reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Insurance › Title 30 - Slavery Era Insurance Policy Reporting › Section 30-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Reporting insurer” means an insurer that is a member of a holding company that has been designated by the holding company as responsible for submitting a report under § 30–102 of this title on behalf of the insurer and other insurers in the holding company.
(c)    “Slave” means an individual:
(1)    who had no freedom of action;
(2)    whose person and services were wholly under the control of another;
(3)    who was in a state of enforced compulsory service to another; and
(4)    who could not legally leave enforced compulsory service to another on the individual’s own initiative during the individual’s lifetime before the end of the slavery era.
(d)    “Slaveholder” means:
(1)    an owner of a slave;
(2)    an owner of a commercial enterprise that used the services of a slave;
(3)    an owner of a vessel or other means of transporting slaves; or
(4)    a person dealing in the purchase, sale, or financing of the business of slaves and slavery.
(e)    “Slaveholder insurance policy” means a policy issued to or for the benefit of a slaveholder to insure the slaveholder against injury to a slave or the death of a slave.
(f)    “Slavery era” means years prior to 1865.
2023 Maryland Statutes › Insurance › Title 30 - Slavery Era Insurance Policy Reporting › Section 30-102 - Slaveholder Insurance Policy -- Report by Insurer

(a)    On or before October 1, 2011, an insurer authorized to do business in the State shall provide the Commissioner with:
(1)    a report of information in the records of the insurer about each slaveholder insurance policy issued in the State by the insurer, or any predecessor of the insurer, during the slavery era; and
(2)    a copy of each document in the insurer’s records that relates to the information provided under item (1) of this subsection.
(b)    A holding company may designate one insurer in the holding company to be a reporting insurer on behalf of the member insurers of the holding company.
(c)    On or before January 1, 2010, the Commissioner shall adopt regulations that specify the form and content of the report required under this section.
2023 Maryland Statutes › Insurance › Title 30 - Slavery Era Insurance Policy Reporting › Section 30-103 - Slaveholder Insurance Policy -- Report by Commissioner

(a)    (1)    On or before April 1, 2012, the Commissioner shall issue a report on the information provided to the Commissioner under § 30–102 of this title.
(2)    The report required under this section shall:
(i)    contain the names of any slaveholders or slaves provided under § 30–102 of this title; and
(ii)    include a copy of each document provided to the Commissioner under § 30–102 of this title.
(b)    (1)    The report required under this section shall be made available to the public.
(2)    The Commissioner shall make a copy of the report available on the Web site of the Administration.
(c)    The Commissioner shall provide a copy of the report required under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(d)    A copy of the report shall be maintained at the Thurgood Marshall Law Library at the University of Maryland School of Law.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-102 - Maryland Health Benefit Exchange Established

(a)    There is a Maryland Health Benefit Exchange.
(b)    (1)    The Exchange is a body politic and corporate and is an instrumentality of the State.
(2)    The Exchange is a public corporation and a unit of State government.
(3)    The exercise by the Exchange of its authority under this subtitle is an essential governmental function.
(c)    The purposes of the Exchange are to:
(1)    reduce the number of uninsured in the State;
(2)    facilitate the purchase and sale of qualified health plans in the individual market in the State by providing a transparent marketplace;
(3)    assist qualified employers in the State in facilitating the enrollment of their employees in qualified health plans in the small group market in the State and in accessing small business tax credits;
(4)    assist individuals in accessing public programs, premium tax credits, and cost–sharing reductions; and
(5)    supplement the individual and small group insurance markets outside of the Exchange.
(d)    Nothing in this subtitle, and no regulation adopted or other action taken by the Exchange under this subtitle, may be construed to:
(1)    preempt or supersede:
(i)    the authority of the Commissioner to regulate insurance business in the State; or
(ii)    the requirements of the Affordable Care Act;
(2)    authorize the Exchange to carry out any function not authorized by the Affordable Care Act; or
(3)    authorize the Exchange to offer any products or services except qualified health plans, qualified dental plans, and qualified vision plans.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-107.1 - Trust Account

(a)    The Board shall establish a trust account to hold premium payments accepted from qualified plan enrollees and small employers by the Exchange on behalf of a carrier under contract or other agreement.
(b)    The trust account may be used only to hold a premium payment until the Exchange transmits the premium payment to the carrier on whose behalf the Exchange accepted the premium payment.
(c)    The Exchange shall maintain separate records of account for each carrier on whose behalf it accepts premium payments.
(d)    The payment of a premium by an enrollee or a small employer to the Exchange is deemed to be a payment to the carrier on whose behalf the Exchange accepted the premium payment.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-107.2 - Budget Appropriations

(a)    (1)    For State fiscal year 2015 and for each State fiscal year thereafter, from the funds received from the distribution of the premium tax under § 6–103.2 of this article, the Governor shall provide an appropriation in the State budget adequate to fully fund the operations of the Exchange.
(2)    (i)    For State fiscal year 2015, the appropriation shall be no less than $10,000,000.
(ii)    For State fiscal year 2021, the appropriation shall be $31,500,000.
(iii)    For State fiscal year 2022 and each fiscal year thereafter, the appropriation shall be $32,000,000.
(b)    Funds allocated from the premium tax under subsection (a) of this section to provide the appropriation to the Exchange may be used only for the purpose of funding the operation and administration of the Exchange.
(c)    If, in any State fiscal year, the amount of the allocation from the premium tax is insufficient to meet the actual expenditures incurred for the operation and administration of the Exchange, the Governor may provide an additional appropriation by deficiency appropriation.
(d)    Notwithstanding § 7–304 of the State Finance and Procurement Article, funds allocated to the Exchange under this section that remain unspent at the end of a fiscal year shall revert to the General Fund of the State.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-109 - Interstate Agreements and Memoranda of Understanding

(a)    Subject to subsection (b) of this section, the Exchange may enter into agreements or memoranda of understanding with another state to:
(1)    develop joint or reciprocal certification processes;
(2)    develop consistency in qualified plans offered across states; and
(3)    coordinate resources for administrative processes necessary to support:
(i)    certification of qualified plans; and
(ii)    other functions of the Exchange.
(b)    Any interstate agreements or memoranda of understanding entered into under subsection (a) of this section shall comply with and advance:
(1)    the purposes and requirements of this subtitle and the Affordable Care Act; and
(2)    the policies and regulations adopted by the Exchange under this subtitle.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-114 - Specific Financial Support for Services Not Required

(a)    Nothing in this subtitle requires the Maryland Medical Assistance Program or the Maryland Children’s Health Program to provide any specific financial support to the Individual Exchange for the services provided by an Individual Exchange navigator or an Individual Exchange connector entity.
(b)    The financing arrangements between the Individual Exchange, the Maryland Medical Assistance Program, and the Maryland Children’s Health Program shall be governed by a memorandum of agreement between the Exchange and the Maryland Department of Health.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-117 - State Reinsurance Program

(a)    The Exchange, in consultation with the Commissioner and as approved by the Board, shall establish and implement a State Reinsurance Program:
(1)    to provide reinsurance to carriers that offer individual health benefit plans in the State;
(2)    that meets the requirements of a waiver approved under § 1332 of the Affordable Care Act; and
(3)    that is consistent with State and federal law.
(b)    The State Reinsurance Program shall be designed to mitigate the impact of high–risk individuals on rates in the individual insurance market inside and outside the Exchange.
(c)    (1)    Based on available funds, the Exchange, in consultation with the Commissioner and as approved by the Board, shall establish reinsurance payment parameters for calendar year 2019 and each subsequent calendar year that include:
(i)    an attachment point;
(ii)    a coinsurance rate; and
(iii)    a coinsurance cap.
(2)    The Exchange, in consultation with the Commissioner and as approved by the Board, may alter the parameters established in accordance with paragraph (1) of this subsection as necessary to secure federal approval for a waiver submitted in accordance with § 31–117.1(a) of this subtitle.
(d)    Beginning January 1, 2019, funding for reinsurance in the individual market through the State Reinsurance Program may be made by using:
(1)    any pass–through funds received from the federal government under a waiver approved under § 1332 of the Affordable Care Act;
(2)    any funds designated by the federal government to provide reinsurance to carriers that offer individual health benefit plans in the State; and
(3)    any funds designated by the State to provide reinsurance to carriers that offer individual health benefit plans in the State.
(e)    The implementation of a State Reinsurance Program for reinsurance in the individual market shall be contingent on approval from the U.S. Secretary of Health and Human Services and the U.S. Secretary of the Treasury of a State Innovation Waiver application under § 1332 of the Affordable Care Act.
(f)    On or before January 1, 2019, the Exchange shall adopt regulations implementing the provisions of this section.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-117.1 - Submission of Application; Waivers

(a)    As soon as practicable but not later than July 1, 2018, the Exchange, in consultation with the Commissioner and as approved by the Board, shall submit a State Innovation Waiver application under § 1332 of the Affordable Care Act to establish a program for reinsurance and seek federal pass–through funding.
(b)    On or before December 31, 2018, the Commissioner may waive any notification or other requirements that apply to a carrier under this article in calendar year 2018 due to the implementation of a waiver approved under § 1332 of the Affordable Care Act.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-118 - Funding for Operations of Exchange

(a)    Beginning January 1, 2014, subject to subsections (b) and (c) of this section, the Exchange may:
(1)    impose user fees, licensing or other regulatory fees, or other assessments that do not exceed reasonable projections regarding the amount necessary to support the operations of the Exchange under this subtitle; or
(2)    otherwise generate funding necessary to support its operations under this subtitle.
(b)    Any fees, assessments, or other funding mechanisms shall be imposed or implemented, to the maximum extent possible, in a manner that is transparent and broad–based.
(c)    Before imposing or altering any fee or assessment established by law, the Exchange shall adopt regulations that specify:
(1)    the persons subject to the fee or assessment;
(2)    the amount of the fee or assessment; and
(3)    the manner in which the fee or assessment will be collected.
(d)    Funds collected through any fees, assessments, or other funding mechanisms:
(1)    shall be deposited in the Fund;
(2)    shall be used only for the purposes authorized under this subtitle; and
(3)    may not be used for staff retreats, promotional giveaways, excessive executive compensation, or promotion of federal or State legislative and regulatory actions.
(e)    The Exchange may not impose fees or assessments authorized under this section in a manner that would provide a competitive disadvantage to health benefit plans operating outside of the Exchange.
(f)    The Exchange shall maintain a website on which it shall publish:
(1)    the average amounts of any fees, assessments, or other payments required by the Exchange;
(2)    the administrative costs of the Exchange; and
(3)    the amount of funds known to be lost through waste, fraud, and abuse.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 1 - Maryland Health Benefit Exchange › Section 31-121 - State Innovation Waiver

(a)    The Exchange, in consultation with the Commissioner and as approved by the Board, may submit a State Innovation Waiver application under § 1332 of the Affordable Care Act to allow the State to administer the federal Small Business Health Care Tax Credit to small businesses for monthly premium payments.
(b)    Before applying for a State Innovation Waiver under subsection (a) of this section, the Exchange shall determine whether the State needs to apply for a State Innovation Waiver in order to distribute the federal Small Business Health Care Tax Credit on a monthly basis to eligible employers enrolling in the SHOP Exchange.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Advisory Workgroup” means the Maryland Easy Enrollment Health Insurance Program Advisory Workgroup established under § 31–203 of this subtitle.
(c)    “Cost–sharing reduction” means a reduction described in § 1402(c) of the Affordable Care Act.
(d)    “Department” means the Maryland Department of Health.
(e)    “Insurance affordability program” means:
(1)    the Maryland Medical Assistance Program;
(2)    the Maryland Children’s Health Program;
(3)    premium tax credits; or
(4)    cost–sharing reductions.
(f)    “Modified adjusted gross income” has the meaning stated in 42 U.S.C. § 1395r(i)(4)(A).
(g)    “Poverty line” has the meaning stated in 42 U.S.C. § 1397jj(c)(5).
(h)    “Premium tax credits” means the tax credits described in § 36B of the Internal Revenue Code.
(i)    “Proactively contact” means an attempt by the Exchange or the Department to reach an uninsured individual by:
(1)    making multiple attempts to contact the uninsured individual as requested on a State income tax return in accordance with § 2–115(b)(2) of the Tax – General Article;
(2)    if the attempts described in item (1) of this subsection do not successfully reach the uninsured individual or if no specific methods for contacting the uninsured individual were requested, making multiple attempts to contact the uninsured individual through telephonic and electronic means; and
(3)    if the attempts described in items (1) and (2) of this subsection do not successfully reach the uninsured individual to obtain the requested information, sending paper forms or notices to the uninsured individual by mail.
(j)    “Program” means the Maryland Easy Enrollment Health Insurance Program established under § 31–202 of this subtitle.
(k)    “Uninsured individual” means an individual under the age of 65 years who is identified through a State income tax return under § 2–115 of the Tax – General Article as not having minimum essential coverage.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-202 - Maryland Easy Enrollment Health Insurance Program

(a)    There is a Maryland Easy Enrollment Health Insurance Program.
(b)    The purposes of the Program are to:
(1)    establish a State–based reporting system to provide information about the health insurance status of State residents through the use of State income tax returns to identify uninsured individuals and determine whether an uninsured individual is interested in obtaining minimum essential coverage;
(2)    determine whether an uninsured individual who is interested in obtaining minimum essential coverage qualifies for an insurance affordability program;
(3)    proactively contact an uninsured individual who is interested in obtaining minimum essential coverage to assist in enrolling the uninsured individual in an insurance affordability program and minimum essential coverage; and
(4)    maximize enrollment of eligible uninsured individuals in insurance affordability programs and minimum essential coverage to improve access to care and reduce insurance costs for all residents of the State.
(c)    (1)    The Exchange, the Department, and the Comptroller shall develop and implement systems, policies, and practices that encourage, facilitate, and streamline determination of eligibility for insurance affordability programs and enrollment in minimum essential coverage to achieve the purposes of the Program.
(2)    Except as provided in  § 2–115(d) of the Tax – General Article, the systems, policies, and practices shall be:
(i)    operational on or before January 1, 2020; and
(ii)    available for use by residents of the State when filing a State income tax return for taxable years that begin after December 31, 2018.
(d)    To facilitate the most efficient implementation of the Program, the Exchange, the Comptroller, and the Department may:
(1)    enter into agreements;
(2)    adopt regulations;
(3)    adopt guidelines;
(4)    establish accounts;
(5)    conduct trainings;
(6)    provide public information;
(7)    educate tax preparers; and
(8)    take any other steps as may be necessary to accomplish the purpose of the Program.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-203 - Maryland Easy Enrollment Health Insurance Program Advisory Workgroup

(a)    The Exchange shall establish a Maryland Easy Enrollment Health Insurance Program Advisory Workgroup to provide ongoing advice regarding the implementation of the Program.
(b)    The Advisory Workgroup shall include representation from:
(1)    the Office of the Comptroller;
(2)    consumer groups;
(3)    employers;
(4)    insurers;
(5)    health care providers;
(6)    navigators or other consumer assisters;
(7)    insurance brokers or agents;
(8)    labor organizations;
(9)    income tax preparers;
(10)    national policy experts; and
(11)    any other organizations or groups selected by the Exchange.
(c)    The Advisory Workgroup shall meet at least once every 6 months.
(d)    This section may not be construed to prevent the Exchange from convening other formal or informal working or advisory groups to facilitate the implementation of the Program.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-205 - Eligibility for Maryland Medical Assistance Program and Maryland Children's Health Program

(a)    The Exchange or the Department, as applicable, shall make a determination of eligibility, in accordance with  § 31–204 of this subtitle, for the Maryland Medical Assistance Program and, if applicable, the Maryland Children’s Health Program under this section, before determining eligibility for any other insurance affordability program.
(b)    (1)    If an uninsured individual is determined to be eligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program, the procedures described in this subsection and guidelines established by the Exchange, in consultation with the Department, to implement this subsection shall apply.
(2)    If an uninsured individual fails to select a managed care organization plan within a period of time established by the Exchange, the Department shall assign the uninsured individual to and promptly enroll the uninsured individual in a managed care organization plan.
(3)    Before the Department assigns an uninsured individual to a managed care organization plan, the uninsured individual shall receive:
(i)    advance notice;
(ii)    an opportunity to select another managed care organization plan within the period of time established by the Exchange; and
(iii)    an opportunity to opt out of coverage.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-206 - Eligibility for Premium Tax Credits or Cost-Sharing Reduction; Enrollment Period

(a)    If an uninsured individual is not determined to be eligible for the Maryland Medical Assistance Program or the Maryland Children’s Health Program under  § 31–205 of this subtitle, the Exchange shall determine, in accordance with  § 31–204 of this subtitle, whether the uninsured individual is eligible for premium tax credits or cost–sharing reductions as determined under this section.
(b)    (1)    A special or other enrollment period for the individual market shall begin on the date an income tax return is filed by or on behalf of an uninsured individual that includes the choice described in  § 2–115(c)(3) of the Tax – General Article, if the return is filed on or before the date specified by the Exchange.
(2)    The enrollment period described in this subsection shall last for a period of time determined by the Exchange before the start of the calendar year that may not be shorter than 14 days.
(c)    (1)    Information about the enrollment period described in subsection (b) of this section shall be communicated to the public and affected individuals through measures that may include language in the instructions for the State individual income tax return, if inclusion of the language is approved by the Comptroller.
(2)    The Exchange is authorized to conduct outreach to  individuals described in paragraph (1) of this subsection, using methods that may include written notices and the provision of individualized assistance by insurance agents and brokers, navigators, tax preparers, and Exchange contractors and staff.
(3)    Notwithstanding any other provision of this article, the Exchange may compensate an entity for outreach described in paragraph  (2) of this subsection in a manner that reflects, in whole or in part, the number of uninsured individuals enrolled under this section and  § 31–204 of this  subtitle by that entity.
2023 Maryland Statutes › Insurance › Title 31 - Maryland Health Benefit Exchange › Subtitle 2 - Maryland Easy Enrollment Health Insurance Program › Section 31-207 - Data Privacy and Security Safeguards

(a)    The Exchange shall develop a detailed set of data privacy and data security safeguards to govern the conveyance, storage, and utilization of data under the Program.
(b)    The safeguards developed under subsection (a) of this section shall ensure that the conveyance, storage, and utilization of data under the Program comply with applicable requirements of federal and State law.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Carrier” means:
(1)    an insurer;
(2)    a nonprofit health service plan;
(3)    a health maintenance organization; or
(4)    a dental plan organization.
(c)    “Insurance group” means, for the purpose of conducting an ORSA, those carriers and affiliates that are included within an insurance holding company system as defined in § 7–101 of this article.
(d)    “NAIC” means the National Association of Insurance Commissioners.
(e)    “Own Risk and Solvency Assessment” or “ORSA” means a confidential internal assessment, appropriate to the nature, scale, and complexity of a carrier or insurance group, that the carrier or insurance group conducts, of the material and relevant risks associated with the carrier’s or insurance group’s current business plan and the sufficiency of capital resources to support those risks.
(f)    “ORSA Guidance Manual” means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners.
(g)    “ORSA–related information” means any document, material, or other information related to an ORSA, an ORSA Summary Report, or a risk management framework of a carrier or insurance group.
(h)    “ORSA Summary Report” means a confidential high–level summary of the ORSA of a carrier or insurance group.
(i)    “Supervisory college” has the meaning stated in § 2–209.1 of this article.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-102 - Purposes; Applicability

(a)    The purposes of this title are to:
(1)    require a carrier or insurance group to maintain a risk management framework and complete an ORSA;
(2)    set the requirements for filing an ORSA Summary Report with the Commissioner; and
(3)    provide for the confidential treatment of the ORSA, the ORSA Summary Report, and other ORSA–related information.
(b)    This title applies to all carriers domiciled in the State that are not exempt under § 32–106 of this title.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-103 - Maintenance of Risk Management Framework

(a)    Each  carrier subject to this title shall maintain a risk management framework for identifying, assessing, monitoring, managing, and reporting its material and relevant risks.
(b)    A carrier may satisfy this requirement if the insurance group of which the  carrier is a member maintains a risk management framework that applies to the operations of the  carrier.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-104 - Orsa to Be Conducted

(a)    Subject to § 32–106 of this title,  a carrier, or the insurance group of which the  carrier is a member, shall regularly conduct an ORSA consistent with the process outlined in the ORSA Guidance Manual.
(b)    The ORSA shall be conducted:
(1)    regularly, but not less than once each year; and
(2)    at any time when there is a significant change to the risk profile of the  carrier or the insurance group of which the  carrier is a member.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-105 - Summary Report or Reports

(a)    On request of the Commissioner, but not more than once each year,  a carrier shall submit to the Commissioner an ORSA Summary Report or a combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the  carrier or the insurance group of which the carrier is a member.
(b)    Notwithstanding any request from the Commissioner, if the  carrier is a member of an insurance group, the  carrier shall submit the report required by this section if the Commissioner is the lead state commissioner of the insurance group as determined by the procedures in the Financial Analysis Handbook adopted by the NAIC.
(c)    The  carrier shall:
(1)    determine the most appropriate date of the filing based on the  carrier’s internal strategic planning processes; and
(2)    notify the Commissioner of the anticipated date of the filing.
(d)    The  carrier’s or insurance group’s chief risk officer or other executive with responsibility for the oversight of the  carrier’s enterprise risk management process shall sign the report and attest to the best of that individual’s belief and knowledge that:
(1)    the  carrier applies the enterprise risk management process described in the ORSA Summary Report; and
(2)    a copy of the report has been provided to the  carrier’s board of directors or the appropriate committee of the board.
(e)    A carrier may comply with subsection (a) of this section by providing the most recent and substantially similar report that the  carrier or another member of an insurance group of which the  carrier is a member provided to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction if that report provides information that is comparable to the information described in the ORSA Guidance Manual.
(f)    Any report that is provided under subsection (e) of this section in a language other than English must be accompanied by a translation of that report into English.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-107 - Orsa Summary Report

(a)    The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual.
(b)    Documentation and supporting information for the ORSA Summary Report shall be maintained and made available on examination or request of the Commissioner.
(c)    (1)    The Commissioner shall review the ORSA Summary Report.
(2)    The Commissioner shall make any requests for additional information using procedures similar to those currently used in the analysis and examination of multi–state or global  carriers and insurance groups.
(d)    The ORSA Summary Report shall include a short summary of material changes and updates to the ORSA Summary Report since the prior year.
(e)    The Commissioner may retain, at the  carrier’s expense, third–party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the Administration’s staff as may be reasonably necessary to assist the Administration in reviewing the  carrier’s risk management framework, ORSA, ORSA Summary Report, or compliance with this title.
2023 Maryland Statutes › Insurance › Title 32 - Risk Management and Own Risk and Solvency Assessment Act › Section 32-109 - Penalties for Noncompliance

(a)    Subject to § 2–210 of this article, a carrier that, without just cause, fails to timely file an ORSA Summary Report as required by this title is subject to a penalty of $200 for each day the violation continues, up to a maximum of $25,000.
(b)    The Commissioner may reduce the penalty under subsection (a) of this section if the carrier demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the carrier.
(c)    This section does not limit the authority of the Commissioner to take any other action authorized by this article.
2023 Maryland Statutes › Insurance › Title 33 - Insurance Data Security › Section 33-102 - Purpose of Title -- Restrictions on Construction of Title -- Compliance With Other Laws

(a)    The purpose of this title is to establish standards for:
(1)    data security; and
(2)    the investigation of and notification to the Commissioner of a cybersecurity event applicable to carriers.
(b)    This title may not be construed to:
(1)    create or imply a private cause of action for violation of its provisions; or
(2)    curtail a private cause of action which would otherwise exist in the absence of this title.
(c)    Compliance with this title does not relieve a carrier from a duty to comply with any other requirements of federal law or Title 14 of the Commercial Law Article relating to the protection and privacy of personal information.
2023 Maryland Statutes › Insurance › Title 33 - Insurance Data Security › Section 33-104 - Prompt Investigation of Cybersecurity Event -- Duties of Carrier and Necessary Steps

(a)    If a carrier learns that a cybersecurity event has or may have occurred, the carrier or an outside vendor or service provider designated to act on behalf of the carrier shall conduct a prompt investigation.
(b)    During the investigation, the carrier or an outside vendor or service provider designated to act on behalf of the carrier, shall, at a minimum:
(1)    determine as much of the following information as possible:
(i)    whether a cybersecurity event has occurred;
(ii)    the nature and scope of the cybersecurity event; and
(iii)    identification of nonpublic information that may have been involved in the cybersecurity event; and
(2)    perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event to prevent further unauthorized acquisition, release, or use of nonpublic information in the carrier’s possession, custody, or control.
(c)    If a carrier learns that a cybersecurity event has or may have occurred in a system maintained by a third–party service provider, the carrier shall complete the steps listed in subsection (b) of this section or confirm and document that the third–party service provider has completed those steps.
(d)    A carrier shall:
(1)    maintain records concerning all cybersecurity events for a period of at least 5 years from the date of the cybersecurity event; and
(2)    produce the records on demand of the Commissioner.
2023 Maryland Statutes › Insurance › Title 33 - Insurance Data Security › Section 33-106 - Federal Laws Governing Carriers -- Compliance

(a)    A carrier that is subject to, governed by, and compliant with the privacy, security, and breach notification rules issued by the U.S. Department of Health and Human Services, 45 C.F.R. Parts 160 and 164, established under the Health Insurance Portability and Accountability Act of 1996, and the Health Information Technology for Economic and Clinical Health Act, and that maintains nonpublic information in the same manner as protected health information:
(1)    shall be deemed to be in compliance with §§ 33–103 and 33–104 of this title; and
(2)    must comply with § 33–105(a) through (d) of this title.
(b)    A carrier that is subject to, governed by, and in compliance with § 33–103 of this title shall be deemed to be in compliance with §§ 14–3502 and 14–3503 of the Commercial Law Article.
2023 Maryland Statutes › Labor and Employment › Title 1 - Definitions; General Provisions › Subtitle 1 - Definitions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated.
(b)    “County” means a county of the State and, unless expressly provided otherwise, Baltimore City.
(c)    “Governmental unit” means:
(1)    the State;
(2)    a county, municipal corporation, or other political subdivision of the State; or
(3)    a unit of the State government or of a political subdivision.
(d)    “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(e)    “State” means:
(1)    a state, possession, or commonwealth of the United States;
(2)    except as provided in § 8–101(x) of this article, a territory of the United States; or
(3)    the District of Columbia.
2023 Maryland Statutes › Labor and Employment › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-201 - Documents Under Oath

(a)    A requirement in this article that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.
(b)    The oath or affirmation shall be made:
(1)    before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or
(2)    by a signed statement that:
(i)    is in the document or attached to and made part of the document; and
(ii)    is made expressly under the penalties for perjury.
(c)    If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.
2023 Maryland Statutes › Labor and Employment › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-202 - Compliance With Workers' Compensation Laws

(a)    In this section, “employer” has the same meaning as under the State workers’ compensation laws.
(b)    Before a governmental unit issues any license or permit to an employer to engage in an activity in which the employer may employ any individual, the employer shall file with the governmental unit:
(1)    a certificate of compliance with the State workers’ compensation laws; or
(2)    the number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › Labor and Employment › Title 2 - Division of Labor and Industry › Section 2-103 - Commissioner

(a)    The head of the Division is the Commissioner.
(b)    The Secretary shall appoint the Commissioner with the approval of the Governor.
(c)    The Commissioner holds office at the pleasure of the Secretary.
(d)    The Commissioner shall devote full time to the duties of office.
(e)    The Commissioner is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Labor and Employment › Title 2 - Division of Labor and Industry › Section 2-105 - General Responsibilities of Commissioner

In addition to any duties set forth elsewhere, the Commissioner shall:
(1)    try to promote harmony between industry and labor;
(2)    try to promote and develop the welfare of wage earners; and
(3)    accept grants of money from the federal government or any of its units or agents for a matter within the jurisdiction of the Division.
2023 Maryland Statutes › Labor and Employment › Title 2 - Division of Labor and Industry › Section 2-106 - Regulations

(a)    The Commissioner shall adopt regulations that govern procedure for boards of arbitration under Title 4, Subtitle 1 of this article.
(b)    Except as provided in subsection (c) of this section, and in addition to authority to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations that are necessary to carry out:
(1)    Title 3, Subtitle 3 of this article;
(2)    Title 3, Subtitle 5 of this article;
(3)    Title 3, Subtitle 13 of this article;
(4)    Title 4, Subtitle 2, Parts I through III of this article;
(5)    Title 5 of this article;
(6)    Title 6 of this article; and
(7)    Title 7 of this article.
(c)    (1)    After a public hearing, the Commissioner may adopt regulations that are necessary to carry out Title 3, Subtitle 4 of this article.
(2)    Unless the Commissioner provides otherwise, a regulation that the Commissioner adopts under this subsection takes effect on publication.
(d)    The Commissioner may adopt regulations that set forth the conditions under which an employer may require an employee to construct, erect, install, maintain, or repair a line that conducts electricity and that has a nominal voltage exceeding:
(1)    24,940 volts between a pair of conductors; or
(2)    14,400 volts between a conductor and a ground.
2023 Maryland Statutes › Labor and Employment › Title 2 - Division of Labor and Industry › Section 2-107 - Units in Division

(a)    In addition to any other units, the Division shall include the units enumerated in this section.
(b)    (1)    There is an Employment Standards Service Unit in the Division.
(2)    Under the direction of the Commissioner, the Employment Standards Service Unit shall:
(i)    enforce Title 3, Subtitle 2 of this article;
(ii)    carry out Title 3, Subtitle 3 of this article;
(iii)    enforce Title 3, Subtitle 4 of this article; and
(iv)    enforce Title 3, Subtitle 5 of this article.
(c)    There is a State Mediation and Conciliation Service in the Division.
(d)    (1)    There is a research and information unit in the Division.
(2)    Under the direction of the Commissioner, the research and information unit shall collect, organize, and report statistical information on matters within the jurisdiction of the Division.
(e)    There is a Safety Engineering and Education Service in the Division.
(f)    (1)    There is a Prevailing Wage Unit in the Division.
(2)    Under the direction of the Commissioner, the Prevailing Wage Unit shall administer and enforce Title 17, Subtitle 2 of the State Finance and Procurement Article.
(3)    (i)    The Prevailing Wage Unit shall advise and submit recommendations to the Commissioner on the Commissioner’s functions under Title 17, Subtitle 2 of the State Finance and Procurement Article.
(ii)    The Commissioner shall ask other units of the State government or units of local governments to provide statistical data, reports, and other information to help the Prevailing Wage Unit carry out its duties.
(g)    Notwithstanding the funding provisions of § 3–919 of this article, for fiscal year 2007 and for each subsequent fiscal year, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation for the Division of Labor and Industry sufficient to implement the provisions of this section, including amounts not less than:
(1)    $315,000 for implementation of the Employment Standards Service Unit in the Division; and
(2)    $385,000 for implementation of the Prevailing Wage Unit in the Division.
2023 Maryland Statutes › Labor and Employment › Title 2 - Division of Labor and Industry › Section 2-108 - Annual Report

(a)    As soon after January 1 of each year as reasonably possible, the Commissioner shall submit an annual report to the Governor, to the Secretary, and, subject to § 2-1257 of the State Government Article, to the General Assembly.
(b)    (1)    The report shall describe the activities of the Division during the preceding year.
(2)    The report shall include a description of its investigations under § 5-205(i) of this article.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 1 - Definitions; General Provisions › Section 3-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Labor and Industry.
(c)    (1)    “Employ” means to engage an individual to work.
(2)    “Employ” includes:
(i)    allowing an individual to work; and
(ii)    instructing an individual to be present at a work site.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 1 - Definitions; General Provisions › Section 3-102 - Administration

(a)    In addition to any duties set forth elsewhere, the Commissioner shall:
(1)    enforce Subtitle 2 of this title;
(2)    carry out Subtitle 3 of this title;
(3)    enforce Subtitle 4 of this title;
(4)    enforce Subtitle 9 of this title;
(5)    enforce Subtitle 16 of this title; and
(6)    enforce a local minimum wage law.
(b)    If the Governor declares an emergency or disaster, then, with the consent of the Governor, the Commissioner may suspend enforcement of any provision of Subtitle 2 of this title until the emergency or disaster ends.
(c)    The Commissioner has the same powers and duties in enforcing a local minimum wage law as the Commissioner has in enforcing Subtitle 4 of this title.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 2 - Employment of Minors › Section 3-203 - Scope of Subtitle

This subtitle does not apply to an activity that a minor performs if the activity:
(1)    is performed outside the school hours set for that minor;
(2)    does not involve manufacturing or mining;
(3)    is not a hazardous occupation restricted under § 3–213(c)(1) or (2) of this subtitle for that minor; and
(4)    is limited to:
(i)    farm work that is performed on a farm;
(ii)    domestic work that is performed in or about a home;
(iii)    work that is performed in a business that a parent of the minor or a person standing in place of the parent owns or operates;
(iv)    caddying on a golf course;
(v)    instructing on an instructional sailboat;
(vi)    delivery of newspapers to consumers;
(vii)    making an evergreen wreath in or about a home;
(viii)    work performed as a counselor, assistant counselor, or instructor in a youth camp certified under the Maryland Youth Camp Act; or
(ix)    work that is performed as an unpaid volunteer in a charitable or nonprofit organization, if:
1.    a parent of the minor or a person standing in the place of the parent consents in writing; and
2.    for hazardous work in a volunteer fire department or company or volunteer rescue squad, the minor:
A.    is at least 16 years old; and
B.    has completed or is taking a course of study about fire fighting or rescue.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 2 - Employment of Minors › Section 3-206 - Work Permits

(a)    A parent or guardian of a minor may apply for a work permit by completing an online application that includes:
(1)    verification of the minor’s age;
(2)    a description of the work to be performed by the minor;
(3)    approval by the parent or guardian of the minor’s employment; and
(4)    any other information the Commissioner may require.
(b)    After reviewing an online application for a work permit, the Commissioner may issue the permit if the employment is allowed under this subtitle for the minor for whom the permit is sought.
(c)    (1)    The Commissioner may issue a work permit that authorizes a minor to be employed in an occupation that otherwise would be restricted under § 3–213 of this subtitle, if the minor:
(i)    is exempted, under § 7–301(d)(2)(i) of the Education Article, from attendance in public school because the emotional, mental, or physical condition of the minor makes instruction detrimental to the progress of the minor;
(ii)    is to be employed only in office work;
(iii)    is to be employed in work that is performed outside of all rooms where goods are manufactured or processed; or
(iv)    is to be employed in work that a county school system obtains and supervises as part of a work–study, student–learner, or similar program for which the employment is an integral part of the course of study.
(2)    The Commissioner shall issue a work permit that authorizes a minor to be employed:
(i)    in an occupation that otherwise would be restricted under § 3–213 of this subtitle if the minor is granted an exception by the Commissioner because, after investigation, the Commissioner determines that neither the work nor the work site where the work is to be performed is hazardous to the minor; or
(ii)    in an occupation that otherwise would be restricted under § 3–213(c)(1) or (2) of this subtitle, if the minor:
1.    has completed a course of study in that occupation at an accredited school and has been graduated from the school; or
2.    is granted an exception by the Commissioner because employment in that occupation is part of a work–study, student–learner, or apprentice program under a federal, State, or local governmental agency.