for the completed repairs or replacement for not less than 2 years after the date of loss.

(b) An insurer may require an insured seeking additional payments on a replacement cost basis to notify the insurer, within 180 days after the date of loss, of the insured’s intent to repair or replace the dwelling or personal property.
Md. Code, Health - General § 19-728 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-728
§19–728.
Status: in_force

(a) The Commissioner is responsible for:

(1) Determining whether each health maintenance organization is or will be able to provide a fiscally sound operation and adequate provision against risk of insolvency and may adopt reasonable rules and regulations designed to achieve this goal; and

(2) Actuarial and financial evaluations and determinations of each health maintenance organization.

(b) (1) If the Commissioner determines that a health maintenance organization is not operating in a fiscally sound manner, the Commissioner shall notify the Department of the determination.

(2) After notifying the Department in accordance with the provisions of paragraph (1) of this subsection, the Commissioner shall monitor the health maintenance organization on a continuous basis until the Commissioner determines that the health maintenance organization is operating in a fiscally sound manner.
Md. Code, Alcoholic Beverages and Cannabis § 19-802 — MD Code / Article gab / Title 19 / Subtitle 8 / Section 19-802
§19–802.
Status: in_force

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

(b) (1) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license.

(2) The license holder shall sell the beer and wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold.

(c) The annual license fee is $350.
Md. Code, Local Government § 19-304 — MD Code / Article glg / Title 19 / Subtitle 3 / Section 19-304
§19–304.
Status: in_force

(a) (1) A municipality may not issue bonds that mature later than 40 years after the date of issue.

(2) A municipality may not issue tax anticipation notes that mature later than 18 months after the date of issue.

(b) A municipality may issue bonds and tax anticipation notes only for cash.

(c) A municipality may not sell bonds or tax anticipation notes at less than par value.

(d) (1) If the charter of a municipality requires a referendum on the issuance of municipal bonds, the bonds may be issued only if the bonds are approved by a majority of voters voting on the question.

(2) If the referendum fails, another referendum may not be held on the question of issuing bonds for the same public purpose until 1 year after the election.

(e) A municipality may not sell bonds unless the municipality:

(1) solicits competitive bids at a public sale; and

(2) publishes notice of the bond sale:

(i) in the form required by the resolution or ordinance;

(ii) in a newspaper of general circulation in the municipality and any other publication that is specified in the resolution or ordinance; and

(iii) two times over a period of at least 10 days before the date specified for the bond sale.
Md. Code, Public Utilities § 19-108 — MD Code / Article gpu / Title 19 / Subtitle 1 / Section 19-108
§19–108.
Status: in_force

A court may:

(1) compel compliance with an order of the Board or Commission regulations governing conflicts of interest, financial disclosure, lobbying, or ethics in public contracting by:

(i) issuing an order to cease and desist from the violation; or

(ii) granting other injunctive relief; and

(2) impose a fine not exceeding $5,000 for a violation of this title or Commission regulations governing conflicts of interest, financial disclosure, lobbying, or ethics in public contracting.
Md. Code, State Finance and Procurement § 19-103 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

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

(b) “Administrative law judge” means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this title.

(c) (1) “Business entity” means any person, as defined in § 1–101(d) of this article, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity or a combination of any of these entities, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.

(2) “Business entity” does not include another governmental entity that is subject to Title VI of the Civil Rights Act of 1964.

(d) “Commercial customer” means a business entity that procured or attempted to procure goods or services from a business entity for business as opposed to personal, family, or household use.

(e) “Commercial Nondiscrimination Policy” means the provisions contained under this title and any regulations or documentation requirements adopted by the Commission on Civil Rights in accordance with this title.

(f) (1) “Commercial treatment” means the treatment of a vendor, supplier, subcontractor, or commercial customer by a business entity that affects the conduct of business and the terms and conditions under which business is transacted between two or more business entities.

(2) “Commercial treatment” does not mean treatment that is unrelated to a business transaction or the conduct of business.

(g) “Commission” means the Commission on Civil Rights.

(h) “Commission staff” means employees of the Commission on Civil Rights designated by the Commission to process, investigate, and pursue complaints filed under this title.

(i) “Contract” means an agreement with a business entity that is let by or on behalf of the State for that business entity to sell or lease supplies or goods, or to provide construction, real estate development, financial, insurance, professional, or other services to the State in return for a fee or any other form of compensation to be paid or provided by the State.

(j) (1) “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners.

(2) “Discrimination” does not include lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace.

(k) “Economic development project” means a real estate development, construction, or renovation project for which the State provides:

(1) funding or other financial assistance, other than payments in exchange for goods or services;

(2) land;

(3) road improvements;

(4) tax credits; or

(5) a below market purchase price.

(l) (1) “Financial institution” means a person:

(i) engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital; or

(ii) that offers financial services in connection with State projects or the administration of State government.

(2) “Financial institution” includes banks, savings and loans, venture capital companies, insurance companies, bonding companies, mortgage companies, credit unions, and brokers.

(m) “Party” means:

(1) the person who has filed a complaint under this title;

(2) the respondent business entity that has been alleged to have violated this title; and

(3) the Commission that is responsible for investigating the complaint and rendering the initial findings.

(n) “Retaliate” means to take any action that has a material negative effect against any person, business or other entity for reporting any incident of discrimination, testifying as a witness at a hearing, or providing requested assistance to Commission staff in any investigation of an incident of discrimination under this title.

(o) “Services” includes construction, real estate development, financial, insurance, professional, and other services.

(p) “State subcontract” means an agreement for the provision of goods or the performance of a particular portion of work to be performed under a contract with the State, where:

(1) the party providing the goods or services is on reasonable notice that the work is to be performed under a State contract; and

(2) the amount to be paid for such goods and services is material with respect to the overall amount of the contract.

(q) “State subcontractor” means the party providing goods or services under a State subcontract.
Md. Code, Education § 19-105 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-105
§19–105.
Status: in_force

(a) A system may contract for the use of or admission to all or any part of any auxiliary facility or any academic facility that was authorized under the requirements of this title with any person, partnership, association, corporation, entity, or agency and may fix the terms, conditions, fees, rents, and rates of charges for use or admission. Such fees, rents, and charges may not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State.

(b) The resolution or trust agreement relating to any bonds may provide that the auxiliary facilities fees and academic fees that have been assigned or pledged as security for the bonds of a system, except the part necessary to pay the cost of maintaining, equipping, repairing, and operating the auxiliary facilities and to provide reserves as provided for in the resolution authorizing the issuance of the bonds or in the trust agreement securing them, shall be set aside at regular intervals in a sinking fund which is hereby pledged to, and charged with, the payment of:

(1) The interest upon the bonds when due;

(2) The principal of the bonds when due;

(3) The necessary charges of paying agents for paying principal and interest; and

(4) The redemption price or purchase price of bonds retired by call or purchase as provided in the resolution or trust agreement.

(c) The pledge is valid and binding from the time when made.

(d) Auxiliary facilities fees and academic fees so pledged and thereafter received by a system are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge of auxiliary facilities fees and academic fees and the rights to receive the same is valid and binding against all parties having any claims of any kind in tort, contract, or otherwise against a system, irrespective of whether such parties have notice thereof.

(e) Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded, pursuant to the Maryland Uniform Commercial Code or otherwise, except in the records of a system.

(f) The use and disposition of money to the credit of the sinking fund or other funds or accounts established under the resolution or trust agreement are subject to the provisions of the resolution authorizing the issuance of the bonds or of the trust agreement.

(g) Notwithstanding any provision of this section, a system may, by resolution passed prior to the issuance of bonds under the provisions of this title or in the trust agreement securing the bonds, covenant to pay all or any part of the cost of maintaining, equipping, repairing, and operating any auxiliary facilities or any academic facilities authorized under the requirements of this title. Each covenant has the force of contract between a system and the holders of the bonds issued on account of the project or projects.
Md. Code, Health - General § 19-4A-02 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-02
§19–4A–02.
Status: in_force

This subtitle does not:

(1) Limit the right of any person who holds a license under this article to act as authorized by that license; or

(2) Prohibit the care of an individual who relies on treatment in accordance with the tenets and practices of a recognized church or religious denomination and, with or without compensation, is provided care in accordance with those tenets and practices.
Md. Code, Health - General § 19-1208 — MD Code / Article ghg / Title 19 / Subtitle 12 / Section 19-1208
§19–1208.
Status: in_force

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 1 year, or both.
Md. Code, Health - General § 19-1906 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1906
§19–1906.
Status: in_force

(a) If the adult dependent care program requests a private agency background check:

(1) The private agency shall issue a statement of its findings to:

(i) On request, the eligible employee; and

(ii) The adult dependent care program; and

(2) The eligible employee shall have an opportunity to contest the findings.

(b) The adult dependent care program shall comply with the federal Fair Credit Reporting Act that includes the issuance of a statement by the program of its findings to an eligible employee when adverse information is obtained that precludes the hiring of that employee.
Md. Code, Education § 19-102 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

(a) In order to provide auxiliary and academic facilities a system may:

(1) Acquire, construct, reconstruct, equip, maintain, repair, renovate, and operate auxiliary and academic facilities at any of its campuses or locations, now existing or hereafter acquired;

(2) (i) Issue bonds for the purpose of financing or refinancing all or any part of the costs of any 1 or more projects of a system, including any project previously financed by a system or any predecessor; or

(ii) Issue bonds for the purpose of acquiring any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor;

(3) Establish 1 or more trust funds for the deposit of the proceeds of the bonds of any issue and retain the interest revenue or other investment income thereon to be applied to the costs of any project, but shall maintain separate accounts within any such trust funds for auxiliary facilities and for academic facilities;

(4) Fix, revise, charge, and collect auxiliary facilities fees and academic fees and pledge all or any part of such auxiliary facilities fees and academic fees as security for bonds issued for auxiliary and academic facilities by a system;

(5) Establish 1 or more trust funds for the deposit of any auxiliary facilities fees and academic fees which may be imposed pursuant to this title, and retain the interest revenue or other investment income thereon, for the purpose of acquiring, constructing, reconstructing, renovating, equipping, maintaining, repairing, and operating auxiliary and academic facilities;

(6) Acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this title;

(7) Enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this title, and employ consulting engineers, architects, attorneys, construction and financial experts, and other employees and agents as may be necessary, and fix their compensation;

(8) Receive and accept from the United States of America or any agency thereof grants and loans for the purpose of financing or refinancing all or any part of the costs of any 1 or more projects, and receive and accept aid or contributions from any sources of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions were made; and

(9) Do all acts and things necessary or convenient to carry out the powers expressly granted by the provisions of this title.

(b) A system may not pledge all or any part of the revenues received from:

(1) A State appropriation;

(2) Contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, activity fees, or auxiliary facilities fees; or

(3) Any other source not expressly authorized by the General Assembly.

(c) (1) The aggregate principal amount of bonds outstanding and the present value of capital lease payments, less the amount of any reserve fund or sinking fund requirement established for the bonds or capital leases, may not exceed, as of the date of issue of the bonds, the following:

(i) $1,700,000,000 for the University System of Maryland;

(ii) $140,000,000 for Morgan State University;

(iii) $60,000,000 for St. Mary’s College of Maryland; and

(iv) $65,000,000 for Baltimore City Community College.

(2) Bonds outstanding do not include:

(i) Bonds previously issued by a system or any predecessor that are to be refunded, but only:

1. To the extent of any outstanding principal on the bonds that are being refunded; and

2. If an escrow or other similar arrangement has been made and held by the State Treasurer, a bank, or a trust company for the payment of such bonds, whether or not redeemed; or

(ii) Borrowings pursuant to § 12–105(c) of this article, except to the extent that such borrowings are subject to a financing agreement the term of which is for more than 5 years for the acquisition of the personal property.

(d) (1) A system may not issue bonds for the purpose of financing all or any part of the costs of any academic facility or facilities until the General Assembly has approved in an act the:

(i) Project or projects for any academic facility or facilities; and

(ii) Maximum principal amount of bonds a system may issue in connection with such project or projects for any academic facility or facilities.

(2) The General Assembly’s approval shall expressly authorize the project or projects for any academic facility or facilities and the maximum principal amount of bonds a system may issue in connection with such project or projects for the academic facility or facilities.

(3) Without the approval of the General Assembly, a system may issue bonds to refinance all or any part of the costs of any project for any academic facility or facilities for which a system previously issued bonds under the authority of this section.

(4) (i) Any bonds issued under the requirements of this subsection shall mature at such times not exceeding the useful life of the project for which the bonds are issued, but not later than 33 years after their respective dates of issue, as may be determined by a system.

(ii) Any bonds issued in accordance with paragraph (3) of this subsection shall mature at such times as may be determined by a system, but not later than 33 years after the date of issue of the bonds that were originally issued for the academic facility or facilities authorized under the requirements of this subsection.

(e) (1) A system shall maintain records identifying the sources and amounts of payments used to support:

(i) The auxiliary facilities; and

(ii) The academic facilities authorized under the requirements of this subtitle.

(2) A system shall report:

(i) By September 1 to the Board of Public Works and, subject to § 2–1257 of the State Government Article, to the Department of Legislative Services, the information for the prior fiscal year required under paragraph (1) of this subsection; and

(ii) By December 1, subject to § 2–1257 of the State Government Article, to the Department of Legislative Services, the anticipated sources and amounts of payments required for the next fiscal year for:

1. Auxiliary facilities; and

2. Academic facilities authorized under the requirements of this title.
Md. Code, Business Occupations and Professions § 19-501 — MD Code / Article gbo / Title 19 / Subtitle 5 / Section 19-501
§19–501.
Status: in_force

A licensed security guard agency is responsible for the acts of each of its employees while the employee is conducting the business of the agency.
Md. Code, Business Occupations and Professions § 19-301 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-301
§19–301.
Status: in_force

(a) Except as otherwise provided in this title, a person shall be licensed by the Secretary as a security guard agency before the person may:

(1) conduct a business that provides security guard services in the State; and

(2) solicit to engage in a business that provides security guard services in the State.

(b) An individual or a firm may qualify for a license as a security guard agency.
Md. Code, Health - General § 19-14C-01 — MD Code / Article ghg / Title 19 / Subtitle 14C / Section 19-14C-01
§19–14C–01.
Status: in_force

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

(b) “Deficiency” has the meaning stated in § 19–1401 of this title.

(c) “Monitoring agency” means:

(1) The Centers for Medicare and Medicaid Services;

(2) The Office of Health Care Quality within the Department;

(3) The Maryland Department of Labor;

(4) A local health department;

(5) The U.S. Department of Veterans Affairs; or

(6) The federal Occupational Safety and Health Administration.

(d) “Nursing home” has the meaning stated in § 19–1401 of this title.
Md. Code, Health - General § 19-4A-08 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-08
§19–4A–08.
Status: in_force

A person who operates a residential service agency without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent offense.
Md. Code, Insurance § 19-517 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-517
§19–517.
Status: in_force

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

(2) “Transportation network company” has the meaning stated in § 10–101 of the Public Utilities Article.

(3) “Transportation network operator” has the meaning stated in § 10–101 of the Public Utilities Article.

(4) “Transportation network services” has the meaning stated in § 10–101 of the Public Utilities Article.

(b) Insurance required under § 10–405 of the Public Utilities Article shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under §§ 19–505 and 19–509 of this subtitle and Title 17, Subtitle 1 of the Transportation Article.

(c) (1) An authorized insurer that writes motor vehicle liability insurance in the State and the Maryland Automobile Insurance Fund may exclude any and all coverage and the duty to defend afforded under an owner’s or operator’s personal motor vehicle insurance policy for any loss or injury that occurs while the vehicle operator is providing transportation network services.

(2) If an insurer that writes motor vehicle liability insurance in the State defends or indemnifies a claim against a driver for which coverage is excluded under the terms of its policy, the insurer shall have a right of contribution against other insurers that provide insurance to the same driver in satisfaction of the requirements of § 10–405 of the Public Utilities Article at the time of the loss.

(3) Nothing in this section or § 10–405 of the Public Utilities Article shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use before July 1, 2015, that excludes coverage for motor vehicles that are used to transport passengers or property for a charge or are available for hire by the public.

(4) The right to exclude coverage and the duty to defend under paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability insurance policy, including:

(i) liability coverage for bodily injury and property damage;

(ii) uninsured and underinsured motorist coverage;

(iii) medical payments coverage;

(iv) personal injury protection coverage;

(v) comprehensive physical damage coverage; and

(vi) collision physical damage coverage.

(5) If an insurer that writes motor vehicle liability insurance in the State excludes coverage for providing transportation network services, the insurer shall provide written notice to the named insured stating that the policy excludes coverage for providing transportation network services:

(i) for a policy initially purchased on or after January 1, 2016, at the time of issuance; and

(ii) for a policy in force before January 1, 2016, at the time the policy first renews after January 1, 2016.

(d) (1) Nothing in this section or § 10–405 of the Public Utilities Article:

(i) may be construed to require a personal motor vehicle insurance policy to provide primary or excess coverage; or

(ii) implies or requires that a personal motor vehicle insurance policy provide coverage while the vehicle operator is providing transportation network services.

(2) Coverage under a motor vehicle insurance policy maintained by a transportation network company may not be dependent on a personal insurer that writes motor vehicle liability insurance in the State first denying a claim, nor may a personal motor vehicle insurance policy be required to first deny a claim.

(3) Nothing in this section or § 10–405 of the Public Utilities Article precludes an insurer that writes motor vehicle liability insurance in the State from providing coverage for an operator’s motor vehicle while the operator is providing transportation network services if the insurer elects to do so by contract or endorsement.
Md. Code, Health - General § 19-314 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-314
§19–314.
Status: in_force

(a) (1) The Secretary promptly shall:

(i) Review each application and the information submitted under Part II of this subtitle; and

(ii) Investigate the proposed new hospital or related institution or proposed conversion, alteration, or addition.

(2) Within 30 days after the application is submitted, the Secretary shall give the applicant:

(i) Notice of approval or disapproval; and

(ii) In case of disapproval, each reason for the disapproval.

(b) The Secretary shall grant approval under Part II of this subtitle if the hospital or related institution will meet the requirements of this subtitle.
Md. Code, Local Government § 19-501 — MD Code / Article glg / Title 19 / Subtitle 5 / Section 19-501
§19–501.
Status: in_force

In this subtitle, “public local law” has the meaning stated in Article XI–F, § 1 of the Maryland Constitution.
Md. Code, Business Regulation § 19-705 — MD Code / Article gbr / Title 19 / Subtitle 7 / Section 19-705
§19–705.
Status: in_force

Nothing in this subtitle limits the ability of the State or a local government to prosecute the owner or operator of a retail pet store for any other violation of law.
Md. Code, Insurance § 19-108 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-108
§19–108.
Status: in_force

An insurer may not issue a vehicle liability insurance policy on an assessable basis.
Md. Code, Health - General § 19-710.1 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-710.1
§19–710.
Status: in_force

§19–710.1.

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

(2) “Adjunct claims documentation” means an abstract of an enrollee’s medical record which describes and summarizes the diagnosis and treatment of, and services rendered to, the enrollee, including, in the case of trauma rendered in a trauma center, an operative report, a discharge summary, a Maryland Ambulance Information Systems form, or a medical record.

(3) “Berenson–Eggers Type of Service Code” means a code in a classification system developed by the Centers for Medicare and Medicaid Services that groups Current Procedural Terminology codes together based on clinical consistency.

(4) “Enrollee” means a subscriber or member of a health maintenance organization.

(5) “Evaluation and management service” means any service with a Berenson–Eggers Type of Service Code in the category of evaluation and management.

(6) “Institute” means the Maryland Institute for Emergency Medical Services Systems.

(7) “Medicare Economic Index” means the fixed–weight input price index that:

(i) Measures the weighted average annual price change for various inputs needed to produce physician services; and

(ii) Is used by the Centers for Medicare and Medicaid Services in the calculation of reimbursement of physician services under Title XVIII of the federal Social Security Act.

(8) “Similarly licensed provider” means:

(i) For a physician:

1. A physician who is board certified or eligible in the same practice specialty; or

2. A group physician practice that contains board certified or eligible physicians in the same practice specialty;

(ii) For a health care provider that is not a physician, a health care provider that holds the same type of license.

(9) (i) “Trauma center” means a primary adult resource center, level I trauma center, level II trauma center, level III trauma center, or pediatric trauma center that has been designated by the institute to provide care to trauma patients.

(ii) “Trauma center” includes an out–of–state pediatric facility that has entered into an agreement with the institute to provide care to trauma patients.

(10) “Trauma patient” means a patient that is evaluated or treated in a trauma center and is entered into the State trauma registry as a trauma patient.

(11) “Trauma physician” means a licensed physician who has been credentialed or designated by a trauma center to provide care to a trauma patient at a trauma center.

(b) In addition to any other provisions of this subtitle, for a covered service rendered to an enrollee of a health maintenance organization by a health care provider not under written contract with the health maintenance organization, the health maintenance organization or its agent:

(1) Shall pay the health care provider within 30 days after the receipt of a claim in accordance with the applicable provisions of this subtitle; and

(2) Shall pay the claim submitted by:

(i) A hospital at the rate approved by the Health Services Cost Review Commission;

(ii) A trauma physician for trauma care rendered to a trauma patient in a trauma center, at the greater of:

1. 140% of the rate paid by the Medicare program, as published by the Centers for Medicare and Medicaid Services, for the same covered service, to a similarly licensed provider; or

2. The rate as of January 1, 2001 that the health maintenance organization paid in the same geographic area, as published by the Centers for Medicare and Medicaid Services, for the same covered service, to a similarly licensed provider; and

(iii) Any other health care provider:

1. For an evaluation and management service, no less than the greater of:

A. 125% of the average rate the health maintenance organization paid as of January 1 of the previous calendar year in the same geographic area, as defined by the Centers for Medicare and Medicaid Services, for the same covered service, to similarly licensed providers under written contract with the health maintenance organization; or

B. 140% of the rate paid by Medicare, as published by the Centers for Medicare and Medicaid Services, for the same covered service to a similarly licensed provider in the same geographic area as of August 1, 2008, inflated by the change in the Medicare Economic Index from 2008 to the current year; and

2. For a service that is not an evaluation and management service, no less than 125% of the average rate the health maintenance organization paid as of January 1 of the previous calendar year in the same geographic area, as defined by the Centers for Medicare and Medicaid Services, to a similarly licensed provider under written contract with the health maintenance organization for the same covered service.

(c) For the purposes of subsection (b)(2)(iii) of this section, a health maintenance organization shall calculate the average rate paid to similarly licensed providers under written contract with the health maintenance organization for the same covered service by summing the contracted rate for all occurrences of the Current Procedural Terminology Code for that service and then dividing by the total number of occurrences of the Current Procedural Terminology Code.

(d) A health maintenance organization shall disclose, on request of a health care provider not under written contract with the health maintenance organization, the reimbursement rate required under subsection (b)(2)(ii) and (iii) of this section.

(e) (1) Subject to paragraph (2) of this subsection, a health maintenance organization may require a trauma physician not under contract with the health maintenance organization to submit appropriate adjunct claims documentation and to include on the uniform claim form a provider number assigned to the trauma physician by the health maintenance organization.

(2) If a health maintenance organization requires a trauma physician to include a provider number on the uniform claim form in accordance with paragraph (1) of this subsection, the health maintenance organization shall assign a provider number to a trauma physician not under contract with the health maintenance organization at the request of the physician.

(3) A trauma center, on request from a health maintenance organization, shall verify that a licensed physician is credentialed or otherwise designated by the trauma center to provide trauma care.

(4) Notwithstanding the provisions of § 19–701(d) of this subtitle, for trauma care rendered to a trauma patient in a trauma center by a trauma physician, a health maintenance organization may not require a referral or preauthorization for a service to be covered.

(f) (1) A health maintenance organization may seek reimbursement from an enrollee for any payment under subsection (b) of this section for a claim or portion of a claim submitted by a health care provider and paid by the health maintenance organization that the health maintenance organization determines is the responsibility of the enrollee.

(2) The health maintenance organization may request and the health care provider shall provide adjunct claims documentation to assist in making the determination under paragraph (1) of this subsection or under subsection (b) of this section.

(g) (1) A health care provider may enforce the provisions of this section by filing a complaint against a health maintenance organization with the Maryland Insurance Administration or by filing a civil action in a court of competent jurisdiction under § 1–501 or § 4–201 of the Courts Article.

(2) The Maryland Insurance Administration or a court shall award reasonable attorney fees if the complaint of the health care provider is sustained.

(h) The Maryland Health Care Commission annually shall review payments to health care providers to determine the compliance of health maintenance organizations with the requirements of this section and report its findings to the Maryland Insurance Administration.

(i) The Maryland Insurance Administration may take any action authorized under this subtitle or the Insurance Article, including conducting an examination under Title 2, Subtitle 2 of the Insurance Article, to investigate and enforce a violation of the provisions of this section.

(j) In addition to any other penalties under this subtitle, the Commissioner may impose a penalty not to exceed $5,000 on any health maintenance organization which violates the provisions of this section if the violation is committed with such frequency as to indicate a general business practice of the health maintenance organization.

(k) The Maryland Insurance Administration, in consultation with the Maryland Health Care Commission, shall adopt regulations to implement this section.
Md. Code, Local Government § 19-231 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-231
§19–231.
Status: in_force

The financial officer may prepare and file with the appropriate agency of the United States any forms, information, and reports with respect to the bonds and the expenditure and investment of proceeds that may be required under the Internal Revenue Code.
Md. Code, Health - General § 19-4A-01 — MD Code / Article ghg / Title 19 / Subtitle 4A / Section 19-4A-01
§19–4A–01.
Status: in_force

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

(b) “Home health care” includes any of the following services:

(1) Audiology and speech pathology;

(2) Dietary and nutritional services;

(3) Drug services;

(4) Home health aide;

(5) Laboratory;

(6) Medical social services;

(7) Nursing;

(8) Occupational therapy;

(9) Physical therapy;

(10) Provision of invasive medical equipment; and

(11) Home medical equipment services.

(c) “Home medical equipment services” means the delivery, installation, maintenance, or replacement of, or instruction in the use of, medical equipment used by a sick or disabled individual to allow the individual to be maintained in a noninstitutional environment.

(d) “Medical equipment” means technologically sophisticated medical devices including:

(1) Oxygen and oxygen delivery systems;

(2) Ventilators;

(3) Respiratory disease management devices;

(4) Electronic and computer driven wheelchairs and seating systems;

(5) Apnea monitors;

(6) Transcutaneous electrical nerve stimulator (T.E.N.S.) units;

(7) Low air loss cutaneous pressure management devices;

(8) Sequential compression devices;

(9) Neonatal home phototherapy devices;

(10) Feeding pumps; and

(11) Other similar equipment as defined in regulations established by the Secretary.

(e) “Personal care aide” means an individual who provides personal care as defined in § 19–301 of this title.

(f) (1) “Residential service agency” means any person that is engaged in a nongovernmental business of employing or contracting with individuals to provide home health care for compensation to an unrelated sick or disabled individual in the residence of that individual.

(2) “Residential service agency” includes any agency that employs or contracts with individuals directly for hire as home health care providers.

(3) “Residential service agency” does not include:

(i) A home health agency that is licensed under the provisions of Subtitle 4 of this title;

(ii) A person required to be licensed as a home health agency under the provisions of Subtitle 4 of this title;

(iii) A home–based hospice care program that is licensed under the provisions of Subtitle 9 of this title;

(iv) A hospital that is licensed under the provisions of Subtitle 3 of this title;

(v) A related institution that is licensed under the provisions of Subtitle 3 of this title;

(vi) Personal care providers under the Medical Assistance Personal Care Program;

(vii) Any person practicing a health occupation that the person is authorized to practice under the Health Occupations Article;

(viii) A nursing referral service agency that is licensed under Subtitle 4B of this title;

(ix) A group of persons licensed under the same title of the Health Occupations Article practicing as a business; or

(x) Residential rehabilitation services providers approved under regulations adopted by the State mental health authority.
Md. Code, Health - General § 19-337 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-337
§19–337.
Status: reserved

(a) (1) Except as expressly provided otherwise in this section, each receiver who is appointed under Part V of this subtitle has all of the powers of a receiver who is appointed under § 3-414 of the Corporations and Associations Article.

(2) The receiver shall perform all acts that are necessary and exercise the powers of the receiver to:

(i) Correct each condition on which the appointment of the receiver was based;

(ii) Ensure adequate care for each individual in the nursing home or community program; and

(iii) Preserve the property of the owner of the nursing home or community program.

(b) The receiver shall report to the court as the court requires.

(c) The receiver of a nursing home or community program shall:

(1) Give each individual and interested parties with respect to each individual notice of the receivership;

(2) Preserve all property of and records that relate to an individual and are in the custody of the receiver or the owner or operating entity;

(3) If an individual is to be discharged or transferred:

(i) Explain to the individual or guardian of the individual the alternative placements that are available;

(ii) Help the individual or guardian of the individual to find an alternative placement;

(iii) Give information about the alternative placement chosen;

(iv) Transport the individual to the alternative placement; and

(v) Transfer all property of and records on the individual, including all necessary medical information, to the individual or the alternative placement.

(d) The receiver may use:

(1) Any private or third-party reimbursements to the nursing home, including any Medicaid or Medicare payments; and

(2) With the approval of the court, money from the fund established under § 19-338 of this subtitle.

(e) If the structure or furnishings of a nursing home or site of the community program violate State or federal law, the receiver may correct the violation:

(1) Without the consent of the court, if the cost of the correction does not exceed $3,000; or

(2) On petition to and with the consent of the court, if the cost of the correction is more than $3,000.

(f) (1) The receiver shall pay the principal of and interest on a mortgage or secured transaction unless the holder of the mortgage or the secured party is the owner or an affiliate of the owner.

(2) On petition of a receiver, the court may:

(i) Allow the receiver to avoid a lease, mortgage, secured transaction, or other contract that the owner or operating entity made if:

1. The person seeking payment under the contract is, or at the time the contract was made was, the owner or an affiliate of the owner; and

2. The contract provides for a rent or interest rate substantially exceeding the rent or interest rate that was reasonable when the contract was made; and

(ii) If the receiver is allowed to avoid the contract, set a reasonable rent or interest rate to be paid on any property that is subject to the contract and is needed to continue operation of the nursing home or community program.

(3) The court shall hold a hearing on a petition under this subsection within 15 days after the petition is filed.

(4) Notice of the petition shall be given to all known owners of property that the petition affects:

(i) By the receiver, at least 10 days before the hearing; or

(ii) By publication, if the receiver files with the court a statement that:

1. Is signed and verified by the receiver;

2. States that the owner of the property cannot be found; and

3. Sets forth a substantial account of reasonable, good faith efforts to find the owner and serve process.

(5) The court shall set a rent under this subsection in an amount that is not less than the total current payments of principal and interest required on all mortgages and secured transactions that:

(i) Affect the property under the contract to be avoided; and

(ii) Cannot be avoided under this subsection.

(6) Payment of the rent or interest rate that a court sets under this subsection is a defense in any action against the receiver for payment or for possession of the property. However, the payment does not relieve the owner or operating entity of any liability for the difference between the amount that the receiver pays and the amount that is due under the contract.

(g) (1) A receiver is not liable for an injury to person or property that results from the condition of the nursing home or site of the community program.

(2) A receiver only is liable for any act or omission that constitutes negligence in the fulfillment of the duties as receiver.

(h) A receiver is entitled to the fee that the court finds reasonable.
Md. Code, Health - General § 19-705.5 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705.5
§19–705.
Status: in_force

§19–705.5.

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

(2) (i) “Inherited metabolic disease” means a disease caused by an inherited abnormality of body chemistry.

(ii) “Inherited metabolic disease” includes a disease for which the State screens newborn babies.

(3) (i) “Low protein modified food product” means a food product that is:

1. Specially formulated to have less than 1 gram of protein per serving; and

2. Intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease.

(ii) “Low protein modified food product” does not include a natural food that is naturally low in protein.

(4) “Medical food” means a food that is:

(i) Intended for the dietary treatment of a disease or condition for which nutritional requirements are established by medical evaluation; and

(ii) Formulated to be consumed or administered enterally under the direction of a physician.

(b) A health maintenance organization shall include as part of its benefit package of health care services to be provided to members and subscribers coverage for medical foods and low protein modified food products for the treatment of inherited metabolic diseases if the medical foods and low protein modified food products are:

(1) Prescribed as medically necessary for the therapeutic treatment of inherited metabolic diseases; and

(2) Administered under the direction of a physician.
Md. Code, Commercial Law § 19-103 — MD Code / Article gcl / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

(a) A supplier may not directly or through an officer, agent, or employee terminate, cancel, fail to renew, or substantially change the competitive circumstances of a contract without good cause.

(b) (1) Except as provided in paragraph (2) of this subsection, a supplier who terminates, cancels, fails to renew, or substantially changes the competitive circumstances of a contract with good cause is not required to provide any notice or the right to cure a deficiency to a dealer.

(2) If a supplier terminates, cancels, fails to renew, or substantially changes the competitive circumstances of a contract based upon the dealer’s failure to capture the share of the market required in the contract and the supplier has worked with the dealer for a minimum of 12 months to gain the desired market share, the supplier shall provide a dealer with at least 90 days’ written notice of the termination of the agreement and a 60 day right to cure.

(c) Notwithstanding any agreement to the contrary, a dealer who terminates a contract with a supplier shall notify the supplier of the termination within 90 days prior to the effective date of the termination.

(d) Each notification required under this section shall:

(1) Be in writing;

(2) Contain:

(i) A statement of intention to terminate the contract;

(ii) A statement of the reasons for the termination; and

(iii) The date on which the termination takes effect; and

(3) Be delivered to the supplier or dealer by:

(i) Certified mail; or

(ii) Personal delivery.
Md. Code, State Finance and Procurement § 19-108 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-108
§19–108.
Status: in_force

(a) In determining whether to proceed further with an investigation and in making findings, Commission staff may consider any evidence provided by the complainant or the respondent business entity as to the following factors:

(1) whether there was an intent to discriminate on the part of the respondent business firm;

(2) whether there was a pattern and practice of discrimination on the part of the respondent business entity;

(3) any actions taken by the respondent business entity to remedy the alleged discrimination;

(4) the effectiveness of any prior attempts by the respondent business entity to remedy the discrimination;

(5) whether the respondent business entity has procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent business entity has not discriminated against such protected class in the overall context of its business; and

(6) any other evidence deemed relevant by the Commission.

(b) Based on a review and investigation consistent with § 20–1005 of the State Government Article, Commission staff shall make an initial finding of each allegation stated in the complaint, that either:

(1) the investigation produced sufficient evidence to find that the alleged discrimination or retaliation did take place (“probable cause”);

(2) the investigation failed to produce sufficient evidence to find that the alleged discrimination or retaliation took place (“no probable cause”);

(3) the investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations, and further investigation did not appear likely to produce sufficient evidence that the alleged discrimination or retaliation did take place (“false or frivolous”);

(4) the allegation has been settled or otherwise resolved with the agreement of the respondent business entity, the complainant, and the State (“settled”); or

(5) the allegation has been withdrawn (“withdrawn”).

(c) Commission staff shall make the initial findings under subsection (b) of this section based on a preponderance of the evidence.

(d) On completion of its initial investigation, Commission staff shall recommend to the Commission the appropriate action to be taken, including:

(1) additional investigation of the complaint;

(2) the Commission’s adoption of the initial findings rendered by Commission staff;

(3) imposition of sanctions;

(4) imposition of remedies; or

(5) other action consistent with this title.

(e) In determining appropriate action on a discrimination claim, the Commission may take into account any evidence provided or uncovered in the course of the investigation regarding:

(1) the impact of the discrimination on affected parties;

(2) the impact of any authorized remedy on the State or any other party;

(3) actions taken by the respondent business entity to remedy the alleged discrimination;

(4) the effectiveness of any prior attempts by the respondent business entity to remedy the discrimination;

(5) whether the respondent business entity has procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent business entity has not discriminated against such protected class in the overall context of its business;

(6) the number and scope of prior violations of this policy by the respondent business entity; and

(7) any other evidence determined to be relevant by the Commission.

(f) (1) Except as provided in paragraph (2) of this subsection, the Commission shall make the initial findings and issue recommendations for appropriate action within 120 calendar days of the receipt of the complaint.

(2) The Commission may extend the time limit set forth in paragraph (1) of this subsection:

(i) for good cause; or

(ii) if the parties agree to mediate a settlement to the complaint.

(g) The Commission shall notify the complainant and the business entity within 5 business days of the issuance of the initial findings and recommendations, including an explanation of the reasons justifying the initial findings.
Md. Code, Health - General § 19-503 — MD Code / Article ghg / Title 19 / Subtitle 5 / Section 19-503
§19–503.
Status: in_force

The Secretary shall adopt rules and regulations that set:

(1) The services to be provided by centers; and

(2) The qualifications and standards for admission to and discharge from the centers.
Md. Code, Health - General § 19-301 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-301
§19–301.
Status: in_force

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

(b) “Accredited hospital” means a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations.

(c) “Accredited residential treatment center” means a residential treatment center that is accredited by:

(1) The Joint Commission on Accreditation of Healthcare Organizations;

(2) The Commission on Accreditation of Rehabilitation Facilities; or

(3) The Council on Accreditation.

(d) “Apartment unit” means any space, in a residential building, that is enclosed and self-contained and has a sanitary environment, if the space includes:

(1) 2 or more rooms;

(2) A direct exit to a thoroughfare or to a common element leading to a thoroughfare;

(3) Facilities for living, sleeping, and eating; and

(4) At least the following facilities for cooking:

(i) Storage space for food and utensils;

(ii) A refrigerator;

(iii) A cook top; and

(iv) Adequate electrical capacity and outlets for small appliances.

(e) (1) “Domiciliary care” means services that are provided to aged or disabled individuals in a protective, institutional or home-type environment.

(2) “Domiciliary care” includes:

(i) Shelter;

(ii) Housekeeping services;

(iii) Board;

(iv) Facilities and resources for daily living; and

(v) Personal surveillance or direction in the activities of daily living.

(f) “Hospital” means an institution that:

(1) Has a group of at least 5 physicians who are organized as a medical staff for the institution;

(2) Maintains facilities to provide, under the supervision of the medical staff, diagnostic and treatment services for 2 or more unrelated individuals; and

(3) Admits or retains the individuals for overnight care.

(g) “License” means a license issued by the Secretary:

(1) To operate a hospital in this State;

(2) To operate a related institution in this State; or

(3) To operate a residential treatment center in this State.

(h) “Limited service hospital” means a health care facility that:

(1) Is licensed as a hospital on or after January 1, 1999;

(2) Changes the type or scope of health care services offered by eliminating the facility’s capability to admit or retain patients for overnight hospitalization;

(3) Retains an emergency or urgent care center; and

(4) Complies with the regulations adopted by the Secretary under § 19-307.1 of this subtitle.

(i) “Nonaccredited hospital” means a hospital not accredited by the Joint Commission on Accreditation of Healthcare Organizations.

(j) “Nonaccredited residential treatment center” means a residential treatment center that is not accredited by:

(1) The Joint Commission on Accreditation of Healthcare Organizations;

(2) The Commission on Accreditation of Rehabilitation Facilities; or

(3) The Council on Accreditation.

(k) “Nursing care” means service for a patient that is:

(1) Ordered by a physician; and

(2) Provided or supervised by a registered or practical nurse who is licensed to practice in this State.

(l) “Nursing facility” means a related institution that provides nursing care for 2 or more unrelated individuals.

(m) “Person” includes this State or a county or municipal corporation.

(n) (1) “Personal care” means a service that an individual normally would perform personally, but for which the individual needs help from another because of advanced age, infirmity, or physical or mental limitation.

(2) “Personal care” includes:

(i) Help in walking;

(ii) Help in getting in and out of bed;

(iii) Help in bathing;

(iv) Help in dressing;

(v) Help in feeding; and

(vi) General supervision and help in daily living.

(o) (1) “Related institution” means an organized institution, environment, or home that:

(i) Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for 2 or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and

(ii) Admits or retains the individuals for overnight care.

(2) “Related institution” does not include a nursing facility or visiting nurse service that is conducted only by or for adherents of a bona fide church or religious organization, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing.

(p) “Residential treatment center” means a psychiatric institution that provides campus-based intensive and extensive evaluation and treatment of children and adolescents with severe and chronic emotional disturbances who require a self-contained therapeutic, educational, and recreational program in a residential setting.

(q) “Unrelated individual” means anyone who is not:

(1) A child, grandchild, parent, grandparent, sibling, stepparent, stepchild, or spouse of the proprietor; or

(2) An in-law of any of these individuals.
Md. Code, Health - General § 19-2601 — MD Code / Article ghg / Title 19 / Subtitle 26 / Section 19-2601
§19–2601.
Status: in_force

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

(b) “Doula” means a nonmedical professional who provides continuous physical, emotional, and informational support to the birthing parent throughout the prenatal, labor, and postpartum periods.

(c) “Hospital” means a hospital, as defined in § 19–301 of this title, that provides obstetric care.

(d) “Significant medical intervention” means a cesarean section, induction of labor, augmentation of labor, operative vaginal delivery, or episiotomy.
Md. Code, Health - General § 19-309 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-309
§19–309.
Status: in_force

(a) Notwithstanding any other provisions of this subtitle, each hospital or residential treatment center shall be open to inspections by the Department to investigate and resolve any complaint concerning patient care, safety, medical and nursing supervision, physical environment, sanitation or dietary matters.

(b) (1) To resolve expeditiously a complaint that alleges the existence of any nonlife-threatening deficiency, the Department may refer the complaint directly to the hospital or residential treatment center.

(2) If appropriate, issues relating to the practice of medicine or the licensure or conduct of a health professional shall be referred to the hospital or the residential treatment center and may be referred to the appropriate licensure board for resolution.

(3) If the Department determines that the hospital or residential treatment center has not satisfactorily addressed the referred complaint or where the complaint alleges the existence of a life-threatening deficiency, the Department shall conduct an independent investigation.
Md. Code, Health - General § 19-22A-05 — MD Code / Article ghg / Title 19 / Subtitle 22A / Section 19-22A-05
§19–22A–05.
Status: in_force

(a) There is a Maryland Council on Advancement of School–Based Health Centers in the Department.

(b) The purpose of the Council is to improve the health and educational outcomes of students who receive services from school–based health centers by advancing the integration of school–based health centers into:

(1) The health care system at the State and local levels; and

(2) The educational system at the State and local levels.

(c) (1) Staff support for the Council shall be provided by the Commission.

(2) The Commission may seek the assistance of organizations with expertise in school–based health care or other matters within the duties of the Council provided in § 19–22A–08 of this subtitle to provide additional staffing resources to the Commission and the Council.
Md. Code, Local Government § 19-615 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-615
§19–615.
Status: in_force

“New school capacity construction bonds” means 10–year bonds issued under this part.
Md. Code, Health - General § 19-330 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-330
§19–330.
Status: in_force

(a) Except as provided in this section for an action under § 19–329(a) of this subtitle, any person aggrieved by a final decision of the Secretary in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) A person aggrieved by a final decision of the Secretary under § 19–329(a) of this subtitle may not appeal.
Md. Code, Health - General § 19-350.1 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-350.1
§19–350.
Status: in_force

§19–350.1.

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

(2) “Third party payor” means any person that administers or provides reimbursement for hospital benefits on an expense incurred basis including:

(i) A health maintenance organization issued a certificate of authority in accordance with Subtitle 7 of this title;

(ii) A health insurer or nonprofit health service plan authorized to offer health insurance policies or contracts in this State in accordance with the Insurance Article; or

(iii) A third party administrator registered under the Insurance Article.

(3) “Uniform claims form” means the claim or billing form for reimbursement of hospital services adopted by the Insurance Commissioner under § 15-1003 of the Insurance Article.

(b) When submitting a claim or bill for reimbursement to a third party payor, a hospital shall use the uniform claims form.

(c) The uniform claims form submitted under this section:

(1) Shall be properly completed; and

(2) May be submitted by electronic transfer.

(d) The Secretary may impose a penalty not to exceed $500 on any hospital that violates the provisions of this section.
Md. Code, Alcoholic Beverages and Cannabis § 19-2703 — MD Code / Article gab / Title 19 / Subtitle 27 / Section 19-2703
§19–2703.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) The granting of probation before judgment to a license holder or employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, Health - General § 19-704 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-704
§19–704.
Status: in_force

A health maintenance organization may operate as authorized by this subtitle notwithstanding any prohibition against the corporate practice of medicine.
Md. Code, Health - General § 19-114 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-114
§19–114.
Status: in_force

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

(a–1) “Acquisition” means:

(1) A transfer of stock or assets that results in a change of the person that controls a health care facility; or

(2) The transfer of more than 25% of stock or ownership interest in a health care facility.

(b) “Ambulatory surgical facility” means any center, service, office, facility, or office of one or more health care practitioners or a group practice that:

(1) Has three or more operating rooms;

(2) Operates primarily for the purpose of providing surgical services to patients who do not require overnight hospitalization; and

(3) Seeks reimbursement from payors as an ambulatory surgical facility.

(c) “Certificate of need” means a certification of public need issued by the Commission under this Part II of this subtitle for a health care project.

(d) (1) “Health care facility” means:

(i) A hospital, as defined in § 19–301 of this title;

(ii) A limited service hospital, as defined in § 19–301 of this title;

(iii) A related institution, as defined in § 19–301 of this title;

(iv) An ambulatory surgical facility;

(v) An inpatient facility that is organized primarily to help in the rehabilitation of disabled individuals, through an integrated program of medical and other services provided under competent professional supervision;

(vi) A home health agency, as defined in § 19–401 of this title;

(vii) A hospice, as defined in § 19–901 of this title;

(viii) A freestanding medical facility, as defined in § 19–3A–01 of this title; and

(ix) Any other health institution, service, or program for which this Part II of this subtitle requires a certificate of need.

(2) “Health care facility” does not include:

(i) A hospital or related institution that is operated, or is listed and certified, by the First Church of Christ Scientist, Boston, Massachusetts;

(ii) For the purpose of providing an exception to the requirement for a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care constructed by a provider of continuing care, as defined in § 10–401 of the Human Services Article, if:

1. Except as provided under § 19–123 of this subtitle, the facility is for the exclusive use of the provider’s subscribers who have executed continuing care agreements, including continuing care at home agreements, and paid entrance fees that are at least equal to the lowest entrance fee charged for an independent living unit, an assisted living unit, or a continuing care at home agreement before entering the continuing care community, regardless of the level of care needed by the subscribers at the time of admission;

2. The facility is located on the campus of the continuing care community; and

3. The number of comprehensive care nursing beds in the community does not exceed:

A. 24 percent of the number of independent living units in a community having less than 300 independent living units; or

B. 20 percent of the number of independent living units in a community having 300 or more independent living units;

(iii) For the purpose of providing an exception to the requirement for a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care that:

1. Is owned and operated by the Maryland Department of Veterans and Military Families; and

2. Restricts admissions to individuals who meet the residency requirements established by the Maryland Department of Veterans and Military Families and are:

A. Veterans who were discharged or released from the uniformed services under honorable conditions;

B. Former members of a reserve component, as defined in § 9–901 of the State Government Article; or

C. Nonveteran spouses of eligible veterans;

(iv) Except for a facility to provide kidney transplant services or programs, a kidney disease treatment facility, as defined by rule or regulation of the United States Department of Health and Human Services;

(v) Except for kidney transplant services or programs, the kidney disease treatment stations and services provided by or on behalf of a hospital or related institution; or

(vi) The office of one or more individuals licensed to practice dentistry under Title 4 of the Health Occupations Article, for the purposes of practicing dentistry.

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

(f) “Health service area” means an area of this State that the Governor designates as appropriate for planning and developing of health services.

(g) “Local health planning agency” means the health department of a jurisdiction or a body designated by the local health department to perform health planning functions.

(h) “State health plan” means the State health plan for facilities and services.
Md. Code, Health - General § 19-211 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-211
§19–211.
Status: in_force

(a) (1) Except for a facility that is operated or is listed and certified by the First Church of Christ Scientist, Boston, Massachusetts, the Commission has jurisdiction over hospital services offered by or through all facilities.

(2) The jurisdiction of the Commission over any identified physician service shall terminate for a facility on the request of the facility.

(3) The rate approved for an identified physician service may not exceed the rate on June 30, 1985, adjusted by an appropriate index of inflation.

(b) The Commission may not set rates for related institutions until:

(1) State law authorizes the State Medical Assistance Program to reimburse related institutions at Commission rates; and

(2) The United States Department of Health and Human Services agrees to accept Commission rates as a method of providing federal financial participation in the State Medical Assistance Program.

(c) The Commission shall set rates for hospital services provided at:

(1) A freestanding medical facility pilot project authorized under Subtitle 3A of this title prior to January 1, 2008; and

(2) A freestanding medical facility licensed under Subtitle 3A of this title.
Md. Code, Business Occupations and Professions § 19-606 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-606
§19–606.
Status: in_force

An individual whom a licensee employs as a security guard may not willfully make a false statement or report to the licensee about services provided by the licensee.
Md. Code, Health Occupations § 19-318 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-318
§19–318.
Status: in_force

(a) Before a licensee in a private individual, partnership, or group practice provides social work services to a client, the licensee shall provide to the client the following disclosures:

(1) The licensee’s professional identity;

(2) The services which are or may be provided by the licensee and the fees for each service or the hourly rate; and

(3) Sufficient information for a patient to give informed consent regarding the nature of the services to be provided.

(b) The manner of providing these disclosures shall be as follows:

(1) The licensee’s professional identity may be provided by directing the client to the license verification section on the Board’s website;

(2) The licensee’s services and fees may be provided by documented discussion or printed fee schedule; and

(3) Informed consent may be provided by documented discussion or a written form signed by the client which is kept in the client’s file.
Md. Code, Alcoholic Beverages and Cannabis § 19-1306 — MD Code / Article gab / Title 19 / Subtitle 13 / Section 19-1306
§19–1306.
Status: in_force

(a) There is a beer, wine, and liquor tasting (BWLT) license.

(b) (1) Subject to paragraph (2) of this subsection, the Board may issue the license to a holder of a Class A license to hold tastings of beer, wine, or liquor.

(2) A license holder may not hold tastings of any alcoholic beverages that the license holder is not authorized to sell under the holder’s Class A license.

(c) The license authorizes the holder to allow the consumption of beer, wine, or liquor for tasting if:

(1) the consumer is not charged for the beer, wine, or liquor; and

(2) the beer, wine, or liquor is consumed on the premises of the holder of the Class A license.

(d) (1) An applicant for the license shall submit to the Board an application on a form that the Board provides.

(2) The Board may not require the publication of a license application before issuing the license.

(3) The Board may issue the license without a public hearing.

(4) If an initial license application is denied:

(i) the applicant may resubmit the application; and

(ii) on request from the applicant, the Board shall hold a public hearing on the license application before determining whether to issue the license.

(5) The license holder shall notify the Board in writing at least 7 days before the event at which the license is to be used.

(6) Renewal of the license may be made when the holder’s Class A license is renewed.

(e) An individual may consume beer, wine, or liquor covered by the license in a quantity of not more than:

(1) (i) 3 ounces from each offering of beer; and

(ii) 8 ounces from all offerings of beer in 1 day;

(2) (i) 1 ounce from each offering of wine; and

(ii) 4 ounces from all offerings of wine in 1 day; and

(3) (i) 0.5 ounces from each offering of liquor; and

(ii) 1.5 ounces from all offerings of liquor in 1 day.

(f) At the end of the day for which the license is valid, the license holder shall properly dispose of beer, wine, or liquor that remains in a container that was opened for tasting.

(g) The license fee is:

(1) $150 for not more than 15 beer, wine, or liquor tastings per year; or

(2) $250 for not more than 30 beer, wine, or liquor tastings per year.
Md. Code, Health - General § 19-730 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-730
§19–730.
Status: in_force

(a) If any person violates any provision of § 19-729 of this subtitle, the Commissioner may:

(1) Issue an administrative order that requires the health maintenance organization to:

(i) Cease inappropriate conduct or practices by it or any of the personnel employed or associated with it;

(ii) Fulfill its contractual obligations;

(iii) Provide a service that has been denied improperly;

(iv) Take appropriate steps to restore its ability to provide a service that is provided under a contract;

(v) Cease the enrollment of any additional enrollees except newborn children or other newly acquired dependents of existing enrollees; or

(vi) Cease any advertising or solicitation;

(2) In addition to suspending or revoking a certificate of authority:

(i) Impose a penalty of not less than $100, but not more than $125,000 for each violation; and

(ii) Order the health maintenance organization to pay restitution to any person who has suffered financial injury because of the violation;

(3) Suspend, revoke, or refuse to renew the certificate of authority to do business as a health maintenance organization;

(4) Suspend, revoke, or refuse to renew the certificate of a medical director of a health maintenance organization; or

(5) Apply to any court for legal or equitable relief considered appropriate by the Commissioner or the Department, in accordance with the joint internal procedures.

(b) If the Commissioner issues an order or imposes any penalty under this section, the Commissioner immediately shall provide written notice of the order or penalty to the Secretary.
Md. Code, Business Occupations and Professions § 19-507 — MD Code / Article gbo / Title 19 / Subtitle 5 / Section 19-507
§19–507.
Status: in_force

(a) In this section, “agency equipment” means a badge, clothing, or other equipment that:

(1) belongs to a security guard agency; and

(2) bears the name, trade name, or trademark of the security guard agency.

(b) If a security guard agency issues agency equipment for use by an individual who is associated with or employed by the agency, the individual shall return the agency equipment to the agency within 10 days after:

(1) the termination of the individual’s association or employment with the agency; or

(2) the written request of an authorized representative of the agency.
Md. Code, Health - General § 19-801 — MD Code / Article ghg / Title 19 / Subtitle 8 / Section 19-801
§19–801.
Status: in_force

In this subtitle, “problem gambler” means an individual:

(1) Who is preoccupied chronically and progressively with gambling and the urge to gamble; and

(2) Whose gambling behavior compromises, disrupts, or damages the individual’s personal, family, or vocational pursuits.
Md. Code, Health - General § 19-353 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-353
§19–353.
Status: in_force

A health care facility that is not covered under § 19-342 or § 19-343 of this subtitle shall include in a patient’s bill of rights or similar document that is provided to the patient or resident a statement that a patient or resident has the right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of that patient’s or resident’s care.
Md. Code, Business Occupations and Professions § 19-604 — MD Code / Article gbo / Title 19 / Subtitle 6 / Section 19-604
§19–604.
Status: in_force

(a) (1) A licensee may not display or allow to be displayed the agency license certificate at any location other than the principal office of the licensee, as specified in the certificate.

(2) A licensee may not display or allow to be displayed a branch office certificate at any location other than the branch office specified in the certificate.

(b) A licensee may not knowingly alter, deface, or destroy or knowingly allow the alteration, defacement, or destruction of an agency license certificate or branch office certificate.
Md. Code, Insurance § 19-114 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-114
§19–114.
Status: in_force

(a) Each insurer that issues or delivers a medical professional liability insurance policy in the State with an annual premium of $5,000 or more shall offer at a minimum, in addition to the basic policy, additional policies with deductibles in the following amounts:

(1) $25,000;

(2) $50,000; and

(3) $100,000.

(b) In a policy with a deductible described in subsection (a) of this section, the insurer shall apply the deductible only to the liability of the insured under the policy.

(c) (1) An insurer that issues or delivers a medical professional liability insurance policy with a deductible described in subsection (a) of this section may cancel the policy for nonpayment of the deductible when the deductible is due and payable under the policy.

(2) A medical professional liability insurer that cancels a policy under paragraph (1) of this subsection is subject to the notice provisions under § 27–603 of this article.
Md. Code, Health - General § 19-132 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-132
§19–132.
Status: in_force

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

(b) “Ambulatory surgical facility” has the meaning stated in § 19–3B–01 of this title.

(c) “Carrier” means:

(1) An insurer or nonprofit health service plan that holds a certificate of authority and provides health insurance policies or contracts in the State in accordance with the Insurance Article; or

(2) A health maintenance organization that holds a certificate of authority in the State.

(d) “Comprehensive standard health benefit plan” means the comprehensive standard health benefit plan adopted in accordance with § 15–1207 of the Insurance Article.

(e) (1) “Health benefit plan” means a hospital or medical policy, contract, or certificate issued by a carrier.

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

(i) Coverage for accident or disability income insurance;

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

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

(iv) Workers’ compensation or similar insurance;

(v) Automobile or property medical payment insurance;

(vi) Credit–only insurance;

(vii) Coverage for on–site medical clinics;

(viii) Dental or vision insurance;

(ix) Long–term care insurance or benefits for nursing home care, home health care, community–based care, or any combination of these;

(x) Coverage only for a specified disease or illness;

(xi) Hospital indemnity or other fixed indemnity insurance; or

(xii) The following benefits if offered as a separate insurance policy:

1. Medicare supplemental health insurance, as defined in § 1882(g)(1) of the Social Security Act;

2. Coverage supplemental to the coverage provided under Chapter 55 of Title 10 of the United States Code; or

3. Similar supplemental coverage provided to coverage under an employer sponsored plan.

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

(g) (1) “Health care provider” means:

(i) A person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care in the ordinary course of business or practice of a profession or in an approved education or training program; or

(ii) A facility where health care is provided to patients or recipients, including:

1. A facility, as defined in § 10–101(g) of this article;

2. A hospital, as defined in § 19–301 of this title;

3. A related institution, as defined in § 19–301 of this title;

4. A health maintenance organization, as defined in § 19–701(g) of this title;

5. An outpatient clinic; and

6. A medical laboratory.

(2) “Health care provider” includes the agents and employees of a facility who are licensed or otherwise authorized to provide health care, the officers and directors of a facility, and the agents and employees of a health care provider who are licensed or otherwise authorized to provide health care.

(h) “Health care service” means any health or medical care procedure or service rendered by a health care practitioner that:

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

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

(i) “Hospital” has the meaning stated in § 19–301 of this title.

(j) (1) “Mandated health insurance service” means a legislative proposal or statute that would require a particular health care service to be provided or offered in a health benefit plan, by a carrier or other organization authorized to provide health benefit plans in the State.

(2) “Mandated health insurance service”, as applicable to all carriers, does not include services enumerated to describe a health maintenance organization under § 19–701(g)(2) of this title.

(k) “Nursing facility” has the meaning stated in § 19–1401 of this title.

(l) (1) “Office facility” means the office of one or more health care practitioners in which health care services are provided to individuals.

(2) “Office facility” includes a facility that provides:

(i) Ambulatory surgery;

(ii) Radiological or diagnostic imagery; or

(iii) Laboratory services.

(3) “Office facility” does not include any office, facility, or service operated by a hospital and regulated under Part II of this subtitle.

(m) “Payor” means:

(1) A health insurer or nonprofit health service plan that holds a certificate of authority and provides health insurance policies or contracts in the State in accordance with this article or the Insurance Article;

(2) A health maintenance organization that holds a certificate of authority in the State; or

(3) For the purposes of this Part III of this subtitle only, a person that is registered as an administrator under Title 8, Subtitle 3 of the Insurance Article.
Md. Code, State Finance and Procurement § 19-114 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-114
§19–114.
Status: in_force

Every contract and subcontract shall contain a nondiscrimination clause that is substantially similar to the following:

“As a condition of entering into this agreement, the company represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, the company may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”.
Md. Code, State Finance and Procurement § 19-102 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

It is the intent of the State to avoid becoming a passive participant in private sector commercial discrimination by refusing to procure goods and services from business entities that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, gender identity, sexual orientation, or on the basis of disability or other unlawful forms of discrimination by providing a procedure for receiving, investigating, and resolving complaints of discrimination filed against business entities that:

(1) have submitted a bid or proposal; or

(2) have been selected to engage in, or are engaged in, providing goods or services to the State.
Md. Code, Local Government § 19-303 — MD Code / Article glg / Title 19 / Subtitle 3 / Section 19-303
§19–303.
Status: in_force

(a) The issuance of all bonds of a municipality shall be authorized by a resolution adopted or an ordinance enacted by the legislative body of the municipality.

(b) (1) A resolution or an ordinance authorizing municipal bonds shall contain:

(i) a statement of the public purpose for which the bond proceeds are to be spent;

(ii) the form of the bonds, including:

1. the place at which the bonds will be payable;

2. the time at which the bonds will be payable;

3. the interest rate on the bonds or a space to insert the interest rate when determined;

4. the title of each official whose signature must be affixed to or imprinted on the bonds;

5. the authority for issuance of the bonds; and

6. the revenues from which the principal of and interest on the bonds will be payable;

(iii) specific provision for the appropriation and disposal of the bond proceeds;

(iv) specific provision for the payment of the principal of and interest on the bonds, including the source of payment; and

(v) the form of the notice soliciting bids for the purchase of the bonds, including:

1. the date, place, and time for receiving and opening bids;

2. a brief description of the purpose for which the bonds will be issued;

3. a brief description of the denominations, maturities, terms, and conditions of the bonds;

4. a statement of the interest rate of the bonds or the manner of determining the rate;

5. a precise statement of the manner in which the best offer for the bonds will be determined; and

6. a reference to the resolution or ordinance authorizing the bonds.

(2) The provision made for payment of the bonds under paragraph (1)(iv) of this subsection is a covenant binding the municipality to provide money from the source described to pay the principal of and interest on the bonds when due.

(c) (1) A resolution or an ordinance authorizing any municipal bonds may contain any other provision not inconsistent with this subtitle that the legislative body of the municipality considers appropriate, including a provision that:

(i) the principal of and interest on the bonds shall be payable at one or more banks or trust companies in or outside the State;

(ii) except for the signature of the clerk or secretary which must be manually affixed, the signatures of officials of the municipality and official seals to be affixed to the bonds or any coupons attached to the bonds shall be imprinted on the bonds or coupons in facsimile;

(iii) at the option of the municipality, some or all of the bonds shall be made redeemable before maturity, at or above par value as required in the enabling resolution or ordinance if:

1. the bonds contain a statement of the redemption provisions; and

2. the enabling resolution or ordinance provides for published notice before a redemption;

(iv) the issue of bonds shall be in varying denominations and in coupon form registrable as to principal only, in fully registered form, or both forms if they are interchangeable; and

(v) a bond is a valid and binding obligation of the municipality in accordance with the terms of the bond even if an official whose signature appears on the bond:

1. ceases to be an official before the delivery of the bond; or

2. becomes an official after the date of issue of the bond.

(2) Each resolution or ordinance may authorize the executive of the municipality to modify the forms adopted by the resolution or ordinance if the modifications do not alter the substance of the forms.

(d) (1) The notice soliciting bids for the purchase of the bonds may:

(i) require prospective purchasers to submit bids on specified forms;

(ii) require prospective purchasers to accompany their bids with good faith deposits in specified amounts;

(iii) provide for approval of the legality of the bonds; and

(iv) contain a financial statement of the municipality.

(2) The provisions in paragraph (1) of this subsection may be included in the notice of sale or separately set forth in a circular or an official statement, the form of which must be adopted by a resolution or an ordinance of the municipality.

(e) Unless the resolution, ordinance, or municipal charter requires a referendum, neither a resolution or an ordinance authorizing any bonds of a municipality nor the question of the issuance of the bonds need be submitted to referendum of the voters of the municipality.
Md. Code, Business Occupations and Professions § 19-502 — MD Code / Article gbo / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

(a) The offices of each security guard agency shall be supervised by an individual who:

(1) (i) holds, as an individual, the license of the security guard agency; or

(ii) is the representative member of the security guard agency appointed under § 19-302(b) of this title; and

(2) has been investigated and approved by the Secretary under this title.

(b) If a security guard agency is a firm, the agency shall notify the Secretary about:

(1) the identity of the individual serving as the representative member of the agency; and

(2) each vacancy in that position.

(c) (1) Except as provided in paragraph (2) of this subsection, a security guard agency shall appoint a representative member within 90 days after a vacancy occurs in the position.

(2) If the vacancy is caused by the death of or an incapacitating injury to the representative member, the security guard agency shall appoint a replacement within 180 days after the vacancy occurs.

(d) If a licensed security guard agency fails to appoint a representative member as required under subsection (c) of this section, the license of the security guard agency:

(1) is suspended automatically; and

(2) shall remain suspended until the agency complies with the requirements.

(e) The Secretary may adopt regulations to carry out this section.
Md. Code, Business Occupations and Professions § 19-304 — MD Code / Article gbo / Title 19 / Subtitle 3 / Section 19-304
§19–304.
Status: in_force

(a) (1) An applicant for a license shall:

(i) submit to the Secretary an application in the manner and format designated by the Secretary;

(ii) submit the documents required under this section; and

(iii) pay to the Secretary, in a method approved by the Secretary, the fees required under subsection (b) of this section.

(2) If the applicant is a firm, the representative member shall complete the application and otherwise be responsible for the firm’s compliance with this section.

(b) (1) An applicant for a license shall pay to the Secretary an application fee of:

(i) 1. $200, if the applicant is an individual; or

2. $375, if the applicant is a firm; and

(ii) the fees authorized under subsection (c) of this section.

(2) (i) As part of the application for a license, the applicant shall submit to the Secretary the fingerprints required under subsection (c) of this section.

(ii) If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

(c) (1) The Department of State Police shall apply to the Central Repository for a State and national criminal history records check for each applicant.

(2) As part of the application for a criminal history records check, the Department of State Police shall submit to the Central Repository:

(i) two complete sets of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(3) In accordance with §§ 10–201 through 10–235 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant’s criminal history record information.

(4) Information obtained from the Central Repository under this section shall be:

(i) confidential and may not be disseminated; and

(ii) used only for the purpose authorized by this section.

(5) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(d) (1) If the applicant is an individual, the application provided by the Secretary shall require:

(i) the name of the applicant;

(ii) the age of the applicant;

(iii) the address of the applicant; and

(iv) the current and previous employment of the applicant.

(2) If the applicant is a firm, the application provided by the Secretary shall require:

(i) a list of all of the firm members; and

(ii) for each firm member, the same information required regarding an individual applicant under paragraph (1) of this subsection.

(3) For all applicants, the application shall require:

(i) the address of the applicant’s proposed principal place of business and of each proposed branch office;

(ii) any trade or fictitious name that the applicant intends to use while conducting the business of the security guard agency;

(iii) the submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency; and

(iv) as the Secretary considers appropriate, any other information to assist in the evaluation of:

1. an individual applicant; or

2. if the applicant is a firm, any firm member.

(e) The application provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under §§ 19–605 and 19–607 of this title.

(f) (1) If the applicant is an individual, the application shall be signed, under oath, by the individual.

(2) If the applicant is a firm, the application shall be signed, under oath, by the representative member, as the representative member, and shall provide proof to the Secretary that the representative member is a member of the firm.

(g) (1) If the applicant is an individual, the application shall be accompanied by at least three names of individuals who can attest to the character of the applicant.

(2) If the applicant is a firm, the application shall be accompanied by at least three names of individuals who can attest to the character of each firm member.

(h) An applicant for a license who intends to employ one or more individuals as security guards shall submit with the application proof of commercial general liability insurance, as required under § 19–504 of this title.

(i) In addition to meeting the other requirements of this section, a nonresident applicant shall submit a consent and any related document, as required by § 19–505 of this title.
Md. Code, Health - General § 19-717 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-717
§19–717.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section and unless, for good cause shown, the Commissioner extends the time for a reasonable period:

(1) On or before March 1 of each year, each health maintenance organization shall file with the Commissioner a report that shows the financial condition of the health maintenance organization on the last day of the preceding calendar year and any other information that the Commissioner requires by rule or regulation; and

(2) On or before June 1 of each year, each health maintenance organization shall file with the Commissioner an audited financial report for the preceding calendar year.

(b) A health maintenance organization that has a fiscal year other than the calendar year may request permission to file both the annual report required under subsection (a)(1) of this section and the audited financial report required under subsection (a)(2) of this section at the end of its fiscal year rather than the preceding calendar year. If the Commissioner grants this permission, the health maintenance organization shall file the annual report with the Commissioner within 60 days after the end of its fiscal year, and the health maintenance organization shall file the audited financial report with the Commissioner within 150 days after the end of its fiscal year.

(c) With 90 days’ advance notice, the Commissioner may require a health maintenance organization to file an audited financial report earlier than the date specified in subsection (a) of this section.

(d) The annual report shall:

(1) Be on the forms that the Commissioner requires; and

(2) Include a description of any changes in the information submitted under § 19–708 of this subtitle.

(e) The audited financial report shall:

(1) Be on the forms that the Commissioner requires; and

(2) Be certified by an audit of a certified public accounting firm.

(f) Each financial report filed under this section is a public record.
Md. Code, Health Occupations § 19-402 — MD Code / Article gho / Title 19 / Subtitle 4 / Section 19-402
§19–402.
Status: in_force

Unless authorized to practice social work under this title, a person may not:

(1) Represent to the public that the person is a licensed social worker; or

(2) Use any title, abbreviation, sign, card, or other representation that the person is a licensed social worker, including the use of the words “social worker” or “social work” and the use of the abbreviations “LBSW”, “LMSW”, “LCSW”, or “LCSW–C”.
Md. Code, Health - General § 19-350 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-350
§19–350.
Status: in_force

(a) (1) This section applies only to:

(i) Related institutions as defined in § 19–301 of this subtitle; and

(ii) Hospitals as defined in § 19–301 of this subtitle.

(2) Nothing in this section shall apply to charges for services that are set pursuant to § 16–201 of this article.

(b) (1) (i) On request of a patient made before or during treatment, a hospital shall provide to the patient a written estimate of the total charges for the hospital services, procedures, and supplies that reasonably are expected to be provided and billed to the patient by the hospital.

(ii) The written estimate shall state clearly that it is only an estimate and actual charges could vary.

(iii) A hospital may restrict the availability of a written estimate to normal business office hours.

(iv) This paragraph does not apply to emergency services.

(2) Within 30 days after discharge of an individual from a hospital, the hospital shall give the individual a summary financial statement that clearly describes:

(i) The total charges incurred;

(ii) If readily ascertainable, a summary of the total charges under the major services categories, including:

1. Room and board;

2. Diagnostic services;

3. Therapeutic services;

4. Emergency room services;

5. Drugs and IV solutions; and

6. Miscellaneous other supplies and services;

(iii) If applicable, the name of the primary and secondary insurer to which a claim has been or will be filed on the individual’s behalf;

(iv) That charges for services provided by a physician are not included in the total hospital charges and are billed separately; and

(v) The individual’s right to request an itemized statement of the account within 1 year of receipt of the summary statement.

(3) Within 30 days after an individual’s request as provided under paragraph (2)(v) of this subsection, the hospital shall provide the individual a statement of the account that:

(i) Is itemized; and

(ii) Describes briefly but clearly each item and the amount charged for it.

(c) (1) Unless a related institution contracts with its residents to provide care for an all–inclusive preestablished fee, on demand made within 90 days after service is provided to a resident, the related institution shall give the resident or representative of the resident a financial statement that:

(i) Is itemized;

(ii) Describes briefly but clearly each item and the amount charged for it; and

(iii) Identifies the payor to whom a claim has been forwarded.

(2) A related institution may not be required to give a resident more than 1 itemized statement in any 90–day period.

(d) (1) On demand made within 30 days after payment of any charge for an individual, a hospital or related institution shall give the individual or representative of the individual a financial statement that:

(i) Is itemized; and

(ii) Describes briefly but clearly each item and the amount charged for it.

(2) A hospital or related institution is subject to a fine of $300 if it fails to:

(i) Comply with this subsection; or

(ii) Give the individual or representative a reasonable written explanation for any delay in complying with this subsection.

(e) A hospital or related institution may not demand or accept final payment or recover for money unless the hospital or related institution has given the financial statements required under this section.
Md. Code, Health - General § 19-345.3 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-345.3
§19–345.
Status: in_force

§19–345.3.

(a) The Secretary may impose a civil money penalty not to exceed $10,000 for:

(1) Each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle; or

(2) Each willful or grossly negligent violation by a resident’s agent or legal representative of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.

(b) If a civil money penalty is imposed under this section, the facility or agent or legal representative of the resident shall have the right to appeal from an order imposing the civil money penalty in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) (1) A resident, resident’s agent, or resident’s attorney, or the Attorney General on behalf of the resident, who believes that an involuntary discharge or transfer that violates the requirements of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle is imminent or has taken place may request injunctive relief from a circuit court.

(2) To prevent irreparable harm to residents in a facility, the Attorney General may seek injunctive relief on behalf of the State on the basis of an imminent or ongoing violation of a basic right of residents of facilities provided under § 19–343(b)(2)(ii), (iv), (v), (viii), or (x) of this subtitle.

(3) In an action brought by the Attorney General under this subsection, the Attorney General may request that the court impose a civil penalty not to exceed $100,000 for each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.

(4) In exercising the authority granted under paragraphs (2) and (3) of this subsection, the Attorney General may not duplicate any corrective action imposed by the Department for the same violation.
Md. Code, Health - General § 19-719 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-719
§19–719.
Status: in_force

Under rules, regulations, and procedures that the Secretary approves and using methods that keep the identity of patients as confidential as possible, assure objective evaluation, and are consistent with § 19-710 of this subtitle, the Department may do periodic examinations to:

(1) Determine the quality of health care services being provided by health maintenance organizations; and

(2) Develop statistical information.
Md. Code, Health - General § 19-103 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

(a) There is a Maryland Health Care Commission.

(b) The Commission is an independent commission that functions in the Department.

(c) The purpose of the Commission is to:

(1) Develop health care cost containment strategies to help provide access to appropriate quality health care services for all Marylanders, after consulting with the Health Services Cost Review Commission;

(2) Promote the development of a health regulatory system that provides, for all Marylanders, financial and geographic access to quality health care services at a reasonable cost by:

(i) Advocating policies and systems to promote the efficient delivery of and improved access to health care services; and

(ii) Enhancing the strengths of the current health care service delivery and regulatory system;

(3) Facilitate the public disclosure of medical claims data for the development of public policy;

(4) Establish and develop a medical care database on health care services rendered by health care practitioners;

(5) Encourage the development of clinical resource management systems to permit the comparison of costs between various treatment settings and the availability of information to consumers, providers, and purchasers of health care services;

(6) In accordance with Title 15, Subtitle 12 of the Insurance Article, develop a uniform set of effective benefits to be included in the Comprehensive Standard Health Benefit Plan;

(7) Analyze the medical care database and provide, in aggregate form, an annual report on the variations in costs associated with health care practitioners;

(8) Ensure utilization of the medical care database as a primary means to compile data and information and annually report on trends and variances regarding fees for service, cost of care, regional and national comparisons, and indications of malpractice situations;

(9) Establish standards for the operation and licensing of medical care electronic claims clearinghouses in Maryland;

(10) Reduce the costs of claims submission and the administration of claims for health care practitioners and payors;

(11) Determine the cost of mandated health insurance services in the State in accordance with Title 15, Subtitle 15 of the Insurance Article;

(12) Promote the availability of information to consumers on charges by practitioners and reimbursements from payors;

(13) Oversee and administer the Maryland Trauma Physician Services Fund in conjunction with the Health Services Cost Review Commission; and

(14) Establish policies and standards to protect the confidentiality of patient and health care practitioner information related to legally protected health care as defined in § 4–301 of this article.

(d) The Commission shall coordinate the exercise of its functions with the Department and the Health Services Cost Review Commission to ensure an integrated, effective health care policy for the State.
Md. Code, Health - General § 19-913 — MD Code / Article ghg / Title 19 / Subtitle 9 / Section 19-913
§19–913.
Status: in_force

A hospice facility may not admit an individual unless a physician estimates that the individual has no reasonable prospect of cure.
Md. Code, Health - General § 19-710.2 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-710.2
§19–710.
Status: in_force

§19–710.2.

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

(2) “Carrier” means:

(i) An insurer;

(ii) A nonprofit health service plan;

(iii) A health maintenance organization;

(iv) A dental plan organization; or

(v) Any other person or organization that provides health benefit plans subject to State regulation.

(3) “Point-of-service option” means a health benefit plan that permits a member or subscriber of a health maintenance organization to receive any health care service outside the provider panel of the health maintenance organization that is covered under the member’s or subscriber’s contract with the health maintenance organization.

(4) “Provider panel” means those providers with which a health maintenance organization contracts to provide services to the health maintenance organization’s members or subscribers under the health maintenance organization’s health benefit plan.

(b) (1) If an employer, association, or other private group arrangement offers health benefit plan coverage to employees or individuals only through a health maintenance organization, the health maintenance organization with which the employer, association, or other private group arrangement is contracting for the coverage shall offer, or contract with another carrier to offer, a point-of-service option to the employer, association, or other private group arrangement in conjunction with the health maintenance organization as an additional benefit for an employee or individual, at the employee’s or individual’s option, to accept or reject.

(2) When a health maintenance organization is the sole delivery system offered to employees by an employer, the health maintenance organization:

(i) Shall offer the employer a point-of-service option for the individual employee to accept or reject;

(ii) May not impose a minimum participation level on the point-of-service option; and

(iii) As part of the group enrollment application, shall provide to each employer a disclosure statement for each point-of-service option offered that conforms to regulations, for the point-of-service option required under paragraph (1) of this subsection, adopted by:

1. The Maryland Health Care Commission for the small group market; and

2. The Maryland Insurance Administration for the non-small group market.

(c) (1) An employer, association, or other private group arrangement may require an employee or individual that accepts the additional coverage under a point-of-service option under subsection (b) of this section to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization.

(2) A carrier may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the provider panel of the health maintenance organization.
Md. Code, State Finance and Procurement § 19-106 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-106
§19–106.
Status: in_force

(a) Any person may file an administrative complaint with the Commission within the limitations period set forth in § 19–101(c) of this title stating facts showing or tending to show that a business entity has within the preceding 4–year period engaged in discrimination or retaliation against that person in violation of this title.

(b) Within 10 business days, the Commission shall notify the business entity against whom the complaint was filed that a complaint has been received.

(c) Before the commencement of an investigation of an administrative complaint, Commission staff shall review the complaint to determine whether:

(1) mediation would be appropriate; and

(2) both parties should be contacted to attempt such mediation in a manner consistent with the regulations adopted under this title.
Md. Code, Alcoholic Beverages and Cannabis § 19-1502 — MD Code / Article gab / Title 19 / Subtitle 15 / Section 19-1502
§19–1502.
Status: in_force

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:

(1) the licenses are Class D beer or Class D beer and wine licenses; and

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
Md. Code, Alcoholic Beverages and Cannabis § 19-2007 — MD Code / Article gab / Title 19 / Subtitle 20 / Section 19-2007
§19–2007.
Status: in_force

(a) On–premises consumption of alcoholic beverages is allowed:

(1) until 2 a.m. the following day; or

(2) if December 24 or December 31 is on a Sunday, until 3 a.m. December 25 or January 1.

(b) When consumption of alcoholic beverages must end under subsection (a) of this section, all tables and bar areas must be cleared of alcoholic beverages.
Md. Code, Health - General § 19-310.1 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-310.1
§19–310.
Status: in_force

§19–310.1.

(a) (1) This section applies to a nursing facility, as defined in § 19–301 of this subtitle, that:

(i) Has 45 or more beds; and

(ii) Operates in the State.

(2) This section does not apply to a nursing home bed in a continuing care retirement community that has obtained a certificate of registration to provide continuing care under Title 10, Subtitle 4 of the Human Services Article.

(b) (1) The Department may impose a quality assessment on each freestanding nursing facility subject to this section.

(2) The amount assessed in the aggregate on all nursing facilities may not exceed 6.0% of the operating revenue for all nursing facilities subject to this section for the previous fiscal quarter.

(3) The assessment authorized by this section shall be paid by each nursing facility in accordance with this section.

(c) (1) On or before the 60th day after each quarter of the State fiscal year, each nursing facility subject to this section shall pay to the Comptroller an amount determined by the Department based on an amount per non–Medicare day of service for the previous fiscal quarter.

(2) The assessment shall be based on an amount per patient day, not including Medicare days.

(d) (1) All amounts collected by the State Comptroller under this section shall be distributed to a special fund, to be used by the Department only to fund reimbursements to nursing facilities under the Medicaid program.

(2) At least 65% of the funds allocated by the Department as reimbursements to nursing facilities under this section shall be in addition to and may not supplant funds already appropriated for this purpose.

(e) The Department shall adopt regulations to implement this section.

(f) On or before September 1, 2015, and each year thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of this section, including:

(1) The percentage and amount of the assessment charged to each nursing facility subject to this section;

(2) The number of nursing facilities subject to this section with a net loss; and

(3) A comparison of the total amount provided in the Medicaid budget for nursing home reimbursement in the current fiscal year to the actual amount received in the immediately prior fiscal year.
Md. Code, Health - General § 19-214.1 — MD Code / Article ghg / Title 19 / Subtitle 2 / Section 19-214.1
§19–214.
Status: in_force

§19–214.1.

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

(2) “Financial hardship” means medical debt, incurred by a family over a 12–month period, that exceeds 25% of family income.

(3) “Medical debt” means out–of–pocket expenses, including co–payments, coinsurance, and deductibles, for medical costs.

(4) “Medically necessary care” means care that is:

(i) Directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition;

(ii) Consistent with accepted standards of good medical practice; and

(iii) Not primarily for the convenience of the patient, the patient’s family, or the provider.

(b) (1) The Commission shall require each acute care hospital and each chronic care hospital in the State under the jurisdiction of the Commission to develop a financial assistance policy for providing free and reduced–cost care to patients who lack health care coverage or whose health care coverage does not pay the full cost of the hospital bill.

(2) The financial assistance policy shall provide, at a minimum:

(i) Free medically necessary care to patients with family income at or below 200% of the federal poverty level, calculated at the time of service or updated, as appropriate, to account for any change in financial circumstances of the patient that occurs within 240 days after the initial hospital bill is provided;

(ii) Reduced–cost medically necessary care to low–income patients with family income above 200% of the federal poverty level, calculated at the time of service or updated, as appropriate, to account for any change in financial circumstances of the patient that occurs within 240 days after the initial hospital bill is provided;

(iii) A description of the availability of the payment plan required under § 19–214.2(d) of this subtitle; and

(iv) A mechanism for a patient to request the hospital to reconsider the denial of free or reduced–cost care that includes in the request:

1. The Health Education and Advocacy Unit is available to assist the patient or the patient’s authorized representative in filing and mediating a reconsideration request; and

2. The address, phone number, facsimile number, e–mail address, mailing address, and website of the Health Education and Advocacy Unit.

(3) (i) The Commission by regulation may establish income thresholds higher than those under paragraphs (2) and (4) of this subsection.

(ii) In establishing income thresholds that are higher than those under paragraph (2) of this subsection for a hospital, the Commission shall take into account:

1. The patient mix of the hospital;

2. The financial condition of the hospital;

3. The level of bad debt experienced by the hospital; and

4. The amount of charity care provided by the hospital.

(4) Subject to income thresholds set under paragraph (3) of this subsection, the financial assistance policy required under this subsection shall provide reduced–cost medically necessary care to patients with family income below 500% of the federal poverty level who have a financial hardship.

(5) (i) If a patient is eligible for reduced–cost medically necessary care under paragraph (2)(ii) of this subsection, the hospital shall, at a minimum, reduce the patient’s out–of–pocket expenses for the regulated hospital service:

1. For a patient with family income of at least 201% but not more than 250% of the federal poverty level, by 75%; and

2. For a patient with family income of more than 250% but not more than 300% of the federal poverty level, by 60%.

(ii) If a patient is eligible for reduced–cost medically necessary care under paragraph (4) of this subsection, the hospital shall, at a minimum, reduce the patient’s out–of–pocket expenses for the regulated hospital service:

1. For a patient with family income of at least 201% but not more than 250% of the federal poverty level, by 75%;

2. For a patient with family income of more than 250% but not more than 300% of the federal poverty level, by 60%;

3. For a patient with family income of more than 300% but not more than 350% of the federal poverty level, by 50%;

4. For a patient with family income of more than 350% but not more than 400% of the federal poverty level, by 45%;

5. For a patient with family income of more than 400% but not more than 450% of the federal poverty level, by 40%; and

6. For a patient with family income of more than 450% but not more than 500% of the federal poverty level, by 35%.

(6) If a patient has received reduced–cost medically necessary care due to a financial hardship, the patient or any immediate family member of the patient living in the same household:

(i) Shall remain eligible for reduced–cost medically necessary care when seeking subsequent care at the same hospital during the 12–month period beginning on the date on which the reduced–cost medically necessary care was initially received; and

(ii) To avoid an unnecessary duplication of the hospital’s determination of eligibility for free and reduced–cost care, shall inform the hospital of the patient’s or family member’s eligibility for the reduced–cost medically necessary care.

(7) The financial assistance policy required under this subsection shall provide presumptive eligibility for free medically necessary care to a patient who is not eligible for the Maryland Medical Assistance Program or Maryland Children’s Health Program and:

(i) Lives in a household with a child who is enrolled in the free and reduced–cost meal program and is eligible for the program based on the household’s income;

(ii) Receives benefits through the federal Supplemental Nutrition Assistance Program;

(iii) Receives benefits through the State’s Energy Assistance Program;

(iv) Receives benefits through the federal Special Supplemental Food Program for Women, Infants, and Children; or

(v) Receives benefits from any other social service program as determined by the Department and the Commission.

(8) (i) A hospital may consider only household monetary assets in excess of $100,000 when determining eligibility for free and reduced–cost care under the hospital’s financial assistance policy.

(ii) If a hospital considers household monetary assets under subparagraph (i) of this paragraph, retirement assets that the Internal Revenue Service has granted preferential tax treatment as a retirement account, including deferred–compensation plans qualified under the Internal Revenue Code or nonqualified deferred–compensation plans shall be excluded.

(9) (i) In determining the family income of a patient, a hospital shall apply a definition of household size that consists of the patient and, at a minimum, the following individuals:

1. A spouse, regardless of whether the patient and spouse expect to file a joint federal or State tax return;

2. Biological children, adopted children, or stepchildren; and

3. Anyone for whom the patient claims a personal exemption in a federal or State tax return.

(ii) For a patient who is a child, the household size shall consist of the child and the following individuals:

1. Biological parents, adopted parents, or stepparents or guardians;

2. Biological siblings, adopted siblings, or stepsiblings; and

3. Anyone for whom the patient’s parents or guardians claim a personal exemption in a federal or State tax return.

(10) (i) A hospital shall provide notice of the hospital’s financial assistance policy to the patient, the patient’s family, or the patient’s authorized representative before discharging the patient and in each communication to the patient regarding collection of the hospital bill.

(ii) The notice required under subparagraph (i) of this paragraph shall state that the patient has up to 240 days after the day the patient receives the initial hospital bill to apply for financial assistance from the hospital.

(iii) 1. The hospital shall obtain documentation ensuring that the patient or the patient’s authorized representative acknowledges the patient’s receipt of the notice before discharging the patient.

2. If a patient chooses not to apply for financial assistance, the patient’s documented acknowledgment shall indicate that the patient is not applying on the day of the acknowledgment but may apply within 240 days immediately following the patient’s receipt of the initial hospital bill.

(11) The hospital shall consider any change in the patient’s financial circumstance that occurs during the 240–day period following the patient’s receipt of the initial hospital bill if the patient informs the hospital of the change in financial circumstance on or before the conclusion of the 240–day period.

(c) (1) A hospital shall post a notice in conspicuous places throughout the hospital, including the billing office, informing patients of their right to apply for financial assistance and who to contact at the hospital for additional information.

(2) The notice required under paragraph (1) of this subsection shall:

(i) Be in simplified language in at least 10 point type; and

(ii) Be provided in the patient’s preferred language or, if no preferred language is specified, each language spoken by a limited English proficient population that constitutes at least 5% of the overall population within the city or county in which the hospital is located as measured by the most recent census.

(d) The Commission shall:

(1) Develop a uniform financial assistance application; and

(2) Require each hospital to use the uniform financial assistance application to determine eligibility for free and reduced–cost care under the hospital’s financial assistance policy.

(e) The uniform financial assistance application:

(1) Shall be written in simplified language; and

(2) May not require documentation that presents an undue barrier to a patient’s receipt of financial assistance.

(f) (1) Each hospital shall develop an information sheet that:

(i) Describes the hospital’s financial assistance policy and includes a section that allows for a patient to initial that the patient has been made aware of the financial assistance policy;

(ii) Describes a patient’s rights and obligations with regard to hospital billing and collection under the law;

(iii) Provides contact information for the individual or office at the hospital that is available to assist the patient, the patient’s family, or the patient’s authorized representative in order to understand:

1. The patient’s hospital bill;

2. The patient’s rights and obligations with regard to the hospital bill;

3. How to apply for free and reduced–cost care; and

4. How to apply for the Maryland Medical Assistance Program and any other programs that may help pay the bill;

(iv) Provides contact information for the Maryland Medical Assistance Program;

(v) Includes a statement that physician charges are not included in the hospital bill and are billed separately; and

(vi) Informs patients of the right to request and receive a written estimate of the total charges for hospital nonemergency services, procedures, and supplies that reasonably are expected to be provided for professional services by the hospital.

(2) The information sheet shall:

(i) Be in simplified language in at least 10 point type; and

(ii) Be in the patient’s preferred language or, if no preferred language is specified, each language spoken by a limited English proficient population that constitutes at least 5% of the overall population within the city or county in which the hospital is located as measured by the most recent census.

(3) The information sheet shall be provided to the patient, the patient’s family, or the patient’s authorized representative:

(i) Before discharge;

(ii) With the hospital bill;

(iii) On request; and

(iv) In each written communication to the patient regarding collection of the hospital bill.

(4) The hospital bill shall include a reference to the information sheet.

(5) The Commission shall:

(i) Establish uniform requirements for the information sheet; and

(ii) Review each hospital’s implementation of and compliance with the requirements of this subsection.

(g) Each hospital shall ensure the availability of staff who are trained to work with the patient, the patient’s family, and the patient’s authorized representative in order to understand:

(1) The patient’s hospital bill;

(2) The patient’s rights and obligations with regard to the hospital bill, including the patient’s rights and obligations with regard to reduced–cost medically necessary care due to a financial hardship;

(3) How to apply for the Maryland Medical Assistance Program and any other programs that may help pay the hospital bill; and

(4) How to contact the hospital for additional assistance.

(h) Each hospital shall develop a procedure to determine a patient’s eligibility under the hospital’s financial assistance policy in which the hospital:

(1) Determines whether the patient has health insurance;

(2) Determines whether the patient is presumptively eligible for free or reduced–cost care under subsection (b)(7) of this section;

(3) Determines whether uninsured patients are eligible for public or private health insurance;

(4) To the extent practicable, offers assistance to uninsured patients if the patient chooses to apply for public or private health insurance;

(5) To the extent practicable, determines whether the patient is eligible for other public programs that may assist with health care costs;

(6) Uses information in the possession of the hospital, if available, to determine whether the patient is qualified for free or reduced–cost care under the hospital’s financial assistance policy; and

(7) When a patient submits a completed application for financial assistance, determines the patient’s eligibility under the hospital’s financial assistance policy within 14 days after the patient applies for financial assistance and suspends any billing or collections actions while eligibility is being determined.

(i) A hospital may not:

(1) Use a patient’s citizenship or immigration status as an eligibility requirement for financial assistance; or

(2) Withhold financial assistance or deny a patient’s application for financial assistance on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, genetic information, or on the basis of disability.

(j) Each hospital shall submit to the Commission annually at times prescribed by the Commission:

(1) The hospital’s financial assistance policy developed under this section; and

(2) An annual report on the hospital’s financial assistance policy that includes:

(i) The total number of patients who completed or partially completed an application for financial assistance during the prior year;

(ii) The total number of inpatients and outpatients who received:

1. Free care during the immediately preceding year; and

2. Reduced–cost care for the prior year;

(iii) The total number of patients who received financial assistance during the immediately preceding year by race or ethnicity and gender;

(iv) The total number of patients who were denied financial assistance during the immediately preceding year by race or ethnicity and gender;

(v) The total amount of the costs of hospital services provided to patients who received free care; and

(vi) The total amount of the costs of hospital services provided to patients who received reduced–cost care that was either covered by the hospital as financial assistance or that the hospital charged to the patient.

(k) (1) The Commission shall post on its website each hospital’s financial assistance policy and annual report.

(2) The Commission shall compile the reports required under subsection (j) of this section and issue a hospital financial assistance report.

(3) The hospital financial assistance report required under paragraph (2) of this subsection shall be made available to the public free of charge.

(4) On or before December 1 each year, the Commission shall submit a copy of the annual hospital financial assistance report issued under paragraph (2) of this subsection, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee.