Md. Code, Health Occupations § 15-305 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall issue a license to an applicant who meets the requirements of this title.

(b) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this article, in determining whether to issue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 14–308.1 of this article has not been received.
Md. Code, Insurance § 15-1635 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1635
§15–1635.
Status: in_force

If a therapeutic interchange occurs, the pharmacy benefits manager or its agent shall:

(1) disclose to the beneficiary, orally or in writing:

(i) that the pharmacy benefits manager or its agent requested a therapeutic interchange by contacting the beneficiary’s prescriber;

(ii) the prescriber approved the therapeutic interchange;

(iii) the names of the originally prescribed drug and the drug dispensed pursuant to the therapeutic interchange;

(iv) the difference in copayments or coinsurance to be paid by the beneficiary to obtain the drug dispensed pursuant to the therapeutic interchange;

(v) the circumstances under which the originally prescribed drug will be covered;

(vi) the circumstances under and the extent to which health care costs related to the therapeutic interchange will be compensated; and

(vii) that the beneficiary may decline the therapeutic interchange if the originally prescribed drug remains on the beneficiary’s formulary, and the beneficiary is willing to pay any difference in the copayment or coinsurance; and

(2) include with the prescription drug dispensed:

(i) a patient package insert about potential side effects; and

(ii) a toll–free telephone number to communicate with the pharmacy benefits manager.
Md. Code, Insurance § 15-910 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-910
§15–910.
Status: in_force

(a) Each Medicare supplement policy or certificate shall have prominently printed on the first page of the policy or certificate or attached to it, a notice that states that the applicant may:

(1) return the Medicare supplement policy or certificate within 30 days after its delivery; and

(2) receive a refund of the premium if after examination of the Medicare supplement policy or certificate, the applicant is not satisfied for any reason.

(b) The carrier shall pay a refund made under this section directly to the applicant in a timely manner.
Md. Code, Health - General § 15-608 — MD Code / Article ghg / Title 15 / Subtitle 6 / Section 15-608
§15–608.
Status: in_force

(a) On or before January 1, 2007, and in consideration of the recommendations of the Task Force on the Establishment of a Prescription Drug Repository Program, the Board shall adopt regulations governing the Program.

(b) The regulations shall include:

(1) Categories of drugs that a repository will not accept, including a statement as to why the drug is ineligible for donation;

(2) A standard form each donor donating to a drop–off site located in the State must sign stating that the donor is the owner of the drugs and intends to voluntarily donate them to the Program;

(3) Requirements for designation of drop–off sites to accept donated prescription drugs, over–the–counter drugs, and medical supplies under the Program;

(4) Requirements for designation of repositories to dispense or dispose of donated prescription drugs, over–the–counter drugs, and medical supplies under the Program;

(5) Standards and procedures for drop–off sites and repositories located in the State related to accepting, safely storing, dispensing, shipping, and disposing of donated prescription drugs, over–the–counter drugs, and medical supplies;

(6) Standards and procedures for repositories located in the State related to inspecting donated prescription drugs, over–the–counter drugs, and medical supplies intended for dispensing to determine that:

(i) The prescription drugs and over–the–counter drugs are in original unopened, sealed, and tamper–evident packaging, which may include packaging placed by the manufacturer and packaging placed by an entity authorized to repackage drugs in the state in which the entity is located;

(ii) The medical supplies are in their original unopened and sealed packaging; and

(iii) The prescription drugs, over–the–counter drugs, and medical supplies are unadulterated, safe, and suitable for dispensing;

(7) A standard form that an individual receiving a prescription drug, over–the–counter drug, or medical supply from a repository located in the State must sign before receiving the drug or supply to confirm that the individual understands that:

(i) The individual is receiving prescription drugs, over–the–counter drugs, or medical supplies that have been donated to the Program; and

(ii) Entities involved in the Program have certain immunity from liability;

(8) Record keeping and reporting requirements for a repository located in the State; and

(9) Any other standards and procedures the Board considers appropriate for drop–off sites and repositories located in the State.
Md. Code, State Personnel and Pensions § 15-108 — MD Code / Article gsp / Title 15 / Subtitle 1 / Section 15-108
§15–108.
Status: in_force

A person may not willfully assist another to commit an act prohibited by this subtitle.
Md. Code, Environment § 15-509 — MD Code / Article gen / Title 15 / Subtitle 5 / Section 15-509
§15–509.
Status: in_force

(a) On the basis of the approved monthly reports of coal produced submitted under § 15–508 of this subtitle, the Department shall assess a 15 cent mine reclamation surcharge for each ton of coal removed by the open–pit or strip method.

(b) Of the amount assessed under subsection (a) of this section:

(1) An amount equal to 9 cents for each ton of coal produced for the month shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and shall be administered in accordance with §§ 15–515, 15–516, and 15–517 of this subtitle; and

(2) An amount equal to 6 cents for each ton of coal produced for the month shall be remitted to the fiscal authority of the county in which the coal was removed.

(c) The provisions of subsection (b)(2) of this section may not apply for a month when the provisions of § 15–517(b) or (e) of this subtitle apply.

(d) On the basis of the approved monthly reports of coal produced that are submitted under § 15–508 of this subtitle, the Department shall assess a 2 cent bond supplement reserve surcharge for each ton of coal removed by the open–pit or strip method, which amount shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and administered in accordance with §§ 15–515, 15–516 and 15–517 of this subtitle.
Md. Code, Environment § 15-1106 — MD Code / Article gen / Title 15 / Subtitle 11 / Section 15-1106
§15–1106.
Status: in_force

(a) The expenditure of funds available for the purposes of this subtitle shall reflect the following priorities in the order stated:

(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;

(2) The protection of public health, safety, and general welfare from adverse effects of coal mining practices;

(3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

(4) Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;

(5) The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and

(6) The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.

(b) Lands and water eligible for reclamation expenditures under this title are those which were mined for coal, or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and lands and water made eligible through amendments to the federal Surface Mining Control and Reclamation Act of 1977 as amended through October 1, 1994, and for which there is no continuing reclamation responsibility under State or federal law.
Md. Code, Land Use § 15-501 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

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

(b) (1) “Abuse” means an employee’s intentional misconduct or misuse of authority or position:

(i) involving Commission property or funds that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or

(ii) for the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.

(2) “Abuse” includes:

(i) theft or misappropriation of Commission property or funds; and

(ii) destruction or alteration of official records.

(c) (1) “Fraud” means an intentional act or attempt to obtain something of value from the Commission or another person through willful misrepresentation.

(2) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which causes the Commission to act, or fail to act, to the detriment of the Commission’s interest.

(d) “Office” means the Office of the Inspector General.

(e) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the Commission for consideration, including contracts and subcontracts for construction and professional services related to construction.

(f) (1) “Waste” means an inappropriate act or omission by an employee with control over, or access to, Commission property or funds that unreasonably deprives the Commission of value.

(2) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct a prudent person would consider necessary to preserve the value of Commission property or funds under the same facts and circumstances.
Md. Code, Insurance § 15-828 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-828
§15–828.
Status: in_force

(a) This section applies to:

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

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

(b) An entity subject to this section shall provide coverage for general anesthesia and associated hospital or ambulatory facility charges in conjunction with dental care provided to an enrollee or insured if the enrollee or insured:

(1) (i) is 7 years of age or younger or is developmentally disabled;

(ii) is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual, or other medically compromising condition of the enrollee or insured; and

(iii) is an individual for whom a superior result can be expected from dental care provided under general anesthesia; or

(2) (i) is an extremely uncooperative, fearful, or uncommunicative child who is 17 years of age or younger with dental needs of such magnitude that treatment should not be delayed or deferred; and

(ii) is an individual for whom lack of treatment can be expected to result in oral pain, infection, loss of teeth, or other increased oral or dental morbidity.

(c) An entity subject to this section may require prior authorization for general anesthesia and associated hospital or ambulatory facility charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.

(d) An entity subject to this section may restrict coverage for general anesthesia and associated hospital or ambulatory facility charges to dental care that is provided by:

(1) a fully accredited specialist in pediatric dentistry;

(2) a fully accredited specialist in oral and maxillofacial surgery; and

(3) a dentist to whom hospital privileges have been granted.

(e) The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.

(f) The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
Md. Code, Insurance § 15-304 — MD Code / Article gin / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

(a) Except as provided in §§ 14–205.2 and 14–205.3 of this article, and subject to subsection (b) of this section, on request of the policyholder, a policy of group health insurance may contain a provision that all or part of the benefits provided by the policy for hospital, nursing, medical, or surgical services, at the insurer’s option, may be paid directly to the hospital or person that provides the services.

(b) A policy of group health insurance may not require that hospital, nursing, medical, or surgical services be provided by a particular hospital or person.

(c) A direct payment made under subsection (a) of this section discharges the insurer’s obligation with respect to the amount paid.
Md. Code, Education § 15-115 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-115
§15–115.
Status: in_force

(a) Each public institution of higher education in the State shall:

(1) Develop a pathway system whereby public institutions of higher education establish graduation progress benchmarks for each academic major and for the general education program for students who have not declared a major;

(2) Require the pathway for each first–time degree–seeking student to include credit–bearing mathematics and English courses in the first 24 credit hours of courses; and

(3) Require the pathway for each degree–seeking student enrolled in a developmental course in mathematics, reading, or English to include the credit–bearing course in mathematics, reading, or English concurrent with or in the semester immediately following completion of the developmental course.

(b) (1) The benchmarks established in subsection (a)(1) of this section shall specify the credit and course criteria that indicate satisfactory progress toward a degree.

(2) Academic units shall establish schedules for regular periodic reviews of student progress.

(3) Students who are in danger of falling behind the program benchmarks shall be required to consult with an academic advisor before registration.
Md. Code, Health - General § 15-1205 — MD Code / Article ghg / Title 15 / Subtitle 12 / Section 15-1205
§15–1205.
Status: in_force

(a) The Advisory Group shall:

(1) Evaluate the sufficiency of Medicaid payment rates for applicable service categories; and

(2) Evaluate challenges to accessing care for applicable Medicaid home– and community–based services.

(b) (1) On or before September 1 each year, beginning in 2026, the Advisory Group shall report its activities and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) Any recommendations adopted by the Advisory Group must receive a majority vote.

(c) The Department shall post the report to the Department’s website within 30 days after the report has been finalized.

(d) The Advisory Group may hold opportunities to solicit and collect testimony from the public and invite input from employer organizations, worker organizations, consumer advocacy groups, and other stakeholders in the direct care industry.

(e) (1) An employer or State agency may not take retaliatory action against a direct care worker or consumer for participation in the Advisory Group.

(2) This section does not limit the rights of direct care workers under State or federal employment or labor law, or collective bargaining agreements.
Md. Code, Business Occupations and Professions § 15-603 — MD Code / Article gbo / Title 15 / Subtitle 6 / Section 15-603
§15–603.
Status: in_force

(a) Unless authorized under this title to practice land surveying without the supervision required under § 15-303 of this title, a person may not represent to the public, by use of a title, including “land surveyor”, “professional land surveyor”, “licensed land surveyor”, or “registered land surveyor”, by use of the term “land surveying” in the name of the person’s business activity, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice land surveying in the State.

(b) Unless authorized under this title to practice property line surveying without the supervision required under § 15-303 of this title, a person may not represent to the public, by use of a title, including “licensed property line surveyor” or “property line surveyor”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice property line surveying in the State.
Md. Code, Insurance § 15-506 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-506
§15–506.
Status: in_force

(a) Each insurer and nonprofit health service plan that provides maternity benefits in a policy form customarily issued on an individual or family basis shall offer the benefits to individuals regardless of marital status.

(b) (1) This subsection applies to each group or blanket health insurance policy that is delivered or issued for delivery in the State by an insurer or nonprofit health service plan.

(2) Each policy subject to this subsection that provides maternity benefits for pregnancy and childbirth of employees or members or of covered dependents of employees or members, whether the benefits are in the form of disability, hospital, medical, or surgical benefits, shall provide identical benefits regardless of marital status to:

(i) all covered employees or members; or

(ii) all covered employees or members and all covered dependents of employees or members.
Md. Code, Transportation § 15-509 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-509
§15–509.
Status: in_force

(a) (1) If an automotive dismantler and recycler or scrap processor takes possession of a vehicle from a person other than the owner of the vehicle and does not receive a certificate of title, a certificate of authority under § 25–209 of this article, or other documentary evidence of ownership acceptable to the Administration, the automotive dismantler and recycler or scrap processor shall comply with this section.

(2) This section does not apply to a vehicle towed from residential or commercial property under a continuing contract to tow unauthorized vehicles, for which a certificate of authority is required to be obtained under § 25–209 of this article.

(b) (1) As soon as reasonably possible and within 7 days after it takes a vehicle into possession from a person other than the owner of the vehicle, an automotive dismantler and recycler or scrap processor shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:

(i) The last known registered owner of the vehicle; and

(ii) Each secured party, as shown on the records of the Administration.

(2) The notice shall:

(i) State that the vehicle has been taken into custody;

(ii) Describe the year, make, model, and vehicle identification number of the vehicle;

(iii) Give the location of the facility where the vehicle is held;

(iv) Inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 11 working days after the date of the notice, on payment of all towing, recovery, and storage charges owed to the automotive dismantler and recycler or scrap processor resulting from taking or holding the vehicle; and

(v) State that the failure of the owner or secured party to exercise this right in the time provided is:

1. A waiver by the owner or secured party of all of the owner’s or secured party’s right, title, and interest in the vehicle; and

2. A consent to the dismantling, destroying, or scrapping of the vehicle.

(c) If the automotive dismantler and recycler or scrap processor receives with the vehicle documentary proof that the notification procedures of subsection (b) of this section already have been completed by another person before taking possession of the vehicle or that the vehicle is being received from the owner of the vehicle or an agent of the owner, the automotive dismantler and recycler or scrap processor may accept documentation as to notice or ownership as proof of compliance and is not required to repeat provision of this notification.

(d) In addition to documentation of notice under subsections (b) and (c) of this section, an automotive dismantler and recycler or scrap processor shall obtain from a person who provides the vehicle:

(1) An affidavit in a form approved by the Administration signed under penalty of perjury by the person providing the vehicle;

(2) A copy of the driver’s license of the person who provides the vehicle;

(3) Any proof of ownership documents acceptable to the Administration, if available; and

(4) If the vehicle is transported by a tow vehicle, a copy of the registration of the tow vehicle.

(e) An affidavit under subsection (d) of this section shall include:

(1) A statement that the person providing the vehicle has the lawful right to possess the vehicle and the basis of that right;

(2) A statement that, except as provided in § 25–209 of this article, the vehicle may not be retitled and may only be dismantled, destroyed, or scrapped;

(3) A description of the vehicle, including year, make, model, color, and vehicle identification number;

(4) The name, address, driver’s license number, and signature of the person providing the vehicle;

(5) An acknowledgement that:

(i) The form is being signed under penalty of perjury; and

(ii) The penalties established under subsection (k) of this section apply;

(6) The date the vehicle is provided to the automotive dismantler and recycler or scrap processor;

(7) The name, address, and State–issued license number of the automotive dismantler and recycler or scrap processor acquiring the vehicle; and

(8) The printed name, title, and signature of the person accepting the vehicle.

(f) The automotive dismantler and recycler or scrap processor shall keep and make available for inspection by a law enforcement agency for 3 years under procedures adopted by the Administration by regulation:

(1) All documentation of notice provided under subsection (b) or (c) of this section; and

(2) All additional documentation required to be obtained or kept on file under subsection (d) of this section.

(g) An automotive dismantler and recycler or scrap processor may not accept a vehicle that is transported by a tow truck unless the tow truck is registered under § 13–920 of this article.

(h) On receipt of a vehicle, an automotive dismantler and recycler or scrap processor shall comply with procedures for notification, reporting, and document retention as established by the Administration by regulation.

(i) The automotive dismantler and recycler or scrap processor takes unencumbered title to the vehicle for the purpose of dismantling, recycling, or scrap processing, without having to obtain a certificate of title for it in his own name, if:

(1) The automotive dismantler and recycler or scrap processor has complied with this section; and

(2) The vehicle has not been recovered or reclaimed, before the end of the 11–working day period specified in the notice, by the owner, secured party, or other person entitled to its possession.

(j) A person may not knowingly make a false statement on an affidavit of lawful possession under this section.

(k) A person who violates subsection (j) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
Md. Code, Health - General § 15-122 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-122
§15–122.
Status: in_force

(a) (1) The spouse of a Program recipient is responsible for payments for the health care needs of the Program recipient to the extent that the spouse is able to pay any of the cost of care. Except as provided in paragraph (2) of this subsection, the total liability shall be limited to the amount spent for the care under the Program.

(2) In any case in which eligibility was based on the spouse’s refusal to pay for the Program recipient’s care, the liability of the spouse may include:

(i) The amount spent for care by the Program;

(ii) Administrative and enforcement costs incurred by the Program related to pursuing reimbursement from the spouse; and

(iii) Any penalties established by the Secretary by regulation for a violation of this section not to exceed $50 per day for each day a violation exists.

(b) (1) The Secretary shall adopt rules and regulations that set standards for payment by the spouse based on the ability of the spouse to pay all or part of the cost of care. To determine reasonably the ability to pay, the Secretary shall evaluate available income, ordinary living expenses, special expenses, and assets, other than the homestead of the spouse and its appurtenances.

(2) Notwithstanding the standards established under paragraph (1) of this subsection, the spouse may also be liable for costs and penalties under subsection (a)(2) of this section.

(c) (1) The Secretary may collect the money owed.

(2) The Central Collection Unit in the Department of Budget and Management shall collect delinquent accounts and debts.
Md. Code, Transportation § 15-311 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-311
§15–311.
Status: in_force

(a) A contract for the sale of a vehicle by a dealer shall contain a clear statement of:

(1) The principal amount charged for the vehicle;

(2) Any interest charged on the principal amount;

(3) Any fee charged under § 13–610 of this article;

(4) Any dealer processing charge, as defined in § 15–311.1 of this subtitle; and

(5) Any other charge made in connection with the sale of the vehicle.

(b) In addition to the information required by subsection (a) of this section, a contract for the sale of a new vehicle shall include:

(1) The base price of the vehicle;

(2) The manufacturer’s code or stock number for the vehicle; and

(3) A clear and specific description of each extra item and each extra charge not included in the base price of the vehicle ordered by the buyer.

(c) If a licensee issues a stop sale directive applicable to a used vehicle manufactured by the licensee to a dealer that holds a franchise from the licensee and there are no remedies or parts available to fix the motor vehicle, the licensee shall compensate the dealer by:

(1) Providing payment to the dealer at a rate of at least 1% per month or portion of a month of the value of the vehicle; or

(2) Compensating the dealer under a national program that is applicable to all dealers holding a franchise from the licensee for the dealer’s costs associated with the stop sale directive.

(d) When a vehicle arrives for delivery, the dealer shall advise the buyer of any extra items ordered by the buyer that are not on the vehicle.

(e) When a vehicle arrives for delivery, the dealer shall advise the buyer of any extra items on the vehicle that the buyer did not order.

(f) When a vehicle arrives for delivery, the dealer shall advise the buyer of the cost of extra items described under subsections (d) and (e) of this section.
Md. Code, Estates and Trusts § 15-107 — MD Code / Article get / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

Whenever by will, deed, or other instrument, a power to sell, mortgage, lease or otherwise dispose of or deal with property shall be given to any one or more fiduciaries, the power, whether discretionary or otherwise, shall be construed to be appurtenant to the fiduciary office and shall pass to and be exercisable by any surviving or successor fiduciary, unless an intention to the contrary is expressly declared in the will, deed, or other instrument.
Md. Code, Insurance § 15-2016 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2016
§15–2016.
Status: in_force

(a) A pharmacy services administrative organization that owns or is owned by, in whole or in part, an entity that manufactures, sells, or distributes prescription drugs, biologics, or medical devices may not require, as a condition of entering into a pharmacy services administrative contract, that an independent pharmacy purchase any drugs, biologics, or medical devices from the entity.

(b) A pharmacy services administrative organization that owns or is owned by, in whole or in part, any entity that manufactures, sells, or distributes prescription drugs, biologics, or medical devices shall disclose to the Commissioner any agreement with an independent pharmacy under which the independent pharmacy purchases prescription drugs, biologics, or medical devices from the entity.
Md. Code, Criminal Procedure § 15-205 — MD Code / Article gcp / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

After consultation with the State Board of Victim Services, the Council shall adopt regulations for the administration of the Victim and Witness Protection and Relocation Program established under § 11–902 of this article.
Md. Code, Housing and Community Development § 15-105 — MD Code / Article ghs / Title 15 / Subtitle 1 / Section 15-105
§15–105.
Status: in_force

(a) In addition to the powers listed elsewhere in this Division II and any powers given by local law, the Baltimore Authority within its area of operation may:

(1) make mortgage loans;

(2) make rent subsidy payments to or for persons of eligible income;

(3) make construction loans and long-term mortgage loans to any person to produce housing for persons of eligible income; and

(4) purchase and insure mortgages secured by housing for persons of eligible income.

(b) Not more than 80% of the residents of a housing project may have incomes above the levels for persons of eligible income.

(c) The listing of powers in this section does not imply that the exercise of those powers by the Baltimore Authority before July 1, 1990, was unauthorized.

(d) The power of the Baltimore Authority to rent housing to persons of eligible income is not limited by § 12-402 of this article.
Md. Code, Insurance § 15-1607 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1607
§15–1607.
Status: in_force

(a) Subject to the applicable hearing provisions of Title 2 of this article, the Commissioner may deny a registration to a pharmacy benefits manager applicant or refuse to renew, suspend, or revoke the registration of a pharmacy benefits manager if the pharmacy benefits manager, or an officer, director, or employee of the pharmacy benefits manager:

(1) makes a material misstatement or misrepresentation in an application for registration;

(2) fraudulently or deceptively obtains or attempts to obtain a registration;

(3) in connection with the administration of pharmacy benefits management services, commits fraud or engages in illegal or dishonest activities; or

(4) violates any provision of this part or a regulation adopted under this part.

(b) This section does not limit any other regulatory authority of the Commissioner under this article.
Md. Code, Insurance § 15-1611 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1611
§15–1611.
Status: in_force

(a) This section applies only to a pharmacy benefits manager that provides pharmacy benefits management services on behalf of a carrier.

(b) A pharmacy benefits manager may not prohibit a pharmacy or pharmacist from:

(1) providing a beneficiary with information regarding the retail price for a prescription drug or the amount of the cost share for which the beneficiary is responsible for a prescription drug;

(2) discussing with a beneficiary information regarding the retail price for a prescription drug or the amount of the cost share for which the beneficiary is responsible for a prescription drug; or

(3) if a more affordable drug is available than one on the purchaser’s formulary and the requirements for a therapeutic interchange under §§ 15–1633.1 through 15–1639 of this subtitle are met, selling the more affordable alternative to the beneficiary.

(c) This section may not be construed to alter the requirements for a therapeutic interchange under §§ 15–1633.1 through 15–1639 of this subtitle.
Md. Code, Commercial Law § 15-502 — MD Code / Article gcl / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

(a) If the creditor assigns or transfers the debt to a nonresident in violation of § 15-501 of this subtitle and the debt is collected by the assignee outside the State, the creditor is liable to the debtor for the full amount of the debt including collected interest and costs. In addition, the creditor forfeits his right to exempt his own wages or property from execution if a writ of execution is issued against him for collection of these amounts.

(b) Proof of the fact of the assignment or transfer, whether or not for value, to a nonresident assignee is prima facie evidence of the creditor’s intent to deprive the debtor of his rights under the laws of the State which exempt his wages or property from execution.
Md. Code, Business Occupations and Professions § 15-314 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-314
§15–314.
Status: in_force

(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first June 30 that comes:

(1) after the effective date of the license; and

(2) in an odd–numbered year.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the license fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(3) The failure of a licensee to receive the notice for which this subsection provides does not prevent the license from expiring as specified under subsection (a) of this section.

(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board a license fee set by the Board; and

(3) submits to the Board a renewal application on the form that the Board provides.

(d) (1) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(2) The Board shall include on each renewal certificate that the Board issues:

(i) the date on which the current license expires; and

(ii) the signatures of the chairman and secretary of the Board, under seal of the Board.

(e) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

(f) The Board shall adopt regulations to require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section in accordance with the following:

(1) a continuing professional competency requirement does not apply to the first renewal of a license;

(2) if a license expires on or before September 30, 2002, a professional land surveyor or licensed property line surveyor is not required to fulfill the continuing professional competency requirement;

(3) if a license expires between October 1, 2002 and September 30, 2003, a professional land surveyor or licensed property line surveyor is required to fulfill 50 percent of the continuing professional competency requirement as provided in the regulations adopted by the Board under this subsection; and

(4) if a license expires on or after October 1, 2003, a professional land surveyor or licensed property line surveyor is required to fulfill the full continuing professional competency requirement as provided in the regulations adopted by the Board under this subsection.
Md. Code, Land Use § 15-305 — MD Code / Article glu / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) The conditions and limitations established in this section apply to contracts or amendments to contracts entered into under this subtitle to acquire parkland in the metropolitan district in accordance with § 1(a) and (b) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482.

(b) (1) Except as provided in subsection (d) of this section, the Commission may amend a contract.

(2) An amendment to a contract shall be ratified by the appropriate county council before the amendment becomes binding on the State, the Commission, or the county.

(c) (1) The Commission may enter into a contract with a governmental unit to:

(i) adopt a general or revised plan for the acquisition of parklands in the metropolitan district; and

(ii) specify the method to finance the acquisition.

(2) The appropriate county council shall ratify a contract before the contract becomes binding on the State, the Commission, or the county.

(d) (1) The Commission may enter into a supplemental agreement to a contract or amendment to a contract with a governmental unit in accordance with this subsection.

(2) A supplemental agreement shall:

(i) be for the acquisition of specific units of land in the metropolitan district that comprise portions of the general park plan adopted in the contract or amendment to the contract; and

(ii) specify the financing for the acquisition.

(3) A supplemental agreement for a specific unit of land located in Montgomery County or Prince George’s County shall be submitted to the appropriate county council for ratification.

(4) The appropriate county council shall ratify a supplemental agreement if the county finds that:

(i) the boundaries of the unit of land to be acquired under the supplemental agreement are in the general park plan adopted by the contract or amendment that the agreement supplements; and

(ii) the proceeds from the taxes authorized under the supplemental agreement will allow the Commission to satisfy the obligations of the supplemental agreement, including any interest.

(5) In determining whether the Commission will be able to meet an obligation with the proceeds of the taxes authorized under the supplemental agreement, the appropriate county council shall:

(i) compute the proceeds on the assessable basis of the parts of the metropolitan district lying in the county for the fiscal year in which approval is sought; and

(ii) assume that the entire tax imposed will be collected so long as there is an outstanding and unpaid obligation.

(e) (1) The appropriate county council may ratify the supplemental agreement by simple resolution authorizing the chair of the county council to:

(i) endorse the supplemental agreement; and

(ii) execute a guarantee in accordance with this subtitle.

(2) Ratification by the Montgomery County Council is not necessary to approve:

(i) contracts or amendments that are not related to the acquisition of a specific unit of parkland; or

(ii) supplemental agreements to contracts related only to the acquisition of specific units of parkland.
Md. Code, Transportation § 15-210 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

(a) A manufacturer, whether directly or through an agent, employee, or representative, may not use any advertisement that is in any way false, deceptive, or misleading.

(b) A distributor, whether directly or through an agent, employee, or representative, may not use any advertisement that is in any way false, deceptive, or misleading.

(c) A factory branch, whether directly or through an agent, employee, or representative, may not use any advertisement that is in any way false, deceptive, or misleading.
Md. Code, Education § 15-106.10 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-106.10
§15–106.
Status: in_force

§15–106.10.

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

(2) “Deaf or hard of hearing child” means a minor who has hearing loss as determined through a universal newborn hearing screening under § 19–308.5 of the Health – General Article or a similar screening.

(3) “Language or communication mode” means the method that a parent or legal guardian chooses to communicate with their deaf or hard of hearing child, including:

(i) American Sign Language, as defined in § 7–702 of the Human Services Article;

(ii) Cued speech, which is a system of handshapes and positions that, when combined with the mouth movements of speech, visually represent the phonemes of spoken language; and

(iii) Listening and spoken language, in which infants and young children with hearing loss are taught to listen and talk with support from hearing technology, such as hearing aids, assistive listening devices, or cochlear implants.

(4) “Tuition” means the charges imposed by a public institution of higher education for enrollment in a course that teaches a language or communication mode at the institution, including charges for registration and all fees for enrolling in the course.

(b) A parent of a deaf or hard of hearing child:

(1) May take one course that teaches a language or communication mode at an institution of higher education; and

(2) Is exempt from paying tuition at a public institution of higher education for the course.
Md. Code, Transportation § 15-607 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-607
§15–607.
Status: in_force

(a) In addition to the other grounds specified in Subtitle 1 of this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this subtitle to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:

(1) The person, his management personnel, or any other person who has a direct or indirect financial interest in the title service agency is untrustworthy, lacks competence, or has been convicted by final judgment in any court of a crime of moral turpitude; or

(2) The title service agency transactions of the person with the Administration have been marked by fraud or bad faith.

(b) As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or refusal to renew a license under this section, the Administration may order the licensee to pay a fine not exceeding $1,000 for each violation of this subtitle.
Md. Code, Insurance § 15-810.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-810.1
§15–810.
Status: in_force

§15–810.1.

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

(2) “Iatrogenic infertility” means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment affecting the reproductive organs or processes.

(3) “Medical treatment that may directly or indirectly cause iatrogenic infertility” means medical treatment with a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or the American Society of Clinical Oncology.

(4) (i) “Standard fertility preservation procedures” means procedures to preserve fertility that are consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or the American Society of Clinical Oncology.

(ii) “Standard fertility preservation procedures” includes sperm and oocyte cryopreservation and evaluations, laboratory assessments, medications, and treatments associated with sperm and oocyte cryopreservation.

(iii) “Standard fertility preservation procedures” does not include the storage of sperm or oocytes.

(b) This section applies to:

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

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

(c) Except as provided in subsection (d) of this section, an entity subject to this section shall provide coverage for standard fertility preservation procedures:

(1) performed on a policyholder or subscriber or on the covered dependent of a policyholder or subscriber; and

(2) that are medically necessary to preserve fertility for a policyholder or subscriber or for the covered dependent of a policyholder or subscriber due to a need for medical treatment that may directly or indirectly cause iatrogenic infertility.

(d) An entity subject to this section may not be required to provide coverage under subsection (c) of this section to a religious organization that requests and receives an exclusion from in vitro fertilization coverage under § 15–810(i) of this subtitle.
Md. Code, Insurance § 15-1618 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1618
§15–1618.
Status: in_force

The Commissioner may consider a pharmacy and therapeutics committee of a pharmacy benefits manager as having met the requirements of §§ 15–1614 and 15–1617 of this part if the pharmacy benefits manager has obtained accreditation from an accrediting organization approved by the Commissioner.
Md. Code, Alcoholic Beverages and Cannabis § 15-802 — MD Code / Article gab / Title 15 / Subtitle 8 / Section 15-802
§15–802.
Status: in_force

(a) There is:

(1) a Class A beer and wine 6–day license; and

(2) a Class A beer and wine 7–day license.

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

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

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

(c) The annual license fees are:

(1) $600 for a 6–day license; and

(2) $900 for a 7–day license.
Md. Code, Commercial Law § 15-211 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-211
§15–211.
Status: in_force

In any case not provided for in this subtitle, the rules of law and equity, including the law merchant, the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.
Md. Code, Environment § 15-822 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-822
§15–822.
Status: in_force

(a) The applicant shall submit with his application for a surface mining permit a proposed mining and reclamation plan. The plan shall include at least the following:

(1) The purpose for which the land previously was used;

(2) The use which is proposed to be made of the land following reclamation;

(3) The manner in which the land is to be opened for mining and how the mining activity is to progress across the tract;

(4) The location of affected areas;

(5) The manner in which topsoil and subsoil are to be conserved and restored and, if conditions do not permit the conservation and restoration of all or part of the topsoil and subsoil, a full explanation of the conditions and alternate procedures proposed;

(6) Where backfilling is required, or where the proposed subsequent land use requires fill, the manner in which the compaction of the fill will be accomplished;

(7) The manner and type of landscaping and screening of the working areas which are exposed to public view during mining;

(8) The proposed practices to protect adjacent surface resources;

(9) The specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;

(10) The manner and type of revegetation or other surface treatment of the affected areas;

(11) A time schedule that meets the requirements of this section; and

(12) Maps and any other supporting documents required by the Department to illustrate the above points.

(b) The applicant shall furnish with the mining and reclamation plan, in a reasonable manner satisfactory to the Department, an accurately surveyed topographic map, in duplicate, on a scale of not smaller than one inch equals 200 feet and with a contour interval of spacing appropriate for the area, showing the location of the tract of land to be affected by mining, and representative cross-sections. The surveyed topographic map and cross-sections shall be prepared and certified by a registered professional engineer or registered surveyor and show the boundaries of the proposed affected land, together with the drainage area above and below the area, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, the outcrop line of any mineral deposit to be mined, the location of all buildings within 200 feet of the outer perimeter of the area affected, the names and addresses of the owners and present occupants, the purpose for which each building is used, the name of the owner of the tract where the proposed mining is to occur, and the names of the adjacent landowners, the municipality or district and county and nearest municipality. The topographic map also shall show the locations of test borings or sampling which the operator has conducted or will conduct at the site of the proposed operation. The cross-sections shall include the location of the test borings or sample sites, the nature and depth of the various strata, the thickness of any mineral seam or deposit, an analysis of any mineral deposit or ore, the thickness of the overburden, and an analysis of the overburden. Aerial photographs of the tract of land to be affected by the mining also shall be provided if they are required by the Department. The information resulting from the test borings is confidential information and not a matter of public record. The Department may waive any of the requirements of this subsection if the operator extracts less than 30,000 tons per year or 20,000 cubic yards per year of minerals and the affected area is less than five acres in size.

(c) The plan shall include a summary statement covering:

(1) The method of compliance with State air and water pollution requirements;

(2) The method of prevention, elimination, or minimization of conditions that would be hazardous to animal or fish life in or adjacent to the area;

(3) The method of rehabilitation of settling ponds;

(4) The method of control of contaminates and disposal of mining refuse; and

(5) The method of restoring or establishing stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution.

(d) The plan shall provide that reclamation activities, particularly those relating to control of erosion, shall be conducted to the extent feasible simultaneously with mining operations and be initiated at the earliest feasible time after completion or termination of mining on any segment of the permit area. The plan shall provide that reclamation activities be completed promptly and not later than two years after completion of mining on each segment of the area for which a permit is requested unless the Department specifically permits a longer period.

(e) The Department may approve, approve subject to stated modifications, or reject the plan which is proposed. The Department shall approve a reclamation plan, as submitted or as modified, if it finds that the plan adequately provides for timely completion of those actions necessary to achieve the purposes and requirements of this subtitle and that, in addition, the plan meets the following minimum standards:

(1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials shall be at an angle to minimize the possibility of slides and be consistent with the future use of the land;

(2) To the extent feasible, the plan shall in all instances reduce safety hazards and provide surface gradients that permit appropriate and reasonably productive use of the land at the completion of the mining;

(3) Provisions for safety to persons and to adjoining property shall be provided in all excavations;

(4) In open pit mining operations, all overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and suitable for the proposed subsequent use of the land;

(5) Suitable drainage ditches or conduits shall be constructed or installed or grading completed to avoid the collection or existence of small pools of water that are, or likely to become, noxious, odious, or foul on the mined area; and

(6) The type of vegetative cover and methods of its establishment shall be specified and conform to accepted and recommended agronomic and reforestation practices established by the Department. Advice and technical assistance may be obtained through the State soil and water conservation districts.

(f) If conditions do not permit the planting of vegetation on all or part of the affected land, and if these conditions pose an actual or potential threat of soil erosion and siltation, alternative procedures shall be proposed to prevent the threat of soil erosion and siltation. If the procedures do not prevent these conditions, the Department may not approve them.

(g) Lakes, ponds, and marsh land shall be considered adequately reclaimed land when approved by the Department.
Md. Code, Transportation § 15-704 — MD Code / Article gtr / Title 15 / Subtitle 7 / Section 15-704
§15–704.
Status: in_force

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

(b) The annual license fee shall be established by the Administration.
Md. Code, Insurance § 15-821 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-821
§15–821.
Status: in_force

(a) This section 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.

(b) (1) A policy or contract subject to this section that provides coverage on a group or individual basis for a diagnostic or surgical procedure involving a bone or joint of the skeletal structure may not exclude or deny coverage for the same diagnostic or surgical procedure involving a bone or joint of the face, neck, or head if, under the accepted standards of the profession of the health care provider rendering the service, the procedure is medically necessary to treat a condition caused by a congenital deformity, disease, or injury.

(2) This subsection does not apply to intraoral prosthetic devices.

(c) (1) This section does not affect any other coverage required under this article or restrict the scope of coverage under a policy or contract subject to this section.

(2) This section is not intended to encourage surgical procedures over appropriate nonsurgical procedures, or to prohibit the continued coverage of nonsurgical procedures in the treatment of a bone or joint of the face, neck, or head.
Md. Code, Health - General § 15-135 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-135
§15–135.
Status: in_force

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

(2) “Designated protection and advocacy systems agency” means a protection and advocacy systems agency that is designated as an independent advocate for individuals with disabilities under the federal Developmental Disabilities Act.

(3) “Nursing facility” has the meaning stated in § 15–132(a)(8) of this subtitle.

(4) “Resident” means an individual receiving long–term care in a nursing facility.

(b) (1) A social worker shall provide to each resident information that:

(i) Explains the availability of services under home– or community–based waiver programs in the State that could enable the resident to live in the community;

(ii) Explains that if the resident’s care is partially or fully reimbursed by the Program, the resident may be able to receive long–term care services in the community instead of in the nursing facility;

(iii) Provides information regarding how to obtain case management services or evaluation services related to home– and community–based waiver programs or other options for receiving long–term care services in the community;

(iv) If written, is in large, easily legible type and in formats accessible to the resident; and

(v) Includes a list of legal, advocacy, and government agency resources.

(2) The Department, in consultation with the State agencies that implement the home– and community–based services programs, shall prepare, distribute, and update as necessary the information required under paragraph (1) of this subsection.

(3) The information required under paragraph (1) of this subsection shall be made available to the resident:

(i) Upon admission and discharge of the resident; and

(ii) When the resident indicates a preference to live in the community, either during the resident’s quarterly assessment or at any other time.

(4) The social worker shall request that the resident sign an acknowledgment of receipt of the information provided by the social worker that shall be kept in the resident’s medical record.

(c) If a resident indicates an interest in or a preference for living in the community, the nursing facility shall refer the resident to the Department, or the Department’s designee, for further assistance.

(d) The Department, or the Department’s designee, shall review the quarterly assessments submitted to the Center for Medicare and Medicaid Services of the U.S. Department of Health and Human Services by each nursing facility that participates in the Program to identify individuals indicating a preference to live in the community.

(e) If a resident who would qualify for home– and community–based waiver services under § 15–137 of this subtitle indicates an interest or preference for living in the community, the Department, or the Department’s designee, shall provide the resident with:

(1) Additional information regarding home– and community–based services, including services available under a medical assistance waiver and their right to access services under § 15–137 of this subtitle; and

(2) Assistance in:

(i) Completing any application forms or process, as needed; and

(ii) Moving from a nursing facility to a community–based setting appropriate to the resident’s needs and expressed wishes.

(f) (1) Subject to paragraph (3) of this subsection, employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living shall have reasonable and unaccompanied access to residents of public or private nursing facilities in the State that receive reimbursement under the Program for the purpose of providing information, training, and referral to programs and services addressing the needs of people with disabilities, including participation in programs that would enable individuals with disabilities to live outside the nursing facility.

(2) Employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living shall maintain the confidentiality of the residents and may not disclose the information provided to or by a resident, except with the express consent of the resident or the resident’s legal guardian or health care representative.

(3) Public or private nursing facilities may require the employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living to provide proof of their employment before authorizing the access required under paragraph (1) of this subsection.

(g) On or before January 1 of each year, the Department, and the Department’s designee, shall report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) The Department’s efforts to promote home– and community–based services;

(2) The number of nursing facility residents referred or identified under subsections (c) and (d) of this section in the previous year;

(3) The number of nursing facility residents who transitioned from nursing facilities to home– and community–based waiver services;

(4) Any obstacles the Department confronted in assisting nursing home residents to make the transition from a nursing facility to a community–based residence; and

(5) The Department’s recommendations for removing the obstacles.
Md. Code, Insurance § 15-10C-02 — MD Code / Article gin / Title 15 / Subtitle 10C / Section 15-10C-02
§15–10C–02.
Status: in_force

The Commissioner, in consultation with the Department and the Board, shall establish and adopt by regulation standards for:

(1) the certification of medical directors;

(2) the renewal, suspension, and revocation of a certificate; and

(3) the issuance of a temporary certificate.
Md. Code, Insurance § 15-404 — MD Code / Article gin / Title 15 / Subtitle 4 / Section 15-404
§15–404.
Status: in_force

(a) This section applies to:

(1) each group or blanket health insurance policy that is issued or delivered in the State and provides coverage on an expense-incurred basis; and

(2) each group medical or major medical contract or certificate that is issued or delivered in the State by a nonprofit health service plan.

(b) Each policy, contract, or certificate subject to this section shall provide a benefit that allows the addition of a certificate holder’s or subscriber’s dependent children to the certificate holder’s or subscriber’s policy or contract at any time and without evidence of insurability if:

(1) the dependent children previously were covered under the policy or contract of the certificate holder’s or subscriber’s spouse; and

(2) the certificate holder’s or subscriber’s spouse has died.

(c) This section applies regardless of whether a certificate holder’s or subscriber’s dependent children are eligible for any continuation or conversion privileges under the policy or contract of the certificate holder’s or subscriber’s spouse.

(d) Within 6 months after the death of the spouse, the certificate holder or subscriber must exercise the benefit provided under this section.
Md. Code, Transportation § 15-205 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: reserved

(a) After the Administration notifies a manufacturer or distributor of new motor vehicles of the approval of an application for a license and before the Administration issues a license, the manufacturer or distributor shall file with the Administration a surety bond in the form and with the surety that the Administration approves.

(b) (1) The amount of the surety bond shall be based on the number of new motor vehicles transferred by the manufacturer or distributor to dealers in this State during the preceding license year, according to the following schedule:

(i) 1 to 50 vehicles – $25,000 surety bond;

(ii) 51 to 500 vehicles – $50,000 surety bond;

(iii) 501 to 10,000 vehicles – $100,000 surety bond; and

(iv) Over 10,000 vehicles – $300,000 surety bond.

(2) Each bond shall remain continuously in the amounts specified in this subsection.

(3) A manufacturer or distributor need file only one bond, regardless of the number of makes of motor vehicles manufactured or distributed.

(4) A manufacturer of truck component parts shall file a bond in the amount of $25,000.
Md. Code, Estates and Trusts § 15-210 — MD Code / Article get / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

The Maryland Uniform Fiduciaries Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which adopt it.
Md. Code, Estates and Trusts § 15-615 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-615
§15–615.
Status: in_force

(a) (1) No later than 60 days after receipt of the information required under §§ 15–606 through 15–613 of this subtitle, a custodian shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate an account.

(2) If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order directing compliance.

(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.

(c) A custodian may notify the user that a request for disclosure or termination of an account was made under this subtitle.

(d) A custodian may deny a request under this subtitle from a fiduciary or designated recipient for disclosure of digital assets or termination of an account if the custodian is aware of any lawful access to the account following receipt of the fiduciary’s request.

(e) This subtitle does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this subtitle to obtain a court order that:

(1) Specifies that an account belongs to the protected person or principal;

(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure or termination; and

(3) Contains a finding required by law other than this subtitle.

(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this subtitle.
Md. Code, Commercial Law § 15-802 — MD Code / Article gcl / Title 15 / Subtitle 8 / Section 15-802
§15–802.
Status: in_force

(a) When a check or other instrument has been dishonored by nonacceptance or nonpayment and has not been paid within 10 days, the holder to whom the check or other instrument was issued or negotiated may send a notice of dishonor to the maker or drawer as provided under this section.

(b) If a check or other instrument has not been paid within 30 days after the holder has sent a notice of dishonor to the maker or drawer, the maker or drawer of a check or other instrument that has been dishonored shall be liable for:

(1) The amount of the check or instrument;

(2) A collection fee of up to $35; and

(3) An amount up to 2 times the amount of the check, but not more than $1,000.

(c) (1) (i) The holder of a check or other instrument that has been dishonored may seek the damages provided under this section in the District Court of Maryland 30 days after a notice of dishonor has been sent by mail to the last known address of the maker or drawer.

(ii) For each notice sent by the holder under subparagraph (i) of this paragraph, the holder shall:

1. Obtain a certificate of mailing from the U.S. Postal Service; or

2. Execute an affidavit that attests to the mailing of the notice in compliance with subparagraph (i) of this paragraph.

(2) A notice of dishonor sent by a holder under this section to a maker or drawer of a dishonored check or other instrument shall substantially comply with the form prescribed in § 15-803 of this subtitle.

(d) A holder may not recover any damages under subsection (b)(3) of this section if:

(1) The holder has demanded of, and received from, the maker or drawer:

(i) Collection costs in excess of the collection fee provided under subsection (b)(2) of this section; or

(ii) Collection costs within 30 days after the mailing of the notice of dishonor, under subsection (c) of this section; or

(2) The dishonored check or other instrument provides for the payment of collection costs in the event of dishonor.

(e) (1) It shall be a complete defense to any action brought under this section by any holder of a dishonored check or other instrument that, within 30 days from the mailing of the notice of dishonor, the maker or drawer has paid to the holder the full amount of the check or other instrument and collection costs of not more than $35.

(2) It shall be a complete defense to any action brought under this section by a holder to whom a dishonored check or other instrument was issued that the dishonor of the check or other instrument was due to a justifiable stop payment order or to the attachment of the account.

(3) In any action brought under this section by a holder or holder in due course to whom a dishonored check or other instrument was negotiated, the action is subject to all valid defenses that may be raised by the maker or drawer against the holder or holder in due course under Title 3 of this article.
Md. Code, Transportation § 15-203 — MD Code / Article gtr / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

(a) In addition to the information required under Subtitle 1 of this title, each application for a license shall include:

(1) The address of the principal place of business of the applicant;

(2) The address of each place from which the applicant will make substantial contacts with dealers in this State; and

(3) The nature of the business to be conducted at each address.

(b) Each applicant for a license shall submit as part of the application:

(1) A copy of each form of any new vehicle warranty currently given or offered by the applicant;

(2) A copy of each form of franchise and any other contract with dealers used by the applicant, together with a list of dealers in this State who hold a franchise from the applicant;

(3) A copy of the vehicle preparation and delivery obligations of its dealers; and

(4) A statement of the compensation the applicant agrees to pay a dealer for parts supplied and work done by the dealer under:

(i) The preparation and delivery obligations referred to in item (3) of this subsection; or

(ii) Any outstanding express or implied new vehicle warranty.
Md. Code, Insurance § 15-1903 — MD Code / Article gin / Title 15 / Subtitle 19 / Section 15-1903
§15–1903.
Status: in_force

Notwithstanding any other provision of this article or the Health – General Article, a carrier shall share medical information about a qualifying individual with a clinically integrated organization and its members if:

(1) the carrier has a written agreement with the clinically integrated organization specifying the type and proposed use of medical information to be shared;

(2) the medical information is used by the clinically integrated organization to:

(i) promote the efficient, medically appropriate delivery of covered medical services to qualifying individuals;

(ii) coordinate care, including efforts to coordinate, plan, develop, monitor, share information related to, and otherwise initiate a treatment plan for a qualifying individual;

(iii) perform the functions of a medical review committee as described in § 1–401(c) of the Health Occupations Article; or

(iv) offer or provide covered medical services or seek payment for or evaluate covered medical services provided by the members of the clinically integrated organization; and

(3) the clinically integrated organization or the carrier implements procedures for disclosing to qualifying individuals how the clinically integrated organization and the carrier share medical information to deliver more coordinated, higher quality care.
Md. Code, State Finance and Procurement § 15-223 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-223
§15–223.
Status: in_force

(a) (1) A decision of the Appeals Board is subject to judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) Any party to an Appeals Board decision, including a unit, may appeal a final decision of the Appeals Board to a court of competent jurisdiction.

(b) When a decision about a protest or contract claim has become final and is no longer subject to judicial review, the determination shall be enforceable in the appropriate court.
Md. Code, Estates and Trusts § 15-305 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-305
§15–305.
Status: in_force

(a) (1) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim.

(2) A corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner, and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer.

(3) Nothing in this subtitle relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection (b) of this section.

(b) (1) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by the claimant.

(2) If a corporation or transfer agent mails a notice as authorized under paragraph (1) of this subsection, the corporation or transfer agent shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.
Md. Code, Insurance § 15-908 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-908
§15–908.
Status: in_force

The Commissioner shall approve Medicare supplement policies that include benefits in addition to the minimum benefits listed in § 15-906(a) of this subtitle if the Medicare supplement policies and benefits:

(1) conform with the federal Omnibus Budget Reconciliation Act of 1990 and the Medicare Supplement Insurance Minimum Standards Model Act and any regulations under the Model Act adopted by the National Association of Insurance Commissioners; and

(2) comply with the applicable provisions of this article.
Md. Code, Alcoholic Beverages and Cannabis § 15-902 — MD Code / Article gab / Title 15 / Subtitle 9 / Section 15-902
§15–902.
Status: in_force

(a) There is:

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

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

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

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

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

(3) contains:

(i) at least one passenger elevator;

(ii) at least 100 rooms for the accommodation of the public; and

(iii) a dining room with facilities for preparing and serving regular meals for at least 125 individuals at one seating.

(c) Each license authorizes the license holder to sell beer, wine, and liquor by the drink at a hotel or restaurant as defined by the Board at the place described in the license for on–premises consumption.

(d) The annual license fee is:

(1) $1,000 for a 6–day license; and

(2) $1,250 for a 7–day license.
Md. Code, Health - General § 15-151 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-151
§15–151.
Status: in_force

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

(2) (i) “Gender–affirming treatment” means any medically necessary treatment consistent with current clinical standards of care prescribed by a licensed health care provider for the treatment of a condition related to the individual’s gender identity.

(ii) “Gender–affirming treatment” includes:

1. Hormone therapy, hormone blockers, and puberty blockers;

2. Hair alteration for the purposes of altering secondary sex characteristics and surgical site preparation;

3. Alterations to voice, voice therapy, and voice lessons;

4. Alterations to abdomen, chest, trunk, and buttocks;

5. Alterations to the face and neck;

6. Alterations to the genitals and gonads;

7. Laser treatment for scars from gender–affirming treatment;

8. Standard fertility preservation procedures, as set forth in § 15–810.1 of the Insurance Article;

9. Revisions to previous treatments and reversal of treatments;

10. Combinations of gender–affirming procedures; and

11. Other treatments as prescribed to suppress the development of endogenous secondary sex characteristics, align the individual’s appearance or physical body with gender identity, and alleviate symptoms of clinically significant distress resulting from gender dysphoria.

(iii) “Gender–affirming treatment” may include treatment described in the current clinical standards of care for gender–affirming treatment published by the World Professional Association for Transgender Health.

(3) “Gender identity” has the meaning stated in § 20–101 of the State Government Article.

(b) It is the intent of the General Assembly that the Program provide gender–affirming treatment to all Program recipients for whom gender–affirming treatment is medically necessary, including transgender, nonbinary, intersex, two–spirit, and other gender diverse individuals.

(c) (1) The Program shall provide coverage for medically necessary gender–affirming treatment in a nondiscriminatory manner.

(2) The gender–affirming treatment shall be assessed according to nondiscriminatory criteria that are consistent with current clinical standards of care.

(3) The Program may not deny or limit coverage for gender–affirming treatment when that treatment is:

(i) Prescribed to a Program recipient because of, related to, or consistent with the recipient’s gender identity;

(ii) Medically necessary; and

(iii) Prescribed in accordance with current clinical standards of care.

(4) The Program may not deny or limit coverage for gender–affirming treatment based on the Program recipient’s gender identity.

(5) The Program may not exclude gender–affirming treatment, including revisions to prior gender–affirming treatment, on the basis that the treatment is a cosmetic service.

(6) The Program may not establish a categorical exclusion for a particular gender–affirming treatment.

(7) The Program may not issue an adverse benefit determination denying or limiting access to gender–affirming treatment unless a health care provider with experience prescribing or delivering gender–affirming treatment has reviewed and confirmed the appropriateness of the adverse benefit determination.

(d) (1) On or before December 1 each year, beginning in 2024, each managed care organization shall submit to the Department a report that includes, for each health care provider offering gender–affirming treatment with which the managed care organization has an active contract and that consents to the inclusion:

(i) The name and location of the health care provider;

(ii) The types of gender–affirming treatment provided by the health care provider; and

(iii) Whether the health care provider consents to being publicly listed as part of the Department’s annual report required under paragraph (2) of this subsection.

(2) (i) On or before January 1 each year, beginning in 2025, the Department shall compile an annual report on geographic access to gender–affirming treatment across the State.

(ii) The report shall include, for each health care provider offering gender–affirming treatment to Program recipients and whose consent to the inclusion is indicated in a report submitted under paragraph (1) of this subsection:

1. The name and location of the health care provider;

2. The managed care organizations that have active contracts with the health care provider; and

3. The types of gender–affirming treatment provided by the health care provider.

(iii) The Department shall publish the report in a conspicuous manner on the Department’s website.

(3) The Department and each managed care organization shall include the name, location, and types of services for each provider offering gender–affirming treatment in their provider directories.
Md. Code, Transportation § 15-506 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-506
§15–506.
Status: in_force

A license issued under this subtitle authorizes the licensee to conduct the business of an automotive dismantler and recycler or scrap processor, as the case may be, during the license year for which it is issued.
Md. Code, Election Law § 15-107 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

(a) (1) In accordance with subsection (c) of this section and regulations adopted by the State Board, the State Board shall authorize distribution of money in the Fund on a continuing basis on certification that the qualifications under § 15–104 of this title have been met.

(2) Distributions shall begin not earlier than January 1 of the year of the election.

(b) If the State Board determines that there is not, or may not be, sufficient money in the Fund to provide a full public contribution to all eligible gubernatorial tickets, the State Board shall allocate the available money so that each eligible gubernatorial ticket in that election receives a proportionate share of the full public contribution to which the gubernatorial ticket otherwise would be entitled.

(c) (1) The State Board shall authorize distribution of the money that is designated for distribution as provided in this subsection.

(2) The State Board shall distribute a public contribution from the Fund to each gubernatorial ticket during the distribution period in matching dollars equal to:

(i) $8 for each dollar of an eligible private contribution received for the first $50 of each eligible private contribution;

(ii) $6 for each dollar of an eligible private contribution received for the second $50 of each eligible private contribution;

(iii) $2 for each dollar of an eligible private contribution received for the third $50 of each eligible private contribution; and

(iv) $0 for each dollar of an eligible private contribution received for the remaining $100 of each eligible private contribution.

(3) The total public contribution payable to a gubernatorial ticket for either a primary or general election may not exceed $3,000,000.

(4) The State Board may not distribute matching dollars from the Fund to a gubernatorial ticket for:

(i) a contribution or loans from the gubernatorial ticket or the spouse of a member of the gubernatorial ticket; or

(ii) an in–kind contribution of property, goods, or services.

(5) A gubernatorial ticket that is unopposed in a primary election shall receive one–third of the public contribution amount the gubernatorial ticket would otherwise be entitled to receive.
Md. Code, Health Occupations § 15-307 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-307
§15–307.
Status: in_force

(a) (1) Unless a license is renewed for an additional term as provided in this section, the license expires on the date set by the Board.

(2) The term of a license issued by the Board may not exceed 3 years.

(b) At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail to the last known address of the licensee, a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) Is otherwise entitled to be issued a license;

(2) Pays to the Board the renewal fee, set by the Board;

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with the continuing education requirements for license renewal set by the Board under this section; and

(4) Meets any additional requirements set by the Board for renewal of a license.

(d) In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition for the renewal of licenses under this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.

(f) For the failure of a licensee to obtain continuing medical education credits as required by the Board, a disciplinary panel may impose a civil penalty not to exceed $100 for each medical education credit not obtained by the licensee.

(g) (1) Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this article for:

(i) Renewal applicants as determined by regulations adopted by the Board; and

(ii) Each former licensee who files for reinstatement under this title.

(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this article, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.

(3) The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this article.
Md. Code, Health - General § 15-132.1 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-132.1
§15–132.
Status: in_force

§15–132.1.

(a) In this section, “self-employed provider” means an individual who:

(1) Provides health care services as an attendant, personal care aide, personal care provider, or respite care worker to Program recipients participating in:

(i) The Home- and Community-Based Services Waiver for Older Adults Program; or

(ii) The Medical Assistance Personal Care Program; and

(2) Is not employed by an agency.

(b) To the extent allowed under federal law, the Department shall provide voluntary withholding of federal income taxes under the Internal Revenue Code and State income taxes under Title 10 of the Tax - General Article for self-employed providers.

(c) Nothing in this section shall be construed to alter a self-employed provider’s contractual relationship with the Department or to confer to the self-employed provider any status of employment or benefits commensurate with that status.
Md. Code, Insurance § 15-1409 — MD Code / Article gin / Title 15 / Subtitle 14 / Section 15-1409
§15–1409.
Status: in_force

(a) In this section, “product” means a discrete package of health benefits that are offered using a particular product network type within a geographic service area.

(b) A carrier that elects not to renew all of a particular product in the State shall:

(1) provide notice of the nonrenewal at least 90 days before the date of the nonrenewal to each affected:

(i) policyholder;

(ii) plan sponsor;

(iii) participant; and

(iv) beneficiary;

(2) offer to each affected plan sponsor the option to purchase any other health insurance coverage currently being offered by the carrier; and

(3) act uniformly without regard to the claims experience of any affected plan sponsor, or any health status–related factor of any affected individual.

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

(d) When a carrier elects not to renew all group 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; and

(3) may not write new business for groups in the State for a 5–year period beginning on the date of notice to the Commissioner.

(e) 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.

(f) A carrier may make a uniform modification of coverage for a product only at the time of renewal of a health benefit plan.

(g) A carrier will not be considered to have elected not to renew all group health benefit plans in the State if the carrier complies with 45 C.F.R. § 147.106(d)(3).
Md. Code, Business Occupations and Professions § 15-320 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-320
§15–320.
Status: in_force

(a) Subject to any regulation that the Board adopts, it may reinstate a license that has been revoked.

(b) A license may be reinstated under this section only on:

(1) the affirmative vote of a majority of the members of the Board then serving; and

(2) payment to the Board of a reinstatement fee set by the Board.
Md. Code, Transportation § 15-305.1 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-305.1
§15–305.
Status: in_force

§15–305.1.

(a) A wholesale dealer who is licensed by the Administration under this subtitle:

(1) May buy a vehicle from another dealer, at an auto auction, or from a retail seller;

(2) May sell a vehicle to or exchange vehicles with another dealer;

(3) Except as provided in item (4) of this subsection, may sell a vehicle or exchange vehicles at an auto auction;

(4) May not sell a vehicle to or exchange vehicles with a retail buyer; and

(5) May not buy, sell, or exchange new vehicles.

(b) A wholesale dealer shall keep a record of the following:

(1) The year, make, model, and identification number of a vehicle that is bought, sold, or exchanged;

(2) The date that a vehicle is bought, sold, or exchanged;

(3) The amount for which a vehicle is bought or sold;

(4) The name, address, and license number of the other person with whom the wholesale dealer conducts a purchase, sale, or exchange;

(5) The odometer mileage statement for a vehicle that is required under the federal Motor Vehicle Information and Cost Act; and

(6) Each invoice, bill of sale, and other pertinent document and record in the form required by the Administration.
Md. Code, Insurance § 15-205 — MD Code / Article gin / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

(a) A policy of a foreign insurer or alien insurer that is delivered or issued for delivery in the State may contain a provision that:

(1) is not less favorable to the insured or beneficiary than the provisions of this subtitle; and

(2) is required by the law of the state or country under which the foreign insurer or alien insurer is organized.

(b) A policy of a domestic insurer that is issued for delivery in another state or country may contain a provision that is allowed or required by the laws of the other state or country.
Md. Code, Transportation § 15-605 — MD Code / Article gtr / Title 15 / Subtitle 6 / Section 15-605
§15–605.
Status: in_force

A license issued under this subtitle authorizes the licensee to conduct the business of a title service agent during the license year for which it is issued.
Md. Code, Business Occupations and Professions § 15-405 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

(a) Subject to subsection (b) of this section and while a permit is in effect, it:

(1) authorizes the holder to:

(i) operate a business through which land surveying is practiced; and

(ii) represent to the public that the holder provides the services of a professional land surveyor; or

(2) authorizes the holder to:

(i) operate a business through which property line surveying is practiced; and

(ii) represent to the public that the holder provides the services of a licensed property line surveyor.

(b) A permit authorizes the holder to provide a service that constitutes practicing land surveying or property line surveying only if the service is performed by an individual who is licensed or otherwise authorized under this title to practice.
Md. Code, Election Law § 15-112 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-112
§15–112.
Status: in_force

A person who violates this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both for each violation.
Md. Code, Health - General § 15-906 — MD Code / Article ghg / Title 15 / Subtitle 9 / Section 15-906
§15–906.
Status: in_force

(a) A provider organization may not call or direct a strike or other collective cessation of the delivery of services.

(b) This subtitle may not be construed to grant any right, or imply that independent home care providers have any right, to engage in a strike or other collective cessation of the delivery of services.
Md. Code, State Finance and Procurement § 15-210 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-210
§15–210.
Status: in_force

In accordance with Title 10, Subtitle 1 of the State Government Article, the Appeals Board shall adopt regulations that provide for informal, expeditious, and inexpensive resolution of appeals before the Appeals Board.
Md. Code, Land Use § 15-505 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-505
§15–505.
Status: in_force

(a) (1) The Inspector General shall coordinate with the Audit Committee to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.

(2) In developing the work plan, the Inspector General shall take into consideration requests from the planning boards, commissioners, Commission officers, managers, and employees, elected officials, and members of the public.

(3) The Inspector General shall make the written work plan available to the public, subject to the Public Information Act.

(b) In performing the duties authorized under this subtitle, the Inspector General shall coordinate with the park police or other law enforcement agency, agency personnel administrators, the State Ethics Commission, and other internal officials or external entities as appropriate to avoid unnecessary disruption or duplication of effort in conducting any audit, analysis, or administrative investigation.
Md. Code, Insurance § 15-1628.3 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1628.3
§15–1628.
Status: in_force

§15–1628.3.

(a) A pharmacy benefits manager or a carrier may not directly or indirectly charge a contracted pharmacy, or hold a contracted pharmacy responsible for, a fee or performance–based reimbursement related to the adjudication of a claim or an incentive program.

(b) A pharmacy benefits manager or carrier may not make or allow any reduction in payment for pharmacy services by a pharmacy benefits manager or carrier or directly or indirectly reduce a payment for a pharmacy service under a reconciliation process to an effective rate of reimbursement, including generic effective rates, brand effective rates, direct and indirect remuneration fees, or any other reduction or aggregate reduction of payments.
Md. Code, Election Law § 15-104 — MD Code / Article gel / Title 15 / Subtitle 1 / Section 15-104
§15–104.
Status: in_force

(a) Before receiving a private contribution, a gubernatorial ticket shall:

(1) on or before the deadline to file a certificate of candidacy under § 13–303 of this article, file with the State Board a notice of intent to participate as a publicly financed candidate for both the primary and general elections; and

(2) establish a campaign finance entity for complying with the requirements of this title.

(b) (1) A campaign finance entity established under subsection (a)(2) of this section may accept only:

(i) a private contribution;

(ii) an eligible private contribution;

(iii) a public contribution; and

(iv) subject to paragraph (2) of this subsection, a contribution or loan from a member of a gubernatorial ticket or the spouse of a member of the gubernatorial ticket.

(2) A member of a gubernatorial ticket or the spouse of a member of a gubernatorial ticket may not make a contribution of or lend a combined total of more than $50,000 to the campaign of the gubernatorial ticket.

(c) To qualify as an eligible gubernatorial ticket, a gubernatorial ticket shall collect within the qualifying period at least:

(1) 1,500 eligible private contributions; and

(2) an aggregate total of $120,000.
Md. Code, Criminal Procedure § 15-203 — MD Code / Article gcp / Title 15 / Subtitle 2 / Section 15-203
§15–203.
Status: in_force

The Council shall designate from among its members a chair and vice chair who:

(1) shall serve for a term of 2 years; and

(2) are eligible for reelection.
Md. Code, Transportation § 15-507 — MD Code / Article gtr / Title 15 / Subtitle 5 / Section 15-507
§15–507.
Status: in_force

(a) Except as provided in subsection (c) of this section, any person who transfers a vehicle to an automotive dismantler and recycler or scrap processor shall execute an assignment and warranty of title on:

(1) The certificate of title issued for the vehicle by this State or any other state; or

(2) Any other documentary evidence of ownership acceptable to the Administration.

(b) Except as provided in subsection (c) of this section, any person who transfers a vehicle to an automotive dismantler and recycler or scrap processor shall deliver the certificate of title or other documentary evidence of ownership to the automotive dismantler and recycler or scrap processor at the time of the transfer.

(c) If a person holds an assigned certificate of title or any other documentary evidence of ownership acceptable to the Administration, the person:

(1) May transfer the vehicle to an automotive dismantler and recycler or scrap processor by endorsing a reassignment and warranty of title on the forms that the Administration requires; and

(2) Need not obtain a certificate of title in the person’s own name.
Md. Code, Commercial Law § 15-804 — MD Code / Article gcl / Title 15 / Subtitle 8 / Section 15-804
§15–804.
Status: in_force

(a) Notwithstanding any other provisions of this article, §§ 15-802 and 15-803 of this subtitle do not apply to any check:

(1) Tendered by a maker or drawer in complete or partial satisfaction of a preexisting credit or loan obligation incurred by the maker or drawer under Title 12 of this article; or

(2) That is not a bad check as described under § 8-103 of the Criminal Law Article.

(b) Notwithstanding any other provision of this article, §§ 15-802 and 15-803 of this subtitle shall be construed to grant any holder to whom the check or other instrument was issued or negotiated a right of recourse which is alternative to any other right of recourse granted to that holder under Title 3 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 15-1703 — MD Code / Article gab / Title 15 / Subtitle 17 / Section 15-1703
§15–1703.
Status: in_force

An applicant for a transfer of a license is subject to a State and national criminal history records check under § 4–107 of this article.
Md. Code, Insurance § 15-806 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-806
§15–806.
Status: in_force

A nonprofit health service plan that provides pharmaceutical services shall allow a subscriber, member, or beneficiary to fill prescriptions at the pharmacy of the subscriber’s, member’s, or beneficiary’s choice.
Md. Code, Transportation § 15-309 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

A license issued under this subtitle authorizes the licensed dealer to conduct the business of a dealer in the types of vehicles specified in it during the license year for which it is issued.
Md. Code, Alcoholic Beverages and Cannabis § 15-2601 — MD Code / Article gab / Title 15 / Subtitle 26 / Section 15-2601
§15–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–204 (“Power to summon witnesses”);

(4) § 6–205 (“Peace officers”);

(5) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(6) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(7) § 6–208 (“Regulating possession or consumption of alcohol in public places”);

(8) § 6–209 (“Adoption of standards for authorization of consumption”); and

(9) § 6–211 (“Fines and forfeitures”).

(b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county and is superseded by § 15–2602 of this subtitle.
Md. Code, Education § 15-126 — MD Code / Article ged / Title 15 / Subtitle 1 / Section 15-126
§15–126.
Status: in_force

(a) This section applies if, after empirical review, the State Board determines that the college and career readiness assessment required under § 7–205.1 of this article aligns with global standards.

(b) Notwithstanding any other provision of law, each community college and other open–enrollment public institution of higher education shall accept for enrollment in credit–bearing courses any individual who has achieved college and career readiness according to the standard adopted by the State Board under § 7–205.1 of this article.
Md. Code, Estates and Trusts § 15-609 — MD Code / Article get / Title 15 / Subtitle 6 / Section 15-609
§15–609.
Status: in_force

Unless otherwise ordered by a court, directed by a principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent provides the custodian:

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

(2) An original or copy of the power of attorney that grants the agent specific authority over digital assets or general authority to act on behalf of the principal;

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

(4) If requested by the custodian:

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

(ii) Evidence linking the account to the principal.
Md. Code, Insurance § 15-2002 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2002
§15–2002.
Status: in_force

(a) On or after July 1, 2021, a pharmacy services administrative organization shall register with the Commissioner as a pharmacy services administrative organization before providing services as a pharmacy services administrative organization in the State to independent pharmacies.

(b) An applicant for registration shall:

(1) file with the Commissioner an application on the form that the Commissioner provides; and

(2) pay to the Commissioner a registration fee set by the Commissioner.
Md. Code, Insurance § 15-707 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-707
§15–707.
Status: in_force

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

(1) (i) is delivered or issued for delivery 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; and

(2) is issued, renewed, amended, or reissued on or after January 1, 1978.

(b) If a policy or certificate subject to this section provides for reimbursement for a service that is within the lawful scope of practice of a licensed certified social worker, the insured or any other person covered by the policy or certificate is entitled to reimbursement for the service regardless of whether the service is performed by a physician or licensed certified social worker-clinical.
Md. Code, Estates and Trusts § 15-405 — MD Code / Article get / Title 15 / Subtitle 4 / Section 15-405
§15–405.
Status: in_force

(a) (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund.

(2) A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(b) (1) If written consent of the donor cannot be obtained by reason of the death, disability, unavailability, or impossibility of identification of the donor, a court of competent jurisdiction, on application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become obsolete, inappropriate, or impracticable, or if, because of circumstances not anticipated by the donor, a modification of a restriction will clearly further the purposes of the fund.

(2) (i) The institution shall notify the Attorney General of the institution’s application under paragraph (1) of this subsection, and the Attorney General shall be given an opportunity to be heard.

(ii) To the extent practicable, any modification made under paragraph (1) of this subsection must be made in accordance with the donor’s probable intention.

(c) (1) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, or impossible to achieve and written consent of the donor cannot be obtained by reason of the death, disability, unavailability, or impossibility of identification of the donor, a court of competent jurisdiction, on application of an institution, may modify the purpose of the fund or the restriction on the use of the fund if the donor manifested a general charitable intent.

(2) The institution shall notify the Attorney General of the institution’s application under paragraph (1) of this subsection, and the Attorney General shall be given an opportunity to be heard.

(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, or impossible to achieve, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or in part, if:

(1) The institutional fund subject to the restriction has a total value of less than $50,000;

(2) More than 20 years have elapsed since the fund was established; and

(3) The institution uses the property in a manner clearly consistent with the charitable purposes expressed in the gift instrument.
Md. Code, Insurance § 15-10A-04 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-04
§15–10A–04.
Status: in_force

(a) The Commissioner shall:

(1) notwithstanding the provisions of § 15–10A–03(c)(1)(ii) of this subtitle, for the purpose of making final decisions on complaints, prioritize complaints regarding pending health care services over complaints regarding health care services already delivered;

(2) make and issue in writing a final decision on all complaints filed with the Commissioner under this subtitle that are within the Commissioner’s jurisdiction; and

(3) provide notice in writing to all parties to a complaint of the available remedy to the party described under subsection (e) of this section and the time period for requesting the remedy.

(b) (1) For emergency cases, the Commissioner shall send written notification of the Commissioner’s final decision within 1 working day after the Commissioner or the Commissioner’s designee has informed the member or a health care provider who filed the complaint on behalf of the member of the final decision through an oral communication.

(2) The Commissioner shall include in the notice the information required under subsection (a)(3) of this section.

(c) (1) It is a violation of this subtitle for a carrier to fail to fulfill the carrier’s obligations to provide or reimburse for health care services specified in the carrier’s policies or contracts with members.

(2) If, in rendering an adverse decision or grievance decision, a carrier fails to fulfill the carrier’s obligations to provide or reimburse for health care services specified in the carrier’s policies or contracts with members, the Commissioner may:

(i) issue an administrative order that requires the carrier to:

1. cease inappropriate conduct or practices by the carrier or any of the personnel employed or associated with the carrier;

2. fulfill the carrier’s contractual obligations;

3. provide a health care service or payment that has been denied improperly; or

4. take appropriate steps to restore the carrier’s ability to provide a health care service or payment that is provided under a contract; or

(ii) impose any penalty or fine or take any action as authorized:

1. for an insurer, nonprofit health service plan, or dental plan organization, under this article; or

2. for a health maintenance organization, under the Health – General Article or under this article.

(3) In addition to paragraph (1) of this subsection, it is a violation of this subtitle, if the Commissioner, in consultation with an independent review organization, medical expert, the Department, or other appropriate entity, determines that the criteria and standards used by a health maintenance organization to conduct utilization review are not in accordance with § 15–10B–05 of this title.

(d) The Commissioner may refer complaints not within the Commissioner’s jurisdiction to the Health Advocacy Unit or any other appropriate federal or State government agency or unit for disposition or resolution.

(e) (1) A final decision of the Commissioner made on a complaint under this subtitle:

(i) is not subject to a request for a hearing under this subtitle for a carrier; and

(ii) is subject to a right to file a petition for judicial review under § 2–215 of this article for a carrier or a member.

(2) Unless prohibited under federal law, a member may request a hearing to be held in accordance with § 2–210 of this article of a final decision of the Commissioner made on a complaint under this subtitle.
Md. Code, Environment § 15-812 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-812
§15–812.
Status: in_force

(a) The General Assembly finds that in certain regions of the State dewatering of surface mines located in karst terrain may significantly interfere with water supply wells and may cause in some instances sudden subsidence of land, known as sinkholes. Dewatering in karst terrain may result in property damage to landowners in a definable zone of dewatering influence around a surface mine.

(b) It is the intent of the General Assembly to protect affected property owners in Baltimore, Carroll, Frederick, and Washington counties where karst terrain is found by directing the Department to establish zones of dewatering influence around surface mines in karst terrain and to administer a program requiring permittees to mitigate or compensate affected property owners in these counties.
Md. Code, Insurance § 15-1A-02 — MD Code / Article gin / Title 15 / Subtitle 1A / Section 15-1A-02
§15–1A–02.
Status: in_force

(a) The Commissioner may enforce:

(1) the provisions of this subtitle; and

(2) notwithstanding any other provisions of law, the following provisions of Title 1, Subtitles A, C, and D of the Affordable Care Act as they apply to individual health insurance coverage and health insurance coverage offered in the small group and large group markets as those terms are defined in the federal Public Health Service Act, issued or delivered in the State by an authorized insurer, nonprofit health service plan, or health maintenance organization:

(i) coverage of children up to the age of 26 years;

(ii) preexisting condition exclusions;

(iii) policy rescissions;

(iv) bona fide wellness programs;

(v) lifetime limits;

(vi) annual limits for essential benefits;

(vii) waiting periods;

(viii) designation of primary care providers;

(ix) access to obstetrical and gynecological services;

(x) emergency services;

(xi) summary of benefits and coverage explanation;

(xii) minimum loss ratio requirements and premium rebates;

(xiii) disclosure of information;

(xiv) annual limitations on cost–sharing;

(xv) child–only plan offerings in the individual market;

(xvi) minimum benefit requirements for catastrophic plans;

(xvii) health insurance premium rates;

(xviii) coverage for individuals participating in approved clinical trials;

(xix) contract requirements for stand–alone dental plans sold on the Maryland Health Benefit Exchange;

(xx) guaranteed availability of coverage;

(xxi) prescription drug benefit requirements; and

(xxii) preventive and wellness services and chronic disease management.

(b) The Commissioner may enforce the provisions identified under subsection (a) of this section under any applicable powers granted to the Commissioner under this article.
Md. Code, Environment § 15-1201 — MD Code / Article gen / Title 15 / Subtitle 12 / Section 15-1201
§15–1201.
Status: in_force

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

(b) “Mineral” includes:

(1) Gas;

(2) Oil and oil shale;

(3) Coal;

(4) Gaseous, liquid, and solid hydrocarbons;

(5) Cement materials, sand and gravel, road materials, and building stone;

(6) Chemical substances;

(7) Gemstone, metallic, fissionable, and nonfissionable ores; and

(8) Colloidal and other clay, steam, and geothermal resources.

(c) “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold, or lien in minerals, regardless of character.

(d) “Severed mineral interest” means a mineral interest that is severed from the interest in the surface estate overlying the mineral interest.

(e) “Surface estate” means an interest in the estate overlying a mineral interest.

(f) (1) “Surface owner” means any person vested with a whole or undivided fee simple interest or other freehold interest in the surface estate.

(2) “Surface owner” does not include the owner of a right–of–way, easement, or leasehold on the surface estate.

(g) (1) “Unknown or missing owner” means any person vested with a severed mineral interest whose present identity or location cannot be determined:

(i) From the records of the county where the severed mineral interest is located; or

(ii) By diligent inquiry in the vicinity of the owner’s last known place of residence.

(2) “Unknown or missing owner” includes the heirs, successors, or assignees of an unknown or missing owner.
Md. Code, Insurance § 15-2017 — MD Code / Article gin / Title 15 / Subtitle 20 / Section 15-2017
§15–2017.
Status: in_force

(a) All disclosures made under this subtitle shall comply with the privacy standards established in federal and State law.

(b) A contract or amendment to a contract submitted to the Commissioner as required by this subtitle:

(1) is considered to be confidential and proprietary information; and

(2) is not subject to disclosure under the Public Information Act.
Md. Code, Insurance § 15-106 — MD Code / Article gin / Title 15 / Subtitle 1 / Section 15-106
§15–106.
Status: in_force

(a) (1) An insurer under a contract that provides an individual with home medical equipment pursuant to an individual, group, or blanket health insurance policy or certificate that is delivered or issued for delivery in the State and that provides benefits on an expense-incurred basis:

(i) shall pay the home medical equipment provider directly if the insured has executed an assignment of benefits; and

(ii) subject to the copayment and deductible provisions in the insurance contract, may not require the home medical equipment provider to accept less than the agreed monthly rental amount for each month in which benefits are payable under the insurance contract.

(2) A nonprofit health service plan under a contract that provides a subscriber with home medical equipment pursuant to a health insurance policy or certificate that is delivered or issued for delivery in the State and that provides benefits on an expense-incurred basis:

(i) shall pay the home medical equipment provider directly if the contract, policy, or certificate of insurance provides for direct payment;

(ii) may pay the home medical equipment provider or the subscriber receiving the home medical equipment, if the contract, policy, or certificate of insurance does not require direct payment; and

(iii) may not require the home medical equipment provider to accept less than the agreed monthly rental amount for each month that use of the home medical equipment is authorized by the nonprofit health service plan.

(b) Authorization may not be terminated until both the provider and beneficiary of the home medical equipment have been notified that authorization is terminated.

(c) (1) Rented home medical equipment and services may be purchased with the consent of the provider and insurer if:

(i) on the insurer’s request either before the initial election to rent the equipment or on the insurer’s receipt of the initial claim from the provider, the purchase price and rental price of the equipment were disclosed to the insurer; and

(ii) there is no material change in the medical condition of the insured, as certified by the attending physician.

(2) Rented home medical equipment and services may be purchased with the consent of the provider and nonprofit health service plan in accordance with the benefits available under the applicable health insurance policy or certificate.
Md. Code, Health - General § 15-1203 — MD Code / Article ghg / Title 15 / Subtitle 12 / Section 15-1203
§15–1203.
Status: in_force

(a) The Advisory Group consists of:

(1) The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee;

(2) The Secretary of Labor, or the Secretary’s designee; and

(3) The following members appointed by the Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee:

(i) Three consumers;

(ii) Two representatives of consumer organizations;

(iii) Three direct care workers;

(iv) Two representatives of worker organizations; and

(v) Three representatives of provider associations, of whom:

1. Two shall be representatives of a residential service agency; and

2. One shall be a representative of an employer trade association.

(b) To the extent practicable, the members appointed to the Advisory Group shall reflect the diversity of lived experience with disability, as well as the geographic, racial, ethnic, cultural, gender, sexual orientation, gender identity, gender expression, age, and socioeconomic diversity of the State.

(c) (1) The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee, shall establish an application process that is accessible to the general public for the recruitment of members.

(2) The application and criteria for selection shall be published on the Department’s website.

(d) (1) The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee, shall chair the Advisory Group.

(2) The Department shall provide staff and support for the Advisory Group, including appropriate logistical and informational support to ensure meaningful participation of direct care workers and consumers in the Advisory Group.

(e) The Secretary may remove or suspend a member of the Advisory Group for misconduct, incompetence, or neglect of duties after an opportunity for the member to be heard.

(f) A member of the Advisory Group:

(1) May not receive compensation as a member of the Advisory Group; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) (1) Beginning November 1, 2025, the Advisory Group shall meet annually.

(2) Meeting dates, times, and locations shall be selected to maximize member attendance.
Md. Code, Estates and Trusts § 15-308 — MD Code / Article get / Title 15 / Subtitle 3 / Section 15-308
§15–308.
Status: in_force

(a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.

(b) This subtitle applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this State in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this State the signature of a fiduciary in connection with such a transaction.
Md. Code, Health - General § 15-501 — MD Code / Article ghg / Title 15 / Subtitle 5 / Section 15-501
§15–501.
Status: in_force

(a) An individual who is eligible for medical assistance at the time of application for admission to a licensed nursing home or would become eligible within 6 months following admission shall be provided a comprehensive face–to–face evaluation prior to admission, at no charge to the individual. The Department, under the Maryland Medical Assistance Program, shall pay for the evaluation. The evaluation shall include an assessment of an individual’s health, social and functional status, and recommendations for available services that could appropriately substitute for nursing home care. The evaluation is advisory only and may not serve as the basis for any action, including denial or commencement of benefits, that restricts the freedom of any individual to select from among any of the available services, including nursing home care, for which the individual is found to be medically eligible. Prior to beginning the evaluation process and annually thereafter, the Department shall prepare and publish an inventory of available services for use in the evaluation and shall provide this information for assistance to the individual upon completion of the evaluation.

(b) The Department shall adopt rules and regulations to carry out the provisions of this section.

(c) This section may not be construed to require a hospital or physician to detain a patient for an evaluation beyond the appropriate date of discharge.
Md. Code, Insurance § 15-1004 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1004
§15–1004.
Status: in_force

(a) For services rendered by a person entitled to reimbursement under § 15–701(a) of this title or by a hospital, as defined in § 19–301 of the Health – General Article, an insurer, nonprofit health service plan, or health maintenance organization:

(1) shall accept the uniform claims form and any attachments approved or adopted by the Commissioner under § 15–1003 of this subtitle:

(i) as a properly filed claim with all necessary documentation; and

(ii) as the sole instrument for reimbursement; and

(2) may not impose as a condition of reimbursement a requirement to:

(i) modify the uniform claims form or its content; or

(ii) submit additional claims forms.

(b) (1) A uniform claims form submitted under this section shall be completed properly and may be submitted by electronic transfer.

(2) If the health care practitioner rendering the service is a certified registered nurse anesthetist or certified nurse midwife, the uniform claims form shall include identification modifiers for the certified registered nurse anesthetist or certified nurse midwife that indicate whether the service is provided with or without medical direction by a physician.

(c) In accordance with §§ 15–1003(d)(1)(ii) and 15–1005(c) of this subtitle, if the legitimacy or appropriateness of a health care service is disputed, an insurer, nonprofit health service plan, or health maintenance organization may request additional medical information that describes and summarizes the diagnosis, treatment, and services rendered to the insured.

(d) (1) Insurers, nonprofit health service plans, and health maintenance organizations shall provide and update, as appropriate, all contracting providers and any other provider on request, with a manual or other document that sets forth the claims filing procedures, including:

(i) the address where the claims should be sent for processing;

(ii) the telephone number at which providers’ questions and concerns regarding claims may be addressed;

(iii) the name, address, and telephone number of any entity to which the insurer, nonprofit health service plan, or health maintenance organization has delegated the claims payment function, if applicable; and

(iv) the address and telephone number of any separate claims processing center for specific types of applicable services.

(2) If an insurer, nonprofit health service plan, or health maintenance organization has delegated its claims processing function to a third party, the delegation agreement:

(i) shall require the claims processing entity to comply with the requirements of this subtitle; and

(ii) may not be construed to limit the responsibility of the insurer, nonprofit health service plan, or health maintenance organization to comply with the requirements of this subtitle.

(e) (1) If necessary to determine eligibility for benefits or to determine coverage, an insurer, nonprofit health service plan, or health maintenance organization may obtain additional information from its insured, member, or subscriber, the employer of the insured, member or subscriber, or any other nonprovider third party.

(2) If obtaining additional information results in a delay in paying a claim, the insurer, nonprofit health service plan, or health maintenance organization shall pay interest in accordance with the provisions of § 15–1005(g) of this subtitle.

(f) The Commissioner may impose a penalty not exceeding $5,000 on an insurer, nonprofit health service plan, or health maintenance organization that violates this section.
Md. Code, Transportation § 15-115 — MD Code / Article gtr / Title 15 / Subtitle 1 / Section 15-115
§15–115.
Status: in_force

(a) (1) A person issued a citation under § 15-113 or § 15-113.1 of this subtitle shall comply with a notice to appear contained in a citation or a trial notice issued by the District Court.

(2) A person may comply with the notice to appear by:

(i) Appearance in person or by counsel; or

(ii) Payment of the civil penalty as provided in the citation.

(b) A citation issued for a violation under § 15-113 or § 15-113.1 of this subtitle shall include:

(1) Information advising the person receiving the citation of the manner in which liability may be contested; and

(2) A warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation:

(i) Is an admission of liability and waiver of defenses; and

(ii) Results in an entry of a default judgment that may include a fine, court costs, and administrative expenses in favor of the Administration against the person named in the citation.

(c) (1) Subject to paragraph (2) of this subsection, the District Court:

(i) May enter a default judgment in favor of the Administration if a person fails to pay a fine or comply with a notice to appear; and

(ii) Shall mail notice of any default judgment to the person named in the citation.

(2) The default judgment shall take effect unless, by the end of the 15th day after the date that notice of the default judgment was mailed, the person named in the citation posts bond or a civil penalty deposit and requests a new date for a trial and the court has granted the motion.
Md. Code, Transportation § 15-312 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-312
§15–312.
Status: in_force

(a) A dealer or an agent or employee of a dealer may not permit any individual to road test a motor vehicle if he knows that the other individual does not have a license to drive of the appropriate class.

(b) A dealer or an agent or employee of a dealer may not make any material misrepresentation in obtaining a vehicle sales contract.

(c) A dealer or an agent or employee of a dealer may not commit any fraud in the execution of or any material alteration of a contract, power of attorney, or other document incident to a sales transaction.

(d) A dealer or an agent or employee of a dealer may not prepare or accept any promissory note or other evidence of indebtedness on a vehicle sales contract knowing that it requires the debtor to pay an amount greater than that agreed on in the written contract for the sale of the vehicle.

(e) A dealer or an agent or employee of a dealer may not willfully fail to perform, without justification, any vehicle sales contract.

(f) A dealer or an agent or employee of a dealer may not materially deviate from or disregard, without the consent of the buyer, any of the original terms of the contract.

(g) A dealer or an agent or employee of a dealer may not willfully fail to comply with the terms of a warranty or guarantee.

(h) A dealer or an agent or employee of a dealer may not rent a dealer registration plate issued by the Administration.

(i) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Business Occupations and Professions § 15-409 — MD Code / Article gbo / Title 15 / Subtitle 4 / Section 15-409
§15–409.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 15–408 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be:

(1) served personally on the applicant or on a person in responsible charge of land surveying or property line surveying practiced through the entity holding the permit or a person designated as a resident agent to receive process on behalf of the entity; or

(2) mailed to the last known business address of the entity holding the permit.

(d) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Criminal Procedure § 15-406 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-406
§15–406.
Status: in_force

(a) This section applies only in Caroline County.

(b) (1) The State’s Attorney’s salary is 85% of the salary of a judge of the District Court of Maryland.

(2) The State’s Attorney is entitled to reimbursement for expenses under the Standard State Travel Regulations.

(c) The State’s Attorney may not engage in the private practice of law.
Md. Code, Health - General § 15-103.8 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-103.8
§15–103.
Status: reserved

§15–103.8.

(a) Notwithstanding any other provision of law, the Department may not limit or restrict a Program recipient’s admission for inpatient care at a special psychiatric hospital or an acute general care hospital with separately identified inpatient psychiatric service unless the Department:

(1) Bases the limit or restriction on the medical necessity of the admission; and

(2) Establishes the limit or restriction through regulation.

(b) On or before July 1 each year, beginning in 2024, the Department shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on, for the immediately preceding fiscal year:

(1) The average length of stay for Program recipients for Serious Mental Illness Institute of Mental Disease services and for Substance Use Disorder Institute of Mental Disease services as reported to the Centers for Medicare and Medicaid Services;

(2) Any corrective action plans and any limits on days of stay required by the Centers for Medicare and Medicaid Services;

(3) Any federal funding withheld and any additional State funding required due to subsection (a) of this section;

(4) Data on the effect of subsection (a) of this section on the length of emergency department stays among Program recipients; and

(5) Data on whether Program recipients receiving Institute of Mental Disease services were transferred to another facility and the type of facility to which they were transferred.
Md. Code, Insurance § 15-1212 — MD Code / Article gin / Title 15 / Subtitle 12 / Section 15-1212
§15–1212.
Status: in_force

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

(2) “Plan” means, with respect to a product, the pairing of the health benefits under the product with a particular cost–sharing structure, provider network, and service area.

(3) (i) “Product” means a discrete package of health benefits that are offered using a particular product network type within a geographic service area.

(ii) “Product” comprises all plans offered within the product.

(4) “Uniform modification of coverage” means a change to a small employer’s health benefit plan that meets the criteria stated in 45 C.F.R. § 147.106(e).

(b) Changes in benefits made in accordance with federal or State requirements are not subject to the plus or minus 2 percentage points referenced in 45 C.F.R. § 147.106(e)(3)(v).

(c) The combination of all plans offered with a product constitutes the total service area of the product.

(d) (1) With respect to a plan that has been modified at the time of coverage renewal consistent with this section, the plan shall be considered to be the same plan if:

(i) 1. the plan has the same cost–sharing structure as before the modification; or

2. any variation in cost sharing:

A. is solely related to changes in cost or utilization of medical care; or

B. is to maintain the same metal level described in § 1302(d) and (e) of the Affordable Care Act;

(ii) the plan continues to cover a majority of the same service area; and

(iii) the plan continues to cover a majority of the same provider network.

(2) Notwithstanding paragraph (1) of this subsection, the plan shall be considered to be the same plan to the extent that the modifications are:

(i) made uniformly and solely as a result of a federal or State requirement;

(ii) made within a reasonable time period after the imposition or modification of the federal or State requirement; and

(iii) directly related to the imposition or modification of the federal or State requirement.

(e) (1) Except as provided in subsections (f), (g), and (h) of this section, a carrier shall renew a health benefit plan at the option of the small employer.

(2) On renewal, a carrier may not exclude eligible employees or dependents from a health benefit plan.

(3) (i) A carrier shall mail a notice of renewal to the small employer at least 60 days before the expiration of a health benefit plan.

(ii) The notice of renewal shall include the dates of the renewal period, the health benefit plan rates, and the terms of coverage under the health benefit plan.

(4) Policies or certificates for hospital or medical benefits issued through a professional employer organization, coemployer, or other organization under this subtitle may, with the consent of the carrier, have a common renewal date.

(f) A carrier may cancel or refuse to renew a health benefit plan only:

(1) for nonpayment of premiums;

(2) for fraud or intentional misrepresentation of material fact by the small employer;

(3) for noncompliance with a material plan provision relating to employer contributions or group participation rules;

(4) when the carrier elects not to renew:

(i) all of its health benefit plans that are issued to small employers in the State; or

(ii) the particular product for all small employers in the State; or

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

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

(1) shall give notice of its decision to the affected small employers and the insurance regulatory authority of each state in which an eligible employee or dependent resides at least 180 days before the effective date of nonrenewal;

(2) shall give notice to the Commissioner at least 30 working days before giving the notice specified in item (1) of this subsection; and

(3) may not write new business for small employers in the State for a period of 5 years beginning on the date of notice to the Commissioner.

(h) When a carrier elects not to renew a particular product for all small employers in the State, the carrier shall:

(1) provide notice of the nonrenewal at least 90 days before the date of the nonrenewal to:

(i) each affected:

1. small employer; and

2. enrolled employee; and

(ii) the Commissioner;

(2) offer to each affected small employer the option to purchase all other health benefit plans currently offered by the carrier in the small group market; and

(3) act uniformly without regard to the claims experience of any affected small employer, or any health status–related factor of any affected individual.

(i) (1) Within 7 days after cancellation or nonrenewal of a health benefit plan, the carrier shall send to each enrolled employee:

(i) written notice of its action; and

(ii) notice delivered by electronic means that complies with § 27–601.2 of this article.

(2) The notice required under paragraph (1) of this subsection shall include information on additional health benefit coverage options, including continuation of coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA), if available, and plans available through the Maryland Health Benefit Exchange.

(j) A carrier may make a uniform modification of coverage for a product only at the time of renewal of the health benefit plan.

(k) A carrier will not be considered to have elected not to renew all health benefit plans that are issued to small employers in the State if the carrier complies with 45 C.F.R. § 147.106(d)(3).
Md. Code, Criminal Procedure § 15-201 — MD Code / Article gcp / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

There is a State’s Attorneys’ Coordination Council.
Md. Code, Insurance § 15-1011 — MD Code / Article gin / Title 15 / Subtitle 10 / Section 15-1011
§15–1011.
Status: in_force

(a) (1) This section applies to:

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

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

(2) This section does not apply to claims for reimbursement:

(i) for services received under Medicare supplemental policies or contracts; or

(ii) for pharmaceutical or vision services.

(b) An entity subject to this section shall permit an insured, a subscriber, or a member seeking reimbursement for expenses incurred by the insured, subscriber, or member, in connection with a covered service provided in the United States, to submit a claim for reimbursement:

(1) by first–class mail; and

(2) at the election of the entity:

(i) by facsimile transmission; or

(ii) through a Web site that allows for the secure transmission of information.

(c) An entity subject to this section annually shall provide:

(1) a notice that a claims form may be submitted:

(i) by first–class mail; and

(ii) at the election of the entity:

1. by facsimile transmission; or

2. through a Web site that allows for the secure transmission of information; and

(2) instructions on how to submit a claim by facsimile transmission or through a secure Web site.
Md. Code, Insurance § 15-510 — MD Code / Article gin / Title 15 / Subtitle 5 / Section 15-510
§15–510.
Status: in_force

No individual, group, or blanket insurance policy or contract issued or delivered in the State by an insurer, a nonprofit health service plan, or a health maintenance organization may deny a covered medically necessary behavioral health care service provided by a participating provider to a member who is a student solely on the basis that the service is provided at a public school or through a school–based health center under § 7–440 of the Education Article.
Md. Code, Health Occupations § 15-304 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-304
§15–304.
Status: in_force

An applicant for a license shall:

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

(2) Submit an application to the Board on the form that the Board requires; and

(3) Pay to the Board the application fee set by the Board.
Md. Code, Health - General § 15-1101 — MD Code / Article ghg / Title 15 / Subtitle 11 / Section 15-1101
§15–1101.
Status: in_force

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

(b) “Family–centered treatment” means an evidence–based practice used to stabilize youth in the home by addressing underlying functions of behavior in order to reduce disruptions in the home, school, and community.

(c) “Functional family therapy” means a family–based prevention and intervention program for high–risk youth that addresses complex and multidimensional problems through clinical practice that is flexibly structured and culturally sensitive.

(d) “High–fidelity wraparound model” means a research–based model of care coordination that uses a highly structured, team–based, family–centered management process to meet the needs of children and adolescents who experience complex emotional, behavioral, or mental health needs.

(e) “Mental health case management program” means a program that provides an identified subset of wraparound services.

(f) “1915(i) model” means the 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families program established under Title 10, Subtitle 9, Chapter 89 of the Code of Maryland Regulations.

(g) “Value–based purchasing” means financially incentivizing providers to meet selected outcome measures.

(h) “Wraparound services” means services provided to children and youth with intensive mental health needs and their families in their communities, including:

(1) Intensive care coordination;

(2) Child and family team meetings; and

(3) Plans of care that are individualized to each family and include:

(i) Formal supports, including individual and family therapy; and

(ii) Informal supports, including intensive in–home services, respite care, mobile crisis response and stabilization, family peer support, experiential therapies, and flexible funds for goods and services that are identified in the plan of care.
Md. Code, Insurance § 15-705 — MD Code / Article gin / Title 15 / Subtitle 7 / Section 15-705
§15–705.
Status: in_force

For the purposes of a policy of health insurance or other insurance, a chiropractor is entitled to compensation for those services that the chiropractor is licensed to perform under the Health Occupations Article and that the chiropractor has rendered to an insured.
Md. Code, Insurance § 15-847.1 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-847.1
§15–847.
Status: in_force

§15–847.1.

(a) This section applies to:

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

(2) health maintenance organizations that provide coverage for prescription drugs under individual group contracts that are issued or delivered in the State.

(b) (1) Subject to paragraph (2) of this subsection and § 15–822.1 of this subtitle, an entity subject to this section may not impose a copayment or coinsurance requirement on a prescription drug prescribed to treat diabetes, HIV, or AIDS that exceeds $150 for up to a 30–day supply of the drug.

(2) On July 1 each year, the limit on the copayment or coinsurance requirement on a prescription drug prescribed to treat diabetes, HIV, or AIDS shall increase by a percentage equal to the percentage change from the preceding year in the medical care component of the March Consumer Price Index for All Urban Consumers, Washington Metropolitan Area, from the U.S. Department of Labor, Bureau of Labor Statistics.
Md. Code, Transportation § 15-311.1 — MD Code / Article gtr / Title 15 / Subtitle 3 / Section 15-311.1
§15–311.
Status: in_force

§15–311.1.

(a) (1) In this section, “dealer processing charge” includes an amount charged by a dealer for:

(i) The preparation of written documentation of the transaction;

(ii) Obtaining the title and license plates for the vehicle;

(iii) Obtaining a release of lien;

(iv) Filing title documents with the Administration;

(v) Retaining documentation and records of the transaction;

(vi) Complying with federal or State privacy laws; or

(vii) Other administrative services concerning the sale of the vehicle.

(2) “Dealer processing charge” does not include a charge to purchase or install tangible personal property on or in the vehicle, or to perform mechanical service on the vehicle.

(b) (1) If a dealer charges a dealer processing charge, the charge:

(i) Shall be reasonable;

(ii) May not exceed:

1. $200 for the period from July 1, 2011, through June 30, 2014;

2. $300 for the period from July 1, 2014, through June 30, 2020;

3. $500 for the period from July 1, 2020, through June 30, 2024; and

4. $800 on and after July 1, 2024; and

(iii) Shall reflect dealer expenses generally incurred for the services identified in subsection (a)(1) of this section.

(2) A dealer shall provide a written disclosure of the services included in the dealer processing charge on request by the purchaser.

(c) Any dealer processing charge or freight charge shall be disclosed to a purchaser as provided in this section.

(d) A contract for the sale of a vehicle shall contain a statement, in 12 point type or larger, on the contract form as follows:

“Dealer processing charge (not required by law): $....”.

“Freight charge: $ ....”.

(e) If a dealer advertises the price of a vehicle, the amount of any dealer processing charge and freight charge shall be included in the advertised price unless the dealer clearly and conspicuously discloses the amount of the dealer processing charge and freight charge in at least 10 point and bold font within reasonable proximity to the advertised price.

(f) The dealer shall attach its price statement to a window of the vehicle, next to any other price disclosure required by law. The dealer’s price statement shall state the total price for which the dealer is offering to sell the vehicle. The total price stated shall include any dealer processing charge, which shall be disclosed above the total price in at least 10 point type as “dealer processing charge (not required by law): $.....”. The total price may exclude only the taxes and title fees payable to the State.
Md. Code, Business Occupations and Professions § 15-502 — MD Code / Article gbo / Title 15 / Subtitle 5 / Section 15-502
§15–502.
Status: in_force

(a) Before a professional land surveyor or licensed property line surveyor issues to a client or submits to a public authority any plan, plat, report, or specification, the professional land surveyor or licensed property line surveyor who prepared the document shall endorse on the document the licensee’s:

(1) name; and

(2) seal or a facsimile of the seal.

(b) A public authority may not accept any surveying plan, plat, report, or specification unless the document is endorsed as required under subsection (a) of this section.
Md. Code, State Finance and Procurement § 15-217 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-217
§15–217.
Status: in_force

(a) (1) A prospective bidder or offeror, a bidder, or an offeror may submit a protest to the procurement officer.

(2) A unit or a person who has been awarded a procurement contract may submit a contract claim to the procurement officer.

(b) Except as provided in § 15-219 of this subtitle, a protest or contract claim shall be submitted within the time required under regulations adopted by the primary procurement unit responsible for the procurement.
Md. Code, Environment § 15-601 — MD Code / Article gen / Title 15 / Subtitle 6 / Section 15-601
§15–601.
Status: in_force

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

(b) “Abandoned” means an operation from which coal has not been removed for a six-month period.

(c) “Affected area” means: (i) the land within the permit area from which coal is removed and which is occupied by pillars; (ii) all land adjacent to the mine openings utilized by the operator; and (iii) off-site disposal areas.

(d) “Completed” means an operation where backfilling, sealing, revegetation, and other requirements of the permit have been accomplished.

(e) “Deep mining” means the extraction of coal through underground mining methods, including gaining access to the coal deposits by means of vertical or inclined shafts, by drift mining from the coal outcrop, or by other means that do not involve the stripping away of overburden to expose the deposit.

(f) “Mine opening sealing” means adequate sealing of a mine so that discharge from the mine is not or will not become injurious to animal or aquatic life or to use of water for domestic or industrial consumption or recreation or does not or will not violate water quality or effluent standards.

(g) “Opening” means a passage into a coal bed that is used for haulage, traveling ways, ventilation, or removal or introduction of water.

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

(i) “Subsidence” means the sinking or settling of a land surface area from beneath which coal has been extracted.
Md. Code, Health Occupations § 15-309 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-309
§15–309.
Status: in_force

(a) Each licensee shall keep a license and collaboration agreement for inspection at the primary place of business of the licensee.

(b) (1) A licensee shall provide the Board written notice of any change of name or address within 30 days after the change.

(2) A licensee who fails to comply with this subsection is subject to an administrative penalty of $100.

(c) The Board may audit and review collaboration agreements kept by the licensee at the primary place of business of the licensee at any time.

(d) A physician assistant who fails to produce a collaboration agreement to the Board on request is subject to an administrative penalty as established in regulations.
Md. Code, Health - General § 15-102.8 — MD Code / Article ghg / Title 15 / Subtitle 1 / Section 15-102.8
§15–102.
Status: in_force

§15–102.8.

(a) The Department may impose a claims processing charge on all Medicaid claims processed, approved, and paid by the Department to hospitals located in the District of Columbia for the provision of inpatient and outpatient hospital services.

(b) The amount to be paid under subsection (a) of this section may not exceed 6% of the amount of claims paid.

(c) The Department shall adopt regulations to implement this section.
Md. Code, Land Use § 15-201 — MD Code / Article glu / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

In this subtitle, “local small business enterprise” means a business enterprise that:

(1) has its principal place of operation in Montgomery County or Prince George’s County; and

(2) has been certified as a small business enterprise by a unit of county government that has jurisdiction over procurement in Montgomery County or Prince George’s County.
Md. Code, Insurance § 15-602 — MD Code / Article gin / Title 15 / Subtitle 6 / Section 15-602
§15–602.
Status: in_force

(a) This section applies to each individual, group, or blanket health insurance policy or certificate that is delivered or issued for delivery in the State by an insurer or nonprofit health service plan on or after July 2, 1969.

(b) A policy or certificate subject to this section may not exclude payments or benefits for the treatment of tuberculosis, mental illness, or another illness covered under the policy or certificate because treatment is received in a hospital or other institution of the State or of a county or municipal corporation of the State, whether or not the hospital or other institution is deemed charitable.
Md. Code, State Finance and Procurement § 15-201 — MD Code / Article gsf / Title 15 / Subtitle 2 / Section 15-201
§15–201.
Status: in_force

In this subtitle, “Appeals Board” means the Maryland State Board of Contract Appeals.
Md. Code, Economic Development § 15-107 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-107
§15–107.
Status: in_force

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

(b) Any investment earnings of the Fund shall be paid into the Fund.
Md. Code, Insurance § 15-10C-04 — MD Code / Article gin / Title 15 / Subtitle 10C / Section 15-10C-04
§15–10C–04.
Status: in_force

(a) Subject to the hearing procedures in §§ 2-210 through 2-214 of this article, the Commissioner may suspend, revoke, or refuse to renew a certificate of a medical director if the Commissioner finds a pattern that the utilization management procedures and policies used by the medical director in making utilization review decisions or used by a private review agent employed by or under contract with the health maintenance organization over whose utilization review decisions the medical director has responsibility are not:

(1) objective;

(2) clinically valid;

(3) compatible with established principles of health care; or

(4) flexible enough to allow deviations from the norms when justified on a case by case basis.

(b) The Commissioner may consult with an independent review organization or medical expert that meets the requirements of § 15-10A-05 of this title, the Department, the Board, or any other appropriate entity for purposes of taking an action described under subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 15-1406 — MD Code / Article gab / Title 15 / Subtitle 14 / Section 15-1406
§15–1406.
Status: in_force

(a) (1) An application for a license shall include a statement that:

(i) the applicant is at least 21 years old;

(ii) the applicant will carry on the business authorized by the license for the applicant or for a business entity and not as an agent of another person;

(iii) 1. the applicant will manage the business in person; or

2. if the license is issued to a business entity, an individual who is specified in the application will manage the business;

(iv) the applicant will not sell alcoholic beverages designated under the license to a person under the age of 21 years; and

(v) the applicant consents to the use of evidence discovered during a lawful inspection of the licensed premises as admissible in a prosecution or on a hearing for a revocation, suspension, or restriction of the license.

(2) The applicant shall verify the statements in the application by affidavit made before a notary or other person authorized to administer oaths.

(b) A person who makes a false statement in an application is guilty of the misdemeanor of perjury and on conviction is subject to imprisonment not exceeding 10 years and license revocation.
Md. Code, Health Occupations § 15-314 — MD Code / Article gho / Title 15 / Subtitle 3 / Section 15-314
§15–314.
Status: in_force

(a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary panel, on the affirmative vote of a majority of the quorum, may reprimand any physician assistant, place any physician assistant on probation, or suspend or revoke a license if the physician assistant:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Is guilty of:

(i) Immoral conduct in the practice of medicine; or

(ii) Unprofessional conduct in the practice of medicine;

(4) Is:

(i) Professionally incompetent;

(ii) Physically incompetent; or

(iii) Mentally incompetent;

(5) Solicits or advertises in violation of § 14–503 of this article;

(6) Abandons a patient;

(7) Habitually is intoxicated;

(8) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;

(9) Provides professional services:

(i) While under the influence of alcohol; or

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

(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(11) Willfully makes or files a false report or record in the practice of medicine;

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

(13) On proper request, and in accordance with the provisions of Title 4, Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical record to the patient, another physician, or hospital;

(14) Solicits professional patronage through an agent or other person or profits from the acts of a person who is represented as an agent of the physician;

(15) Pays or agrees to pay any sum to any person for bringing or referring a patient or accepts or agrees to accept any sum from any person for bringing or referring a patient;

(16) Agrees with a clinical or bioanalytical laboratory to make payments to the laboratory for a test or test series for a patient, unless the licensed physician assistant discloses on the bill to the patient or third–party payor:

(i) The name of the laboratory;

(ii) The amount paid to the laboratory for the test or test series; and

(iii) The amount of procurement or processing charge of the licensed physician, if any, for each specimen taken;

(17) Makes a willful misrepresentation in treatment;

(18) Practices medicine with an unauthorized person or aids an unauthorized person in the practice of medicine;

(19) Establishes a pattern of excessive or medically unnecessary procedures or treatment;

(20) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;

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

(22) Fails to meet appropriate standards for the delivery of quality medical and surgical care performed in an outpatient surgical facility, office, hospital, or any other location in this State;

(23) Willfully submits false statements to collect fees for which services are not provided;

(24) Was subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under this section and the licensee:

(i) Surrendered the license issued by the state or country to the state or country; or

(ii) Allowed the license issued by the state or country to expire or lapse;

(25) Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

(26) Fails to educate a patient being treated for breast cancer of alternative methods of treatment as required by § 20–113 of the Health – General Article;

(27) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;

(28) Fails to comply with the provisions of § 12–102 of this article;

(29) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the physician assistant is licensed and qualified to render because the individual is HIV positive;

(30) Except as to an association that has remained in continuous existence since July 1, 1963:

(i) Associates with a pharmacist as a partner or co–owner of a pharmacy for the purpose of operating a pharmacy;

(ii) Employs a pharmacist for the purpose of operating a pharmacy; or

(iii) Contracts with a pharmacist for the purpose of operating a pharmacy;

(31) Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

(32) Fails to display the notice required under § 14–415 of this article;

(33) Fails to cooperate with a lawful investigation conducted by the Board or a disciplinary panel;

(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance Article;

(35) Is in breach of a service obligation resulting from the applicant’s or licensee’s receipt of State or federal funding for the physician assistant’s medical education;

(36) Willfully makes a false representation when seeking or making application for licensure or any other application related to the practice of medicine;

(37) Intimidates or influences, or attempts to intimidate or influence, for the purpose of causing any person to withhold or change testimony in hearings or proceedings before the Board or a disciplinary panel or those otherwise delegated to the Office of Administrative Hearings;

(38) Willfully hinders, prevents, or otherwise delays any person from making information available to the Board or a disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel;

(39) Intentionally misrepresents credentials for the purpose of testifying or rendering an expert opinion in hearings or proceedings before the Board or a disciplinary panel or those otherwise delegated to the Office of Administrative Hearings;

(40) Fails to keep adequate medical records;

(41) Performs medical acts in a manner that is not consistent with the collaboration agreement;

(42) Performs medical acts which are outside the education, training, and experience of the physician assistant;

(43) Performs medical acts that are not customary to the practice of the patient care team physicians listed on the collaboration agreement;

(44) Practices as a physician assistant without first providing notice to the Board as required under § 15–302(a) of this subtitle;

(45) Fails to complete a criminal history records check under § 14–308.1 of this article;

(46) Fails to comply with the requirements of the Prescription Drug Monitoring Program under Title 21, Subtitle 2A of the Health – General Article;

(47) Fails to comply with any State or federal law pertaining to the practice as a physician assistant; or

(48) Willfully makes a misrepresentation to a disciplinary panel.

(b) (1) On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the physician assistant is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.
Md. Code, Land Use § 15-503 — MD Code / Article glu / Title 15 / Subtitle 5 / Section 15-503
§15–503.
Status: in_force

(a) (1) The Audit Committee of the Commission shall appoint the Inspector General.

(2) (i) The Audit Committee shall select the Inspector General solely on the basis of professional ability and personal integrity, without regard to political affiliation.

(ii) The Inspector General shall be qualified professionally by experience or education in auditing, government operations, or financial management.

(b) (1) The term of the Inspector General is 4 years beginning on the date of appointment.

(2) An individual may not serve as Inspector General for more than three terms.

(3) The Inspector General may not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article, but:

(i) may participate in any employee benefits program offered by the Commission on the same terms and conditions as it is offered generally to an employee participating in the merit system; and

(ii) the Commission may offer to an individual appointed as Inspector General any supplemental employee benefit programs it determines are necessary to recruit and retain an employee who does not participate in the merit system.

(4) The Commission may remove the Inspector General by resolution adopted by the affirmative vote of not less than three of its members from each county for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(5) The Inspector General shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during their term.

(c) (1) Subject to budget authorization, applicable law, and the personnel regulations of the Commission, the Inspector General may select as subordinate staff of the Office one or more:

(i) temporary term employees who do not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article; and

(ii) other employees who participate in the merit system.

(2) Notwithstanding any provision of the personnel regulations to the contrary, an auditor, accountant, investigator, or similar professional employee appointed as subordinate staff of the Office shall be subject to dismissal by the Inspector General only for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(d) Subject to budget authorization and the applicable procurement regulations, the Inspector General may retain consultants by contract.
Md. Code, Insurance § 15-1605 — MD Code / Article gin / Title 15 / Subtitle 16 / Section 15-1605
§15–1605.
Status: in_force

(a) A pharmacy benefits manager registration expires on the second September 30 after its effective date unless it is renewed as provided under this section.

(b) A pharmacy benefits manager may renew its registration for an additional 2–year term, if the pharmacy benefits manager:

(1) otherwise is entitled to be registered;

(2) files with the Commissioner a renewal application on the form that the Commissioner requires; and

(3) pays to the Commissioner a renewal fee set by the Commissioner.

(c) An application for renewal of a pharmacy benefits manager registration shall be considered made in a timely manner if it is postmarked on or before the date the pharmacy benefits manager’s registration expires.

(d) Subject to the provisions of § 15–1607 of this part, the Commissioner shall renew the registration of each pharmacy benefits manager that meets the requirements of this section.

(e) The Commissioner may require any additional information or submissions from a pharmacy benefits manager that may be reasonably necessary to verify the information contained in the application.
Md. Code, Business Occupations and Professions § 15-307 — MD Code / Article gbo / Title 15 / Subtitle 3 / Section 15-307
§15–307.
Status: in_force

(a) Except as otherwise provided in § 15–307.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Board periodically shall give the examinations required under this subtitle to qualified applicants at the times and places that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) As provided for applicants for a license to practice land surveying under § 15–305 of this subtitle, the Board shall give the following separate examinations:

(1) the fundamentals of surveying;

(2) the principles and practice of surveying; and

(3) unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.

(e) (1) The Board shall determine the subjects, scope, and form of and method of grading and passing scores for the examinations given under this subtitle.

(2) The Board shall structure the examinations to test the ability of an applicant to design, plan, and direct land surveying in order to ensure the safety of life, health, and property.
Md. Code, Economic Development § 15-102 — MD Code / Article gec / Title 15 / Subtitle 1 / Section 15-102
§15–102.
Status: in_force

(a) The General Assembly finds that:

(1) while State and privately funded transit–oriented development is paramount and necessary for the orderly economic development of the State, such development should be pursued in a manner that extends benefits to and minimizes negative impacts on the communities in and adjacent to the development;

(2) in order to preserve and enhance the State’s diverse cultural fabric in communities affected by transit–oriented development, it is essential for the public and private sectors to cooperate in developing partnerships that aim to stabilize such communities;

(3) it is most fruitful to seek community input and involvement from organizations in areas affected by transit–oriented development in order to best address the physical, cultural, and economic impacts of the development; and

(4) fostering community–based initiatives for neighborhood stability and growth is in the public interest.

(b) The purpose of this title is to promote and assist community–based initiatives that enhance neighborhood stability and economic growth in communities that are directly impacted by State– and privately funded transit–oriented development.
Md. Code, Environment § 15-831 — MD Code / Article gen / Title 15 / Subtitle 8 / Section 15-831
§15–831.
Status: in_force

Architects, engineers, or other persons preparing specifications for construction projects, which specifications include the requirement that the construction contractor supply fill for the project, shall include within the specifications a specific reference to this subtitle and the rules and regulations pertaining to it adopted by the Department. If this reference is omitted from the specifications and reclamation and planting of the land is required under this subtitle, any contract based on the specifications may be amended, at the option of the construction contractor, to allow a reasonable price for the reclamation and planting of the land in accordance with a plan acceptable to the Department.
Md. Code, Land Use § 15-205 — MD Code / Article glu / Title 15 / Subtitle 2 / Section 15-205
§15–205.
Status: in_force

On or before October 31 each year, the Commission shall report to the Montgomery County and Prince George’s County Delegations to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness of any local small business enterprise program established under this subtitle.
Md. Code, Criminal Procedure § 15-414 — MD Code / Article gcp / Title 15 / Subtitle 4 / Section 15-414
§15–414.
Status: in_force

(a) This section applies only in Howard County.

(b) The State’s Attorney’s salary is equal to the salary of a judge of the District Court of Maryland.

(c) (1) The State’s Attorney may appoint two deputy State’s Attorneys and the number of assistant State’s Attorneys authorized by the County Executive.

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

(i) shall serve at the pleasure of the State’s Attorney;

(ii) subject to paragraph (3) of this subsection, shall receive a salary set by the County Executive with the approval of the County Council;

(iii) shall have the same legal power as the State’s Attorney to represent the State before the grand jury and in criminal proceedings; and

(iv) under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office as directed by the State’s Attorney or authorized by law.

(3) The salary for a deputy State’s Attorney may not be less than $6,000 each year.

(d) (1) The State’s Attorney may employ an administrative assistant who may:

(i) collect and distribute moneys payable for the support of dependents under orders issued from courts in this State or another state; and

(ii) retain 2% of the moneys collected to be paid to the County Council to defray the costs of the service.

(2) The salary of the administrative assistant shall be set by the County Executive with the approval of the County Council.

(e) (1) Not later than 3 months after the close of each fiscal year, the County Auditor shall examine the books and accounts of the State’s Attorney’s office and prepare a financial audit for the preceding fiscal year.

(2) The financial audit shall be:

(i) submitted to the County Executive and County Council; and

(ii) included in the annual audit of the county required by §§ 16–305 through 16–308 of the Local Government Article.

(3) At any time the County Executive or County Council may order a special audit of the State’s Attorney’s office in accordance with § 213 of the Howard County Charter.

(f) The State’s Attorney may not engage in the private practice of law.
Md. Code, Insurance § 15-837 — MD Code / Article gin / Title 15 / Subtitle 8 / Section 15-837
§15–837.
Status: in_force

(a) This section applies to:

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

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

(b) An entity subject to this section shall provide coverage for colorectal cancer screening in accordance with the latest screening guidelines issued by the American Cancer Society.

(c) (1) Subject to paragraph (2) of this subsection, the coverage required under this section may be subject to a copayment or coinsurance requirement or deductible that an entity subject to this section imposes for similar coverages under the same policy or contract.

(2) The copayment or coinsurance requirement or deductible imposed under paragraph (1) of this subsection may not be greater than the copayment or coinsurance requirement or deductible imposed by the entity for similar coverages.

(d) Nothing in this section may be construed to prohibit an entity subject to this section from providing coverages that are greater than or more favorable to an insured or enrollee than the coverage required under this section.
Md. Code, Insurance § 15-10A-05 — MD Code / Article gin / Title 15 / Subtitle 10A / Section 15-10A-05
§15–10A–05.
Status: in_force

(a) For a complaint filed with the Commissioner under this subtitle that involves a question of whether the health care service provided or to be provided to a member is medically necessary, the Commissioner:

(1) shall select an independent review organization or medical expert to advise on the complaint; and

(2) may accept and base the final decision on the complaint on the professional judgment of an independent review organization or medical expert.

(b) To ensure access to advice when needed, the Commissioner, in consultation with the Secretary of Health and carriers, shall compile a list of independent review organizations and medical experts.

(c) Any expert reviewer assigned by an independent review organization or medical expert shall be a physician or other appropriate health care provider who meets the following minimum requirements:

(1) be an expert in the treatment of the member’s medical condition, and knowledgeable about the recommended health care service or treatment through actual clinical experience;

(2) hold:

(i) a nonrestricted license in a state of the United States; and

(ii) in addition, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of review; and

(3) have no history of disciplinary actions or sanctions, including loss of staff privileges or participation restrictions that have been taken or are pending by any hospital, governmental agency or unit, or regulatory body that the Commissioner, in accordance with regulations adopted by the Commissioner, considers relevant in meeting the requirements of this subsection.

(d) An independent review organization may not be a subsidiary of, or in any way owned or controlled by, a health benefit plan, or a trade association of health benefit plans, or a trade association of health care providers.

(e) In addition to subsection (d) of this section, to be included on the list compiled under subsection (b) of this section, an independent review organization shall submit to the Commissioner the following information:

(1) if the independent review organization is a publicly held organization, the names of all stockholders and owners of more than 5% of any stock or options of the independent review organization;

(2) the names of all holders of bonds or notes in excess of $100,000, if any;

(3) the names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organization’s type of business;

(4) the names of all directors, officers, and executives of the independent review organization as well as a statement regarding any relationships the directors, officers, and executives may have with any carrier or health care provider group; and

(5) evidence, in the form required by the Commissioner, that the independent review organization is accredited by a nationally recognized private accrediting organization.

(f) An expert reviewer assigned by an independent review organization or the independent review organization or medical expert selected by the Commissioner under this section may not have a material professional, familial, or financial conflict of interest with any of the following:

(1) the carrier that is the subject of the complaint;

(2) any officer, director, or management employee of the carrier that is the subject of the complaint;

(3) the health care provider, the health care provider’s medical group, or the independent practice association that rendered or is proposing to render the health care service that is under review;

(4) the health care facility at which the health care service was provided or will be provided; or

(5) the developer or manufacturer of the principal drug, device, procedure, or other therapy that is being proposed for the member.

(g) For any independent review organization selected by the Commissioner under subsection (a) of this section, the independent review organization shall have a quality assurance mechanism in place that ensures:

(1) the timeliness and quality of the reviews;

(2) the qualifications and independence of the expert reviewers; and

(3) the confidentiality of medical records and review materials.

(h) (1) The carrier that is the subject of the complaint shall be responsible for paying the reasonable expenses of the independent review organization or medical expert selected by the Commissioner in accordance with subsection (a) of this section.

(2) The independent review organization or medical expert shall:

(i) present to the carrier for payment a detailed account of the expenses incurred by the independent review organization or medical expert; and

(ii) provide a copy of the detailed account of expenses to the Commissioner.

(3) The carrier that is the subject of the complaint may not pay and an independent review organization or medical expert may not accept any compensation in addition to the payment for reasonable expenses under paragraph (1) of this subsection.
Md. Code, Commercial Law § 15-213 — MD Code / Article gcl / Title 15 / Subtitle 2 / Section 15-213
§15–213.
Status: in_force

This subtitle does not repeal the law relating to:

(1) Fraudulent conveyances from one spouse to the other, as provided in §§ 4-205, 4-206, and 4-301 of the Family Law Article;

(2) Priorities and preferences in insolvency, as provided in Subtitle 1 of this title; or

(3) Bulk transfers, as defined in Title 6 of this article.
Md. Code, Insurance § 15-906 — MD Code / Article gin / Title 15 / Subtitle 9 / Section 15-906
§15–906.
Status: in_force

(a) A Medicare supplement policy shall provide the minimum benefits required by federal law.

(b) (1) For benefits designed to cover deductibles or coinsurance amounts under Medicare, a Medicare supplement policy shall provide for an automatic change in those benefits to coincide with changes in applicable Medicare deductible and copayment provisions.

(2) Subject to approval by the Commissioner, a carrier may reserve the right in a Medicare supplement policy to change premiums to correspond with changes in benefits under paragraph (1) of this subsection.

(c) Payment of a benefit for a Medicare eligible expense under a Medicare supplement policy may be conditioned on the same or less restrictive payment conditions that apply to a Medicare claim, including the determination of medical necessity.

(d) (1) Unless otherwise expressly authorized under this article or a regulation adopted by the Commissioner under this article, coverage under a Medicare supplement policy may not be subject to any exclusion, limitation, or reduction that is inconsistent with the exclusions, limitations, or reductions under Medicare.

(2) To the extent a benefit is available to the insured under Medicare, a Medicare supplement policy shall provide that coverage for the benefit is not duplicated.

(e) If the insured is receiving medical assistance under Medicaid, a Medicare supplement policy shall provide for the suspension of policy benefits and premiums for a maximum of 24 months.

(f) (1) A Medicare supplement policy, contract, or certificate in force in the State may not provide benefits that duplicate benefits provided by Medicare.

(2) Unless approved by the Commissioner, a Medicare supplement policy may not be offered at an introductory premium rate.
Md. Code, Alcoholic Beverages and Cannabis § 15-2401 — MD Code / Article gab / Title 15 / Subtitle 24 / Section 15-2401
§15–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, Estates and Trusts § 15-528 — MD Code / Article get / Title 15 / Subtitle 5 / Section 15-528
§15–528.
Status: in_force

(a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:

(1) Elections and decisions, other than those described in subsection (b) of this section, that the fiduciary makes from time to time regarding tax matters;

(2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or

(3) Subject to subsection (b) of this section, the ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary.

(b) A trustee shall make an adjustment from principal to income to compensate an income beneficiary for taxes paid or payable by the income beneficiary in respect of the taxable income of an entity that is taxable to the income beneficiary but that is distributed to the trustee and allocated to principal.

(c) (1) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid.

(2) The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment.

(3) The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.