reglab/housing_qa huggingface dataset:
MD. Insurance Code Ann. §  4-211.1 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 2 - Unauthorized Insurers|Section 4-211.1 - Premium Receipts Tax -- Nonadmitted or Unauthorized Insurance

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Act” has the meaning stated in § 3–301 of this article.        (3)    “Home state” has the meaning stated in § 3–301 of this article.        (4)    “Nonadmitted insurance” has the meaning stated in § 3–301 of this article.    (b)    For policies effective on or after July 21, 2011, the placement of nonadmitted insurance is subject to the statutory and regulatory requirements solely of the insured’s home state.    (c)    The premiums charged for unauthorized insurance are subject to a premium receipts tax in the State on all gross premiums, less any returned premiums, charged for nonadmitted insurance as specified in §§ 4–209 and 4–211 of this subtitle.    (d)    For policies effective before July 21, 2011:        (1)    if the policy covers property, risks, or exposures located or to be performed entirely in the State, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (c) of this section; and        (2)    if the policy covers property, risks, or exposures located or to be performed both in and outside the State, the premium receipts tax shall be computed at the rate specified in subsection (c) of this section only on that portion of the premium that is properly allocable to the risks located in the State.    (e)    For policies effective on or after July 21, 2011, if the State is the insured’s home state, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (c) of this section.    (f)    For policies effective on or after July 21, 2011, only the home state of an insured may receive premium receipts tax payments and reports for nonadmitted insurance.    (g)    For policies effective on or after July 21, 2011, the regulation of nonadmitted insurance is subject to the statutory and regulatory requirements solely of the home state of the insured.    (h)    The Commissioner shall cooperate with other states to adopt and implement uniform requirements for nonadmitted insurance in compliance with the Act.
MD. Insurance Code Ann. §  4-212 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 2 - Unauthorized Insurers|Section 4-212 - Penalty

    An unauthorized insurer or person that violates this subtitle is subject to a civil penalty of not less than $100 but not exceeding $50,000 for each violation.
MD. Insurance Code Ann. §  4-302 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-302 - Public Policy

    It is the public policy of the State that, in order to safeguard the solvency of the insurance business in the State:         (1)    an insurer should maintain an amount of capital in excess of the minimum RBC levels derived from the risk based capital requirements contained in this subtitle and the attendant formulas, schedules, and instructions; and        (2)    additional capital is used and useful in the insurance business and helps to secure an insurer against various risks inherent in, or affecting, the insurance business and not accounted for or only partially measured by the risk based capital requirements contained in this subtitle.
MD. Insurance Code Ann. §  4-303 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-303 - Rbc Reports

    (a)    (1)    (i)    On or before the filing date, each domestic insurer shall prepare and submit to the Commissioner a report of its RBC levels as of the end of the immediately preceding calendar year.            (ii)    The RBC report shall be in the form and shall contain the information required by the RBC instructions.        (2)    In addition to the requirements of paragraph (1) of this subsection, each domestic insurer shall file its RBC report:            (i)    with the NAIC in accordance with the RBC instructions; and            (ii)    on written request, with the insurance commissioner of any state in which the insurer is authorized to do business, on or before the later of:                1.    15 days after receipt of the written request to file its RBC report with that state; or                2.    the filing date.    (b)    If a domestic insurer files an RBC report that, in the judgment of the Commissioner, is inaccurate, the Commissioner shall:        (1)    adjust the RBC report to correct the inaccuracy; and        (2)    notify the insurer of the adjustment, including a statement of the reason for the adjustment.
MD. Insurance Code Ann. §  4-304 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-304 - Risk Based Capital Requirements

    (a)    (1)    A life insurer’s or fraternal benefit society’s risk based capital shall be determined in accordance with the formula set forth in the RBC instructions.        (2)    By applying the factors in the manner set forth in the RBC instructions, the formula shall take into account and may adjust for the covariance between:            (i)    the risk with respect to the life insurer’s or fraternal benefit society’s assets;            (ii)    the risk of adverse insurance experience with respect to the life insurer’s or fraternal benefit society’s liabilities and obligations;            (iii)    the interest rate risk with respect to the life insurer’s or fraternal benefit society’s business; and            (iv)    all other business risks and other relevant risks as set forth in the RBC instructions.    (b)    (1)    Except as provided in subsection (a) of this section, an insurer’s risk based capital shall be determined in accordance with the formula set forth in the RBC instructions.        (2)    By applying the factors in the manner set forth in the RBC instructions, the formula shall take into account and may adjust for the covariance between:            (i)    asset risk;            (ii)    credit risk;            (iii)    underwriting risk; and            (iv)    all other business risks and other relevant risks as set forth in the RBC instructions.
MD. Insurance Code Ann. §  4-307 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-307 - Authorized Control Level Event

    (a)    An authorized control level event occurs when:        (1)    an insurer files an RBC report that indicates that the insurer has total adjusted capital that is:            (i)    greater than or equal to its mandatory control level RBC; and            (ii)    less than its authorized control level RBC;        (2)    the Commissioner notifies the insurer of an adjusted RBC report that indicates an event under item (1) of this subsection;        (3)    if an insurer requests a hearing to challenge an adjusted RBC report that indicates the event under item (1) of this subsection, the Commissioner notifies the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge;        (4)    the insurer fails to respond to a corrective order in a manner satisfactory to the Commissioner; or        (5)    if an insurer has requested a hearing to challenge a corrective order issued by the Commissioner:            (i)    the Commissioner notifies the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge or modified the corrective order; and            (ii)    the insurer fails to respond, in a manner satisfactory to the Commissioner, to the sustained or modified corrective order.    (b)    In the event of an authorized control level event, the Commissioner shall:        (1)    take any action required under § 4-306(b) of this subtitle for an insurer that experiences a regulatory action level event; or        (2)    if the Commissioner considers it to be in the best interest of the policyholders and creditors of the insurer and of the public, take any action that may be necessary to place the insurer under conservation, rehabilitation, or liquidation under Title 9 of this article.    (c)    (1)    The Commissioner shall have the rights, powers, and duties under Title 9 of this article needed to carry out the requirements of this section.        (2)    If the Commissioner takes any action under Title 9 of this article pursuant to an adjusted RBC report as provided in this section, the insurer shall be entitled to the protections afforded to insurers under Title 9 of this article with regard to summary proceedings.
MD. Insurance Code Ann. §  4-308 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-308 - Mandatory Control Level Event

    (a)    A mandatory control level event occurs when:        (1)    an insurer files an RBC report that indicates that the insurer has total adjusted capital that is less than its mandatory control level RBC;        (2)    the Commissioner notifies the insurer of an adjusted RBC report that indicates an event under item (1) of this subsection; or        (3)    if an insurer requests a hearing to challenge an adjusted RBC report that indicates the event under item (1) of this subsection, the Commissioner notifies the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge.    (b)    (1)    In the case of a life insurer or fraternal benefit society, if a mandatory control level event occurs with respect to the life insurer or fraternal benefit society, the Commissioner shall take any action that may be necessary to place the life insurer or fraternal benefit society under conservation, rehabilitation, or liquidation under Title 9 of this article.        (2)    In the case of a property and casualty insurer, if a mandatory control level event occurs with respect to the property and casualty insurer, the Commissioner:            (i)    shall take any action that may be necessary to place the property and casualty insurer under conservation, rehabilitation, or liquidation under Title 9 of this article; or            (ii)    in the case of a property and casualty insurer that is not writing any new business and that is running off its existing business, may allow the property and casualty insurer to continue its run–off under the supervision of the Commissioner.        (3)    In the case of a health insurer, if a mandatory control level event occurs with respect to the health insurer, the Commissioner shall take any action that may be necessary to place the health insurer under conservation, rehabilitation, or liquidation under Title 9 of this article.    (c)    The Commissioner may delay action under subsection (b) of this section for up to 90 days after the occurrence of the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90–day period.    (d)    (1)    The Commissioner shall have the rights, powers, and duties under Title 9 of this article needed to carry out the requirements of this section.        (2)    If the Commissioner takes any action under Title 9 of this article pursuant to an adjusted RBC report as provided in this section, the insurer shall be entitled to the protections afforded to insurers under Title 9 of this article with regard to summary proceedings.
MD. Insurance Code Ann. §  4-309 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-309 - Challenges by Insurer

    (a)    An insurer may challenge any of the following determinations made or actions taken by the Commissioner under this subtitle:        (1)    notification to an insurer by the Commissioner of an adjusted RBC report;        (2)    notification to an insurer by the Commissioner that:            (i)    the insurer’s RBC plan or revised RBC plan is unsatisfactory; and            (ii)    the notification constitutes a regulatory action level event with respect to that insurer;        (3)    notification to an insurer by the Commissioner that:            (i)    the insurer has failed to adhere to its RBC plan or revised RBC plan; and            (ii)    the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or        (4)    notification to an insurer by the Commissioner of a corrective order with respect to the insurer.    (b)    (1)    At the request of an insurer, the Commissioner shall hold a confidential hearing on the record under § 2-213(a) of this article to determine the validity of a challenge by the insurer.        (2)    To request a hearing under this subsection, the insurer shall notify the Commissioner of its request within 5 days after the notification by the Commissioner under subsection (a) of this section.        (3)    On receipt of the insurer’s request for a hearing, the Commissioner shall hold a hearing within 30 days after the date of the insurer’s request.
MD. Insurance Code Ann. §  4-310 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-310 - Confidentiality of Rbc Reports and Plans

    (a)    All RBC reports and RBC plans related to any domestic insurer or foreign insurer that are filed with the Commissioner:        (1)    constitute confidential commercial information that might be damaging to the insurer if made available to the insurer’s competitors;        (2)    shall be kept confidential by the Commissioner; and        (3)    may not be made public or be subject to subpoena, other than by the Commissioner and then only for the purpose of enforcement actions taken by the Commissioner under this subtitle or any other provision of this article.    (b)    The provisions of this section apply to:        (1)    RBC reports, to the extent the information in the RBC report is not required to be set forth in a publicly available annual statement schedule; and        (2)    RBC plans, including the results or report of any examination or analysis of an insurer performed in connection with any RBC plan and any corrective order issued by the Commissioner pursuant to the examination or analysis.    (c)    It is the public policy of the State that the comparison of an insurer’s total adjusted capital to any of its RBC levels:        (1)    is a regulatory tool that may indicate the need for possible corrective action with respect to the insurer; and        (2)    is not intended as a means to rank insurers generally.    (d)    It is the public policy of the State that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans:        (1)    are intended solely for use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and        (2)    may not be used by the Commissioner for rate making or considered or introduced as evidence in any rate proceeding or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or any affiliate is authorized to write.
MD. Insurance Code Ann. §  4-311 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-311 - Supplemental to Other Laws; Regulations; Exemptions

    (a)    The provisions of this subtitle are supplemental to other laws of the State, and may not preclude or limit any other powers or duties of the Commissioner.    (b)    (1)    The Commissioner may adopt regulations to carry out this subtitle.        (2)    The Commissioner, in consultation with the Secretary of Health, shall adopt regulations that apply appropriate risk based capital standards to managed care organizations as defined under § 15–101(e) of the Health – General Article.    (c)    The Commissioner may exempt from the application of this subtitle any domestic property and casualty insurer that:        (1)    writes direct business only in the State;        (2)    writes direct annual premiums of $2,000,000 or less; and        (3)    assumes no reinsurance in excess of 5% of direct premiums written.    (d)    The Commissioner may exempt from the application of this Act any domestic health insurer that:        (1)    (i)    writes direct business only in the State;            (ii)    assumes no reinsurance in excess of 5% of direct premiums written; and            (iii)    writes direct annual premiums for comprehensive medical business of $2,000,000 or less; or        (2)    covers less than 2,000 lives if the health insurer is:            (i)    a nonprofit health service plan that provides coverage solely for dental services; or            (ii)    a dental plan organization.
MD. Insurance Code Ann. §  4-312 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-312 - Foreign Insurers

    (a)    On written request of the Commissioner, a foreign insurer shall:        (1)    submit to the Commissioner an RBC report as of the end of the immediately preceding calendar year on the later of:            (i)    the date an RBC report would be required to be filed by a domestic insurer under this subtitle; or            (ii)    15 days after the request is received by the foreign insurer; and        (2)    promptly submit to the Commissioner a copy of any RBC plan or revised RBC plan that the insurer has filed with the insurance commissioner of any other state.    (b)    (1)    The Commissioner may require a foreign insurer to file an RBC plan with the Commissioner in the event of a company action level event, regulatory action level event, or authorized control level event with respect to the foreign insurer:            (i)    under the risk based capital statute of the foreign insurer’s state of domicile if the insurance commissioner of that state fails to require the foreign insurer to file an RBC plan in accordance with that state’s risk based capital statute; or            (ii)    under this subtitle if there is no risk based capital statute in force in the foreign insurer’s state of domicile.        (2)    If the foreign insurer fails to file an RBC plan with the Commissioner under this subsection, the Commissioner may order the foreign insurer to cease and desist from writing new insurance business in this State.    (c)    If a mandatory control level event occurs with respect to a foreign insurer and a domiciliary receiver has not been appointed with respect to that foreign insurer under the rehabilitation and liquidation statute applicable in the foreign insurer’s state of domicile, the Commissioner may file an action in the Circuit Court of Baltimore City under Title 9 of this article to seek the liquidation of any property of the foreign insurer found in the State.
MD. Insurance Code Ann. §  4-313 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-313 - Liability

    There is no liability on the part of, and no cause of action arises against, the Commissioner or the Administration or its employees or agents for any action taken by them in the performance of their powers and duties under this subtitle.
MD. Insurance Code Ann. §  4-314 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 3 - Risk Based Capital Standards for Insurers|Section 4-314 - Effective Date of Notices

    All notices by the Commissioner to an insurer that may result in regulatory action under this subtitle shall be effective:         (1)    if transmitted by registered or certified mail, on the date of mailing; or        (2)    if transmitted by any other means, on the date of receipt of notice by the insurer.
MD. Insurance Code Ann. §  4-401 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 4 - Disclosure Requirements for Insurers|Section 4-401 - Reporting Medical Malpractice Claims or Actions

    (a)    This section applies to:        (1)    each insurer that provides professional liability insurance to:            (i)    a physician, nurse, dentist, podiatrist, optometrist, or chiropractor licensed under the Health Occupations Article; or            (ii)    a hospital licensed under the Health – General Article; and        (2)    each self–insured hospital.    (b)    An entity subject to this section shall report quarterly any claim or action for damages for personal injury if the claim or action:        (1)    is claimed to have been caused by an error, omission, or negligence in the performance of the insured’s professional services or is based on a claimed performance of the insured’s professional services without consent; and        (2)    resulted in:            (i)    a final judgment in any amount;            (ii)    a settlement in any amount; or            (iii)    a final disposition that does not result in payment on behalf of the insured.    (c)    A report required under this section shall contain the information required under § 4–405(b) of this subtitle.    (d)    A report required under this section shall be filed within 90 days after the end of the quarter during which an event described in subsection (b)(2)(i), (ii), or (iii) of this section occurred.    (e)    (1)    A report that relates to a physician shall be filed with the State Board of Physicians.        (2)    A report that relates to a hospital shall be filed with the Secretary of Health.        (3)    A report that relates to a nurse, dentist, podiatrist, optometrist, or chiropractor shall be filed with the appropriate licensing board for these health care providers.    (f)    (1)    Subject to paragraph (2) of this subsection, a report filed in accordance with this section shall be treated as a personal record under § 4–501(e) of the General Provisions Article.        (2)    Each report shall be released to the Maryland Health Care Commission.    (g)    An insurer that reports under this section or its agents or employees, the State Board of Physicians or its representatives, and any appropriate licensing authority that receives a report under this section shall have the immunity from liability described in § 5–701 of the Courts Article for any action taken by them under this section.    (h)    Failure to report to a person specified in subsection (e)(1), (2), or (3) of this section may result in the imposition by a circuit court of a civil penalty of up to $5,000.
MD. Insurance Code Ann. §  4-402 (2021)
2021 Maryland Statutes|Insurance|Title 4 - General Requirements for Insurers|Subtitle 4 - Disclosure Requirements for Insurers|Section 4-402 - Inspection of Medical Files on Applicants and Claimants

    (a)    Medical files on applicants and claimants that are compiled by insurers under policies of health insurance or life insurance shall be made available for inspection:        (1)    on request of the applicant or claimant;        (2)    on request of the agent of the applicant or claimant; or        (3)    on request of the applicant, to a physician of the applicant’s choice.    (b)    Information that is provided by a physician shall be made available on request:        (1)    after a period of 5 years after the date of the medical examination; or        (2)    at any time on written authorization of the physician.    (c)    An agent that requests to review the medical file of an applicant or claimant must have an authorization to review medical records signed by the applicant or claimant.