Md. Code, Health Occupations § 19-3A-01 — MD Code / Article gho / Title 19 / Subtitle 3A / Section 19-3A-01
§19–3A–01.
Status: reserved

The Social Work Licensure Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:

SECTION 1. PURPOSE.

The purpose of this Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:

(1) Increase public access to social workers;

(2) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

(3) Enhance the member states’ ability to protect the public’s health and safety;

(4) Encourage the cooperation of member states in regulating multistate practice;

(5) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

(6) Support military families;

(7) Facilitate the exchange of licensure and disciplinary information among member states;

(8) Authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and

(9) Allow the use of telehealth to facilitate increased access to regulated social work services.

SECTION 2. DEFINITIONS.

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active military member” means any individual with full–time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.

(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.

(3) “Alternative program” means a non–disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

(4) “Charter member states” means member states who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as described in Section 14.

(5) “Compact commission” or “Commission” means the government agency whose membership consists of all states that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in Section 10, and which shall operate as an instrumentality of the member states.

(6) “Current significant investigative information” means:

(i) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission; or

(ii) Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

(7) “Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license, and adverse action information or other information as required by the Commission.

(8) “Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a multistate license.

(9) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

(10) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

(11) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Compact and Commission.

(12) “Home state” means the member state that is the licensee’s primary domicile.

(13) “Impairment” means a condition that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(14) “Licensee” means an individual who currently holds a license from a state to practice as a regulated social worker.

(15) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

(16) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this Compact.

(17) “Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.

(18) “Multistate license” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.

(19) “Qualifying national exam” means a national licensing examination approved by the Commission.

(20) “Regulated social worker” means any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.

(21) “Remote state” means a member state other than the home state.

(22) “Rule” or “Rule of the Commission” means a regulation duly promulgated by the Commission, as authorized by this Compact, that has the force of law.

(23) “Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.

(24) “Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and regulations in the state where the services are being provided.

(25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

(26) “Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.

SECTION 3. STATE PARTICIPATION IN THE COMPACT.

(a) To be eligible to participate in the Compact, a potential member state must currently meet all of the following criteria:

(1) License and regulate social work at either the clinical, master’s or bachelor’s category;

(2) Require applicants for licensure to graduate from a program that:

(i) Is operated by a college or university recognized by the licensing authority;

(ii) Is accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation or its successor; or

2. The United States Department of Education; and

(iii) Corresponds to the licensure sought as outlined in Section 4;

(3) Require applicants for clinical licensure to complete a period of supervised practice; and

(4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

(b) To maintain membership in the Compact a member state shall:

(1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in Section 4;

(2) Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

(3) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;

(4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(5) Comply with the rules of the Commission;

(6) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;

(7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the Compact and rules of the Commission; and

(8) Designate a delegate to participate in the Commission meetings.

(c) A member state meeting the requirements of Sections 3(a) and 3(b) of this Compact shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the Compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of Section 4 for issuance of a multistate license in such category or categories of licensure.

(d) The home states may charge a fee for granting the multistate license.

SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE COMPACT.

(a) To be eligible for a multistate license under the terms and provisions of the Compact, an applicant, regardless of category must:

(1) Hold or be eligible for an active, unencumbered license in the home state;

(2) Pay any applicable fees, including any state fee, for the multistate license;

(3) Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non–member state within 30 days from the date the action is taken;

(5) Meet any continuing competence requirements established by the home state; and

(6) Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

(b) An applicant for a clinical–category multistate license must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by either:

(i) Passage of a clinical–category qualifying national exam;

(ii) Licensure of the applicant in their home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rule of the Commission; or

(iii) The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule.

(2) Attain at least a master’s degree in social work from a program that is:

(i) Operated by a college or university recognized by the licensing authority; and

(ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation or its successor; or

2. The United States Department of Education;

(3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

(i) A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours;

(ii) A minimum of two years of full–time postgraduate supervised clinical practice; or

(iii) The substantial equivalency of the foregoing practice requirements which the Commission may determine by rule.

(c) An applicant for a master’s–category multistate license must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by either:

(i) Passage of a master’s–category qualifying national exam;

(ii) Licensure of the applicant in their home state at the master’s category, beginning prior to such time as a qualifying national exam was required by the home state at the master’s category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rule of the Commission; or

(iii) The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule.

(2) Attain at least a master’s degree in social work, from a program that is:

(i) Operated by a college or university recognized by the licensing authority; and

(ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation, or its successor; or

2. The United States Department of Education.

(d) An applicant for a bachelor’s–category multistate license must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by either:

(i) Passage of a bachelor’s–category qualifying national exam;

(ii) Licensure of the applicant in their home state at the bachelor’s category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rule of the Commission; or

(iii) The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule; and

(2) Attain at least a bachelor’s degree in social work from a program that is:

(i) Operated by a college or university recognized by the licensing authority; and

(ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation, or its successor; or

2. The United States Department of Education.

(e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of Section 4(a) to be eligible to renew a multistate license.

(f) The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state may, in accordance with due process and that member state’s laws, remove a regulated social worker’s multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

(g) If a multistate license is encumbered, the regulated social worker’s multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.

(h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.

SECTION 5. ISSUANCE OF A MULTISTATE LICENSE.

(a) Upon receipt of an application for a multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with Section 4 of this Compact.

(b) If such applicant is eligible pursuant to Section 4 of this Compact, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

(c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.

(d) A multistate license issued by a home state to a resident in that state shall be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.

SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES.

(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

(b) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.

(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.

(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.

SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE.

(a) A licensee can hold a multistate license, issued by their home state, in only one member state at any given time.

(b) If a licensee changes their home state by moving between two member states:

(1) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the Commission.

(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the Compact and the rules of the Commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the Commission.

(3) Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(4) If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

(5) Notwithstanding any other provision of this Compact, if a licensee does not meet the requirements set forth in this Compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

(c) If a licensee changes their primary state of residence by moving from a member state to a non–member state, or from a non–member state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.

(d) Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state, and only one multistate license.

(e) Nothing in this Compact shall interfere with the requirements established by a member state for the issuance of a single state license.

SECTION 8. MILITARY FAMILIES.

An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.

SECTION 9. ADVERSE ACTIONS.

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(1) Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(2) Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.

(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.

(e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking adverse action.

(f) (1) In addition to the authority granted to a member state by its respective regulated social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(g) If an adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.

(i) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

(j) Nothing in this Compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.

(k) Nothing in this Compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.

SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE COMPACT COMMISSION.

(a) The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact states acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 14.

(b) (1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.

(2) The delegate shall be either:

(i) A current member of the licensing authority at the time of appointment, who is a regulated social worker, or public member of the licensing authority; or

(ii) An administrator of the licensing authority or their designee.

(3) The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

(4) The Commission may recommend removal or suspension of any delegate from office.

(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.

(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, video conference, or other means of communication.

(8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

(c) The Commission shall have the following powers:

(1) Establish the fiscal year of the Commission;

(2) Establish a code of conduct and conflict of interest policies;

(3) Establish and amend rules and bylaws;

(4) Maintain its financial records in accordance with the bylaws;

(5) Meet and take such actions as are consistent with the provisions of the Compact, the Commission’s rules and bylaws;

(6) Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

(7) Maintain and certify records and information provided to a member state as the authenticated business records of the Commission and designate an agent to do so on the Commission’s behalf;

(8) Purchase and maintain insurance and bonds;

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

(10) Conduct an annual financial review;

(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

(12) Assess and collect fees;

(13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

(14) Lease, purchase, retain, or otherwise to own, hold, improve or use any property, real, personal or mixed; or any undivided interest therein;

(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

(16) Establish a budget and make expenditures;

(17) Borrow money;

(18) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the Compact and the bylaws;

(19) Provide and receive information from, and cooperate with, law enforcement agencies;

(20) Establish and elect an executive committee, including a chair and vice chair;

(21) Determine whether a state’s adopted language is materially different from the model Compact language such that the state would not qualify for participation in the Compact; and

(22) Perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact.

(d) (1) The executive committee shall have the power to act on behalf of the Commission according to the terms of the Compact. The powers, duties, and responsibilities of the executive committee shall include:

(i) Overseeing the day–to–day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary;

(ii) Recommending to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to Compact member states such as fees charged to licensees, and other fees;

(iii) Ensuring Compact administration services are appropriately provided, including by contract;

(iv) Preparing and recommending the budget;

(v) Maintaining financial records on behalf of the Commission;

(vi) Monitoring Compact compliance of member states and providing compliance reports to the Commission;

(vii) Establishing additional committees as necessary;

(viii) Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw; and

(ix) Other duties as provided in the rules or bylaws of the Commission.

(2) The executive committee shall be composed of up to eleven members:

(i) The chair and vice chair of the Commission shall be voting members of the executive committee;

(ii) The Commission shall elect five voting members from the current membership of the Commission;

(iii) Up to four ex officio, nonvoting members from four recognized national social worker organizations;

(iv) The ex officio members will be selected by their respective organizations.

(3) The Commission may remove any member of the executive committee as provided in the Commission’s bylaws.

(4) The executive committee shall meet at least annually.

(i) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non–public meeting as provided in subsection (f)(2) below.

(ii) The executive committee shall give seven days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

(iii) The executive committee may hold a special meeting in accordance with subsection (f)(1)(ii) below.

(e) The Commission shall adopt and provide to the member states an annual report.

(f) (1) All meetings shall be open to the public, except that the Commission may meet in a closed, non–public meeting as provided in paragraph (2) of this subsection below.

(i) Public notice for all meetings of the full Commission shall be given in the same manner as required under the rulemaking provisions in Section 12, except that the Commission may hold a special meeting as provided in subparagraph (ii) of this paragraph below.

(ii) The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.

(2) The Commission or the executive committee or other committees of the Commission may convene in a closed, non–public meeting for the Commission or executive committee or other committees of the Commission to receive legal advice or to discuss:

(i) Non–compliance of a member state with its obligations under the Compact;

(ii) The employment, compensation, discipline or other matters, practices or procedures related to specific employees;

(iii) Current or threatened discipline of a licensee by the Commission or by a member state’s licensing authority;

(iv) Current, threatened, or reasonably anticipated litigation;

(v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(vi) Accusing any person of a crime or formally censuring any person;

(vii) Trade secrets or commercial or financial information that is privileged or confidential;

(viii) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(ix) Investigative records compiled for law enforcement purposes;

(x) Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

(xi) Matters specifically exempted from disclosure by federal or member state law; or

(xii) Other matters as promulgated by the Commission by rule.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such references shall be recorded in the minutes.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(g) (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources, as provided in subsection (c)(13) of this section.

(3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

(h) (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

(2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state’s action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.

SECTION 11. DATA SYSTEM.

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

(b) The Commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the Commission.

(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license and information related thereto;

(4) Non–confidential information related to alternative program participation, the beginning and end dates of such participation, and other information related to such participation not made confidential under member state law;

(5) Any denial of application for licensure, and the reason(s) for such denial;

(6) The presence of current significant investigative information; and

(7) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(d) The records and information provided to a member state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi–judicial or administrative proceedings in a member state.

(e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

(1) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

SECTION 12. RULEMAKING.

(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.

(b) The rules of the Commission shall have the force of law in each member state, provided however that where the rules of the Commission conflict with the laws of the member state that establish the member state’s laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the conflict.

(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as on the day following adoption or the date specified in the rule or amendment, whichever is later.

(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(e) Rules shall be adopted at a regular or special meeting of the Commission.

(f) Prior to adoption of a proposed rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking:

(1) On the website of the Commission or other publicly accessible platform;

(2) To persons who have requested notice of the Commission’s notices of proposed rulemaking; and

(3) In such other way(s) as the Commission may by rule specify.

(h) The notice of proposed rulemaking shall include:

(1) The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed rule, and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule;

(2) If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

(3) The text of the proposed rule and the reason therefor;

(4) A request for comments on the proposed rule from any interested person; and

(5) The manner in which interested persons may submit written comments.

(i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule shall be made available to the public.

(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.

(1) The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

(2) The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

(3) The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in Section 12(l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of Commission or member state funds;

(3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

(n) No member state’s rulemaking requirements shall apply under this Compact.

SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.

(a) (1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

(2) Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

(3) The Commission shall be entitled to receive service of process in any such proceeding regarding the enforcement or interpretation of the Compact, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process renders a judgment or order void as to the Commission, the Compact, or promulgated rules.

(b) (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The Commission shall provide a copy of the notice of default to the other member states.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority, and each of the member states’ licensing authority.

(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(f) Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of said notice of termination.

(g) The Commission may not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

(h) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(i) (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non–member states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(j) (1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state’s law.

(2) A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) No person other than a member state shall enforce this Compact against the Commission.

SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh member state.

(1) On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the first seven member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

(i) A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 13.

(ii) If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than seven.

(2) Member states enacting the Compact subsequent to the seven initial charter member states shall be subject to the process set forth in Section 10(c)(21) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

(3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

(4) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(b) Any member state may withdraw from the Compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(3) Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal.

(c) Nothing contained in this Compact shall be construed to invalidate or prevent any social work licensure agreement or other cooperative arrangement between a member state and a non–member state that does not conflict with the provisions of this Compact.

(d) This Compact may be amended by the member states. No amendment to the Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 15. CONSTRUCTION AND SEVERABILITY.

(a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of the Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in the Compact or, in accordance with the requirements of Section 13(b), terminate a member state’s participation in the Compact, if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS.

(a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered.

(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

(c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.

(d) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
Md. Code, State Finance and Procurement § 19-118 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-118
§19–118.
Status: in_force

The filing, investigation, hearing, and appeal of a complaint under this title may not hinder or affect the eligibility for bidding, award of, performance of, or payment on a contract prior to a final adjudicated decision that establishes a violation.
Md. Code, Insurance § 19-1002 — MD Code / Article gin / Title 19 / Subtitle 10 / Section 19-1002
§19–1002.
Status: in_force

(a) The purpose of this subtitle is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in the State.

(b) (1) This subtitle applies to travel insurance under policies and certificates delivered or issued for delivery in the State.

(2) (i) Except as otherwise expressly provided in this subtitle, this subtitle does not apply to a cancellation fee waiver or travel assistance services.

(ii) The following may not be construed to be insurance, as defined in § 1–101 of this article:

1. a cancellation fee waiver; or

2. travel assistance services.

(c) All other applicable provisions of this article apply to travel insurance, except that specific provisions of this subtitle supersede any general provisions of this article.
Md. Code, Insurance § 19-903 — MD Code / Article gin / Title 19 / Subtitle 9 / Section 19-903
§19–903.
Status: in_force

(a) Notwithstanding any other provision of law and except as otherwise provided in this section, an insurer may not terminate or otherwise change the terms and conditions of a policy of portable electronics insurance unless the insurer provides the policyholder and covered customers with at least 60 days’ notice.

(b) If the insurer changes the terms and conditions of a policy of portable electronics insurance in accordance with subsection (a) of this section, the insurer shall:

(1) provide the policyholder with a revised policy or endorsement; and

(2) provide each covered customer with:

(i) a revised certificate, endorsement, updated brochure, or other evidence that indicates that a change in the terms and conditions of the policy has occurred; and

(ii) a summary of material changes.

(c) An insurer may terminate coverage of a covered customer under a policy of portable electronics insurance:

(1) after 45 days’ notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy; or

(2) after 10 days’ notice for nonpayment of premium.

(d) (1) An insurer may automatically terminate coverage of a covered customer under a policy of portable electronics insurance:

(i) if the covered customer ceases to have active service related to the use of portable electronics with the vendor; or

(ii) if:

1. the covered customer exhausts the aggregate limit of liability, if any, under the terms of the policy of portable electronics insurance; and

2. the insurer sends notice of termination to the covered customer within 15 business days after exhaustion of the limit, subject to paragraph (2) of this subsection.

(2) If the insurer does not send timely notice in accordance with paragraph (1)(ii) of this subsection, coverage shall continue under the policy of portable electronics insurance notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the covered customer.

(e) Notwithstanding subsection (d)(1)(ii) of this section, on request of a covered customer, the covered customer shall be eligible for reinstatement of coverage not more than 12 months after the date of exhaustion of the coverage limit in accordance with the terms of the policy and subject to the enrollment criteria then applicable to prospective customers generally.

(f) If a vendor terminates a policy of portable electronics insurance, the vendor shall mail or deliver, at least 45 days before termination, written notice to each covered customer that advises the covered customer of the termination of the policy and the effective date of termination.

(g) (1) An insurer is not required to give notice of termination to a covered customer if the insurer has been advised by either the vendor or another insurer that substantially similar coverage under a policy of portable electronics insurance has been obtained from another insurer without lapse of coverage.

(2) A vendor is not required to give notice of termination to a covered customer if substantially similar coverage under a policy of portable electronics insurance has been obtained from another insurer without lapse of coverage.

(h) (1) Whenever notice is required in accordance with this section, the notice shall be in writing and sent by mail or electronic means as specified in this subsection.

(2) (i) Unless notice by electronic means is authorized under paragraph (3) or (4) of this subsection, notice under this section shall be provided by mail in accordance with subparagraphs (ii) and (iii) of this paragraph.

(ii) Notice shall be mailed to the vendor at the vendor’s last known mailing address on file with the insurer.

(iii) Notice shall be mailed to a covered customer at the covered customer’s last known mailing address on file with the insurer or vendor.

(iv) The insurer or vendor responsible for mailing the notice under this section shall maintain proof of mailing.

(3) An insurer responsible for providing notice to a covered customer under this section may provide notice by electronic means if:

(i) the covered customer has provided an electronic mail address to the insurer or vendor to receive notices about coverage;

(ii) notice is sent to the electronic mail address provided by the covered customer; and

(iii) the insurer or vendor maintains proof that the notice was sent to the covered customer at the covered customer’s electronic mail address.

(4) An insurer responsible for providing notice to a vendor under this section may provide notice by electronic means if:

(i) the vendor has provided an electronic mail address to the insurer at which the vendor consents to receive notices about the policy;

(ii) notice is sent to the electronic mail address provided by the vendor; and

(iii) the insurer maintains proof that the notice was sent to the vendor at the vendor’s electronic mail address.
Md. Code, Local Government § 19-602 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-602
§19–602.
Status: in_force

(a) (1) A county may borrow money and incur indebtedness through the issuance and sale of notes in anticipation of the receipt of any of the county’s State share.

(2) The amount borrowed may not exceed at any one time the county’s State share.

(3) In calculating the maximum principal amount of notes that may be outstanding, the State share may not be reduced with respect to any outstanding notes except on receipt by the county of money advanced by the State with respect to the State share and payment of notes with the money.

(b) A county may enter into an agreement with one or more counties to provide for the issuance and sale of consolidated notes in anticipation of the receipt of any of the aggregate State shares of the participating counties.
Md. Code, Health - General § 19-2111 — MD Code / Article ghg / Title 19 / Subtitle 21 / Section 19-2111
§19–2111.
Status: in_force

§19–2111. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2035 PER CHAPTER 386 OF 2024 //

(a) The Commission, in collaboration with community health resources and local health departments, shall develop a specialty care network for individuals:

(1) With family income that does not exceed 200% of the federal poverty level; and

(2) Who are referred through a community health resource.

(b) The specialty care network shall:

(1) Consist of health care practitioners who agree to provide care to individuals referred through a community health resource for a discounted fee established by the Commission; and

(2) Include health care practitioners who historically have served the uninsured.

(c) Individuals receiving health care through the specialty care network shall pay for specialty care according to a sliding fee scale developed by the Commission.

(d) In addition to patient fees, office–based specialty care visits, diagnostic testing, and laboratory tests shall be subsidized by funds provided from:

(1) General funds; and

(2) Money collected from a nonprofit health maintenance organization in accordance with § 6–121(b)(3) of the Insurance Article.

(e) Subject to available funding, the Commission shall provide subsidies to community health resources for office–based specialty care visits, diagnostic testing, and laboratory tests.
Md. Code, Local Government § 19-904 — MD Code / Article glg / Title 19 / Subtitle 9 / Section 19-904
§19–904.
Status: in_force

(a) A county or municipality that is authorized under law to borrow money and issue bonds may issue pension liability funding bonds to fund any unfunded present or contingent liability of any kind under a pension or retirement plan or system.

(b) Pension liability funding bonds may be issued for the public purposes of:

(1) realizing savings with respect to the aggregate cost of the pension or retirement plan or system being funded, on either a direct comparison or present value basis; or

(2) structuring or restructuring pension or retirement plan or system costs in a manner that:

(i) in the aggregate effects a reduction in the total cost of the pension or retirement plan or system as provided in item (1) of this subsection; or

(ii) is determined by the county or municipality:

1. to be in the best interests of the county or municipality;

2. to be consistent with the county’s or municipality’s long–term financial plan; and

3. to realize a financial objective of the county or municipality, including:

A. improving the relationship of pension or retirement plan or system costs to a source of payment such as taxes, assessments, or other charges; or

B. improving the benefits payable under the pension or retirement plan or system.

(c) The authority to issue pension liability funding bonds under this subtitle is supplemental to any authority to borrow money or issue bonds granted to a county or municipality under any other law.

(d) Except as otherwise provided in this subtitle, pension liability funding bonds are subject to any requirement that applies to the issuance of the county’s or municipality’s bonds that have the same source of payment as the pension liability funding bonds regarding:

(1) the terms, conditions, and covenants of the bonds;

(2) the taxes or other sources of money for payment of the bonds; and

(3) the procedures for issuance of the bonds.
Md. Code, Health Occupations § 19-101 — MD Code / Article gho / Title 19 / Subtitle 1 / Section 19-101
§19–101.
Status: in_force

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

(b) “Board” means the State Board of Social Work Examiners.

(c) “Certified” means having demonstrated to the satisfaction of the Board that the individual has completed 2 years of supervised social work practice as defined in § 19–302(d) or (e) of this title.

(c–1) “Conditional license” means a license issued by the Board under, and as limited by, § 19–309.1 of this title to practice:

(1) Bachelor social work; or

(2) Master social work.

(d) “Independent practice” means to practice bachelor social work or master social work without the requirement of supervision by another social worker.

(e) “License” means, unless the context requires otherwise:

(1) One of four categories of licenses issued by the Board authorizing an individual to practice:

(i) Bachelor social work;

(ii) Master social work;

(iii) Certified social work; or

(iv) Certified social work–clinical; or

(2) A conditional license issued by the Board.

(f) “Licensed bachelor social worker” means an individual licensed by the Board to practice bachelor social work.

(g) “Licensed certified social worker” means an individual licensed by the Board, on or before December 31, 2023, to practice certified social work.

(h) “Licensed certified social worker–clinical” means an individual licensed by the Board to practice clinical social work.

(i) “Licensed master social worker” means an individual licensed by the Board to practice master social work.

(j) “Practice bachelor social work” means to use the education and training required under § 19–302(b) of this title to:

(1) Practice social work under the supervision of a licensed certified social worker, licensed certified social worker–clinical, licensed master social worker, or licensed bachelor social worker who meets the conditions specified in regulations; or

(2) If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.

(k) “Practice certified social work” means to use the education, training, and experience required under § 19–302(d) of this title to practice social work.

(l) “Practice clinical social work” means to use the specialized education, training, and experience required under § 19–302(e) of this title to practice social work.

(m) “Practice master social work” means to use the education and training required under § 19–302(c) of this title to:

(1) Practice social work under the supervision of a licensed certified social worker, licensed certified social worker–clinical, or licensed master social worker who meets the conditions specified in regulations; or

(2) If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.

(n) (1) “Practice social work” means to apply the theories, knowledge, procedures, methods, and ethics derived from receiving a baccalaureate or master’s degree from a program in social work that is accredited by or a candidate for accreditation by the Council on Social Work Education, or an equivalent organization approved by the Council on Social Work Education, to restore or enhance social functioning of individuals, couples, families, groups, organizations, or communities through:

(i) Assessment;

(ii) Planning;

(iii) Intervention;

(iv) Evaluation of intervention plans;

(v) Case management;

(vi) Information and referral;

(vii) Counseling that does not include diagnosis or treatment of behavioral health disorders;

(viii) Advocacy;

(ix) Consultation;

(x) Education;

(xi) Research;

(xii) Community organization;

(xiii) Development, implementation, and administration of policies, programs, and activities; or

(xiv) Supervision of other social workers as set forth in regulations.

(2) “Practice social work” includes:

(i) Counseling for alcohol and drug use and addictive behavior; and

(ii) Using technology as set forth in regulations.

(3) For an individual licensed as a master social worker, “practice social work” also includes:

(i) Supervision of other social workers if the master social worker meets the requirements set out in regulations;

(ii) Formulating a diagnosis, under the supervision of a licensed certified social worker–clinical;

(iii) Treatment of biopsychosocial conditions, under the supervision of a licensed certified social worker–clinical; and

(iv) Treatment of behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, and the provision of psychotherapy under the supervision of a licensed certified social worker–clinical.

(4) For an individual licensed as a certified social worker, “practice social work” also includes:

(i) Supervision of other social workers;

(ii) Formulating a diagnosis, under the supervision of a licensed certified social worker–clinical;

(iii) Treatment of biopsychosocial conditions, under the supervision of a licensed certified social worker–clinical; and

(iv) Treatment of behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, and the provision of psychotherapy under the supervision of a licensed certified social worker–clinical.

(5) For an individual licensed as a certified social worker–clinical, “practice social work” also includes:

(i) Supervision of other social workers;

(ii) Evaluation, diagnosis, and treatment of biopsychosocial conditions, mental and emotional conditions and impairments, and behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, as defined in § 7.5–101 of the Health – General Article;

(iii) Petitioning for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article; and

(iv) The provision of psychotherapy.

(o) “Private practice” means the provision of psychotherapy by a licensed certified social worker–clinical who assumes responsibility and accountability for the nature and quality of the services provided to a client:

(1) In exchange for direct payment or third–party reimbursement; or

(2) On a pro bono basis as determined in regulations adopted by the Board.

(p) “Psychotherapy” means the assessment and treatment of mental disorders and behavioral health disorders.

(q) “Reactivation” means the process of obtaining a license less than 5 years after the Board placed an individual on inactive status.

(r) “Reinstatement” means the process of obtaining a license less than 5 years after the Board placed an individual on nonrenewed status.

(s) “Reissuance” means the process of obtaining a license more than 5 years after the Board placed an individual on inactive or nonrenewed status.

(t) “Supervision” means a formalized professional relationship between a supervisor and a supervisee that:

(1) Provides evaluation and direction of the supervisee; and

(2) Promotes continued development of the supervisee’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.
Md. Code, Education § 19-112 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-112
§19–112.
Status: in_force

This title may be referred to as the Auxiliary and Academic Facilities Bond Authority.
Md. Code, Health - General § 19-706.1 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-706.1
§19–706.
Status: in_force

§19–706.1.

(a) Subject to this section, the provisions of Title 9, Subtitle 2 of the Insurance Article regarding the rehabilitation and liquidation of insurers are applicable to health maintenance organizations.

(b) (1) Subject to paragraph (2) of this subsection, any rehabilitation or liquidation of a health maintenance organization shall be deemed to be the rehabilitation or liquidation of an insurer and shall be conducted under the supervision of the Commissioner under the law governing the rehabilitation or liquidation of insurers.

(2) The provisions of §§ 9-224 and 9-225 of the Insurance Article do not apply to the rehabilitation or liquidation of a health maintenance organization.

(c) The Commissioner may apply for an order directing the Commissioner to rehabilitate or liquidate a health maintenance organization:

(1) Upon any one or more grounds set out in Title 9, Subtitle 2 of the Insurance Article; or

(2) When in the Commissioner’s opinion the continued operation of the health maintenance organization would be hazardous either to its members or to the people of this State.

(d) (1) In addition to the Commissioner’s authority under Title 9, Subtitle 2 of the Insurance Article, the Commissioner as a rehabilitator of a health maintenance organization may, subject to approval by a court:

(i) Change premium rates and other terms of an individual or group contract;

(ii) Terminate or change the terms of:

1. Provider contracts; or

2. Contracts with participating entities for the provision of administrative, financial, or management services; and

(iii) Negotiate and, if the assuming health maintenance organization agrees:

1. Transfer the coverage obligations of the impaired health maintenance organization to an assuming health maintenance organization; and

2. Assign the provider contracts of the impaired health maintenance organization to an assuming health maintenance organization.

(2) Before taking any action under paragraph (1)(ii) of this subsection, the Commissioner shall consider:

(i) The interests of providers and other participating entities under contract with the impaired health maintenance organizations; and

(ii) The viability of continuing the health plan.

(3) If a court under paragraph (1)(ii) of this subsection approves a change to the terms of a contract that diminishes the compensation of a provider or a participating entity providing administrative, financial, or management services, the change may not:

(i) Be effective for more than 60 days; and

(ii) Except by mutual consent, be renewed or extended.

(e) In addition to the Commissioner’s authority under Title 9, Subtitle 2 of the Insurance Article, the Commissioner as a liquidator may, subject to approval by a court:

(1) Contract with a solvent health maintenance organization or other appropriate entity to operate the insolvent health maintenance organization, including the provision of medical care, on a short-term basis;

(2) Operate the insolvent health maintenance organization, which may include compensating health care providers in accordance with the terms of the health care provider’s contract with the insolvent health maintenance organization;

(3) (i) Direct all other health maintenance organizations that participated in an open enrollment process with the insolvent health maintenance organization at a group’s last regular open enrollment period to offer enrollees or subscribers of the insolvent health maintenance organization a 30-day open enrollment period to begin on the date of the insolvency; and

(ii) Require each health maintenance organization directed to offer enrollees or subscribers of the insolvent health maintenance organization a 30-day open enrollment period to offer the enrollees of the insolvent health maintenance organization the same coverage and rates that it offered the enrollees at the last regular open enrollment period;

(4) (i) Equitably allocate the insolvent health maintenance organization’s group contracts of those groups not offered other coverage under item (3) of this subsection, among all health maintenance organizations operating within a portion of the insolvent health maintenance organization’s service area, except that before allocating the group contracts under this item, the Commissioner shall consider the health care delivery system and financial resources of all possible successor health maintenance organizations;

(ii) Require each health maintenance organization allocated a group or groups under item (i) of this item to offer the group or groups the health maintenance organization’s existing coverage which is most similar to each group’s coverage with the insolvent health maintenance organization at rates determined in accordance with the successor health maintenance organization’s existing rate methodology; and

(iii) Ensure that any enrollee or subscriber whose group coverage had terminated prior to the date of the insolvency and who converted their group coverage into individual conversion coverage is offered the same conversion coverage that is offered by the successor health maintenance organization to persons converting from the group of which the enrollee or subscriber had been a former member;

(5) (i) Equitably allocate the insolvent health maintenance organization’s nongroup individual contracts of those nongroup individuals not offered other coverage under item (3) of this subsection, among all health maintenance organizations operating within a portion of the insolvent health maintenance organization’s service area, except that before allocating the nongroup individual contract or contracts under this item, the Commissioner shall consider the health care delivery system and financial resources of all possible successor health maintenance organizations; and

(ii) Require each health maintenance organization allocated a nongroup individual or individuals under item (i) of this item to offer the nongroup individual or individuals the health maintenance organization’s existing coverage which is most similar to the nongroup individual’s coverage with the insolvent health maintenance organization at rates determined in accordance with the successor health maintenance organization’s existing rate methodology; and

(6) Take any other action deemed necessary by the Commissioner.

(f) The claims and expenses of health care providers incurred by the Commissioner, as a receiver, in continuing plan benefits as provided in the insolvent health maintenance organization’s plan of insolvency adopted under § 19-710(q) of this subtitle shall:

(1) Be considered expenses for the administration of the receivership; and

(2) Have priority over all other expenses.

(g) In the event of the liquidation or rehabilitation of a health maintenance organization under this section:

(1) Members of the health maintenance organization shall have the same priority of claims as provided in § 9-227(c) of the Insurance Article; and

(2) For claims for health care services rendered to members before an order of receivership has been entered, the following health care providers shall immediately follow in priority claims of the members of the health maintenance organization:

(i) Health care providers under contract with the health maintenance organization;

(ii) Health care providers that rendered health care services to members of the health maintenance organization upon referral from a health care provider under contract with the health maintenance organization; and

(iii) A hospital.

(h) (1) A health care provider may not assert a claim of subrogation against:

(i) A member of an insolvent health maintenance organization; or

(ii) Any individual, organization, or government agency which has made payments to the health maintenance organization on behalf of a member.

(2) Notwithstanding paragraph (1) of this subsection, a health care provider may assert any claim it may have against the receiver of the insolvent health maintenance organization.
Md. Code, Health - General § 19-711.3 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-711.3
§19–711.
Status: in_force

§19–711.3.

In any case where a health maintenance organization is being merged or consolidated with or acquired by another person, any current financing money provided by the health maintenance organization to a hospital, in accordance with regulations adopted by the Health Services Cost Review Commission, in return for a discount in rates charged by the hospital shall be deemed to be security for the amount of outstanding charges owed by the health maintenance organization to the hospital for bills or claims for services provided by the hospital prior to the merger, consolidation, or acquisition.
Md. Code, Health - General § 19-404 — MD Code / Article ghg / Title 19 / Subtitle 4 / Section 19-404
§19–404.
Status: in_force

(a) The Department shall adopt rules and regulations that set standards for the care, treatment, health, safety, welfare, and comfort of patients of home health agencies.

(b) The rules and regulations shall provide for the licensing of home health agencies and shall establish standards that require as a minimum, that all home health agencies:

(1) Within 10 days of acceptance of a patient for skilled care, make and record all reasonable efforts to contact a physician to obtain the signed order required under item (2) of this subsection;

(2) That accept patients for skilled care do so only on the signed order of a physician obtained within 28 days after acceptance;

(3) Adopt procedures for the administration of drugs and biologicals;

(4) Maintain clinical records on all patients accepted for skilled care;

(5) Establish patient care policies and personnel policies;

(6) Have services available at least 8 hours a day, 5 days a week, and available on an emergency basis 24 hours a day, 7 days a week;

(7) Make service available to an individual in need within 24 hours of a referral when stipulated by a physician’s order;

(8) Have a designated supervisor of patient care who is a full–time employee of the agency and is available at all times during operating hours and additionally as needed; and

(9) Have as the administrator of the agency a person who has at least 1 year of supervisory experience in hospital management, home health management, or public health program management and who is:

(i) A licensed physician;

(ii) A registered nurse; or

(iii) A college graduate with a bachelor’s degree in a health–related field.

(c) The rules and regulations may include provisions that:

(1) Deal with the establishment of home health agencies;

(2) Require each home health agency to have its policies established by a professional group that includes at least:

(i) 1 physician;

(ii) 1 registered nurse;

(iii) 1 representative of another offered service; and

(iv) 1 public member;

(3) Govern the services provided by the home health agencies;

(4) Require keeping clinical records of each patient, including the plan of treatment to be provided;

(5) Govern supervision of the services, as appropriate, by:

(i) A physician;

(ii) A registered nurse; or

(iii) Another health professional who is qualified sufficiently by advanced training to supervise the same kind of services in a hospital; and

(6) Require submission of an annual report which includes service utilization statistics.

(d) The provisions of this section do not waive the requirement for a home health agency to obtain a certificate of need.
Md. Code, Business Occupations and Professions § 19-404.1 — MD Code / Article gbo / Title 19 / Subtitle 4 / Section 19-404.1
§19–404.
Status: in_force

§19–404.1.

(a) By regulation, the Secretary shall stagger the terms of the certifications.

(b) Unless a certification is renewed for a 3–year term as provided in this section, the certification expires on the date the Secretary sets.

(c) At least 90 days before a certification expires, the applicant shall submit to the Secretary in the manner and format designated by the Secretary:

(1) a renewal application;

(2) the amount of the renewal fee in a method approved by the Secretary; and

(3) the amount of any late fee, as determined by the Secretary.

(d) An individual periodically may renew the certification for an additional 3–year term, if the individual:

(1) otherwise is entitled to be certified;

(2) pays to the Secretary in a method approved by the Secretary:

(i) a renewal fee of $10;

(ii) payment for the cost of a fingerprint card record check by the Federal Bureau of Investigation; and

(iii) any late fee required under this subtitle;

(3) (i) satisfactorily completes 8 hours of continuing security training that is approved by the Maryland Police Training and Standards Commission under § 19–412 of this subtitle; and

(ii) submits to the Secretary supporting documentation that demonstrates completion of the training; and

(4) submits to the Secretary a renewal application in the manner and format designated by the Secretary.

(e) (1) Subject to paragraph (2) of this subsection, if a complete application for renewal of certification as required under this subtitle is not received by the Secretary on or before the first business day of the next calendar month immediately following the renewal date, the Secretary shall assess a late fee of $5 per day until the application is received by the Secretary.

(2) (i) The Secretary may not charge a late fee under paragraph (1) of this subsection if the applicant did not make timely renewal because of incapacity, hospitalization, being called to active military duty, or other hardship.

(ii) The total amount of late fees assessed against an applicant under this subsection may not exceed $150.

(3) The Secretary may not certify any applicant under this subtitle if the applicant has outstanding late fee obligations.

(f) (1) The Secretary shall renew the certification of each individual who meets the requirements of this section.

(2) Within 5 days after the Secretary refuses to renew the certification of an individual as a security guard, the Secretary shall send written notice of the refusal to the individual who submitted the renewal application.

(g) At least 90 days before a certification expires, the licensed security guard agency or security guard employer shall submit a declaration to the Secretary under the penalties of perjury stating whether it knows that a certified security guard who provides security guard services on the security guard agency’s behalf or for the security guard employer no longer satisfies all of the criteria for certification under § 19–402 of this subtitle.
Md. Code, Health - General § 19-1911 — MD Code / Article ghg / Title 19 / Subtitle 19 / Section 19-1911
§19–1911.
Status: in_force

(a) An employer providing a reference for employment under this subtitle and acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer.

(b) An employer providing a reference under this subtitle shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:

(1) Acted with actual malice toward the employee or former employee; or

(2) Intentionally or recklessly disclosed false information about the employee or former employee.
Md. Code, Health - General § 19-1202 — MD Code / Article ghg / Title 19 / Subtitle 12 / Section 19-1202
§19–1202.
Status: in_force

A comprehensive rehabilitation facility shall meet the requirements of this subtitle before the facility may provide:

(1) Comprehensive physical rehabilitation services; or

(2) Any specialized rehabilitation program.
Md. Code, Health - General § 19-1407 — MD Code / Article ghg / Title 19 / Subtitle 14 / Section 19-1407
§19–1407.
Status: reserved

(a) (1) There is a Health Care Quality Account established in the Department.

(2) The Health Care Quality Account shall be funded by civil money penalties paid by nursing homes and other penalties that the Office of Health Care Quality may assess.

(3) The Department shall pay all penalties collected under this title to the Comptroller of the State.

(4) The Comptroller shall distribute the funds collected under this title to the Health Care Quality Account.

(5) The Health Care Quality Account is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.

(6) Any unspent portions of the Health Care Quality Account may not be transferred or reverted to the General Fund of the State, but shall remain in the Health Care Quality Account to be used for the purposes specified in this section.

(b) The Health Care Quality Account shall be used for training, grant awards, demonstration projects, or other purposes designed to improve the quality of care.

(c) The Department shall adopt regulations for the distribution of funds from the Health Care Quality Account.
Md. Code, Health - General § 19-4B-04 — MD Code / Article ghg / Title 19 / Subtitle 4B / Section 19-4B-04
§19–4B–04.
Status: in_force

(a) (1) The Department shall adopt regulations to implement the requirements of this subtitle.

(2) The regulations may not preclude a nursing referral service agency from operating with independent contractors.

(b) The Department shall issue a license to a nursing referral service agency after the nursing referral service agency completes an application for licensure.

(c) The Department may suspend or revoke a license issued under this section if the nursing referral service agency is operating in violation of the requirements of this subtitle.
Md. Code, Health Occupations § 19-502 — MD Code / Article gho / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.
Md. Code, Insurance § 19-505 — MD Code / Article gin / Title 19 / Subtitle 5 / Section 19-505
§19–505.
Status: in_force

(a) Unless waived in accordance with § 19–506 of this subtitle or rejected in accordance with § 19–506.1 of this subtitle, each insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State shall provide coverage for the medical, hospital, and disability benefits described in this section for each of the following individuals:

(1) except for individuals specifically excluded under § 27–609 of this article:

(i) the first named insured, and any family member of the first named insured who resides in the first named insured’s household, who is injured in any motor vehicle accident, including an accident that involves an uninsured motor vehicle or a motor vehicle the identity of which cannot be ascertained; and

(ii) any other individual who is injured in a motor vehicle accident while using the insured motor vehicle with the express or implied permission of the named insured;

(2) an individual who is injured in a motor vehicle accident while occupying the insured motor vehicle as a guest or passenger; and

(3) an individual who is injured in a motor vehicle accident that involves the insured motor vehicle:

(i) as a pedestrian; or

(ii) while in, on, or alighting from a vehicle that is operated by animal or muscular power.

(b) (1) In this subsection, “income” means:

(i) wages, salaries, tips, commissions, professional fees, and other earnings from work or employment;

(ii) earnings from a business or farm owned individually, jointly, or in partnership; and

(iii) to the extent earnings are paid or payable in property or services instead of in cash, the reasonable value of the property or services.

(2) The minimum medical, hospital, and disability benefits provided by an insurer under this section shall include up to $2,500 for:

(i) payment of all reasonable and necessary expenses that arise from a motor vehicle accident and that are incurred within 3 years after the accident for necessary prosthetic devices and ambulance, dental, funeral, hospital, medical, professional nursing, surgical, and X–ray services;

(ii) payment of benefits for 85% of income lost:

1. within 3 years after, and resulting from, a motor vehicle accident; and

2. by an injured individual who was earning or producing income when the accident occurred; and

(iii) payments made in reimbursement of reasonable and necessary expenses incurred within 3 years after a motor vehicle accident for essential services ordinarily performed for the care and maintenance of the family or family household by an individual who was injured in the accident and not earning or producing income when the accident occurred.

(3) As a condition of providing loss of income benefits under this subsection, an insurer may require the injured individual to furnish the insurer with reasonable medical proof of the injury causing loss of income.

(c) (1) An insurer may exclude from the coverage described in this section benefits for:

(i) an individual, otherwise insured under the policy, who:

1. intentionally causes the motor vehicle accident resulting in the injury for which benefits are claimed;

2. is a nonresident of the State and is injured as a pedestrian in a motor vehicle accident that occurs outside of the State;

3. is injured in a motor vehicle accident while operating or voluntarily riding in a motor vehicle that the individual knows is stolen; or

4. is injured in a motor vehicle accident while committing a felony or while violating § 21–904 of the Transportation Article; or

(ii) the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs while the named insured or family member is occupying an uninsured motor vehicle owned by:

1. the named insured; or

2. an immediate family member of the named insured who resides in the named insured’s household.

(2) In the case of motorcycles, mopeds, or motor scooters, an insurer may:

(i) exclude the economic loss benefits described in this section; or

(ii) offer the economic loss benefits with deductibles, options, or specific exclusions.
Md. Code, Health Occupations § 19-207 — MD Code / Article gho / Title 19 / Subtitle 2 / Section 19-207
§19–207.
Status: in_force

A person shall have the immunity from liability described under § 5-718 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, Health - General § 19-342 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-342
§19–342.
Status: in_force

(a) In this section, “patient” includes an inpatient, an outpatient, and an emergency services patient.

(b) The General Assembly intends to promote the health, safety, and well–being of patients and to foster better communication between patients and health care providers in hospitals through the use of a patient’s bill of rights that specifies the ethical and humane treatment the patient has a right to expect.

(c) Each administrator of a hospital shall:

(1) Provide to each patient in the hospital a written copy of the patient’s bill of rights that:

(i) The hospital adopts under Joint Commission guidelines or guidelines issued by a nationally recognized hospital accreditation organization approved by the Centers for Medicare and Medicaid Services conditions of participation; and

(ii) Complies with subsection (d) of this section;

(2) If a patient does not speak English or requires the patient’s bill of rights in an alternative format, provide a translator, an interpreter, or another accommodation to assist the patient in understanding and exercising the rights included in the patient’s bill of rights;

(3) Conspicuously post copies of the patient’s bill of rights on the hospital’s website and in areas that are accessible to patients and visitors, which may include admitting offices, patient floors, patient rooms, the outpatient department, and emergency services waiting areas; and

(4) Provide annual training to all patient care staff members to ensure the staff’s knowledge and understanding of the patient’s bill of rights.

(d) The patient’s bill of rights shall at a minimum include a statement, in plain language, that a patient has a right to:

(1) Receive considerate, respectful, and compassionate care;

(2) Be provided care in a safe environment free from all forms of abuse and neglect, including verbal, mental, physical, and sexual abuse;

(3) Have a medical screening exam and be provided stabilizing treatment for emergency medical conditions and labor;

(4) Be free from restraints and seclusion unless needed for safety;

(5) Be told the names and jobs of the health care team members involved in the patient’s care if staff safety is not a concern;

(6) Have respect shown for the patient’s personal values, beliefs, and wishes;

(7) Be treated without discrimination based on race, color, national origin, ethnicity, age, gender, sexual orientation, gender identity or expression, physical or mental disability, religion, language, or ability to pay;

(8) Be provided a list of protective and advocacy services when needed;

(9) Receive information about the patient’s hospital and physician charges and ask for an estimate of hospital charges before care is provided and as long as patient care is not impeded;

(10) Receive information in a manner that is understandable by the patient, which may include:

(i) Sign and foreign language interpreters;

(ii) Alternative formats, including large print, braille, audio recordings, and computer files; and

(iii) Vision, speech, hearing, and other temporary aids as needed, without charge;

(11) Receive information from the patient’s doctor or other health care practitioners about the patient’s diagnosis, prognosis, test results, possible outcomes of care, and unanticipated outcomes of care;

(12) Access the patient’s medical records in accordance with HIPAA Notice of Privacy Practices;

(13) Be involved in the patient’s plan of care;

(14) Be screened, assessed, and treated for pain;

(15) Refuse care;

(16) In accordance with hospital visitation policies, have an individual of the patient’s choice remain with the patient for emotional support during the patient’s hospital stay, choose the individuals who may visit the patient, and change the patient’s mind about the individuals who may visit;

(17) Appoint an individual of the patient’s choice to make health care decisions for the patient, if the patient is unable to do so;

(18) Make or change an advance directive;

(19) Give informed consent before any nonemergency care is provided, including the benefits and risks of the care, alternatives to the care, and the benefits and risks of the alternatives to the care;

(20) Agree or refuse to take part in medical research studies, without the agreement or refusal affecting the patient’s care;

(21) Allow or refuse to allow pictures of the patient for purposes other than the patient’s care;

(22) Expect privacy and confidentiality in care discussions and treatments;

(23) Be provided a copy of the Health Insurance Portability and Accountability Act Notice of Privacy Practices; and

(24) File a complaint about care and have the complaint reviewed without the complaint affecting the patient’s care.

(e) The Office of Health Care Quality shall monitor the compliance of each hospital with the requirements of this section.
Md. Code, Health - General § 19-705.3 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705.3
§19–705.
Status: in_force

§19–705.3.

(a) In this section, “health maintenance organization” means a health maintenance organization where health care services are delivered by health care providers to subscribers at a central facility or centralized system of facilities operated by the health maintenance organization.

(b) The Department shall adopt regulations to require health maintenance organizations to:

(1) Adopt, implement, and enforce a policy that requires, except in an emergency life–threatening situation where it is not feasible or practicable, all employees and medical staff involved in patient care services to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; and

(2) Display the notice developed under § 1–207 of the Health Occupations Article at the entrance to the health maintenance organization.

(c) If the health maintenance organization fails to comply with the requirements of this section the Secretary may impose a penalty of up to $500 per day per violation for each day a violation continues.
Md. Code, State Finance and Procurement § 19-120 — MD Code / Article gsf / Title 19 / Subtitle 1 / Section 19-120
§19–120.
Status: in_force

This title and any regulations adopted under this title may be cited as the “Commercial Nondiscrimination Policy”.
Md. Code, Health - General § 19-2302 — MD Code / Article ghg / Title 19 / Subtitle 23 / Section 19-2302
§19–2302.
Status: in_force

(a) An accreditation organization shall apply to the Secretary for approval.

(b) Prior to approval of an accreditation organization, the Secretary shall:

(1) Determine that the standards of the accreditation organization are equal to or more stringent than existing State requirements;

(2) Evaluate the survey or inspection process of the accreditation organization to ensure the integrity of the survey or inspection process; and

(3) Enter into a formal written agreement with the accreditation organization that includes requirements for:

(i) Notice of all surveys and inspections;

(ii) Sharing of complaints and other relevant information;

(iii) Participation of the Department in accreditation organization activities; and

(iv) Any other provision necessary to ensure the integrity of the accreditation and licensure process.

(c) (1) When an approved accreditation organization has issued a final report finding a health care facility or a health care staff agency to be in substantial compliance with the accreditation organization’s standards, the Department shall accept the report as evidence that the health care facility or health care staff agency has met State licensure requirements and shall grant the health care facility or health care staff agency deemed status.

(2) A health care facility or a health care staff agency that fails to achieve substantial compliance with the standards of an approved accreditation organization may be subject to the provisions of § 19–360 of this title.

(d) (1) An approved accreditation organization shall send the Department any preliminary and final report of each inspection and survey at the time it is sent to the health care facility or health care staff agency.

(2) A final report of an approved accreditation organization shall be made immediately available to the public on request.

(3) A preliminary or final report of an approved accreditation organization is not admissible in evidence in any civil action or proceeding.

(e) The Department may inspect an accredited health care facility or a health care staff agency to:

(1) Determine compliance with any quality requirement;

(2) Follow up on any serious problem identified by an approved accreditation organization;

(3) Investigate a complaint; or

(4) Validate the findings of an approved accreditation organization.

(f) The Department may participate in or observe a survey or inspection of a health care facility or a health care staff agency conducted by an approved accreditation organization.

(g) On a determination by the Secretary that an approved accreditation organization has failed to meet its obligations under this section, the Secretary may withdraw:

(1) The approval from the accreditation organization; and

(2) The deemed status given to a health care facility or a health care staff agency by the accreditation organization.
Md. Code, Health - General § 19-3B-07 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-07
§19–3B–07.
Status: in_force

(a) The Secretary may investigate complaints concerning the conformance of a freestanding ambulatory care facility to the requirements of this subtitle or to the regulations adopted under this subtitle.

(b) If the complaint concerns health care practitioner performance or standards of medical practice, the complaint shall be referred to the board that licenses, certifies, or otherwise authorizes the health care practitioner under the Health Occupations Article to provide medical services.
Md. Code, Health - General § 19-3A-07 — MD Code / Article ghg / Title 19 / Subtitle 3A / Section 19-3A-07
§19–3A–07.
Status: in_force

(a) There are two freestanding medical facility pilot projects that shall operate in two jurisdictions in the State.

(b) The Department shall issue a freestanding medical facility license to:

(1) One freestanding medical facility pilot project if:

(i) The freestanding medical facility pilot project is established by, and will operate administratively as part of, an acute care general hospital;

(ii) The acute care general hospital is part of a merged asset system with all of its existing Maryland acute care general hospitals located in a single jurisdiction;

(iii) There are not more than 5 acute care general hospitals in the jurisdiction;

(iv) One or more of the existing acute care general hospitals in the merged asset system has an emergency department volume of 75,000 or more visits for the 12 months ending June 30, 2004;

(v) The freestanding medical facility pilot project will operate in Montgomery County;

(vi) The capital expenditure to implement the freestanding medical facility pilot project otherwise meets the requirements of § 19–120(k)(6)(viii) of this title; and

(vii) The freestanding medical facility pilot project meets the requirements under § 19–3A–02(b) of this subtitle; and

(2) One freestanding medical facility pilot project if:

(i) The freestanding medical facility pilot project is established by, and will operate administratively as part of, an acute care general hospital located in Talbot County;

(ii) The freestanding medical facility pilot project will operate in Queen Anne’s County;

(iii) The capital expenditure to implement the freestanding medical facility pilot project otherwise meets the requirements of § 19–120(k)(6)(viii) of this title; and

(iv) The freestanding medical facility pilot project meets the requirements under § 19–3A–02(b) of this subtitle.

(c) (1) A freestanding medical facility pilot project shall provide to the Maryland Health Care Commission information, as specified by the Commission, on the configuration, location, operation, and utilization, including patient–level utilization, of the pilot project.

(2) A certificate of need is not required for a freestanding medical facility pilot project.

(d) The provisions of §§ 19–3A–01 through 19–3A–06 of this subtitle shall apply to a freestanding medical facility pilot project.
Md. Code, Health - General § 19-310.5 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-310.5
§19–310.
Status: in_force

§19–310.5. NOT IN EFFECT

** TAKES EFFECT JULY 1, 2025 PER CHAPTERS 798 AND 799 OF 2024 **

(a) If a newborn is delivered in a hospital following a high–risk pregnancy, the hospital shall:

(1) Complete a postpartum infant and maternal referral form and submit the form to the local health department for the county in which the birthing parent resides;

(2) Provide to the birthing parent resources and information specific to the circumstances of the birthing parent, including information regarding the risks, signs, preventive measures, and treatment needs for postpartum complications, including cardiovascular conditions, chronic disease, substance misuse, and mental health conditions; and

(3) Call the birthing parent at least 24, but not later than 48, hours after discharging the parent to evaluate the parent’s status and, as necessary, provide information about postpartum complications.

(b) On or before October 1 each year, each local health department shall submit to the Department a report that includes the number and type of referrals made based on the referral forms submitted to the local health department in accordance with subsection (a)(1) of this section.
Md. Code, Health - General § 19-1809 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1809
§19–1809.
Status: in_force

(a) (1) A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license.

(2) A person who violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to:

(i) For a first offense, a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both; or

(ii) For a subsequent offense, a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

(3) If the Department finds a credible allegation that an assisted living program is operating without a license, the Department, or the Office of Health Care Quality, shall investigate whether residents in the assisted living program have been subjected to neglect, exploitation, or abuse.

(4) (i) On receipt of a credible allegation, or after an investigation that results in a finding that residents in an unlicensed assisted living program have been subjected to neglect, exploitation, or abuse, the person operating the unlicensed program shall be subject to immediate prosecution under paragraph (2) of this subsection.

(ii) If the person operating an unlicensed assisted living program fails or refuses to cooperate fully in an investigation by the Department, or the Office of Health Care Quality, conducted under paragraph (3) of this subsection, the person operating the unlicensed assisted living program shall be subject to immediate prosecution under paragraph (2) of this subsection.

(5) If the Department finds, after an investigation conducted under paragraph (3) of this subsection, that there is no reason to believe that residents in the assisted living program operating without a license have been subject to exploitation, neglect, or abuse:

(i) The Department shall provide written notice to the unlicensed assisted living program that the program shall come into compliance with licensure requirements within 30 days after receipt of the written notification; and

(ii) The person operating the program may not be subject to prosecution under paragraph (2) of this subsection if the person has:

1. Promptly and in good faith submitted a complete application to the Department for an assisted living program license;

2. Is awaiting a decision from the Department regarding the application; and

3. Has not been denied an assisted living program license on a prior occasion.

(6) In recommending the amount of the criminal penalty under paragraph (2) of this subsection, the State shall consider factors including the nature, number, and seriousness of the violations.

(7) The Department, the Attorney General, a State’s Attorney, or a local health officer may petition a circuit court for injunctive relief against the operation of an assisted living program operating without a license.

(8) A violation of paragraph (1) of this subsection shall be a violation of the Consumer Protection Act.

(b) (1) (i) A person may not advertise, represent, or imply to the public that an assisted living program is authorized to provide a service that the program is not licensed, certified, or otherwise authorized by the Department to provide when the license, certificate, or authorization is required under this subtitle.

(ii) A person may not advertise an assisted living program in a misleading or fraudulent manner.

(2) (i) A person who violates paragraph (1) of this subsection is subject to a civil money penalty imposed by the Secretary not exceeding $10,000 for each offense.

(ii) In setting the amount of a civil money penalty on the program under subparagraph (i) of this paragraph, the Secretary shall consider factors including the nature, number, and seriousness of the violations and the ability of the assisted living program to pay the penalty.

(c) (1) A person may not willfully and knowingly refer another person to an assisted living program that is operating without a license.

(2) A person who violates paragraph (1) of this subsection is subject to the following civil penalties:

(i) For a first offense, a civil penalty not exceeding $1,000;

(ii) For a second offense, a civil penalty not exceeding $2,000; or

(iii) For a third or subsequent offense, a civil penalty not exceeding $3,000.

(3) The Secretary shall remit all civil penalties collected under this subsection to the Office of Health Care Quality for the purposes of carrying out the provisions of § 19–1813 of this subsection.

(d) The Department may adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 19-1604 — MD Code / Article gab / Title 19 / Subtitle 16 / Section 19-1604
§19–1604.
Status: in_force

(a) The Board may issue a Class A beer license, Class A beer and wine license, or Class A beer, wine, and liquor license for a premises licensed under a Class B or Class D license.

(b) The Board may limit the number of Class A beer licenses, Class A beer and wine licenses, and Class A beer, wine, and liquor licenses that the Board issues.
Md. Code, Health - General § 19-14C-02 — MD Code / Article ghg / Title 19 / Subtitle 14C / Section 19-14C-02
§19–14C–02.
Status: in_force

(a) (1) If a State–owned nursing home that is operated by a contractor receives a deficiency from or is subject to an enforcement action by a monitoring agency, within 15 days after the final survey finding, the department charged with oversight of the nursing home shall provide notice of the deficiency or enforcement action to:

(i) The Governor;

(ii) In accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Health and Government Operations Committee, and the members of the General Assembly who represent the district in which the nursing home is located; and

(iii) The local governing body of the county in which the nursing home is located.

(2) Within 30 days after the contractor’s final acceptance of a plan of correction or completion of an informal dispute resolution, the department charged with oversight of the nursing home shall provide to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Health and Government Operations Committee, and the members of the General Assembly who represent the district in which the nursing home is located:

(i) A statement of the deficiencies found by the monitoring agency;

(ii) The plan of correction or results of the informal dispute resolution; and

(iii) All communications from the monitoring agency regarding survey activities conducted at the nursing home.

(b) On or before January 1 each year, beginning in 2024, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on all federal and State:

(1) Survey activities conducted during the immediately preceding 12–month period at each State–owned nursing home that is operated by a contractor; and

(2) Enforcement actions imposed during the immediately preceding 12–month period on each State–owned nursing home that is operated by a contractor.
Md. Code, Commercial Law § 19-304 — MD Code / Article gcl / Title 19 / Subtitle 3 / Section 19-304
§19–304.
Status: in_force

A civil action commenced under the provisions of this title shall be brought within 4 years after the violation complained of is or reasonably should have been discovered, whichever occurs first.
Md. Code, Health - General § 19-336 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-336
§19–336.
Status: in_force

(a) After the hearing under § 19-335 of this subtitle, the court may appoint a receiver for the nursing home or community program or continue the appointment of the receiver made ex parte, if the court finds:

(1) A person is operating the nursing home or community program without a license for it;

(2) The nursing home or community program will be closed within 30 days and arrangements to relocate its residents have not been approved by the Secretary;

(3) The nursing home or community program or its residents have been abandoned; or

(4) A situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the individuals.

(b) The court may appoint as receiver any responsible individual other than:

(1) A State employee;

(2) An employee of a local government; or

(3) The owner or administrator of or other individual with a financial interest in the nursing home or community program or agent of any of those individuals.

(c) (1) Before the receiver takes charge of the nursing home or community program, the receiver shall file a bond with the court.

(2) The bond:

(i) May not exceed the value of the nursing home or community program and its assets; and

(ii) Shall run to this State for benefit of all persons interested in the faithful performance of the receiver including the individuals.

(3) Unless the court directs otherwise, the receiver may pay the premium of the bond from the income of the nursing home or community program.

(d) The Secretary may petition the court to appoint a substitute for a receiver who:

(1) Dies;

(2) Has a disability;

(3) Has an adverse interest; or

(4) Does not make reasonable progress in carrying out the receivership.
Md. Code, Insurance § 19-406 — MD Code / Article gin / Title 19 / Subtitle 4 / Section 19-406
§19–406.
Status: in_force

(a) This section does not apply to the cancellation of a policy or binder of workers’ compensation insurance by an insurer during the 45–day underwriting period in accordance with § 12–106 of this article.

(b) Except for a cancellation for nonpayment of premium, an insurer may not cancel or refuse to renew a workers’ compensation insurance policy before its expiration unless, at least 45 days before the date of cancellation or nonrenewal, the insurer:

(1) serves on the employer, by personal service or certified mail addressed to the last known address of the employer, a notice of intention to cancel or nonrenew the policy; and

(2) files a copy of the notice with the State Workers’ Compensation Commission’s designee.

(c) Notice under this section may be given:

(1) if the employer is a corporation, to an agent or officer of the corporation on whom legal process may be served; and

(2) if the employer is a partnership, to a partner.

(d) Notice under this section shall state when the cancellation or nonrenewal takes effect.

(e) Whenever an employer receives a notice under this section, the employer immediately shall secure coverage in accordance with § 9–402 of the Labor and Employment Article that will be in effect when the cancellation takes effect.

(f) (1) The notice shall state the insurer’s actual reason for proposing the cancellation or nonrenewal of the policy.

(2) The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:

(i) grammatical, typographical, or other errors, if the errors are not material to the proposed action and are not misleading;

(ii) surplus information, if the surplus information is not misleading; or

(iii) erroneous information, if in the absence of the erroneous information there is a sufficient basis to support the proposed action.

(g) (1) At least 10 days before the date of cancellation of a workers’ compensation insurance policy for nonpayment of premium, the insurer shall send to the employer, by certificate of mail, a written notice of the intention to cancel for nonpayment of premium.

(2) An insurer shall file a copy of the notice sent under paragraph (1) of this subsection with the State Workers’ Compensation Commission’s designee.
Md. Code, Insurance § 19-302 — MD Code / Article gin / Title 19 / Subtitle 3 / Section 19-302
§19–302.
Status: in_force

(a) The purpose of this subtitle is to promote the public welfare by reducing fire damage to property and loss of life that is caused by the crime of arson by requiring insurers to secure antiarson applications that contain information to control the incidence of arson fraud from applicants for new policies of property insurance.

(b) This subtitle does not apply to a renewal of an existing property insurance policy or contract.
Md. Code, Health - General § 19-313 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-313
§19–313.
Status: in_force

An applicant for approval under Part II of this subtitle shall submit to the Secretary:

(1) A written application on the form that the Secretary requires; and

(2) The documents, drawings, and other information that the Secretary requires.
Md. Code, Alcoholic Beverages and Cannabis § 19-502 — MD Code / Article gab / Title 19 / Subtitle 5 / Section 19-502
§19–502.
Status: in_force

Except as provided in § 19–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Local Government § 19-609 — MD Code / Article glg / Title 19 / Subtitle 6 / Section 19-609
§19–609.
Status: in_force

The notes, the transfer of the notes, the interest payable on the notes, and any income derived from the notes, including profit realized in the sale or exchange of the notes, are exempt from State and local taxes.
Md. Code, Health - General § 19-708 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-708
§19–708.
Status: in_force

(a) An applicant for a certificate to operate as a health maintenance organization shall submit an application to the Commissioner on the form that the Commissioner requires.

(b) The application shall include or be accompanied by:

(1) A copy of the basic health maintenance organizational document and any amendments to it that, where applicable, are certified by the Department of Assessments and Taxation;

(2) A copy of the bylaws of the health maintenance organization, if any, that are certified by the appropriate officer;

(3) A list of the individuals who are to be responsible for the conduct of the affairs of the health maintenance organization, including all members of the governing body, the officers and directors if it is a corporation, and the partners or associates if it is a partnership or association;

(4) The addresses of those individuals and their official capacity with the health maintenance organization;

(5) A statement by each individual referred to in item (3) of this subsection that fully discloses the extent and nature of any contract or arrangement between the individual and the health maintenance organization and any possible conflict of interest;

(6) A resume of the qualifications of:

(i) The administrator;

(ii) The medical director, who shall be a physician licensed in this State and certified under Title 15, Subtitle 10C of the Insurance Article;

(iii) The enrollment director; and

(iv) Any other individual who is associated with the health maintenance organization that the Commissioner and the Secretary request under their joint internal procedures;

(7) A statement that describes generally:

(i) The health maintenance organization, including:

1. Its operations;

2. Its enrollment process;

3. Its quality assurance mechanism; and

4. Its internal grievance procedures;

(ii) The methods the health maintenance organization proposes to use to offer its members and public representatives an opportunity to participate in matters of policy and operation;

(iii) The location of the facilities where health care services will be available regularly to members;

(iv) The type and specialty of physicians and health care personnel who are engaged to provide health care services;

(v) The number of physicians and personnel in each category; and

(vi) The health and medical records system to provide documentation of use by members;

(8) The form of each contract that the health maintenance organization proposes to offer to subscribers showing the benefits to which they are entitled and a table of the rates charged or proposed to be charged for each form of contract;

(9) A statement that describes with reasonable certainty each geographic area to be served by the health maintenance organization;

(10) A statement of the financial condition of the health maintenance organization, including:

(i) Sources of financial support;

(ii) A balance sheet showing assets, liabilities, and minimum tangible net worth; and

(iii) Any other financial information the Commissioner requires for adequate financial evaluation;

(11) Copies of any proposed advertising and proposed techniques and methods of selling the services of the health maintenance organization;

(12) A power of attorney that is executed by the health maintenance organization appointing the Commissioner as agent of the organization in this State to accept service of process in any action, proceeding, or cause of action arising in this State against the health maintenance organization; and

(13) Copies of the agreements proposed to be made between the health maintenance organizations and providers of health care services.
Md. Code, Business Occupations and Professions § 19-701 — MD Code / Article gbo / Title 19 / Subtitle 7 / Section 19-701
§19–701.
Status: in_force

This title may be cited as the “Maryland Security Guards Act”.
Md. Code, Alcoholic Beverages and Cannabis § 19-2705 — MD Code / Article gab / Title 19 / Subtitle 27 / Section 19-2705
§19–2705.
Status: in_force

An individual under the age of 21 years may not be on the premises for which a Class D (on–sale) beer, wine, and liquor license has been issued.
Md. Code, Education § 19-101 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-101
§19–101.
Status: in_force

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

(b) (1) “Academic facility” and “academic facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which are used primarily for the instruction of students of a system.

(2) “Academic facility” and “academic facilities” also mean any facility or facilities related, required, useful, or incidental for the operation or activities of a system which are not auxiliary facilities.

(c) (1) “Academic fees” means tuition, student fees, and activity fees.

(2) “Academic fees” does not include:

(i) An appropriation of State funds; or

(ii) Any revenues from contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, or activity fees.

(d) “Auxiliary facilities fees” means income, fees, rents, charges, and revenues arising from the use of any auxiliary facilities.

(e) “Auxiliary facility” and “auxiliary facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which furnish a service to students, faculty, or staff at a system and which generate income, fees, rents, charges, and revenues arising from the use of the facility or facilities to support any project costs; such facilities shall include (but shall not be limited by type or class or otherwise to) housing facilities, eating facilities, recreational facilities, campus infirmaries, parking facilities, athletic facilities, student union or activity facilities, research facilities, laboratory facilities, testing facilities, and any related or incidental facility or any combination of such facilities.

(f) “Board” means the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.

(g) “Bonds” means revenue bonds, certificates, notes, demand notes, commercial paper, or other evidences of indebtedness and shall also include bond anticipation notes.

(h) “Capital lease” means any lease financing of real property which by generally accepted accounting principles is defined as a capital lease. For the purposes of this title, real property does not include fixtures.

(i) “Costs” as applied to any project means all costs in respect of the project, including (without limitation):

(1) The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, renovation, and operation;

(2) The cost of acquisition of all land, rights-of-way, property rights, easements, and interests acquired by a system;

(3) The cost of all machinery and equipment;

(4) Financing charges and interest prior to and during construction and for 1 year after completion of construction;

(5) The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;

(6) Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and

(7) Administrative expenses, and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.

(j) “Project” or “projects” means the acquisition, construction, reconstruction, related demolition, equipment, maintenance, repair, renovation, financing, and refinancing of 1 or more auxiliary or academic facilities.

(k) “Resolution” means a resolution adopted by a majority of the members of the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.

(l) “State” means the State of Maryland.

(m) “System” means the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.
Md. Code, Health - General § 19-370 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-370
§19–370.
Status: in_force

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

(b) “Advice” means the recommendations of the advisory committee.

(c) “Advisory committee” means a patient care advisory committee.

(d) “Petitioner” means one of the following individuals who is responsible for making a decision with a medical consequence for a patient:

(1) A patient;

(2) A physician;

(3) A registered nurse;

(4) A social worker;

(5) A family member;

(6) A guardian;

(7) An individual with a power of attorney to make a decision with a medical consequence for a patient; or

(8) Any other health care practitioner directly involved in the care of the patient.

(e) “Related institution” does not include a domiciliary care home that is operated independent of any other related institution.
Md. Code, Health - General § 19-319 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-319
§19–319.
Status: in_force

(a) To qualify for a license, an applicant and the hospital or related institution to be operated shall meet the requirements of this section.

(b) An applicant who is an individual, and any individual who is applying on behalf of a corporation, association, or government agency shall be:

(1) At least 18 years old; and

(2) Of reputable and responsible character.

(c) (1) The applicant shall have a certificate of need, as required under Subtitle 1 of this title, for the hospital, residential treatment center, or related institution to be operated.

(2) The hospital, residential treatment center, or related institution to be operated shall meet the requirements that the Secretary adopts under this subtitle and Subtitle 12 of this title.

(d) (1) As a condition of licensure, each hospital shall establish a utilization review program for all patients admitted to the hospital. The utilization review program:

(i) May be conducted by an independent, nonhospital-affiliated review agent;

(ii) Shall be performed by registered nurses, medical records technicians, or similar qualified personnel supported and supervised by physicians as may be required;

(iii) Shall be certified by the Secretary if the program meets the minimum standards established under paragraph (4) of this subsection; and

(iv) Shall be recertified by the Secretary if the hospital makes any changes to the program after the initial certification.

(2) Any change made to a certified utilization review program shall be reported to the Secretary by the hospital within 30 days of the date the change was made.

(3) If a hospital fails to provide the utilization review program required under this subsection, the Secretary may impose the following penalties:

(i) Delicensure of hospital; or

(ii) $500 per day for each day the violation continues.

(4) The Secretary shall, by regulation and in consultation with health care providers and payors, establish minimum standards for a utilization review program, directed at appropriateness and quality of inpatient care, as enumerated in the following items:

(i) Preadmission review of elective admissions;

(ii) Postadmission review of emergency admissions;

(iii) Concurrent or retrospective review of all admissions as appropriate;

(iv) Preauthorization of certain selected procedures if proposed to be performed on an inpatient basis;

(v) Continued stay review based on recognized objective criteria;

(vi) Discharge planning review; and

(vii) Readmission review.

(5) A patient may not be charged for any days disallowed as a result of retrospective review under paragraph (4) of this subsection unless the patient refuses to leave the hospital when it is medically appropriate to do so and the disallowed days occur:

(i) After the hospital has notified the patient in writing of the potential disallowance; or

(ii) As a direct result of the noncompliance by the patient to treatment or hospital regulations.

(6) A hospital shall be exempt from requiring a utilization review program for a patient if:

(i) 1. The patient is insured by a third-party payor; and

2. The third-party payor has a utilization review program for its subscribers or beneficiaries which meets the minimum standards as adopted in paragraph (4) of this subsection; or

(ii) The patient is a subscriber or member of a health maintenance organization as defined in § 19-701 of this title.

(7) Where federal regulations or guidelines for a federally mandated utilization review program for federally insured patients differ from standards established under paragraph (4) of this subsection, the Secretary may waive a specific standard if the program achieves the same objectives as the standards established by the Secretary.

(8) The Secretary may establish record keeping and reporting requirements:

(i) To evaluate the effectiveness of hospitals’ utilization review programs; and

(ii) To determine if the utilization review programs are in compliance with the provisions of this section and regulations adopted by the Secretary to administer this section.

(e) (1) (i) In this subsection the following words have the meanings indicated.

(ii) 1. “Telemedicine” means the use of interactive audio, video, or other telecommunications or electronic technology by a physician in the practice of medicine outside the physical presence of the patient.

2. “Telemedicine” does not include:

A. An audio–only telephone conversation between a physician and a patient;

B. An electronic mail message between a physician and a patient; or

C. A facsimile transmission between a physician and a patient.

(iii) “Uniform standard credentialing form” means:

1. The form designated by the Secretary through regulation for credentialing physicians who seek to be employed by or have staff privileges at a hospital; or

2. The uniform credentialing form that the Insurance Commissioner designates under § 15–112.1 of the Insurance Article.

(2) As a condition of licensure, each hospital shall:

(i) Establish a credentialing process for the physicians who are employed by or who have staff privileges at the hospital; and

(ii) Use the uniform standard credentialing form as the initial application of a physician seeking to be credentialed.

(3) Use of the uniform standard credentialing form does not preclude a hospital from requiring supplemental or additional information as part of the hospital’s credentialing process.

(4) (i) The Secretary shall, by regulation and in consultation with hospitals, physicians, interested community and advocacy groups, and representatives of the Maryland Defense Bar and Plaintiffs’ Bar, establish minimum standards for a credentialing process which shall include:

1. A formal written appointment process documenting the physician’s education, clinical expertise, licensure history, insurance history, medical history, claims history, and professional experience;

2. A requirement that an initial appointment to staff not be complete until the physician has successfully completed a probationary period; and

3. Subject to subparagraph (ii) of this paragraph, a formal, written reappointment process to be conducted in accordance with standards of the accreditiation body that accredits a hospital.

(ii) The reappointment process established under subparagraph (i)3 of this paragraph shall document the physician’s pattern of performance by analyzing:

1. Claims filed against the physician;

2. Data dealing with utilization, quality, and risk;

3. Clinical skills;

4. Adherence to hospital bylaws, policies, and procedures;

5. Compliance with continuing education requirements;

6. Mental and physical status; and

7. The results of the practitioner performance evaluation process under subsection (i) of this section.

(5) If requested by the Department, a hospital shall provide documentation that, prior to employing or granting privileges to a physician, the hospital has complied with the requirements of this subsection and that, prior to renewing employment or privileges, the hospital has complied with the requirements of this subsection.

(6) Notwithstanding any other provision of this subsection, in its credentialing and privileging process for a physician who provides medical services to patients at the hospital only through telemedicine from a distant–site hospital or distant–site telemedicine entity, a hospital may rely on the credentialing and privileging decisions made for the physician by the distant–site hospital or distant–site telemedicine entity, as authorized under 42 C.F.R. Part 482, if:

(i) The physician who provides medical services through telemedicine holds a license to practice medicine in the State issued under Title 14 of the Health Occupations Article; and

(ii) The credentialing and privileging decisions with respect to the physician who provides medical services through telemedicine are:

1. Approved by the medical staff of the hospital; and

2. Recommended by the medical staff of the hospital to the hospital’s governing body.

(7) If a hospital fails to establish or maintain a credentialing process required under this subsection, the Secretary may impose the following penalties:

(i) Delicensure of the hospital; or

(ii) $500 per day for each day the violation continues.

(f) As a condition of licensure, each accredited and nonaccredited hospital shall develop a protocol for the procurement of organs and tissues.

(g) (1) As a condition of licensure, each hospital shall establish a risk management program.

(2) The Secretary shall, by regulation and in consultation with hospitals, physicians, interested community and advocacy groups, and representatives of the Maryland Defense Bar and Plaintiffs’ Bar establish minimum standards for a risk management program which shall include:

(i) A board policy statement indicating commitment to the risk management program;

(ii) A requirement that one person be assigned the responsibility for coordinating the program;

(iii) An internal staff committee structure to conduct ongoing review and evaluation of risk management activities;

(iv) A formal written program for addressing patient complaints;

(v) A documented facility-wide risk reporting system;

(vi) Ongoing risk management education programs for all staff; and

(vii) Documentation that the risk management and quality assurance programs share relevant information.

(3) If a hospital fails to establish or maintain a risk management program required under this subsection, the Secretary may impose the following penalties:

(i) Delicensure of the hospital; or

(ii) $500 per day for each day the violation continues.

(h) (1) As a condition of licensure, each hospital and related institution shall:

(i) Adopt, implement, and enforce a policy that requires, except in an emergency life-threatening situation where it is not feasible or practicable, all employees and medical staff involved in patient care services to comply with the Centers for Disease Control and Prevention guidelines on universal precautions; and

(ii) Display the notice developed under § 1-207 of the Health Occupations Article at the entrance to the hospital or related institution.

(2) If a hospital or related institution fails to comply with the requirements of this subsection, the Secretary may impose a fine of up to $500 per day per violation for each day a violation continues.

(i) (1) As a condition of licensure, each hospital shall establish a practitioner performance evaluation process that objectively evaluates the performance of each member of the medical staff at the hospital.

(2) The practitioner performance evaluation process shall include a review of care provided to patients at the hospital by the members of the medical staff.

(3) The review of care shall:

(i) Be undertaken for cases chosen at random and for cases with unexpected adverse outcomes;

(ii) Be based on objective review standards;

(iii) Include a review of the appropriateness of the plan of care for the patient, particularly any medical procedures performed on the patient, in relation to the patient’s condition; and

(iv) Be conducted by members of the medical staff or, at the discretion of the hospital, external reviewers, who:

1. Are of the same specialty as the member of the medical staff under review;

2. Have been trained to perform practitioner performance evaluation; and

3. Are not otherwise associated with the case under review.

(4) A hospital shall take into account the results of the practitioner performance evaluation process for a member of the medical staff in the reappointment process established under subsection (e) of this section.

(5) If a hospital fails to comply with the requirements of this subsection, the Secretary may impose a fine of up to $500 per day per violation for each day a violation continues.

(j) (1) The Department, in coordination with the Maryland Institute for Emergency Medical Services Systems, shall adopt regulations establishing minimum perinatal care standards that meet or exceed the Maryland Perinatal System Standards for each hospital that provides obstetrical services.

(2) Each hospital that provides obstetrical services shall comply with the perinatal care standards established by the regulations adopted under paragraph (1) of this subsection as a condition of licensure.
Md. Code, Insurance § 19-1005 — MD Code / Article gin / Title 19 / Subtitle 10 / Section 19-1005
§19–1005.
Status: in_force

The Commissioner may adopt regulations to carry out this subtitle.
Md. Code, Health Occupations § 19-401 — MD Code / Article gho / Title 19 / Subtitle 4 / Section 19-401
§19–401.
Status: in_force

(a) Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice social work in this State while representing oneself to be a social worker unless licensed by the Board.

(b) Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice clinical social work in this State unless licensed by the Board as a certified social worker-clinical.
Md. Code, Local Government § 19-219 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-219
§19–219.
Status: in_force

(a) (1) Except for the provisions of this section, each governmental entity shall comply with the provisions, requirements, and limitations in the enabling act.

(2) If a governmental entity is unable to sell bonds to pay the bond anticipation notes under this part when due because of an interest rate limitation in the enabling act, the governmental entity may:

(i) issue bonds in a total principal amount sufficient to pay the principal of and not more than 1 year’s interest on the notes; and

(ii) provide for payment of interest on the bonds at a rate that is higher than the interest rate limitation in the enabling act.

(3) This section is supplemental authority for a governmental entity to issue bonds free of an interest rate limitation to pay outstanding bond anticipation notes under this part.

(b) The ordinance, resolution, or other form of official action that authorizes the issuance of bonds under subsection (a)(2) of this section shall refer to:

(1) the enabling act; and

(2) this section.
Md. Code, Education § 19-107 — MD Code / Article ged / Title 19 / Subtitle 1 / Section 19-107
§19–107.
Status: in_force

(a) The exercise of the powers granted by the provisions of this title shall be for the benefit of the people of the State, for the increase of their education and prosperity, and for the improvement of their health, living conditions, and general welfare.

(b) The operation and maintenance of auxiliary or academic facilities by a system constitutes the performance of essential governmental functions.

(c) A system may not be required to pay any taxes or assessments upon any building or buildings or any property, real, personal, or mixed, acquired or used under the provisions of this title or upon the income therefrom.

(d) Bonds issued under the provisions of this title, their transfer and income, including any profit made on their sale, are free from taxation by the State or by any of its political subdivisions, or by any town or incorporated municipality or any other public agency within the State.
Md. Code, Business Regulation § 19-201 — MD Code / Article gbr / Title 19 / Subtitle 2 / Section 19-201
§19–201.
Status: in_force

In this subtitle, “organization” means an incorporated or unincorporated society, association, organization, lodge, order, fraternal society, beneficial association, fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, degree, branch, subordinate lodge, or auxiliary.
Md. Code, Local Government § 19-906 — MD Code / Article glg / Title 19 / Subtitle 9 / Section 19-906
§19–906.
Status: in_force

(a) The proceeds of pension liability funding bonds may be deposited, in amounts determined by the county or municipality, in trust with a trust company or other banking institution as trustee, in a trust fund established in the name of the county or municipality.

(b) Money in the trust fund may be invested and reinvested in any taxable or tax–exempt securities, obligations, or other investments and at any yields that are determined by the county or municipality to be consistent with the purposes for which the pension liability funding bonds were issued and with the financial plan of the county or municipality.

(c) The interest, income, and profits earned or realized on any investment may be:

(1) applied to the payment of a portion of the benefits under the pension or retirement plan or system to be funded;

(2) applied to the payment of the pension liability funding bonds; or

(3) otherwise applied in any lawful manner.

(d) Money in the trust fund shall be available to pay:

(1) the benefits under the pension or retirement plan or system being funded;

(2) the pension liability funding bonds; and

(3) any other related costs, as the county or municipality requires.
Md. Code, Insurance § 19-1004 — MD Code / Article gin / Title 19 / Subtitle 10 / Section 19-1004
§19–1004.
Status: in_force

(a) Except as otherwise provided in this section, a person offering travel insurance to residents of the State is subject to Title 27 of this article.

(b) It is an unfair trade practice under Title 27 of this article for a person to offer or sell a travel insurance policy that could never result in payment of any claim for any insured under the policy.

(c) (1) Documents provided to a consumer before the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance.

(2) If a travel insurance policy or certificate contains a preexisting condition exclusion, information and an opportunity to learn more about the preexisting condition exclusion shall be provided any time before the time of purchase and in the travel protection plan’s fulfillment material.

(3) (i) An insurer shall provide a policyholder or certificate holder at least 10 days after the later of the date of purchase of a travel protection plan or the policyholder’s or certificate holder’s receipt, either by physical or electronic means, of the travel protection plan’s fulfillment material to review and, if desired, cancel the policy or certificate.

(ii) If the policyholder or certificate holder cancels the policy or certificate within the time period under subparagraph (i) of this paragraph, the insurer shall provide the policyholder or certificate holder a full refund of the travel protection plan price unless the insured has started the covered trip or filed a claim under the travel insurance coverage.

(4) (i) The fulfillment material shall disclose whether the travel insurance is primary or secondary to other applicable coverage.

(ii) Travel insurance is not subject to coordination of benefits for health insurance coverage.

(5) Subject to § 10–122 of this article, an action may not be deemed an unfair trade practice in violation of Title 27 of this article or other violation of law if:

(i) travel insurance is marketed directly to a consumer through an insurer’s website or by another person through an aggregator site;

(ii) the insurer’s website or aggregator site provides an accurate summary or short description of travel insurance coverage; and

(iii) the consumer has access to the full provisions of the travel insurance policy through electronic means.

(d) A person offering or selling travel insurance or a travel protection plan may not offer or sell the travel insurance or travel protection plan on an individual or group basis by using a negative option or an opt out provision that requires a consumer to take an affirmative action to refuse coverage, including unchecking a box on an electronic form, when the consumer purchases a trip.

(e) It is not an unfair trade practice under Title 27 of this article for a person to include blanket travel insurance with the purchase of a trip if the blanket travel insurance is not marketed as free of charge.
Md. Code, Health - General § 19-346 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-346
§19–346.
Status: reserved

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

(2) “Abuse of funds” means using the assets or income of a resident:

(i) Against the express wish of the resident, if the expenditure was not necessary for the direct and immediate benefit and welfare of the resident; or

(ii) For the use or benefit of a person other than the resident if the expenditure is not also for the direct and immediate benefit of the resident or consistent with an express wish and past behavior of the resident.

(3) “Bank” means a bank, trust company, savings bank, or savings and loan association that:

(i) Is authorized to do business in this State; and

(ii) Is insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the State of Maryland Deposit Insurance Fund Corporation.

(4) “Facility” means:

(i) A hospital that is classified as a special hospital; or

(ii) A related institution.

(b) This section provides rights and remedies in addition to, and not in derogation of, any right or remedy that a resident of a facility has under any other law.

(c) Each resident of a facility may:

(1) Keep control over personal financial transactions unless:

(i) A court adjudicates the resident as a disabled person, in accordance with Title 13 of the Estates and Trusts Article; or

(ii) The Social Security Administration designates a representative payee to receive the Social Security funds for the use and benefit of the resident; and

(2) Choose any person, including the administrator of the facility or a designee of the administrator, to handle the financial transactions.

(d) (1) Each facility shall have adequate safeguards for property of a resident that is entrusted to the facility.

(2) (i) A facility to which money is entrusted shall deposit the money in an account if the facility cannot keep the money safely.

(ii) If the facility is operated by a State, county, or municipal agency and one resident entrusts more than $300 to the facility, the facility shall deposit the amount in excess of $300.

(iii) If the facility is operated by a person other than a State, county, or municipal agency and one resident entrusts more than $100 to the facility, the facility shall deposit the amount in excess of $100.

(iv) If the total amount of money that is entrusted to the facility by its residents exceeds $50 per resident, the facility shall deposit the amount in excess of $50 per resident or $1,000, whichever is less.

(3) A facility that is a related institution caring for individuals and whose administrator or bookkeeper has control over or access to the funds of a resident of the facility shall provide, as determined by the Department, either:

(i) A bond in an amount the Department requires;

(ii) A letter of credit equal to 3 times the average yearly balance of funds of all residents of the facility; or

(iii) Self–insurance if the net worth of the facility is at least 3 times the average yearly balance of funds of all residents of the facility.

(e) (1) A facility shall keep the accounts of its residents separate from the accounts of the facility.

(2) A facility that is operated by a person other than a State, county, or municipal agency shall:

(i) Establish a separate account with a bank in the name of each resident who entrusts more than $100 to the facility; and

(ii) Deposit other money that the facility is required to deposit, in either:

1. A separate account in the name of the resident; or

2. An account that is designated “General Fund of the Participating Residents of the (name of facility)”.

(3) If the facility is operated by a State, county, or municipal agency, the facility may establish any required accounts with a bank or with the State, county, or municipal treasurer.

(f) (1) The accounts established by facilities shall be interest bearing accounts.

(2) All interest on money of a resident shall be credited to the resident.

(3) The State Treasurer or a county or municipal treasurer shall:

(i) Credit interest to the total account at a rate that equals the average interest rate on short term investments of the government; and

(ii) Allocate the interest among each resident participating in the account in proportion to the resident’s participation in the total account.

(g) (1) A resident may get money as follows:

(i) If the facility has the money in possession, during the business hours of the facility; or

(ii) If a bank or the State or a county or municipal treasurer holds the money, within 3 banking days.

(2) A resident may give a licensed employee of the facility a limited power of attorney for the account of the resident. The Department shall prescribe the form to be used for this limited power of attorney.

(h) A facility may:

(1) Include in its operating costs the cost of establishing and servicing accounts for private, State, and federally funded residents; and

(2) Recover the cost through a daily or monthly charge for care or as provided in rules or regulations that the Secretary of Health and Human Services adopts under the Social Security Act.

(i) (1) A facility:

(i) Shall make an accounting of money of a resident to the resident or personal representative of the resident; and

(ii) In accordance with Department rules and regulations:

1. Shall keep, at the facility, records of all transactions with money of residents; and

2. Shall be subject to audit.

(2) Each facility that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility shall:

(i) Have a monthly accounting available for inspection; and

(ii) Provide a quarterly statement on money of a resident:

1. To the resident; or

2. To a person exercising the right of the resident under § 19–344(r) of this subtitle.

(j) (1) If a facility discharges a resident, the facility shall:

(i) Return, on demand, the money of the resident that the facility has in possession to the resident or a designee of the resident if the resident or designee signs a receipt; and

(ii) Make the money of the resident in an account with a bank or the State, county, or municipal treasurer available to the resident or designee within 3 banking days.

(2) (i) This paragraph does not apply to a resident who is transferred temporarily to an acute care facility.

(ii) If a facility discharges a resident and the facility is the representative payee of the resident, the facility shall:

1. Promptly seek designation of a new representative payee; and

2. Transfer all money of the resident to the new representative payee.

(k) (1) If a resident has been absent from a facility for 1 year, the facility shall make reasonable attempts to find the resident or the personal representative or heirs of the resident to turn over the property of the resident unless the resident or the attending physician of the resident gives the facility written notice that the resident:

(i) Is expected to be readmitted to the facility; and

(ii) Wants the facility to continue to hold the property.

(2) All property and any income from property that a facility holds for a discharged or deceased resident are presumed abandoned in accordance with Title 17 of the Commercial Law Article, if the property and income are not claimed by the resident, personal representative, or heir within 1 year.

(l) (1) If the ownership of a facility changes, the transferor shall give the transferee a certified written audit of all funds that residents have entrusted to the facility.

(2) The transferee shall give to the transferor a signed receipt acknowledging the receipt of the accounts.

(m) A resident is not liable for any act or omission of the facility concerning the finances of the facility or the resident.

(n) (1) A person, including the legal representative of the resident, may not use the assets or income of a resident for any purpose that is not authorized by the resident, a designee, or a legal representative, including a representative payee of the resident.

(2) (i) A person may make a written or oral complaint if the person believes that there has been an abuse of funds.

(ii) The complaint shall set forth each reason for the belief that there has been an abuse of funds and any facts that the complainant has to support the complaint.

(iii) The complaint shall be made:

1. To the local department of social services for the county where the facility is located; or

2. If the patient is 65 years old or older, to the Secretary of Aging.

(3) The recipient of the complaint shall:

(i) Immediately give the administrator of the facility written notice of the complaint, unless the administrator is the alleged abuser and the recipient believes that the notice would affect an investigation adversely;

(ii) Investigate the complaint, as appropriate; and

(iii) Give the alleged abuser specific notice of the alleged abuse and an opportunity to reply to the charges stated in the complaint.

(4) On request of the Secretary of Aging or the local department of social services, a State’s Attorney shall help in the investigation.

(5) If, after the completion of an investigation, there is probable cause to believe that there has been an abuse of funds, the Secretary of Aging or the local department of social services may:

(i) Refer the matter to the State’s Attorney for appropriate action; and

(ii) On behalf of the resident, bring suit to recover the misused money, costs, and attorney’s fees.

(6) A person who acts in good faith is not civilly or criminally liable for:

(i) Making a complaint under this subsection;

(ii) Participating in an investigation arising out of a complaint under this subsection; or

(iii) Participating in a judicial proceeding arising out of a report under this subsection.

(o) (1) If there is an abuse of funds, a person who misused the money is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.

(2) Any person who violates another provision of this section is subject to a fine of $10,000.
Md. Code, Health - General § 19-308.11 — MD Code / Article ghg / Title 19 / Subtitle 3 / Section 19-308.11
§19–308.
Status: in_force

§19–308.11.

(a) In this section, “medication for opioid use disorder”:

(1) Means a drug approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder; and

(2) Does not include a drug administered to mitigate opioid–related overdose symptoms.

(b) Each hospital shall establish and maintain, as part of its emergency services, protocols and capacity to:

(1) Provide to a patient before discharging the patient appropriate, evidence–based interventions that reduce the risk of subsequent harm and fatality following an opioid–related overdose or a visit for an opioid–related emergency medical condition;

(2) Possess at least one formulation of each U.S. Food and Drug Administration–approved full opioid agonist and partial opioid agonist used for the treatment of opioid use disorder; and

(3) Treat a patient who presents in a hospital emergency department for care and treatment of an opioid–related overdose or opioid–related emergency medical condition with a medication for opioid use disorder if the treatment:

(i) Occurs as recommended by the treating health care practitioner; and

(ii) Is voluntarily agreed to by the patient.

(c) A protocol established by a hospital under this section shall include:

(1) Any requirement by the Department regarding prescribing opioid agonist treatment;

(2) Uniform practices for screening and diagnosing individuals who present with an opioid–related overdose or opioid–related emergency medical condition for an opioid use disorder based on the criteria in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders;

(3) Uniform practices for offering and administering opioid agonist medication to treat an opioid–related overdose or opioid use disorder; and

(4) Uniform practices to identify community–based treatment services that are appropriate for:

(i) Treating opioid use disorders; and

(ii) Assisting patients to voluntarily access ongoing community–based treatment at discharge.

(d) Before discharging a patient who is diagnosed with an opioid use disorder or administered or prescribed medication for opioid use disorder, a hospital shall:

(1) Make a referral of the patient to an appropriate provider or facility for a timely appointment, when possible, to voluntarily continue treatment in the community; and

(2) Work with peer support professionals, as available, or other resources to assist the patient in accessing the identified treatment services.
Md. Code, Alcoholic Beverages and Cannabis § 19-102 — MD Code / Article gab / Title 19 / Subtitle 1 / Section 19-102
§19–102.
Status: in_force

This title applies only in Dorchester County.
Md. Code, Health - General § 19-4B-03 — MD Code / Article ghg / Title 19 / Subtitle 4B / Section 19-4B-03
§19–4B–03.
Status: in_force

(a) (1) A nursing referral service agency may receive a fee or other compensation for providing its services.

(2) A contractual arrangement may provide that a nursing referral service agency is not responsible for paying any part of the compensation to the licensed health care professionals or care providers that the nursing referral service agency screens or refers to clients.

(3) A nursing referral service agency may provide administrative assistance.

(b) A nursing referral service agency shall:

(1) Obtain a license from the Department prior to operating as a nursing referral service agency;

(2) Develop and implement a procedure to screen licensed health professionals and care providers that includes the following:

(i) In accordance with subsection (c) of this section:

1. A State criminal history records check; or

2. A private agency background check;

(ii) Verification of current licensure or certification under the Health Occupations Article;

(iii) A basic health screening, including a tuberculosis screening;

(iv) Verification of references;

(v) Verification of employment history;

(vi) Completion of I-9 forms; and

(vii) An in-person interview of a licensed health professional and care provider before any referral of the individual is made to a client;

(3) Institute an internal client complaint investigation process that includes:

(i) Notice to the client or client’s representative of the complaint process; and

(ii) Protocols to investigate complaints;

(4) Provide notice to clients of the Department’s complaint hotline number for complaints about the services provided by an individual referred by the nursing referral service agency; and

(5) Allow clients to accept or reject, at their discretion, any licensed health professional or care provider referred by the nursing referral service agency.

(c) (1) For each licensed health professional and care provider, a nursing referral service agency shall:

(i) Apply to the Central Repository for a State criminal history records check; or

(ii) Request a private agency to conduct a background check.

(2) (i) As part of the application for a criminal history records check, the nursing referral service agency shall submit to the Central Repository:

1. Two complete sets of legible fingerprints of the licensed health professional or care provider taken on forms approved by the Director of the Central Repository; and

2. The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

(ii) In accordance with §§ 10-201 through 10-228 of the Criminal Procedure Article, the Central Repository shall forward to the licensed health professional or care provider and the nursing referral service agency a printed statement listing the criminal convictions of the licensed health professional or care provider.

(iii) Information obtained from the Central Repository under this subsection:

1. Is confidential and may not be redisseminated; and

2. May be used only for the screening purpose authorized by this subsection.

(iv) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

(3) If a nursing referral service agency requests a private agency to conduct a background check:

(i) The private agency shall:

1. Conduct a background check in each state in which the nursing referral service agency knows or has reason to know the licensed health professional or care provider worked or resided during the past 7 years; and

2. Issue a statement of its findings to:

A. On request, the licensed health professional or care provider; and

B. The nursing referral service agency; and

(ii) The licensed health professional or care provider shall have an opportunity to contest the findings.
Md. Code, Health - General § 19-705.8 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705.8
§19–705.
Status: in_force

§19–705.8.

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

(2) “HMO Quality Assurance Unit” means the Health Maintenance Organization (HMO) Quality Assurance Unit in the Department.

(3) “Quality Assurance Medical Director” means the Medical Director of the HMO Quality Assurance Unit.

(b) There is a Health Maintenance Organization (HMO) Quality Assurance Unit in the Department.

(c) (1) The Secretary shall appoint the Quality Assurance Medical Director.

(2) The Quality Assurance Medical Director shall:

(i) Be a physician who is licensed in the State;

(ii) Be board certified in at least one specialty;

(iii) Have experience in primary care and administrative medicine; and

(iv) Have broad knowledge of health maintenance organizations and managed care organizations.

(3) The Quality Assurance Medical Director is entitled to the compensation provided in the State budget.

(4) Subject to the authority vested in the Secretary by law, the Quality Assurance Medical Director is in charge of and responsible for the clinical operations of the HMO Quality Assurance Unit.

(5) In accordance with the State budget the Secretary may employ staff for the HMO Quality Assurance Unit.

(d) The HMO Quality Assurance Unit shall:

(1) Enforce all requirements established under §§ 19-705 and 19-705.1 of this subtitle and the regulations adopted under these provisions regarding the quality of health care provided by a health maintenance organization; and

(2) Investigate quality of care complaints referred to the Secretary under § 19-705.2(b)(3) of this subtitle.

(e) The Quality Assurance Medical Director shall:

(1) Determine whether a health maintenance organization meets the requirements established under §§ 19-705 and 19-705.1 of this subtitle and the regulations adopted under these provisions regarding the quality of health care provided by a health maintenance organization; and

(2) Make recommendations to the Secretary for corrective action necessary to meet these requirements.

(f) If the Secretary agrees with a determination made by the Quality Assurance Medical Director that a health maintenance organization does not meet the requirements established under §§ 19-705 and 19-705.1 of this subtitle or the regulations adopted under these provisions regarding the quality of health care provided by a health maintenance organization, the Secretary may issue an order under § 19-731 of this subtitle.
Md. Code, Insurance § 19-109 — MD Code / Article gin / Title 19 / Subtitle 1 / Section 19-109
§19–109.
Status: in_force

On or after January 1, 1972, an authorized insurer may not issue or deliver a policy or contract of bodily injury liability insurance on a motor vehicle that is principally garaged or principally used in the State when the policy or contract is issued or delivered if:

(1) the policy or contract contains a representation that the authorized insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to the insured or another individual covered by the policy or contract; and

(2) the authorized insurer retains the right of subrogation to recover from a third party any amount paid under the policy or contract on behalf of the injured individual.
Md. Code, Health - General § 19-3B-05 — MD Code / Article ghg / Title 19 / Subtitle 3B / Section 19-3B-05
§19–3B–05.
Status: in_force

A license does not entitle the licensee to an exemption from other provisions of law relating to:

(1) The review and approval of hospital rates and charges by the Health Services Cost Review Commission; or

(2) The review and approval of new services or facilities by the Maryland Health Care Commission.
Md. Code, Health Occupations § 19-302 — MD Code / Article gho / Title 19 / Subtitle 3 / Section 19-302
§19–302.
Status: in_force

(a) To obtain a license, an applicant shall demonstrate to the satisfaction of the Board that the applicant:

(1) Has submitted a complete written application in the form prescribed by the Board;

(2) Is at least 18 years old;

(3) Is of good moral character;

(4) Except as otherwise provided in this title, has successfully passed an examination or examinations prescribed by the Board pertinent to the license sought;

(5) Has paid all applicable fees specified by the Board;

(6) Has completed a criminal history records check in accordance with § 19–302.2 of this subtitle at the applicant’s expense; and

(7) Has submitted to an examination if required under § 19–302.3 of this subtitle.

(b) To obtain a bachelor social worker license, an applicant shall:

(1) Meet the requirements of subsection (a) of this section; and

(2) Have received a baccalaureate degree in social work from a program that is accredited or is a candidate for accreditation by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education.

(c) To obtain a master social worker license, an applicant shall:

(1) Meet the requirements of subsection (a) of this section; and

(2) Have received a master’s degree from a program that is accredited or is a candidate for accreditation by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education.

(d) Except as provided in § 19–302.1 of this subtitle, to obtain a certified social worker license, on or before December 31, 2023, an applicant shall:

(1) Meet the requirements of subsection (a) of this section;

(2) Have received a master’s degree from a program accredited by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education; and

(3) Provide in a form prescribed by the Board, documentation of having completed 2 years as a licensee with supervised experience of at least 3,000 hours after receiving the master’s degree with a minimum of 100 hours of periodic face–to–face supervision in the practice of social work under the terms and conditions that the Board determines by regulation.

(e) Except as provided in § 19–302.1 of this subtitle, to obtain a certified social worker–clinical license, an applicant shall:

(1) Meet the requirements of subsection (a) of this section;

(2) Have received a master’s degree in social work and documentation of completion of 12 academic credits in clinical course work from a program accredited by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education, with a minimum of 6 of the 12 academic credits obtained in a master’s degree program; and

(3) Provide in a form prescribed by the Board, documentation of having completed 2 years as a licensee with supervised experience of at least 3,000 hours, of which 1,500 hours are in face–to–face client contact, after receiving the master’s degree with a minimum of 100 hours of periodic face–to–face supervision in the assessment, formulation of a diagnostic impression, and treatment of behavioral health disorders and other conditions and the provision of psychotherapy under the terms and conditions that the Board determines by regulation.

(f) (1) (i) Except as provided in paragraph (2) of this subsection, to obtain approval by the Board to engage in independent practice, a licensed bachelor social worker or a licensed master social worker shall submit to the Board:

1. An application in the form prescribed by the Board;

2. All applicable fees specified by the Board; and

3. Documentation in a form prescribed by the Board of having completed at least 3 years as a licensee with supervised experience of at least 4,500 hours after receiving the baccalaureate or master’s degree with a minimum of 150 hours of periodic face–to–face supervision under the terms and conditions that the Board determines by regulation.

(ii) If the Board determines that a licensed bachelor social worker or a licensed master social worker who applies to the Board to engage in the practice of independent practice has not completed the supervised experience as required under paragraph (1)(i)3 of this subsection, the Board may:

1. Reject the application for independent practice; and

2. Require the licensed bachelor social worker or the licensed master social worker to continue to work under supervision as required by the Board for an additional 1,500 hours before reapplying.

(2) The Board shall approve an individual to engage in independent practice if the individual:

(i) Submits to the Board:

1. An application in the form prescribed by the Board; and

2. All applicable fees specified by the Board;

(ii) On or before January 1, 2008, was licensed by the Board as a licensed bachelor social worker or a licensed graduate social worker; and

(iii) Has actively practiced bachelor social work, actively practiced graduate social work, or actively practiced master social work for at least 10 years.

(3) Nothing in this subsection may be construed to prohibit an individual licensed by the Board on or before January 1, 2008, as a licensed bachelor social worker or a licensed graduate social worker and who does not meet the conditions listed under paragraph (2) of this subsection from applying or qualifying to obtain approval by the Board to engage in independent practice under paragraph (1) of this subsection.

(4) Nothing in this subsection may be construed to prohibit an employer from requiring supervision of a licensed bachelor social worker or a licensed master social worker who is approved to engage in independent practice under this subsection.

(5) The Board shall approve a licensee to provide supervision, in accordance with regulations adopted by the Board, if the licensee:

(i) Is a licensed bachelor social worker or a licensed master social worker approved to engage in independent practice under this subsection;

(ii) Meets the education and training requirements for supervision established by the Board; and

(iii) Has actively practiced social work for at least 5 years under the category of license that the licensee holds, regardless of whether the licensee was approved by the Board to engage in independent practice.
Md. Code, Health - General § 19-134 — MD Code / Article ghg / Title 19 / Subtitle 1 / Section 19-134
§19–134.
Status: in_force

(a) (1) In order to more efficiently establish a medical care data base under § 19–133 of this subtitle, the Commission shall establish standards for the operation of one or more medical care electronic claims clearinghouses in Maryland and may license those clearinghouses meeting those standards.

(2) In adopting regulations under this subsection, the Commission shall consider appropriate national standards.

(3) The Commission may limit the number of licensed claims clearinghouses to assure maximum efficiency and cost effectiveness.

(4) The Commission, by regulation, may charge a reasonable licensing fee to operate a licensed claims clearinghouse.

(5) Health care practitioners in Maryland, as designated by the Commission, shall submit, and payors of health care services in Maryland as designated by the Commission shall receive claims for payment and any other information reasonably related to the medical care data base electronically in a standard format as required by the Commission whether by means of a claims clearinghouse or other method approved by the Commission.

(6) The Commission shall establish reasonable deadlines for the phasing in of electronic transmittal of claims from those health care practitioners designated under paragraph (5) of this subsection.

(7) As designated by the Commission, payors of health care services in Maryland and Medicaid and Medicare shall transmit explanations of benefits and any other information reasonably related to the medical care data base electronically in a standard format as required by the Commission whether by means of a claims clearinghouse or other method approved by the Commission.

(b) The Commission may collect the medical care claims information submitted to any licensed claims clearinghouse for use in the data base established under § 19–133 of this subtitle.

(c) (1) The Commission shall:

(i) Establish and implement a system to comparatively evaluate the quality of care and performance of categories of health benefit plans as determined by the Commission on an objective basis; and

(ii) Annually publish the summary findings of the evaluation.

(2) The purpose of the evaluation system established under this subsection is to assist carriers to improve care by establishing a common set of quality and performance measurements and disseminating the findings to carriers and other interested parties.

(3) The system, where appropriate, shall:

(i) Solicit performance information from enrollees of health benefit plans;

(ii) Establish and incorporate a standard set of measures regarding racial and ethnic variations in quality and outcomes; and

(iii) Include information on the actions taken by carriers to track and reduce health disparities, including whether the health benefit plan provides culturally appropriate educational materials for its members.

(4) (i) The Commission shall adopt regulations to establish the system of evaluation provided under this subsection.

(ii) Before adopting regulations to implement an evaluation system under this subsection, the Commission shall consider recommendations of nationally recognized organizations that are involved in quality of care and performance measurement.

(iii) In implementing paragraph (3)(ii) and (iii) of this subsection, the Commission shall consult with appropriate stakeholders, including at least one representative of a carrier that does business predominantly in the State and a carrier that does business in the State and nationally, to determine national standards for evaluating the effectiveness of carriers in addressing health disparities and to fulfill the purposes of paragraph (3)(ii) and (iii) of this subsection in a manner that can be easily replicated in other states.

(5) The Commission may contract with a private, nonprofit entity to implement the system required under this subsection provided that the entity is not an insurer.

(6) The annual evaluation summary required under paragraph (1) of this subsection shall include to the extent feasible information on racial and ethnic variations.

(d) (1) The Commission, in consultation with the Maryland Department of Health and the Department of Aging, shall:

(i) On or before July 1, 2001, develop and implement a system to comparatively evaluate the quality of care and performance of nursing facilities on an objective basis; and

(ii) Annually publish the summary findings of the evaluation.

(2) (i) The purpose of the comparative evaluation system established under this subsection is to improve the quality of care provided by nursing facilities by establishing a common set of performance measures and disseminating the findings of the comparative evaluation to nursing facilities, consumers, and other interested parties.

(ii) In developing the comparative evaluation system, the Commission shall consider the health status of the population served.

(3) (i) The system, as appropriate, shall solicit performance information from consumers and their families.

(ii) On or before October 1, 2007, to the extent feasible, the system shall incorporate racial and ethnic variations.

(4) The Commission may adopt regulations to establish the comparative evaluation system provided under this subsection.

(e) (1) The Commission may:

(i) On or before July 1, 2001, develop and implement a system to comparatively evaluate the quality of care outcomes and performance measurements of hospitals and ambulatory surgical facilities on an objective basis; and

(ii) Annually publish the summary findings of the evaluation.

(2) (i) The purpose of a comparable performance measurement system established under this subsection is to improve the quality of care provided by hospitals and ambulatory surgical facilities by establishing a common set of performance measurements and disseminating the findings of the performance measurements to hospitals, ambulatory surgical facilities, consumers, and interested parties.

(ii) In developing the performance measurement system, the Commission shall consider the geographic location, urban or rural orientation, and teaching or nonteaching status of the hospital and the ambulatory surgical facilities, and the health status of the population served.

(3) (i) The system, where appropriate, shall solicit performance information from consumers.

(ii) On or before October 1, 2007, to the extent feasible, the system shall incorporate racial and ethnic variations.

(4) (i) The Commission may adopt regulations to establish the system of evaluation provided under this subsection.

(ii) Before adopting regulations to implement an evaluation system under this subsection, the Commission shall:

1. Consider the performance measurements of appropriate accreditation organizations, State licensure regulations, Medicare certification regulations, the quality indicator project of the Association of Maryland Hospitals and Health Systems, and any other relevant performance measurements; and

2. Evaluate the desirability and feasibility of developing a consumer clearinghouse on health care information using existing available data.

(5) The Commission may contract with a private entity to implement the system required under this subsection provided that the entity is not a hospital or an ambulatory surgical facility.

(6) (i) The comparable evaluation system established under this subsection shall include health care–associated infection information from hospitals.

(ii) The comparable evaluation system shall adhere, to the extent possible, to the current recommendations of the federal Centers for Disease Control and Prevention (CDC) and the CDC Healthcare Infection Control Practices Advisory Committee regarding public reporting of health care–associated infections.

(f) (1) The Commission shall compile data on:

(i) Racial and ethnic disparities in insurance coverage for low–income, nonelderly individuals;

(ii) The racial and ethnic composition of the physician population compared to the racial and ethnic composition of the State’s population; and

(iii) Morbidity and mortality rates based on race and ethnicity for cardiovascular disease, cancer, diabetes, HIV/AIDS, infant mortality, asthma, and other diseases the Commission identifies.

(2) The Commission shall:

(i) Provide the racial and ethnic information compiled under this subsection to the Office of Minority Health and Health Disparities; and

(ii) Analyze the information jointly with the Office of Minority Health and Health Disparities for publication in the “Health Care Disparities Policy Report Card” required under § 20–1004(22) of this article.

(3) (i) The Commission shall evaluate the feasibility of obtaining information from urban and rural populations in order to identify geographic disparities.

(ii) If the Commission is able to obtain the information described in subparagraph (i) of this paragraph, the Commission shall provide the information to the Office of Minority Health and Health Disparities.

(g) For purposes of this section, the Commission shall collect racial and ethnic information and data that is reasonably collectable from any national, State, or county source that is reasonably available.
Md. Code, Local Government § 19-908 — MD Code / Article glg / Title 19 / Subtitle 9 / Section 19-908
§19–908.
Status: in_force

(a) Pension liability funding bonds, the transfer of the bonds, the interest payable on the bonds, and any income derived from the bonds, including any profit realized in the sale and exchange of the bonds, are exempt from State and local taxes.

(b) This subtitle does not prevent a county or municipality from authorizing the issuance and sale of pension liability funding bonds, the interest on which is not excludable from gross income for federal income tax purposes.
Md. Code, Alcoholic Beverages and Cannabis § 19-804 — MD Code / Article gab / Title 19 / Subtitle 8 / Section 19-804
§19–804.
Status: in_force

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

(b) The license authorizes the license holder to sell beer and wine to a member of a club and a guest of the member, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $250.
Md. Code, Health - General § 19-714 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-714
§19–714.
Status: in_force

Each marketing document that sets forth the health care services of a health maintenance organization shall describe fully and clearly:

(1) The health care services under each benefit package and every other benefit to which a member is entitled;

(2) Where and how services may be obtained;

(3) Each exclusion or limitation on any service or other benefit that it provides;

(4) Each deductible feature;

(5) Each copayment provision; and

(6) All information required by § 15-1206 of the Insurance Article.
Md. Code, Local Government § 19-221 — MD Code / Article glg / Title 19 / Subtitle 2 / Section 19-221
§19–221.
Status: in_force

The following obligations are exempt from State and local taxation:

(1) a bond or grant anticipation note issued under this part;

(2) a bond issued to pay the notes issued under item (1) of this section; and

(3) the interest on the obligations.
Md. Code, Health - General § 19-705 — MD Code / Article ghg / Title 19 / Subtitle 7 / Section 19-705
§19–705.
Status: in_force

(a) (1) The Secretary may adopt rules, regulations, and standards for the quality of health care services provided by a health maintenance organization through its benefit packages.

(2) With the advice of the Department, the Commissioner shall adopt reasonable rules and regulations as necessary to carry out any other provisions of this subtitle.

(b) (1) The Commissioner and the Department shall adopt joint internal procedures to help them work together to carry out their duties under this subtitle.

(2) The joint internal procedures shall establish means by which the Commissioner and the Department may inform each other promptly on matters that affect any health maintenance organization, including:

(i) Any important action, change, or rearrangement that a health maintenance organization may undertake; and

(ii) Any regulatory problem.
Md. Code, Health - General § 19-1810 — MD Code / Article ghg / Title 19 / Subtitle 18 / Section 19-1810
§19–1810.
Status: in_force

(a) An assisted living program may request an appeal of a civil money penalty imposed under this subtitle.

(b) A hearing on the appeal shall be held in accordance with:

(1) The Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article; and

(2) Regulations adopted by the Secretary.
Md. Code, Business Occupations and Professions § 19-410 — MD Code / Article gbo / Title 19 / Subtitle 4 / Section 19-410
§19–410.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 19-408 of this subtitle, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary.

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

(c) The Secretary may administer oaths in connection with any proceeding under this section.

(d) The hearing notice to be given to the individual shall be written and sent at least 10 days before the hearing.

(e) The individual may be represented at the hearing by counsel.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
Md. Code, Alcoholic Beverages and Cannabis § 19-103 — MD Code / Article gab / Title 19 / Subtitle 1 / Section 19-103
§19–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.