Md. Code, Health - General § 15-1004 — MD Code / Article ghg / Title 15 / Subtitle 10 / Section 15-1004
§15–1004.
Status: reserved

§15–1004. IN EFFECT

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

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

(b) The purpose of the Fund is to support the administration, operation, and activities of the Program.

(c) The Department shall administer the Fund.

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

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

(e) The Fund consists of:

(1) Money transferred to the Fund by a nonprofit health service plan under § 14–106(d) of the Insurance Article;

(2) Money appropriated in the State budget to the Fund;

(3) Interest earnings of the Fund; and

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

(f) (1) Except as provided in paragraphs (2) and (3) of this subsection, the Fund may be used only for the administration, operation, and activities of the Program.

(2) For fiscal year 2025 and each fiscal year thereafter, excess funds not required for the administration, operation, and activities of the Program may be used only to subsidize:

(i) The Kidney Disease Program under Title 13, Subtitle 3 of this article; or

(ii) The provision of mental health services to the uninsured under Title 10, Subtitle 2 of this article.

(3) For fiscal year 2025 and each fiscal year thereafter, excess funds not required for the administration, operation, and activities of the Program may be used for health reimbursement accounts established in accordance with § 105(h) of the Internal Revenue Code under § 2–509.1 of the State Personnel and Pensions Article.

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

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

(h) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) The Program shall have its own program code within the State budget.

(i) (1) Beginning July 1, 2016, and quarterly thereafter, the nonprofit health service plan required to subsidize the Program under § 14–106(d) of the Insurance Article shall deposit to the Fund the amount that is necessary to operate and administer the Program for the following quarter.

(2) The amount deposited shall be determined by the Department based on enrollment, expenditures, and revenue for the previous year.

(3) The amount required by the Department under paragraph (2) of this subsection may not exceed the amounts specified in § 14–106(e) of the Insurance Article.
Md. Code, Education § 15-116 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

Each public senior higher education institution shall dedicate a portion of institutional financial aid to provide financial assistance to resident undergraduate students that transfer with an associate’s degree from a community college in the State.
Md. Code, Transportation § 15-805 — MD Code / Article gtr / Title 15 / Subtitle 8 / Section 15-805
§15–805.
Status: in_force

(a) Each licensee shall pay an annual fee to the Administration for each year for which the license is issued.

(b) The annual fee shall be established by the Administration.
Md. Code, Insurance § 15-2012 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2012
§15–2012.
Status: in_force

(a) Each pharmacy services administrative organization shall disclose to the Commissioner the extent of any ownership or control of the pharmacy services administrative organization by any parent company, subsidiary, or other organization that:

(1) provides pharmacy services;

(2) provides prescription drug or device services; or

(3) manufactures, sells, or distributes prescription drugs, biologics, or medical devices.

(b) Each pharmacy services administrative organization shall notify the Commissioner in writing within 5 working days after any material change in its ownership or control relating to any company, subsidiary, or other organization described under subsection (a) of this section.
Md. Code, Criminal Procedure § 15-102 — MD Code / Article gcp / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

Subject to Title 14 of this article, a State’s Attorney shall, in the county served by the State’s Attorney, prosecute and defend on the part of the State all cases in which the State may be interested.
Md. Code, Commercial Law § 15-303 — MD Code / Article gcl / Title 15 / Subtitle 3 / Section 15-303
§15–303.
Status: in_force

(a) Proof of the service made in accordance with § 15-302(a)(2) of this subtitle shall be by written admission of the assignor’s employer on the original assignment.

(b) Within two days from the date of service, the original assignment with the employer’s written admission shall be filed with the clerk of the court.
Md. Code, Health - General § 15-109.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-109.1
§15–109.
Status: in_force

§15–109.1.

(a) The Department, in consultation with the Office of the Attorney General, shall:

(1) Develop and implement a plan for making the advance directive information sheet developed under § 5–615 of this article widely available; and

(2) Make the information sheet described in item (1) of this subsection available in a conspicuous location in each local health department, in each local department of social services, and in community health centers.

(b) The Department shall implement the plan on or before January 1, 2017.

(c) During the development of the plan under subsection (a) of this section and the information sheet under § 5–615 of this article, the Office of the Attorney General shall consult with any interested party including the State Advisory Council on Serious Illness Care.

(d) The Department shall offer:

(1) The information sheet developed under § 5–615 of this article as part of the monthly enrollment packet mailed to a recipient by the enrollment broker; and

(2) The use of electronic advance directives to a recipient through an advance directives service that:

(i) Is approved by the Maryland Health Care Commission and the Department; and

(ii) Meets the technology, security, and privacy standards established by the Maryland Health Care Commission.
Md. Code, Alcoholic Beverages and Cannabis § 15-202 — MD Code / Article gab / Title 15 / Subtitle 2 / Section 15-202
§15–202.
Status: in_force

(a) (1) The Governor shall appoint three members to the Board.

(2) The appointments shall be made:

(i) if the House of Delegates is in session, with the advice and consent of the House of Delegates; or

(ii) if the House of Delegates is not in session, by the Governor alone.

(3) An appointment made under paragraph (2)(ii) of this subsection shall continue in force until the end of the next session of the General Assembly.

(b) Each member of the Board shall be:

(1) a resident and voter of the county; and

(2) an individual of high character and integrity and of recognized business capacity.

(c) (1) The term of a regular member is 3 years.

(2) The terms of the regular members are staggered as required by the terms provided for members of the Board on July 1, 2016.

(d) (1) The Governor shall appoint an eligible individual to fill a vacancy that occurs during the term of office of the individual originally appointed in accordance with subsection (a) of this section.

(2) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty.

(2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days’ notice, an opportunity to be heard publicly in person or by counsel.

(3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor’s findings on the charges.
Md. Code, Transportation § 15-103 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a surety bond required of a licensee under this title shall be for the benefit of the Administration and any other person who suffers any loss because of a violation by the licensee, his agents, or employees of those provisions of the Maryland Vehicle Law that the Administration specifies.

(2) A manufacturer’s or distributor’s bond required under Subtitle 2 of this title shall be for the benefit of the Administration, any dealer, any buyer of a new or used Class A vehicle, and any member of the public who suffers any loss because of the breach of any express or implied warranty given by the manufacturer or distributor to a buyer of the vehicle from a dealer.

(b) Any person who suffers a loss described in subsection (a) of this section has a right of action in his own name against the surety on the bond.

(c) If, before a surety bond required under this title expires or is terminated, the licensee does not file satisfactory evidence that the bond has been extended or replaced by a bond that the Administration approves, his license automatically is suspended. The Administration immediately shall notify the licensee of the suspension.
Md. Code, Insurance § 15-820 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-820
§15–820.
Status: in_force

(a) In this section, “orthopedic brace” means a rigid or semi–rigid device that is used to:

(1) support a weak or deformed body member; or

(2) restrict or eliminate motion in a diseased or injured part of the body.

(b) Each health insurance contract that is delivered or issued for delivery in the State by a nonprofit health service plan and that provides hospital benefits shall provide benefits for orthopedic braces.
Md. Code, Business Occupations and Professions § 15-307.1 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-307.1
§15–307.
Status: in_force

§15–307.1.

(a) The Board may use a testing service to administer the examinations given under this title.

(b) If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may:

(1) set the time and place of examinations;

(2) give qualified applicants notice of the time and place of examinations; and

(3) furnish any other information that the Board may require the testing service to provide.
Md. Code, Education § 15-105 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

Notwithstanding any other provision of law to the contrary, the governing boards of the public institutions of higher education may transfer any personnel position from one program to any other program under such governing board’s jurisdiction without the approval of any other officer, board, department, or agency of the State, provided that the total number of positions for all of the programs under the governing board’s jurisdiction does not exceed the total number of authorized positions for all the programs under the board’s jurisdiction as provided in the annual budget bill or its supporting documents.
Md. Code, Business Regulation § 15-207 — MD Code / Article gbr / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

(a) (1) The Department shall design a sign that states the following:

“REPORT HUMAN TRAFFICKING: National Human Trafficking Resource Center –– 1–888–373–7888. CALL FOR HELP IF YOU OR SOMEONE YOU KNOW:

� Is being forced to have sex without consent

� Has had an ID or documents taken away

� Is being threatened by or is in debt to an employer

� Wants to leave a job but cannot freely do so.

TOLL–FREE. 24/7. CONFIDENTIAL. INTERPRETERS AVAILABLE.

This sign is required under State law.”

(2) The sign shall:

(i) be at least 3 by 5 inches in size;

(ii) contain the text required under paragraph (1) of this subsection in English, Spanish, and any other languages required by the federal Voting Rights Act;

(iii) draw attention to the phone number of the National Human Trafficking Resource Center Hotline by showing the phone number in bold type; and

(iv) be placed on the Department website.

(b) (1) A State, county, or municipal law enforcement agency may issue a civil citation to a lodging establishment requiring it to post prominently in each guest room for 1 year the sign that is identical to the notice required to be placed on the website of the Department under subsection (a) of this section, if the lodging establishment is located on property where arrests leading to convictions for prostitution, solicitation of a minor, or human trafficking under Title 3, Subtitle 11 of the Criminal Law Article have occurred.

(2) A State, county, or municipal law enforcement agency shall consider any assistance it receives from a lodging establishment in an investigation leading to a conviction under paragraph (1) of this subsection in determining whether to issue a citation under this subsection.

(c) (1) The owner of a lodging establishment that violates subsection (b)(1) of this section is subject to a civil penalty not exceeding $1,000.

(2) Each guest room that does not have a sign is not a separate violation.
Md. Code, Insurance § 15-1631 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1631
§15–1631.
Status: in_force

Except for an overpayment as defined in § 15–1629(h) of this subtitle, if a claim has been approved by a pharmacy benefits manager through adjudication, the pharmacy benefits manager may not retroactively deny or modify reimbursement to a pharmacy or pharmacist for the approved claim unless:

(1) the claim was fraudulent;

(2) the pharmacy or pharmacist had been reimbursed for the claim previously; or

(3) the services reimbursed were not rendered by the pharmacy or pharmacist.
Md. Code, Insurance § 15-805 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-805
§15–805.
Status: in_force

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

(2) “Authorized prescriber” means a licensed dentist, licensed physician, or licensed podiatrist who is authorized under the Health Occupations Article to prescribe a pharmaceutical product.

(3) “Pharmaceutical product” means a drug or medicine that may be prescribed by an authorized prescriber.

(b) This section does not apply to a policy or contract that is issued to an employer under a collective bargaining agreement.

(c) (1) This subsection applies to each policy or contract that is issued or delivered in the State to an employer or individual by an insurer or nonprofit health service plan and that provides group or individual hospital, medical, or surgical benefits.

(2) A policy or contract subject to this subsection that provides reimbursement for a pharmaceutical product prescribed by an authorized prescriber may not establish the amount of reimbursement to the insured or the insured’s beneficiary, including copayments and deductibles, based on the identity, practicing specialty, or occupation of the authorized prescriber.

(d) (1) This subsection applies to each individual or group policy or contract that is issued or delivered in the State to an employer or individual by an insurer or nonprofit health service plan and that provides benefits for pharmaceutical products.

(2) A policy or contract subject to this subsection may not impose a copayment, deductible, or other condition on an insured or certificate holder who uses the services of a community pharmacy that is not imposed when the insured or certificate holder uses the services of a mail order pharmacy, if the benefits are provided under the same program, policy, or contract.
Md. Code, Alcoholic Beverages and Cannabis § 15-2102 — MD Code / Article gab / Title 15 / Subtitle 21 / Section 15-2102
§15–2102.
Status: in_force

Notwithstanding the mandatory revocation requirement for local licensing boards under § 4–605(a) of this article, after a finding that an activity listed in § 4–605 of this article has occurred, the Board may decide whether to revoke a license.
Md. Code, Insurance § 15-118 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-118
§15–118.
Status: in_force

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

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

(i) provides testing, diagnosis, or treatment of human disease or dysfunction; or

(ii) dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction.

(3) “Provider” means a physician, hospital, or other person that is licensed or otherwise authorized to provide health care services.

(b) This section applies to:

(1) insurers and nonprofit health service plans that provide coverage for health care services to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide coverage for health care services to individuals or groups under contracts that are issued or delivered in the State.

(c) If an entity subject to this section negotiates and enters into a contract with providers to render health care services to insureds, subscribers, or members at alternative rates of payment, and coinsurance payments are to be based on a percentage of the fee for health care services rendered by a provider, the entity shall calculate the amount of the coinsurance payment to be paid by the insured, subscriber, or member exclusively from the negotiated alternative rate for the health care service rendered.

(d) An entity subject to this section may not charge or collect from an insured, a subscriber, or a member a coinsurance payment amount that is greater than the amount calculated under subsection (c) of this section.
Md. Code, Insurance § 15-925 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-925
§15–925.
Status: in_force

(a) When soliciting the sale of a health insurance policy, a carrier or insurance producer may not knowingly offer a Medicare supplement policy to an individual not eligible for Medicare.

(b) A carrier or insurance producer may only sell or offer to sell a Medicare supplement policy to an individual eligible for Medicaid benefits in accordance with the provisions of 42 U.S.C. § 1395ss and this subtitle.

(c) A carrier or insurance producer may not negligently or knowingly sell or offer to sell to an individual a Medicare supplement policy that duplicates to any extent an existing Medicare supplement policy that covers that individual.

(d) A carrier or insurance producer may not use the terms “Medicare supplement”, “Medigap”, or other words of similar meaning in advertising or otherwise in soliciting the sale of a health insurance policy or other policy, unless the policy conforms to §§ 15-904, 15-906, 15-907, and 15-908 of this subtitle.
Md. Code, Health - General § 15-105.2 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-105.2
§15–105.
Status: in_force

§15–105.2.

The Program shall reimburse health care providers in accordance with the requirements of Title 19, Subtitle 1, Part IV of this article.
Md. Code, Environment § 15-602 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

In this subtitle the General Assembly intends to provide for the reclamation of the land affected by deep mining operations; provide for the protection of the waters of the State that otherwise might be affected adversely by pollution from deep mines; and provide for the improvement of the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.
Md. Code, Insurance § 15-10B-07 — MD Code / Article gin / Title 15 / Subtitle 10B / Section 15-10B-07
§15–10B–07.
Status: in_force

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, all adverse decisions shall be made by a licensed physician, or a panel of other appropriate health care service reviewers with at least one physician on the panel, who is:

(i) board certified or eligible in the same specialty as the treatment under review; and

(ii) knowledgeable about the requested health care service or treatment through actual clinical experience.

(2) When the health care service under review is a mental health or substance abuse service, the adverse decision shall be made by a licensed physician, or a panel of other appropriate health care service reviewers with at least one licensed physician, selected by the private review agent who:

(i) is board certified or eligible in the same specialty as the treatment under review; or

(ii) is actively practicing or has demonstrated expertise in the substance abuse or mental health service or treatment under review.

(3) When the health care service under review is a dental service, the adverse decision shall be made by a licensed dentist, or a panel of other appropriate health care service reviewers with at least one licensed dentist on the panel who is knowledgeable about the requested health care service or treatment through actual clinical experience.

(b) All adverse decisions shall be made by a physician or a panel of other appropriate health care service reviewers who are not compensated by the private review agent in a manner that violates § 19–705.1 of the Health – General Article or that deters the delivery of medically appropriate care.

(c) Except as provided in subsection (d) of this section, if a course of treatment has been preauthorized or approved for a patient, a private review agent may not retrospectively render an adverse decision regarding the preauthorized or approved services delivered to that patient.

(d) A private review agent may retrospectively render an adverse decision regarding preauthorized or approved services delivered to a patient if:

(1) the information submitted to the private review agent regarding the services to be delivered to the patient was fraudulent or intentionally misrepresentative;

(2) critical information requested by the private review agent regarding services to be delivered to the patient was omitted such that the private review agent’s determination would have been different had the agent known the critical information; or

(3) the planned course of treatment for the patient that was approved by the private review agent was not substantially followed by the provider.

(e) If a course of treatment has been preauthorized or approved for a patient, a private review agent may not revise or modify the specific criteria or standards used for the utilization review to make an adverse decision regarding the services delivered to that patient.
Md. Code, Insurance § 15-1619 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1619
§15–1619.
Status: in_force

The Commissioner may adopt regulations to implement this part.
Md. Code, Insurance § 15-706 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-706
§15–706.
Status: in_force

(a) (1) Subject to subsection (c) of this section, a policy, contract, or certificate described in § 15–701(a) of this subtitle may provide for reimbursement under § 15–701(a) of this subtitle for usual, customary, and reasonable charges for services rendered by a dietitian or nutritionist licensed under the Health Occupations Article if a licensed physician determines that the services are medically necessary for the treatment of cardiovascular disease, diabetes, prediabetes, obesity, malnutrition, cancer, cerebral vascular disease, or kidney disease.

(2) Application of this subsection is limited to six visits with a dietitian or nutritionist during a 12–month period for each condition described in paragraph (1) of this subsection and to services for the treatment of obesity only if provided in conjunction with the treatment of a condition described in paragraph (1) of this subsection.

(b) This section does not require a policy, contract, or certificate described in § 15–701(a) of this subtitle to provide coverage for services rendered by a nutritionist or dietitian.

(c) If a service covered under a policy, contract, or certificate described in § 15–701(a) of this subtitle is provided to a hospital patient by a dietitian or nutritionist:

(1) the usual, customary, and reasonable charges of the dietitian or nutritionist shall be included in the patient’s hospital charges; and

(2) the dietitian or nutritionist may not bill the patient separately for the service.
Md. Code, Estates and Trusts § 15-302 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary:

(1) Is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship; and

(2) May assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as the fiduciary with respect to the particular security.
Md. Code, Insurance § 15-104 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

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

(2) “Intensive care policy” means a health insurance policy that provides benefits only for treatment received in the specifically designated facility of a hospital that provides the highest level of care and is restricted to patients who are physically and critically ill or injured.

(3) “Specified disease policy” has the meaning stated in § 15-109 of this subtitle.

(b) In accordance with regulations that the Commissioner adopts, the Commissioner shall allow health insurance policies and policies of nonprofit health service plans to contain nonduplication provisions or provisions to coordinate coverage with:

(1) other health insurance policies, including commercial individual, group, and blanket policies and policies of nonprofit health service plans;

(2) subscriber contracts that are issued by health maintenance organizations; and

(3) other established programs under which the insured may make a claim.

(c) Notwithstanding subsection (b) of this section or any other provision of this article, an individual, group, or blanket health insurance policy, nonprofit health insurance policy, or nonprofit health service plan may not contain a nonduplication provision or provision to coordinate coverage with an individually underwritten and issued, guaranteed renewable, specified disease policy or intensive care policy, that does not provide benefits on an expense-incurred basis.

(d) Health insurance policies and policies of nonprofit health service plans may not contain a provision that requires personal injury protection benefits under a motor vehicle liability insurance policy to be paid before benefits under the policies.
Md. Code, Health - General § 15-602 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

(a) There is a Prescription Drug Repository Program regulated by the Board.

(b) The purpose of the Program is to:

(1) Accept prescription drugs, over–the–counter drugs, and medical supplies donated for the purpose of dispensing to eligible patients; and

(2) Accept prescription drugs, over–the–counter drugs, and medical supplies returned to a pharmacy for the purpose of proper disposal.
Md. Code, Estates and Trusts § 15-111 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-111
§15–111.
Status: in_force

The discharge of a fiduciary who has resigned the fiduciary’s office pursuant to the Maryland Rules does not release the fiduciary, or sureties of the fiduciary, from liability to any of the cestui que trustent, or other persons, for acts, defaults, or omissions of duty occurring while the fiduciary was in office.
Md. Code, Estates and Trusts § 15-103 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-103
§15–103.
Status: in_force

(a) Whenever securities are deposited or exchanged, or tendered for deposit or exchanged by a fiduciary under a reorganization agreement or plan of reorganization, a committee formulating, proposing, or carrying out a plan or soliciting deposits or exchanges under an agreement or plan, any depositary with or through which the deposit or exchange of securities may be made, solicited, requested or permitted, and a person to whom or to which securities are to be delivered pursuant to an agreement or a plan, may accept, receive, hold and ultimately dispose of the securities in accordance with the authorization or instructions of the fiduciary depositing or exchanging securities or tendering them for deposit or exchange under a reorganization agreement or plan of reorganization, without an obligation to inquire whether a fiduciary is authorized to make a deposit or exchange or is committing a breach of the obligation as fiduciary in so doing.

(b) No committee, depositary, or ultimate recipient is liable in any way of any kind to a person for an action taken, suffered, or permitted with respect to securities in accordance with the authorization or instructions given by a fiduciary depositing or exchanging the securities or tendering the securities for deposit or exchange, unless the committee, depositary, or ultimate recipient has actual knowledge that a fiduciary is committing a breach of fiduciary trust in making the deposit or exchange, or has knowledge of facts that the action or conduct of the committee, depositary, or ultimate recipient amounts to bad faith.
Md. Code, Health - General § 15-143 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-143
§15–143.
Status: in_force

The Governor shall include in the budget bill for fiscal year 2008 at least $3,000,000 in General Fund State support for an immigrant health initiative to provide health care services for all legal immigrant children under the age of 18 years and pregnant women who meet program eligibility standards and arrived in the United States on or after August 22, 1996.
Md. Code, Environment § 15-613 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-613
§15–613.
Status: in_force

(a) The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the operator to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or on revocation of the permit. The Department shall notify the operator by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The operator has 30 days to show cause why the bond or cash deposit should not be forfeited.

(b) If the operator shows cause, the Department shall provide a reasonable time, but not less than six months, for the operator to restore the land to comply with the permit.

(c) If the operator fails to show cause, the bond or cash deposit shall be forfeited nisi, and the Department shall give notice of the forfeiture to the operator, to the legal owner of the land if different from the operator, and to the surety. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days after the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.

(d) (1) Funds received from forfeiture on bonds shall be deposited in the Deep Mining Fund and be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform.

(2) Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by deep mining.
Md. Code, Health - General § 15-406 — MD Code / Article ghg / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

The Commissioner, through the Consumer Education and Advocacy Program, shall undertake measures to educate the public as to:

(1) The need for long–term care;

(2) Mechanisms for financing long–term care;

(3) The availability of long–term care insurance; and

(4) The asset protection provided under this subtitle.
Md. Code, Insurance § 15-1A-14 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-14
§15–1A–14.
Status: in_force

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

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

(3) (i) “Emergency services” means, with respect to an emergency medical condition:

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

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

3. except as provided in subparagraph (iii) of this paragraph, additional covered items and services furnished by a health care provider of emergency services that does not have a contractual relationship with the carrier after the patient is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which the services described in items 1 and 2 of this subparagraph are furnished.

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

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

(b) If a carrier provides or covers any benefits for emergency services in an emergency department of a hospital or freestanding medical facility, the carrier:

(1) may not require prior authorization for the emergency services;

(2) shall provide coverage for the emergency services regardless of whether the health care provider providing the emergency services has a contractual relationship with the carrier to furnish emergency services;

(3) may not limit what constitutes an emergency medical condition solely on the basis of diagnosis codes; and

(4) may not impose any other term or condition on the coverage for emergency services, except for:

(i) the exclusion or coordination of benefits;

(ii) a waiting period; and

(iii) applicable cost–sharing.

(c) If a health care provider of emergency services does not have a contractual relationship with the carrier to provide emergency services, the carrier:

(1) may not impose any administrative requirement or limitation on coverage that would be more restrictive than administrative requirements or limitations imposed on coverage for emergency services furnished by a health care provider with a contractual relationship with the carrier;

(2) subject to § 14–205.2 of this article and § 19–710.1 of the Health – General Article, may not impose any cost–sharing amount greater than the amount imposed for emergency services furnished by a health care provider with a contractual relationship with the carrier;

(3) shall calculate and apply the cost–sharing amounts in accordance with the requirements of 45 C.F.R. § 149.110(b)(3)(iii) and (v); and

(4) except as provided in § 14–205.2 of this article and § 19–710.1 of the Health – General Article, shall reimburse the health care provider in accordance with the requirements of 45 C.F.R. § 149.110(b)(3)(iv).
Md. Code, Business Occupations and Professions § 15-311 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-311
§15–311.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive any examination requirement or any part of an examination requirement of this subtitle for an individual who is licensed to practice land surveying in another state.

(b) The Board may grant a waiver under this section only if the applicant:

(1) is of good character and reputation;

(2) pays to the Board:

(i) the nonrefundable application fee set by the Board under § 15–306 of this subtitle; and

(ii) the license fee set by the Board; and

(3) provides adequate evidence that, at the time the applicant was licensed by the other state, the applicant met requirements that were equivalent to those then required by the laws of this State.

(c) The Board may require an applicant under this section to:

(1) pass the State–specific part of an examination; and

(2) pass any part of a nationally administered examination that the applicant has previously failed.
Md. Code, Insurance § 15-905 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-905
§15–905.
Status: in_force

A carrier shall restore any benefit that was eliminated from a Medicare supplement policy because of the federal Medicare Catastrophic Coverage Act of 1988.
Md. Code, Health - General § 15-137 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-137
§15–137.
Status: in_force

(a) The Department may not deny an individual access to a home– and community–based services waiver due to a lack of funding for waiver services if:

(1) (i) The individual is living in a nursing facility at the time of the application for waiver services;

(ii) At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program;

(iii) The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver; and

(iv) The home– and community–based services provided to the individual would qualify for federal matching funds; or

(2) (i) The individual is living at home or in the community at the time of the application for waiver services;

(ii) The individual received home– and community–based services through Community First Choice for at least 30 consecutive days;

(iii) The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;

(iv) The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver within 6 months after the completion of the application; and

(v) The home– and community–based services provided to the individual would qualify for federal matching funds.

(b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.
Md. Code, Environment § 15-821 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-821
§15–821.
Status: in_force

(a) (1) The Department shall serve written notice of a violation on the permittee or person required to have a permit, specifying the facts constituting the apparent violation if the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under this subtitle, or the terms and conditions of a permit, including the approved mining and reclamation plan has occurred.

(2) The Department also shall inform the permittee or person required to have a permit of the right to a hearing. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order requiring necessary corrective actions be taken within the time prescribed in its order.

(b) Any person that receives a notice of suspension or violation or an order under this section may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. The permittee or person required to have a permit may appear at the hearing, either personally or through counsel, and present evidence. The Department shall render a decision regarding the violation within 30 days from the date of the hearing.

(c) The Department may revoke the permit if the violation is not corrected.

(d) Any permittee whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until the permittee has complied fully with:

(1) The provisions of this subtitle;

(2) Any regulations adopted under this subtitle; and

(3) The terms and conditions of the permittee’s permit, including any modifications, and the approved mining and reclamation plan, and until the permittee has satisfactorily corrected all previous violations.
Md. Code, Environment § 15-502 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

This subtitle is an exercise of the police powers of the State for the general welfare of the people, by providing for the protection and conservation of the natural resources of the State and the improvement of areas of land and communities affected in the mining of bituminous coal by the open-pit, strip mining, or auger mining method. Its purpose is:

(1) To aid in the protection of wildlife and restore these lands to productive purposes while decreasing soil erosion;

(2) To aid in preventing pollution of rivers and streams;

(3) To prevent combustion of unmined coal;

(4) To provide for reclamation of the stripped areas;

(5) To improve generally the use and enjoyment of these lands; and

(6) To improve generally the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.
Md. Code, State Finance and Procurement § 15-207 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-207
§15–207.
Status: in_force

(a) (1) The Appeals Board consists of 6 members appointed by the Governor with the advice and consent of the Senate.

(2) An appeal before the Appeals Board shall be heard by a panel of not more than 3 members designated by the Chairman.

(b) Each member of the Appeals Board shall:

(1) be qualified to serve in a quasi–judicial capacity; and

(2) have a thorough knowledge of procurement practices and processes.

(c) Before taking office, each appointee to the Appeals Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(d) (1) The term of a member is 5 years.

(2) The terms of members are staggered as required by the terms provided for members of the Appeals Board on October 1, 1988.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) The Governor may remove a member of the Appeals Board for cause.
Md. Code, Transportation § 15-513 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-513
§15–513.
Status: in_force

(a) An automotive dismantler and recycler may not store vehicles at his place of business at a density of more than 250 vehicles for any 1 acre if the vehicles are not crushed.

(b) (1) An automotive dismantler and recycler may not store vehicles at the automotive dismantler and recycler’s place of business at a density of more than 500 vehicles per acre if the vehicles are crushed.

(2) Crushed vehicles may not be stored on more than 1 acre per place of business.
Md. Code, Business Occupations and Professions § 15-412 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-412
§15–412.
Status: in_force

(a) Subject to the provisions of this section, the Board may reinstate:

(1) a permit that has been revoked; or

(2) before fulfillment of the conditions of the suspension, a permit that has been suspended.

(b) A permit may be reinstated under this section only if:

(1) the corporation, partnership, or limited liability company whose permit has been revoked or suspended submits a written request to the Board; and

(2) the corporation, partnership, or limited liability company pays to the Board a reinstatement fee set by the Board.

(c) The Board, by an affirmative vote of a majority of its members then serving, shall vote on the request for reinstatement or lifting of the suspension within 60 days of receipt of the written request.
Md. Code, Health - General § 15-702 — MD Code / Article ghg / Title 15 / Subtitle 7 / Section 15-702
§15–702.
Status: in_force

(a) The Department shall ensure that publicly owned specialty hospitals pay an assessment that is comparable to any uniform assessments imposed by the Health Services Cost Review Commission on specialty hospitals under § 19–214(d) of this article or under Section 16 of Chapter 397 (H.B. 72) of the Acts of the General Assembly of 2011.

(b) Revenues generated from any assessments authorized under subsection (a) of this section shall be used for the general operations of the Medicaid program.
Md. Code, Transportation § 15-207.1 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-207.1
§15–207.
Status: in_force

§15–207.1.

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

(2) (i) “Consumer data” means nonpublic personal information, as defined in 15 U.S.C. § 6809(4), collected by a dealer and provided by the dealer directly to a manufacturer, distributor, or factory branch, or its agent.

(ii) “Consumer data” does not include the same or similar data that is obtained by a manufacturer from any other source.

(3) “Data management system” means a computer hardware or software system that:

(i) Is owned, leased, or licensed by a dealer, including a system of web–based applications;

(ii) Is located at the dealership or hosted remotely; and

(iii) Stores and provides access to consumer data collected and stored by the dealer.

(b) Notwithstanding the provisions of any franchise agreement, a manufacturer, distributor, or factory branch, or its agent:

(1) Shall allow a dealer to furnish consumer data in a widely accepted file format, such as comma–separated values, and through a third–party vendor selected by the dealer;

(2) May access or obtain consumer data directly from a dealer’s data management system only with the express written consent of the dealer;

(3) May not take any adverse action against a dealer for refusing to grant access to the dealer’s data management system;

(4) May require that a franchised dealer of the manufacturer, distributor, or factory branch provide consumer data or transactional data that pertains to:

(i) Claims for warranty parts or repairs;

(ii) Sales and deliveries of new or certified pre–owned vehicles of any line make of the manufacturer, distributor, or factory branch;

(iii) Safety or recall obligations; or

(iv) Validation and payment of customer or dealer incentives; and

(5) Shall indemnify the dealer for any third–party claims asserted against or damages incurred by the dealer to the extent the claims of damages are caused by access to and unlawful disclosure of consumer data resulting from a breach caused by the manufacturer, distributor, or factory branch, or its agent, or a third party to which the manufacturer, distributor, or factory branch, or its agent, has provided the consumer data in violation of this section.

(c) A manufacturer, distributor, or factory branch, or its agent, may not require that a dealer grant the manufacturer, distributor, or factory branch, or its agent, access to the dealer’s data management system through a franchise agreement or as a condition of renewal or continuation of the franchise agreement.

(d) Written consent under subsection (b)(2) of this section:

(1) Shall be separate from the dealer franchise agreement;

(2) Shall be executed by the dealer; and

(3) May be withdrawn by the dealer on 30 days’ written notice to the manufacturer, distributor, or factory branch.
Md. Code, Health - General § 15-106 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) (1) In cooperation with the professional organizations whose members provide health care under the Program, the Secretary shall establish a system of review for all health care that is provided.

(2) The review shall include a study of the quality of care and the proper use of the services by the Program recipient or the provider.

(b) A member of an appointed committee of any of these professional organizations or an appointed member of a committee of a medical staff of a licensed hospital shall have the immunity from liability described under § 5-628 of the Courts and Judicial Proceedings Article.
Md. Code, Insurance § 15-116 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-116
§15–116.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

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

(b) A carrier, as a condition of a contract with a health care provider or in any other manner, may not prohibit a health care provider from discussing with or communicating to an enrollee, subscriber, public official, or other person information that is necessary or appropriate for the delivery of health care services, including:

(1) communications that relate to treatment alternatives;

(2) communications that are necessary or appropriate to maintain the provider-patient relationship while the patient is under the health care provider’s care;

(3) communications that relate to an enrollee’s or subscriber’s right to appeal a coverage determination of a carrier with which the health care provider, enrollee, or subscriber does not agree; and

(4) opinions and the basis of an opinion about public policy issues.

(c) This section does not prohibit a carrier, as a condition of a contract between the carrier and a health care provider, from prohibiting tortious interference with a contract as recognized under State law.
Md. Code, Alcoholic Beverages and Cannabis § 15-2002 — MD Code / Article gab / Title 15 / Subtitle 20 / Section 15-2002
§15–2002.
Status: in_force

(a) A holder of a Class A beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(b) (1) A holder of a Class B beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(2) The license holder may sell beer at a bar or counter on Sunday.

(c) (1) A holder of a Class C beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(2) The license holder may sell beer at a bar or counter on Sunday.

(d) A holder of a 7–day Class D beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.
Md. Code, Commercial Law § 15-205 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

Every conveyance made without fair consideration when the person who makes it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and other persons who become creditors during the continuance of the business or transaction without regard to his actual intent.
Md. Code, Insurance § 15-823 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-823
§15–823.
Status: in_force

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

(2) “Bone mass measurement” means a radiologic or radioisotopic procedure or other scientifically proven technology performed on a qualified individual for the purpose of identifying bone mass or detecting bone loss.

(3) “Qualified individual” means:

(i) an estrogen deficient individual at clinical risk for osteoporosis;

(ii) an individual with a specific sign suggestive of spinal osteoporosis, including roentgenographic osteopenia or roentgenographic evidence suggestive of collapse, wedging, or ballooning of one or more thoracic or lumbar vertebral bodies, who is a candidate for therapeutic intervention or for an extensive diagnostic evaluation for metabolic bone disease;

(iii) an individual receiving long–term glucocorticoid (steroid) therapy;

(iv) an individual with primary hyperparathyroidism; or

(v) an individual being monitored to assess the response to or efficacy of an approved osteoporosis drug therapy.

(b) This section applies to:

(1) each individual hospital or major medical insurance policy of an insurer that is delivered or issued for delivery in the State and is written on an expense–incurred basis;

(2) each group or blanket health insurance policy of an insurer that is issued or delivered in the State and is written on an expense–incurred basis;

(3) each individual or group medical or major medical contract or certificate of a nonprofit health service plan that is issued or delivered in the State and is written on an expense–incurred basis; and

(4) each individual or group contract of a health maintenance organization that is issued or delivered in the State.

(c) A policy, contract, or certificate subject to this section shall include coverage for qualified individuals for reimbursement for bone mass measurement for the prevention, diagnosis, and treatment of osteoporosis when the bone mass measurement is requested by a health care provider for the qualified individual.
Md. Code, Environment § 15-828 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-828
§15–828.
Status: in_force

(a) At any reasonable time which the Department elects, but at least once a year, the Department shall cause each permit area to be inspected to determine if the permittee has complied with the mining and reclamation plan, the requirements of this subtitle, any rules and regulations adopted under it, the terms and conditions of the permit, and if the current status of the operation conforms with the most recent annual progress report. Accredited representatives of the Department at any reasonable time may enter on the land subject to the permit to inspect and investigate it but while on the property, Department personnel shall comply with all governmental safety regulations.

(b) The permittee shall proceed with reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of any deficiencies noted. The permittee shall proceed with mining and reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee of any deficiencies noted. Upon failure by the permittee to correct these deficiencies, the Department may take action to suspend or revoke the permit as provided in § 15-821 of this subtitle.

(c) If the Department finds that reclamation of the permit area is not proceeding in accordance with the mining and reclamation plan, or if the Department finds that reclamation has not been properly completed in conformance with the mining and reclamation plan within two years or longer if authorized by the Department, after termination of mining on any segment of the permit area, or if the permittee has not complied with corrective requirements following revocation of a permit, it shall initiate forfeiture proceedings against the bond or other security filed by the permittee.
Md. Code, Land Use § 15-123 — MD Code / Article glu / Title 15 / Subtitle 1 / Section 15-123
§15–123.
Status: in_force

(a) Within the first 3 months following appointment, a commissioner from Montgomery County shall successfully complete:

(1) the training required under § 3–213 of the General Provisions Article;

(2) the Maryland Department of Planning’s Planning Commissioner, Planning Board and Board of Appeals Education Course; and

(3) appropriate training on:

(i) Maryland Public Ethics Law; and

(ii) Maryland–National Capital Park and Planning Commission policies and practices on:

1. ethics;

2. drug– and alcohol–free workplace; and

3. workplace harassment and intimidation.

(b) Failure of a commissioner to meet the requirements of subsection (a) of this section does not invalidate a decision made by the Commission or establish a private cause of action.
Md. Code, Election Law § 15-108 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

(a) A gubernatorial ticket may withdraw from participation as a publicly funded candidate at any time before a public contribution is received by the gubernatorial ticket’s campaign finance entity.

(b) If a public contribution has been received by an eligible gubernatorial ticket’s campaign finance entity, the eligible candidate may withdraw from participating if the gubernatorial ticket:

(1) files a statement of withdrawal on a form prescribed by the State Board; and

(2) repays to the Fund the full amount of any public contribution received, with interest established in regulation by the State Board.
Md. Code, Environment § 15-603 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) The Secretary shall adopt rules and regulations for prevention of water pollution or damage to the land surface resulting from deep mining operations. The rules and regulations shall include standards and procedures for ensuring reclamation or sealing of mined areas after operations cease.

(b) The Secretary may study and recommend and shall approve all procedures for reclamation, conservation, and revegetation of affected areas, including mine opening sealing, prevention or reclamation of subsidence damage, underground fires, disposition of spoil, restoration of plant cover, prevention of erosion, prevention of the creation of acid water, and any other actions that will ensure conservation and beneficial utilization of the natural resources of the State.

(c) The Secretary shall review all mining and reclamation plans, progress reports, inspection reports, and completion reports.

(d) The Secretary may enter to inspect any deep mine operation to determine reclamation progress, conservation, and water quality conditions and investigate for violations of this subtitle.

(e) In order to protect the stability of land, the Secretary shall suspend deep mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if the Secretary finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities.

(f) The surface effects of deep mining shall be subject to the applicable provisions of Subtitle 5 of this title and any rules or regulations adopted pursuant thereto.
Md. Code, Environment § 15-816 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-816
§15–816.
Status: in_force

(a) (1) The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for the initial application for a permit.

(2) If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information.

(3) The Department may require an applicant to furnish other information the Department deems necessary to evaluate the renewal request.

(4) In the absence of any changes in legal requirements for the issuance of a permit since the date on which the original permit was issued, the only basis for the denial of a renewal permit shall be:

(i) An uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle;

(ii) Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of renewal; or

(iii) Failure or refusal to pay the renewal fee.

(b) Application for a renewal of a permit cannot be made any earlier than 1 year prior to the expiration date of the original permit.

(c) (1) Except as otherwise provided in subsection (d) of this section, the fee to be charged for a permit renewal shall be:

(i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and

(ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year.

(2) The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter.

(d) The fee shall be paid annually during the term of the permit.

(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (c) of this section, for each 5–year portion of the term of the renewed permit.

(2) These additional fees shall be paid to the Department within 1 year before the completion of any 5–year portion of the term of the permit.

(f) If the Department denies an application to renew a permit, the Department shall give the permittee written notice of:

(1) The Department’s determination;

(2) Any changes in the application that would make it acceptable; and

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

(g) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.
Md. Code, Insurance § 15-708 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-708
§15–708.
Status: in_force

(a) In this section, “nurse anesthetist” means a registered nurse who is certified as a nurse anesthetist by:

(1) the Council on Certification of Nurse Anesthetists; or

(2) the Council on Recertification of Nurse Anesthetists.

(b) This section applies to each individual, group, or blanket health insurance policy, contract, or certificate of an insurer or nonprofit health service plan that:

(1) (i) is issued or delivered in the State;

(ii) is issued to a group that is incorporated or has a main office in the State; or

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

(2) is issued, renewed, amended, or reissued on or after July 1, 1984; and

(3) if issued by an insurer, is written on an expense-incurred basis.

(c) Notwithstanding any other provision of a policy, contract, or certificate subject to this section, if the policy, contract, or certificate provides for reimbursement for a service that is within the lawful scope of practice of a nurse anesthetist, the insured or any other person covered by the policy, contract, or certificate is entitled to reimbursement for the service regardless of whether the service is performed by a physician or nurse anesthetist.

(d) A policy that provides benefits under this section for services rendered by a nurse anesthetist may not require, as a condition for the payment of benefits, that the nurse anesthetist be employed by a physician.

(e) The utilization of health insurance benefits provided under this section for services rendered by a nurse anesthetist is subject to review by a peer review committee appointed by the State Board of Nursing.
Md. Code, Insurance § 15-917 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-917
§15–917.
Status: in_force

(a) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, a Medicare supplement policy or certificate may not be delivered in the State unless an outline of coverage is provided to the applicant at the time the application is delivered.

(b) (1) In this subsection, “format” means style, arrangements, and overall appearance, including the size, color, and prominence of type and arrangement of text and captions.

(2) The Commissioner shall prescribe the format and content of the outline of coverage required by this section.

(3) The outline of coverage shall include:

(i) a description of the principal benefits and coverage provided in the Medicare supplement policy;

(ii) a statement of the exceptions, reductions, and limitations contained in the Medicare supplement policy;

(iii) a statement of the renewal provisions, including any reservation by the carrier of a right to change premiums;

(iv) disclosure of the existence of any automatic renewal premium increases based on the policyholder’s age; and

(v) a statement that the outline of coverage is a summary of the Medicare supplement policy that is issued or applied for and that the Medicare supplement policy should be consulted to determine governing contractual provisions.
Md. Code, Alcoholic Beverages and Cannabis § 15-1103 — MD Code / Article gab / Title 15 / Subtitle 11 / Section 15-1103
§15–1103.
Status: in_force

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class B or Class H license.

(b) The hours of sale for the permit:

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

(2) end at midnight.

(c) (1) Except as provided in paragraph (2) of this subsection, the annual permit fee is $500.

(2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.
Md. Code, Insurance § 15-1308 — MD Code / Article gin / Title 15 / Subtitle 13 / Section 15-1308
§15–1308.
Status: in_force

(a) In this section, “affiliate” means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.

(b) A carrier may elect not to renew all individual health benefit plans in the State.

(c) When a carrier elects not to renew all individual health benefit plans in the State, the carrier:

(1) shall give notice of its decision to the affected individuals at least 180 days before the effective date of nonrenewal;

(2) at least 30 working days before that notice, shall give notice to the Commissioner;

(3) if the carrier has an affiliate in the individual market, shall give notice to each affected individual at least 180 days before the effective date of nonrenewal of the individual’s option to purchase all other individual health benefit plans currently offered by the affiliate of the carrier; and

(4) may not write new business for individuals in the State for a 5-year period beginning on the date of notice to the Commissioner.

(d) A carrier that offers an individual health benefit plan shall offer an individual health benefit plan to an individual who is nonrenewed by an affiliate of the carrier under subsection (c) of this section on a guarantee issue basis, if the individual applies for coverage no later than 63 days after the effective date of nonrenewal.

(e) A carrier that issues coverage under subsection (d) of this section may not rate the coverage on a substandard basis unless the individual was rated on a substandard basis under the prior coverage provided to the individual by the affiliate of the carrier.

(f) (1) Subject to paragraph (2) of this subsection, a carrier that issues coverage under subsection (d) of this section shall waive the waiting period for coverage of a preexisting condition to the extent that the individual has satisfied a waiting period under the individual’s prior contract or policy.

(2) The carrier that issues coverage under subsection (d) of this section may require the individual to satisfy the remaining part of the waiting period if any part of the waiting period under the individual’s prior contract or policy has not been satisfied, unless the coverage issued under subsection (d) of this section has a shorter waiting period.

(g) A health maintenance organization need not offer coverage to an individual who does not live, reside, or work within the health maintenance organization’s approved service areas.

(h) A carrier will not be considered to have elected not to renew all individual health benefit plans in the State if the carrier complies with 45 C.F.R. § 147.106(d)(3).
Md. Code, Environment § 15-823 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-823
§15–823.
Status: in_force

(a) After receiving notification from the Department that the application for a permit has been approved, but prior to commencing mining, the applicant shall file with the Department a bond for each mining operation, on a form to be prescribed and furnished by the Department, payable to the State and conditioned that the operator will perform faithfully all the requirements of this subtitle.

(b) The amount of the bond required shall be for a maximum of $1,250 per acre based on the number of acres of affected land covered by the permit. But, a bond may not be filed for less than $8,000. However, the Department shall determine whether the total bond fee is unreasonable and excessive for a particular tract of land and whether a lesser total amount for the bond is sufficient to cover reclamation. In making this determination, the Department shall consider the size of the operation, the amount of land to be mined, the acreage that is unreclaimed at any one time, the proposed method of regrading and revegetation of the site, the proposed use of the land following reclamation, and any other relevant factors.

(c) Liability under the bond shall be for the duration of the mining permit and for a period of 5 years after its expiration, unless previously released in whole or in part, as provided in § 15–824 of this subtitle.

(d) The bond shall be executed by the permittee and corporate surety licensed to do business in the State. In lieu of a corporate surety, one of the following shall be acceptable:

(1) Deposits of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The permittee making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond;

(2) A certificate of deposit if it is equivalent to the required bond, issued by a bank physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and accompanied by written agreement of the bank to pay on demand to the State in event of forfeit; or

(3) An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and expressly states that the total sum is guaranteed to be available, and payable directly to the State on demand for the surface mining and reclamation.

(e) A bond or other security filed as above shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity, to provide a substitute bond or other security which will be effective on the cancellation date indicated in the notice.
Md. Code, Environment § 15-809 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-809
§15–809.
Status: in_force

(a) On receipt of an application and accompanying documents, the Department shall review it and make further inquiries, inspections, or examinations as necessary or desirable for proper evaluation. If the Department objects to any part of the application or accompanying documents, it shall notify promptly the applicant by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its objections, setting forth its reasons, and shall afford the applicant a reasonable opportunity to make amendments or take actions required to remove the objections. The Department shall submit a copy of the application and accompanying documents to the Department of Planning for review with respect to matters that are the responsibility of the Department of Planning.

(b) Public notice and informational hearings shall be conducted in accordance with the provisions of § 5-204(b) through (e) of this article.

(c) The Department may waive the notice requirements of this section and the holding of a public informational hearing on an application for a permit that affects an area that is 5 acres or less in size or a permit modification that affects an area that is 20 acres or less in size.
Md. Code, Alcoholic Beverages and Cannabis § 15-1308 — MD Code / Article gab / Title 15 / Subtitle 13 / Section 15-1308
§15–1308.
Status: in_force

(a) Instead of issuing individual event licenses, the Board may issue a multiple event license for a particular class of license.

(b) The number of days for which a multiple event license may be used by a single applicant may not exceed 40 per calendar year.

(c) (1) A multiple event license shall be issued:

(i) for one premises only; and

(ii) except as provided in paragraph (2) of this subsection, to the same applicant for all events for which the license is issued.

(2) The Board may:

(i) approve in writing a substitute applicant; and

(ii) before approving a substitute applicant, hold a hearing.

(d) A server who is certified as having completed an alcohol awareness program shall be on the premises for which a multiple event license is issued when alcoholic beverages are served.

(e) (1) The holder of a multiple event license under this section may store alcoholic beverages on the licensed premises between individual licensed events if the alcoholic beverages:

(i) are in a specially identified locked and secured location; and

(ii) are not sold or consumed except during licensed event hours for licensed event purposes.

(2) (i) The license holder shall keep complete and accurate records of all alcoholic beverages purchased and sold on the licensed premises.

(ii) The records shall be:

1. maintained on the licensed premises for 2 years; and

2. available for inspection by authorized personnel of the Comptroller, the Executive Director, and the Board.

(iii) The records shall include a completed pre– and post–inventory of all alcoholic beverages for each individual event.

(3) Authorized personnel of the Comptroller, the Executive Director, and the Board may inspect the premises of the license holder as provided under § 6–202 of this article.

(4) A license holder who violates this subsection is subject to:

(i) for the first offense, a fine of $100; and

(ii) for a subsequent offense, a fine not exceeding $500 and denial of future requests for a license for an individual event or a special multiple event license.

(f) (1) The fee for a multiple event license is:

(i) $250 for not more than 10 events per year;

(ii) $500 for not more than 20 events per year;

(iii) $750 for not more than 30 events per year; and

(iv) $1,000 for not more than 40 events per year.

(2) The Board may not issue a refund if the license holder holds fewer events during the calendar year than the number of events that the license holder is entitled to hold.
Md. Code, Insurance § 15-1704 — MD Code / Article gin / Title 15 / Subtitle 17 / Section 15-1704
§15–1704.
Status: in_force

(a) A carrier shall notify the Commissioner of the results of any final review conducted by a ratings examiner of a physician rating system of the carrier within 45 calendar days after receipt of the results by the carrier.

(b) If the review conducted by a ratings examiner of a physician rating system of a carrier indicates that the physician rating system does not comply with the requirements of Title 19, Subtitle 1, Part V of the Health – General Article, the Commissioner may order the carrier to:

(1) correct the deficiency; or

(2) cease the use of the physician rating system.

(c) A carrier using a physician rating system shall report annually to the Commissioner:

(1) the number of appeals filed by physicians under this subtitle; and

(2) the outcome of the appeals.
Md. Code, Insurance § 15-1A-09 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-09
§15–1A–09.
Status: in_force

(a) Except as provided in subsections (b) through (d) of this section, a carrier shall accept every employer and individual in the State that applies for a health benefit plan, subject to the following provisions of this article:

(1) Subtitle 4 of this title;

(2) §§ 15–1206(c), 15–1208.1, 15–1208.2, 15–1209, and 15–1210 of this title;

(3) §§ 15–1316 and 15–1318 of this title; and

(4) §§ 15–1406 and 15–1406.1 of this title.

(b) (1) Except as provided in paragraph (2) of this subsection, a carrier may restrict enrollment to open or special enrollment periods.

(2) A carrier that offers a large group plan shall allow an employer eligible to purchase a large group plan to purchase a large group plan at any time during the year.

(c) If a carrier uses a network for a health benefit plan under which the financing and delivery of medical care are provided, in whole or in part, through a defined set of providers under contract with the carrier, the carrier:

(1) (i) may limit the employers that may apply for coverage to employers of eligible individuals who live, work, or reside in the service area for the network; and

(ii) if the carrier is a health maintenance organization, may limit the individuals who may apply for coverage in the individual market to those who live or reside in the service area for the network; or

(2) may deny coverage within a service area if the carrier:

(i) demonstrates to the Commissioner that:

1. the carrier does not have the capacity to deliver adequate services to additional enrollees of groups or additional individuals because of its obligations to existing group contract holders and enrollees; and

2. the carrier applies the denial of coverage uniformly to all employers and individuals without regard to the claims experience or any health status–related factor; and

(ii) does not offer coverage within the service area for at least 180 days after the date the carrier denied coverage in the service area.

(d) A carrier may deny coverage if the carrier:

(1) demonstrates to the Commissioner that:

(i) the carrier does not have the financial reserves necessary to underwrite additional coverage; and

(ii) the carrier applies the denial of coverage uniformly to all employers and individuals without regard to the claims experience or any health status–related factor; and

(2) unless a later date is otherwise authorized by the Commissioner, does not offer the denied coverage for at least 180 days after the date the carrier denied the coverage.
Md. Code, Environment § 15-607 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-607
§15–607.
Status: in_force

The Department shall adopt regulations to protect against, prevent, or correct material damage due to subsidence.
Md. Code, Transportation § 15-112 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

(a) Any dealer or agent or employee of a dealer, any vehicle salesman, or any other person who sells a motorized minibike shall inform the buyer in writing that a motorized minibike may not be driven on a highway in the State.

(b) Any dealer or agent or employee of a dealer, any vehicle salesman, or any other person who sells a motorized minibike shall inform the buyer in writing that local law, ordinance, and regulation may limit the use of the motorized minibike.
Md. Code, Education § 15-137 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-137
§15–137.
Status: in_force

(a) Each public institution of higher education shall adopt a written policy that provides reasonable academic accommodations for students to practice sincerely held faith–based or religious beliefs.

(b) The policy shall:

(1) Provide an accommodation for a student, including excused absences, for a student to:

(i) Observe faith–based or religious holidays; or

(ii) Participate in organized religious activities;

(2) Provide that a student be allowed reasonable alternative accommodations for missing an examination or other academic requirements due to an excused absence under item (1) of this subsection if the student’s sincerely held faith–based or religious belief or practice affects the student’s ability to take an examination as scheduled or meet any other academic requirement; and

(3) Include a grievance procedure to report noncompliance with the policy.

(c) (1) Except as provided in paragraph (2) of this subsection, each public institution of higher education is required to provide a space on campus to accommodate faith–based or religious practices.

(2) This subsection does not apply to the University of Maryland Global Campus.

(d) Each public institution of higher education shall post prominently on its website a copy of the policy adopted under this section.
Md. Code, Health - General § 15-304 — MD Code / Article ghg / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) (1) For purposes of increasing the number of eligible individuals who enroll in the Maryland Children’s Health Program established under § 15–301 of this subtitle, the Department shall develop and implement a school–based outreach program.

(2) As appropriate to carry out its responsibilities under paragraph (1) of this subsection, the Department may enter into contracts with county boards of education to provide information at public schools on the Maryland Children’s Health Program established under § 15–301 of this subtitle.

(b) (1) For purposes of this subsection, “community–based organization” includes child care centers, schools, and school–based health clinics.

(2) In addition to the school–based outreach program established under subsection (a) of this section, the Department, in consultation with the Maryland Medicaid Advisory Committee established under § 15–103(b) of this title, shall develop mechanisms for outreach for the program with a special emphasis on identifying children who may be eligible for program benefits under the Maryland Children’s Health Program established under § 15–301 of this subtitle.

(3) From the mechanisms to be developed for outreach under paragraph (2) of this subsection, one mechanism shall include the development and dissemination of mail–in applications and appropriate outreach materials through community–based organizations, community–based providers, the Office of the State Comptroller, the Departments of Human Services and Health, county boards of education, and any other appropriate State agency or unit the Department considers appropriate.

(c) (1) The Department shall collaborate with the Office of the Comptroller or the Office of the State Treasurer to:

(i) Form a one–sentence statement advising that individuals who cannot afford health insurance may be eligible to enroll in the Maryland Children’s Health Program; and

(ii) Print the statement formed under item (i) of this paragraph:

1. On each State–issued tax refund check stub;

2. Once each pay quarter, on each State–issued employee paycheck stub; and

3. On each State–issued child support payment check stub.

(2) The statement shall contain a telephone number or other contact information that an individual may use to receive more information on eligibility for the Maryland Children’s Health Program.

(3) The statement may be altered by the Department in collaboration with the Office of the Comptroller or the Office of the State Treasurer to:

(i) Provide the most current information;

(ii) Fit within the space constraints of the different types of checks listed in paragraph (1)(ii) of this subsection; or

(iii) Combine it with the statement required under § 15–102.1(c) of this title, if appropriate.
Md. Code, Health - General § 15-609 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-609
§15–609.
Status: in_force

(a) A repository located in the State shall:

(1) Maintain written or electronic records of donated prescription drugs, over–the–counter drugs, and medical supplies; and

(2) Submit periodic reports to the Board on its activities.

(b) To determine compliance with the requirements of this subtitle, the Board shall:

(1) Inspect designated drop–off sites and repositories located in the State;

(2) Inspect records of donated prescription drugs, over–the–counter drugs, and medical supplies maintained by repositories located in the State; and

(3) Beginning January 1, 2007, and each January 1 thereafter, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation of the Program.
Md. Code, Insurance § 15-115 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-115
§15–115.
Status: in_force

(a) (1) In this section, “carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

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

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

(b) A carrier that operates a managed care organization under Title 15, Subtitle 1 of the Health - General Article may not deny, limit, or otherwise impair the participation of a provider under contract with the carrier for choosing not to participate or limiting participation in the carrier’s managed care organization if the carrier is in violation of § 15-102.5 of the Health - General Article.
Md. Code, Insurance § 15-130.1 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-130.1
§15–130.
Status: in_force

§15–130.1.

(a) This section applies to:

(1) each health insurer;

(2) each nonprofit health service plan;

(3) each health maintenance organization; and

(4) each managed care organization, as defined in § 15–101 of the Health – General Article.

(b) Each entity subject to this section shall provide to each insured, subscriber, or enrollee of a policy or contract that meets the definition of minimum essential coverage, as described in 26 C.F.R. § 1.5000a–2, a health insurance benefit card, prescription benefit card, or other technology that indicates which State agency regulates, in whole or in part, the policy or contract offered by the entity by:

(1) for an entity subject to the Administration, displaying “MIA” prominently; or

(2) for an entity subject to the Maryland Department of Health, displaying “MDH” prominently.

(c) This section may not be construed to preclude an entity subject to this section from including:

(1) any other information required to be included under this article; or

(2) any information that is in addition to the information required under this section.
Md. Code, Insurance § 15-1609 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1609
§15–1609.
Status: in_force

(a) Whenever the Commissioner considers it advisable, the Commissioner may examine the affairs, transactions, accounts, and records of a registered pharmacy benefits manager.

(b) The examination shall be conducted in accordance with § 2–207 of this article.

(c) The expense of the examination shall be paid in accordance with § 2–208 of this article.

(d) The reports of the examination and investigation shall be issued in accordance with § 2–209 of this article.
Md. Code, Estates and Trusts § 15-526 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-526
§15–526.
Status: reserved

(a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(b) Principal disbursements to which subsection (a) applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

(1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

(2) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

(3) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker’s commissions;

(4) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

(5) Disbursements described in § 15–524(a)(7) of this subtitle.

(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section.
Md. Code, State Finance and Procurement § 15-219.1 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-219.1
§15–219.
Status: in_force

§15–219.1.

(a) (1) A unit may assert a contract claim against a contractor by sending written notice to the contractor and the procurement officer that states:

(i) the basis for the contract claim;

(ii) to the extent known, the amount, or the performance or other action, requested by the unit in the contract claim; and

(iii) the date by which the contractor is required to provide a written response to the contract claim.

(2) On receipt of a contract claim from a unit, a procurement officer:

(i) shall review the substance of the contract claim;

(ii) may request additional information or substantiation through an appropriate procedure; and

(iii) may discuss or, if appropriate, negotiate the contract claim with the unit or contractor.

(3) The procurement officer shall proceed under subsection (b) of this section if the contractor fails to respond, provides an inadequate response, or denies the contract claim or the relief sought by the unit in whole or in part.

(b) (1) If the contractor and the unit do not resolve the contract claim, the procurement officer shall prepare a proposed decision on the contract claim, including:

(i) a description of the contract claim;

(ii) references to pertinent contract provisions;

(iii) a statement of factual areas of agreement or disagreement; and

(iv) a statement in the proposed decision wholly or partly granting or denying the relief sought, with supporting rationale.

(2) Unless otherwise provided by regulation, the procurement officer shall submit the contract claim and proposed decision to:

(i) the head of the unit; and

(ii) the head of the principal department or other equivalent unit of which the unit is a part.

(3) (i) The reviewing authority shall approve, modify, or disapprove the proposed decision.

(ii) In disapproving a proposed decision, the reviewing authority may remand the contract claim with instructions to the procurement officer.

(iii) On remand, the procurement officer shall proceed as required under this subsection and in accordance with the instructions of the reviewing authority.

(4) The decision of the reviewing authority is the final action of the unit.
Md. Code, Business Regulation § 15-106 — MD Code / Article gbr / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

A hotel is not liable for more than $300 for the loss of property that a guest leaves with an agent or employee of the hotel at a baggage room or other similar storage area.
Md. Code, Health - General § 15-302 — MD Code / Article ghg / Title 15 / Subtitle 3 / Section 15-302
§15–302.
Status: in_force

(a) (1) The Department shall monitor applications to determine whether employers and employees have voluntarily terminated coverage under an employer sponsored health benefit plan that included dependent coverage in order to participate in the Maryland Children’s Health Program established under § 15–301 of this subtitle.

(2) The Department, in particular, shall review applications of individuals who qualified for Program benefits under the Maryland Children’s Health Program established under § 15–301 of this subtitle.

(b) (1) An application may be disapproved if it is determined that an individual under the age of 19 years to be covered under the Maryland Children’s Health Program, for whom the application was submitted, was covered by an employer sponsored health benefit plan with dependent coverage which was voluntarily terminated within 6 months preceding the date of the application.

(2) In determining whether an applicant has voluntarily terminated coverage under an employer sponsored health benefit plan for purposes of paragraph (1) of this subsection, a voluntary termination may not be construed to include:

(i) Loss of employment due to factors other than voluntary termination;

(ii) Change to a new employer that does not provide an option for dependent coverage;

(iii) Change of address so that no employer sponsored health benefit plan is available;

(iv) Discontinuation of health benefits to all dependents of employees of the applicant’s employer; or

(v) Expiration of the applicant’s continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Md. Code, Health Occupations § 15-317 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-317
§15–317.
Status: in_force

(a) A physician assistant who is licensed in this State or in any other state or who is an employee of the federal government is authorized to perform acts, tasks, or functions as a physician assistant during a disaster as defined by the Governor, within a county in which a state of disaster has been declared, or counties contiguous to a county in which a state of disaster has been declared.

(b) The physician assistant shall notify the Board in writing of the names, practice locations, and telephone numbers for the physician assistant within 30 days after the first performance of medical acts, tasks, or functions as a physician assistant during the disaster.

(c) A team of physicians and physician assistants or physician assistants practicing under this section may not be required to maintain on–site documentation describing collaboration agreements as otherwise required under this title.
Md. Code, Health - General § 15-124.3 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-124.3
§15–124.
Status: in_force

§15–124.3.

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

(2) “Enrollee” means an individual who is enrolled in the Program.

(3) “Medicare Modernization Act” means the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

(4) “Medicare Part D prescription drug benefit” means the prescription drug benefit established by the Medicare Modernization Act under Part D of the federal Medicare Program.

(5) “Prescription drug plan” means a private health plan that provides a Medicare Part D prescription drug benefit in accordance with the requirements of the Medicare Modernization Act.

(6) “Program” means the Medicare Option Prescription Drug Program established under this section.

(b) There is a Medicare Option Prescription Drug Program within the Maryland Medical Assistance Program.

(c) The purpose of the Program is to:

(1) Assist low–income Medicare eligible individuals to make a seamless transition to, and coordinate prescription drug coverage with, the Medicare Part D prescription drug benefit; and

(2) Minimize the cost–sharing burden on the individuals.

(d) The Program shall be administered and operated by the Department as permitted by federal law or waiver.

(e) (1) The Program shall be open to any individual who:

(i) Is a resident of the State;

(ii) Is a Medicare beneficiary;

(iii) Is not enrolled in a Medicare Advantage Plan or other public or private insurance program, except for Medicaid and the Maryland Pharmacy Assistance Program, that provides prescription drug benefits at the time that the individual applies for enrollment in the Program;

(iv) Has an annual household income below 150 percent of the federal poverty level; and

(v) Meets the asset test established by the Medicare Modernization Act under Medicare Part D.

(2) Individuals who are dually eligible for Medicare and Medicaid, or Medicare and the Maryland Pharmacy Assistance Program, may be enrolled automatically in the Program, provided that they may elect to opt out of the Program.

(3) Enrollment in the Program for individuals who are dually eligible for Medicare and Medicaid shall begin not later than the date on which the auto–enrollment period for the federal Medicare Part D Program begins.

(4) The Department shall determine the procedures for automatic enrollment in, and election to opt out of, the Program.

(5) Individuals who meet the eligibility requirements of paragraph (1) of this subsection but who are not dually eligible for Medicare and either Medicaid or the Maryland Pharmacy Assistance Program may apply for enrollment in the Medicare Option Prescription Drug Program by submitting an application to the Department.

(f) The Department may:

(1) Enter into a contract with one or more prescription drug plans to coordinate the prescription drug benefits provided under the Program and the Medicare Part D prescription drug benefit;

(2) Require a pharmaceutical manufacturer to provide rebates in an amount not less than the rebates provided to the Medicaid Program under § 1927(c) of Title XIX of the Social Security Act (42 U.S.C. § 1396r–8) as a condition of the pharmaceutical manufacturer’s products being available to enrollees;

(3) Enroll eligible individuals into a prescription drug plan under contract with the Department, with an opt–out provision at the individual’s discretion;

(4) Specify procedures for individuals to apply for enrollment in the Program;

(5) Contract with a private entity to assist in administration of the Program or negotiations with prescription drug plans; and

(6) Pay all or part of the premiums, deductibles, coinsurance payments, and copayments required under the Medicare Part D Program for enrollees.

(g) Subject to available funds, the Program established under this subtitle shall provide benefits to the maximum number of individuals eligible for enrollment in the Program.

(h) The Secretary shall adopt regulations to implement the Program.
Md. Code, Insurance § 15-418 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-418
§15–418.
Status: in_force

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

(2) “Carrier” means:

(i) an insurer;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(3) “Child dependent” means an individual who:

(i) is:

1. the grandchild of the insured; or

2. a child who is entitled to dependent coverage under § 15–403.1 of this subtitle;

(ii) is unmarried; and

(iii) is under the age of 25 years.

(b) (1) This section applies to:

(i) each policy of individual or group health insurance that is issued in the State;

(ii) each contract that is issued in the State by a nonprofit health service plan; and

(iii) each contract that is issued in the State by a health maintenance organization.

(2) Notwithstanding paragraph (1) of this subsection, this section does not apply to:

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

1. coverage only for loss caused by an accident;

2. disability coverage;

3. credit–only insurance; or

4. long–term care coverage; or

(ii) the following benefits if they are provided under a separate contract:

1. dental coverage;

2. vision coverage;

3. Medicare supplement insurance;

4. coverage limited to benefits for a specified disease or diseases;

5. travel accident or sickness coverage; and

6. fixed indemnity limited benefit insurance that does not provide benefits on an expense incurred basis.

(c) Each policy or contract subject to this section that provides coverage for dependents shall:

(1) include coverage for a child dependent;

(2) provide the same health insurance benefits to a child dependent that are available to any other covered dependent; and

(3) provide health insurance benefits to a child dependent at the same rate or premium applicable to any other covered dependent.

(d) This section does not limit or alter any right to dependent coverage or to the continuation of coverage that is otherwise provided for in this article.
Md. Code, Transportation § 15-806 — MD Code / Article gtr / Title 15 / Subtitle 8 / Section 15-806
§15–806.
Status: in_force

The license authorizes the licensee to be a driving instructor for a licensed drivers’ school during the license year for which it is issued.
Md. Code, Health - General § 15-136 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-136
§15–136.
Status: in_force

(a) The Department shall use existing resources to establish a toll free Maryland Pharmacy Access Hotline that:

(1) Operates during regular business hours; and

(2) During nonbusiness hours allows callers to leave a message.

(b) (1) The Department shall distribute to all Program recipients information about the Maryland Pharmacy Access Hotline.

(2) The information shall state clearly in easily readable print:

(i) The toll free telephone number of the hotline; and

(ii) That the Program recipient should call the telephone number if the Program recipient is having problems getting necessary medicines.

(c) The Department shall notify all health care providers who participate in the Program about the Maryland Pharmacy Access Hotline.

(d) The Department shall:

(1) Develop a methodology to track the number and type of calls received by the Maryland Pharmacy Access Hotline; and

(2) Provide a quarterly report to the Pharmacy and Therapeutics Committee that summarizes the number and type of calls received by the Maryland Pharmacy Access Hotline.
Md. Code, Education § 15-130.1 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-130.1
§15–130.
Status: in_force

§15–130.1.

(a) In this section, “athletic program” means any intercollegiate athletic program at a public institution of higher education in the State.

(b) The Commission, in collaboration with the Maryland Department of Health, shall develop guidelines for public institutions of higher education to train coaches to recognize indicators of mental illness and behavioral distress in students, including:

(1) Depression;

(2) Trauma;

(3) Violence;

(4) Youth suicide; and

(5) Substance abuse.

(c) A public institution of higher education that offers an athletic program shall provide training in accordance with the guidelines developed under subsection (b) of this section to each coach participating in the athletic program.