reglab/housing_qa huggingface dataset:
MD. Insurance Code Ann. §  8-201 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-201 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Certificate of qualification” means a certificate of qualification issued by the Commissioner to act as a managing general agent.    (c)    (1)    “Managing general agent” means a person:            (i)    that:                1.    manages all or part of the insurance business of an insurer, including the management of a separate division, department, office, or subsidiary of the insurer; and                2.    with or without authority, separately or with affiliates, directly or indirectly produces or underwrites gross direct written premiums at least equal to 5% of the insurer’s policyholder surplus for any quarter or year, as reported in the insurer’s most recently filed quarterly report or annual statement; and            (ii)    that:                1.    negotiates or binds ceding reinsurance contracts for the insurer;                2.    adjusts or pays claims of more than $500; or                3.    maintains loss reserves from which claims may be paid.        (2)    “Managing general agent” does not include:            (i)    an employee of the insurer;            (ii)    a United States manager of the United States branch of an alien insurer;            (iii)    an attorney in fact authorized by and acting for the subscribers of a reciprocal insurer under a power of attorney;            (iv)    an authorized insurance producer acting for a surety insurer that engages exclusively in the business of issuing bail bonds; or            (v)    an underwriting manager that, by contract:                1.    manages all the insurance operations of the insurer;                2.    is under common control with the insurer and is subject to Title 7, Subtitle 6 of this article; and                3.    is not compensated based on the volume of premiums written.    (d)    “Underwrite” means to accept or reject risks for an insurer.
MD. Insurance Code Ann. §  8-202 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-202 - Certificate of Qualification Required

    A person must obtain a certificate of qualification before the person acts as a managing general agent in the State.
MD. Insurance Code Ann. §  8-202.1 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-202.1 - Applicant Qualifications

    An applicant for a certificate of qualification must be:         (1)    licensed as an insurance producer under Title 10, Subtitle 1 of this article; and        (2)    competent and trustworthy, as determined by the Commissioner.
MD. Insurance Code Ann. §  8-203 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-203 - Applications for Certificate of Qualification

    An applicant for a certificate of qualification shall:         (1)    file with the Commissioner an application on the form that the Commissioner provides; and        (2)    pay to the Commissioner the fee required by § 2-112 of this article.
MD. Insurance Code Ann. §  8-204 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-204 - Issuance of Certificate of Qualification

    The Commissioner shall issue a certificate of qualification to each applicant who meets the requirements of this subtitle.
MD. Insurance Code Ann. §  8-205 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-205 - Term and Renewal of Certificate of Qualification

    (a)    A certificate of qualification expires on the first June 30 after its effective date unless it is renewed as provided in this section.    (b)    Before a certificate of qualification expires, the holder of the certificate of qualification may renew it for an additional 1-year term, if the holder:        (1)    otherwise is entitled to a certificate of qualification; and        (2)    pays to the Commissioner the renewal fee required by § 2-112 of this article.    (c)    The Commissioner shall renew the certificate of qualification of each holder who meets the requirements of this section.
MD. Insurance Code Ann. §  8-207 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-207 - Bond or Errors and Omissions Policy; Examination

    (a)    By regulation, the Commissioner may require a managing general agent to maintain a bond or other security in an amount set by the Commissioner to protect the insurer and policyholders or to maintain an errors and omissions policy issued by an authorized insurer, or both.    (b)    A managing general agent is subject to examination under §§ 2-205 through 2-209 of this article.
MD. Insurance Code Ann. §  8-209 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-209 - Prohibited Activities of Managing General Agent

    (a)    A managing general agent may not:        (1)    commit the insurer to participate in insurance or reinsurance syndicates;        (2)    appoint or hire an insurance producer to solicit, procure, or negotiate insurance contracts for the insurer without ensuring that the insurance producer is licensed under Title 10, Subtitle 1 of this article;        (3)    take an action that would violate § 27-503 of this article if taken directly by the insurer;        (4)    without the insurer’s written approval, pay or commit the insurer to pay a claim, net of reinsurance, that exceeds 1% of the insurer’s policyholder surplus as of December 31 of the immediately preceding calendar year;        (5)    without the insurer’s prior written approval, collect any payment from a reinsurer;        (6)    commit the insurer to a claim settlement with a reinsurer;        (7)    employ an individual who also is employed by the insurer;        (8)    allow an agent or employee of the managing general agent to serve on the insurer’s board of directors; or        (9)    appoint a submanaging general agent unless:            (i)    approval of the appointment is obtained from the Commissioner and from the insurer for whom the managing general agent acts; and            (ii)    the submanaging general agent complies with any requirements imposed by the Commissioner under § 8-213 of this subtitle.    (b)    (1)    Except as provided in paragraph (2) of this subsection, a managing general agent may not bind reinsurance or retrocessions for an insurer.        (2)    A managing general agent may bind facultative reinsurance contracts under obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines for reinsurance both assumed and ceded, including:            (i)    a list of reinsurers with which the automatic agreements are in effect;            (ii)    the coverages and amounts or percentages that may be reinsured; and            (iii)    commission schedules.
MD. Insurance Code Ann. §  8-210 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-210 - Duties of Insurer as to Managing General Agents

    (a)    (1)    An insurer shall maintain independent financial examinations, in a form acceptable to the Commissioner, of each managing general agent with whom the insurer has done business.        (2)    The insurer shall keep records for at least 5 years.    (b)    (1)    If, by contract, an insurer allows a managing general agent to maintain loss reserves, the insurer annually shall get an opinion, attesting to the adequacy of the loss reserves established, from an independent actuary who is a member in good standing of the American Academy of Actuaries.        (2)    The insurer shall keep the report of the actuary for at least 5 years.    (c)    At least twice a year, an insurer shall conduct an on-site review of the underwriting and claims processing operations of its managing general agent.    (d)    (1)    Within 30 days after entering into or terminating a contract with a managing general agent, an insurer shall notify the Commissioner in writing of doing so.        (2)    The notice of entering into a contract shall include:            (i)    a statement of the duties and responsibilities of the managing general agent;            (ii)    the lines of insurance that the managing general agent is contractually authorized to negotiate, procure, or bind for the insurer;            (iii)    a copy of the contract; and            (iv)    any other information or documentation that the Commissioner requests.    (e)    Unless the relationship between an insurer and managing general agent is controlled by and disclosed under Title 7, Subtitle 6 or 7 of this article, the insurer may not have on its board of directors an officer, director, employee, agent, or shareholder of its managing general agent.    (f)    (1)    Each insurer shall review its books and records each quarter to determine if any insurance producer has become a managing general agent.        (2)    If the insurer determines that an insurance producer has become a managing general agent:            (i)    the insurer promptly shall notify the insurance producer and the Commissioner of the determination; and            (ii)    the insurer and insurance producer must comply fully with the provisions of this subtitle within 30 days after the determination.
MD. Insurance Code Ann. §  8-211 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-211 - Acts of Managing General Agent Deemed Acts of Insurer; Insolvency of Managing General Agent

    (a)    The acts of a managing general agent are deemed to be the acts of the insurer for whom the managing general agent is acting.    (b)    If a managing general agent becomes insolvent, the obligations of the managing general agent with respect to policyholders of an insurer shall be assumed by that insurer.
MD. Insurance Code Ann. §  8-212 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-212 - Confidentiality of Contracts

    (a)    Unless the insurer to which a contract relates gives written consent, the contract between a managing general agent and an insurer obtained by the Commissioner during an examination or investigation under this subtitle, or reported or filed under this subtitle:        (1)    shall be treated confidentially;        (2)    is not subject to subpoena; and        (3)    may not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person.    (b)    The Commissioner may publish all or part of a contract between a managing general agent and an insurer in the manner that the Commissioner considers appropriate if, after giving the managing general agent and insurer notice and an opportunity to be heard, the Commissioner finds that the interest of the policyholders or the public will be served by publication of the contract.
MD. Insurance Code Ann. §  8-213 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 2 - Managing General Agents|Section 8-213 - Submanaging General Agents to Comply With Subtitle

    The Commissioner may require a submanaging general agent appointed by a managing general agent to comply with any provision of this subtitle that applies to a managing general agent.
MD. Insurance Code Ann. §  8-302 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-302 - Regulations

    The Commissioner may adopt regulations necessary to carry out this subtitle.
MD. Insurance Code Ann. §  8-303 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-303 - Registration Required

    (a)    A person must register with the Commissioner before the person acts as or represents itself as an administrator in the State.    (b)    A person that would be an administrator subject to this subtitle but for the exemption under § 8-301(b)(2)(iv) of this subtitle shall provide to the Commissioner:        (1)    written notice that the person operates in the State; and        (2)    evidence satisfactory to the Commissioner that the person is complying with any applicable bonding requirements imposed by ERISA.
MD. Insurance Code Ann. §  8-304 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-304 - Qualifications of Applicants

    (a)    To register as an administrator, an applicant must present evidence satisfactory to the Commissioner that the applicant:        (1)    has not been convicted of:            (i)    a felony;            (ii)    a misdemeanor involving moral turpitude;            (iii)    a violation of this subtitle;            (iv)    an attempt or conspiracy to commit any of the violations listed in items (i) through (iii) of this item; or            (v)    a crime in which any other violation listed in this item is an element;        (2)    has obtained the bond required by § 8–306 of this subtitle or has qualified for one of the applicable exemptions from the bonding requirement;        (3)    has met any applicable examination requirements adopted by the Commissioner under subsection (b) of this section; and        (4)    for the administration of health benefit plans in the State, uses only the uniform claim forms adopted by the Commissioner under § 15–1003 of this article.    (b)    (1)    The Commissioner may develop appropriate testing procedures to measure an applicant’s familiarity with this subtitle.        (2)    To develop testing procedures, the Commissioner shall consult with representatives of administrators, employee organizations, and employers.
MD. Insurance Code Ann. §  8-305 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-305 - Applications for Registration

    An applicant for registration shall:         (1)    file with the Commissioner an application on the form that the Commissioner requires; and        (2)    pay to the Commissioner an application fee of $250.
MD. Insurance Code Ann. §  8-307 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-307 - Issuance of Registration

    The Commissioner shall register each applicant who meets the requirements of this subtitle.
MD. Insurance Code Ann. §  8-308 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-308 - Term and Renewal of Registration

    (a)    A registration expires 2 years from the date of issuance unless it is renewed as provided in this section.    (b)    Before a registration expires, the registrant may renew it for an additional 2–year term, if the registrant:        (1)    otherwise is entitled to be registered;        (2)    files with the Commissioner a renewal application on the form that the Commissioner requires;        (3)    pays to the Commissioner a renewal fee of $50; and        (4)    except as provided in § 8–306(d) of this subtitle, files with the Commissioner evidence of a bond in compliance with § 8–306 of this subtitle.    (c)    An application for renewal of a registration shall be considered made in a timely manner if it is postmarked on or before the date the registration expires.    (d)    The Commissioner shall renew the registration of each registrant that meets the requirements of this section.
MD. Insurance Code Ann. §  8-308.1 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-308.1 - Reinstatement of Registration

    (a)    Within 1 year after the expiration date, a person whose third party administrator’s registration has expired may reinstate the expired registration by:        (1)    filing with the Commissioner the appropriate reinstatement application;        (2)    subject to subsection (b) of this section, paying to the Commissioner a reinstatement fee of $100; and        (3)    complying with the bond requirement of § 8–306 of this subtitle.    (b)    The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of temporary incapacity, hospitalization, or other hardship.    (c)    A person whose third party administrator’s registration has expired is prohibited from acting as a third party administrator until the effective date of reinstatement of the registration.    (d)    A person who does not comply with subsection (a) of this section within 1 year after the expiration date shall apply for a third party administrator’s registration under § 8–305 of this subtitle and meet any other requirements specified by the Commissioner in regulation.    (e)    The Commissioner may adopt regulations to carry out this section.
MD. Insurance Code Ann. §  8-309 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-309 - Denials, Refusals to Renew, Suspensions, and Revocations

    (a)    Subject to the hearing provisions of Title 2 of this article, the Commissioner may deny a registration to an applicant or refuse to renew, suspend, or revoke the registration of a registrant if the applicant or registrant:        (1)    makes a material misstatement in an application for registration;        (2)    fraudulently or deceptively obtains or attempts to obtain a registration for the applicant or registrant or for another;        (3)    has been convicted of a felony or of a misdemeanor involving moral turpitude;        (4)    in connection with the administration of a plan or with activities on behalf of a life insurer, commits fraud or engages in illegal or dishonest activities; or        (5)    violates any provision of this subtitle or a regulation adopted under it.    (b)    This section does not limit any regulatory power of the Commissioner under Title 2 of this article.
MD. Insurance Code Ann. §  8-310 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-310 - Administrator's Duties With Respect to Plan

    An administrator shall discharge the administrator’s duties with respect to a plan or a life insurer:        (1)    solely in the interest of providing to the plan’s participants and beneficiaries the benefits to which they are entitled under the plan or on behalf of a life insurer;        (2)    for the exclusive purpose of providing benefits to the plan’s participants and beneficiaries and defraying reasonable expenses of administering the plan or on behalf of a life insurer;        (3)    with the care, skill, prudence, and diligence that a prudent person acting in a similar capacity and under similar circumstances would use to conduct an enterprise of similar character and with similar aims;        (4)    if applicable, by diversifying the investments of the plan or the life insurer to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and        (5)    in accordance with the documents and instruments governing the plan or the life insurer to the extent that the documents and instruments are not inconsistent with this subtitle.
MD. Insurance Code Ann. §  8-311 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-311 - Agreement Between Administrator and Plan Sponsor or Insurer

    (a)    A person may not act as an administrator without a written agreement between the administrator and the plan sponsor or insurer.    (b)    An administrator shall retain the agreement required by this section as an official record of the administrator for the duration of the agreement and for 3 years after termination of the agreement.
MD. Insurance Code Ann. §  8-312 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-312 - Books and Records About Plan

    (a)    An administrator shall maintain adequate books and records about each plan administered by the administrator or about activities of the administrator on behalf of a life insurer:        (1)    in accordance with prudent standards of record keeping; and        (2)    for the duration of the agreement required by § 8–311 of this subtitle.    (b)    Subject to any restrictions in the agreement required by § 8–311 of this subtitle on the proprietary rights of the parties in the books and records, the plan sponsor or insurer has the right to reasonable access to the books and records that is sufficient to allow the plan sponsor or insurer to fulfill its contractual obligations to the plan participants and beneficiaries.    (c)    If an administrator ceases to administer a plan or ceases to act on behalf of a life insurer, the administrator:        (1)    shall deliver the books and records about the plan or about activities on behalf of the life insurer that are in the administrator’s possession to the administrator’s successor, the plan sponsor, or the insurer; or        (2)    for 3 years after the administrator ceases to administer the plan or act on behalf of the life insurer:            (i)    shall retain the books and records about the plan or about activities on behalf of the life insurer; and            (ii)    shall provide access to the plan sponsor and insurer as provided under subsection (b) of this section.
MD. Insurance Code Ann. §  8-313 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-313 - Notice to Pharmacies of Change in Pharmaceutical Benefits

    (a)    At least 30 days before the change is effective, an administrator of a plan that provides pharmaceutical benefits shall notify in writing all pharmacies under contract with the plan of any of the following changes in the pharmaceutical benefit program rules or requirements:        (1)    exclusion of coverage for classes of drugs as specified by contract;        (2)    changes in prior or preauthorization procedures; or        (3)    selection of new prescription claims processors.    (b)    An administrator that fails to provide advance notice under subsection (a) of this section shall honor and pay in full any claim under the program rules or requirements that existed before the change for 30 days after the postmarked date of the notice.
MD. Insurance Code Ann. §  8-314 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-314 - Errors and Omissions Policy

    On request of the Commissioner, an administrator shall submit to the Commissioner a copy of any errors and omissions policy covering the administrator.