reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 3 - People's Insurance Counsel › Section 6-303 - Administration and Direction of Division

(a)    The Office of the Attorney General shall include in its annual budget sufficient money for the administration and operation of the Division.
(b)    The Division may retain as necessary for a particular matter or employ experts in the field of insurance regulation, including accountants, actuaries, and lawyers.
(c)    The People’s Insurance Counsel shall direct the Division.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 3 - People's Insurance Counsel › Section 6-304 - Funding

(a)    The Commissioner shall:
(1)    collect an annual assessment from each medical professional liability insurer and homeowner’s insurer for the costs and expenses incurred by the Division in carrying out its duties under this subtitle; and
(2)    deposit the amounts collected into the People’s Insurance Counsel Fund established under § 6–305 of this subtitle.
(b)    The assessment payable by a medical professional liability insurer or homeowner’s insurer is the product of the fraction obtained by dividing the gross direct premium written by the medical professional liability insurer or homeowner’s insurer in the prior calendar year by the total amount of gross direct premium written by all medical professional liability insurers or homeowner’s insurers in the prior calendar year, multiplied by the amount of the total costs and expenses under subsection (a)(1) of this section.
(c)    (1)    The assessment collected under this section is:
(i)    in addition to any penalties or premium tax imposed under the Insurance Article; and
(ii)    due and payable to the Commissioner on or before a date determined by the Commissioner each year.
(2)    (i)    Failure by an insurer to pay an assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of the Insurance Article.
(ii)    In addition to the penalty imposed under subparagraph (i) of this paragraph, if an assessment fee is not paid on or before the due date, the Commissioner may impose a penalty of 5% of the amount due and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 3 - People's Insurance Counsel › Section 6-305 - People's Insurance Counsel Fund

(a)    In this section, “Fund” means the People’s Insurance Counsel Fund.
(b)    There is a People’s Insurance Counsel Fund.
(c)    The purpose of the Fund is to pay all costs and expenses incurred by the Division in carrying out its duties under this subtitle.
(d)    The Fund shall consist of:
(1)    all revenue deposited into the Fund that is received through the imposition and collection of the assessment under § 6-304 of this subtitle; and
(2)    income from investments that the State Treasurer makes for the Fund.
(e)    (1)    Expenditures from the Fund may be made only by:
(i)    an appropriation from the Fund approved by the General Assembly in the annual State budget; or
(ii)    the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article.
(2)    (i)    If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual costs and expenses incurred by the Division to carry out its duties under this subtitle, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Commissioner for the following fiscal year.
(ii)    If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Division to carry out its duties under this subtitle, and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional assessment may be made.
(f)    (1)    The State Treasurer is the custodian of the Fund.
(2)    The Fund shall be invested and reinvested in the same manner as State funds.
(3)    The State Treasurer shall deposit payments received from the Commissioner into the Fund.
(g)    (1)    The Fund is a continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    No part of the Fund may revert or be credited to:
(i)    the General Fund of the State; or
(ii)    a special fund of the State, unless otherwise provided by law.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 3 - People's Insurance Counsel › Section 6-306 - Functions

(a)    (1)    The Division shall evaluate each medical professional liability insurance and homeowner’s insurance matter pending before the Commissioner to determine whether the interests of insurance consumers are affected.
(2)    If the Division determines that the interests of insurance consumers are affected, the Division may appear before the Commissioner and courts on behalf of insurance consumers in each matter or proceeding over which the Commissioner has original jurisdiction.
(b)    (1)    The Division shall review any rate increase of 10% or more filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer.
(2)    If the Division finds that the rate increase is excessive, inadequate, or unfairly discriminatory, the Division shall appear before the Commissioner on behalf of insurance consumers in any hearing on the rate filing.
(c)    As the Division considers necessary, the Division shall conduct investigations and request the Commissioner to initiate an action or proceeding to protect the interests of insurance consumers.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 3 - People's Insurance Counsel › Section 6-307 - Powers

(a)    In appearances before the Commissioner and courts on behalf of insurance consumers, the Division has the rights of counsel for a party to the proceeding, including the right to:
(1)    summon witnesses, present evidence, and present argument;
(2)    conduct cross-examination and submit rebuttal evidence; and
(3)    take depositions in or outside of the State:
(i)    in proceedings before the Commissioner, subject to regulation by the Commissioner to prevent undue delay; and
(ii)    in proceedings in court, in accordance with the procedure provided by law or rule of court.
(b)    The Division may appear before any federal or State tribunal or agency, in a judicial or administrative action, to protect the interests of insurance consumers.
(c)    (1)    Except as otherwise provided in the Insurance Article and any applicable freedom of information act, the Division shall have full access to the Commissioner’s records, including rate filings and supplementary rate information filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer under Title 11 of the Insurance Article, and shall have the benefit of all other facilities or information of the Commissioner.
(2)    The Division is entitled to the assistance of the Commissioner’s staff if:
(i)    the staff determines that the assistance is consistent with the staff’s responsibilities; and
(ii)    the staff and the Division agree that the assistance, in a particular matter, is consistent with their respective interests.
(d)    The Division may recommend to the General Assembly legislation on any matter that the Division considers would promote the interests of insurance consumers.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Department” means the Department of Juvenile Services.
(c)    “Disciplinary action” means any punitive action against a child that results in more security, additional obligations, or less personal freedom.
(d)    “Deputy Director” means the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(e)    “Facility” means:
(1)    a residential facility operated by the Department;
(2)    a residential facility owned by the Department but privately operated; and
(3)    a residential facility licensed by the Department.
(f)    (1)    “Grievance” means a complaint made by a child or on behalf of a child due to a circumstance or an action considered to be unjust.
(2)    “Grievance” does not include an employee grievance, disciplinary appeal, or complaint.
(g)    “Juvenile justice monitor” means an individual employed by the Office of the Attorney General to determine whether the needs of children under the jurisdiction of the Department are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.
(h)    “Secretary” means the Secretary of Juvenile Services.
(i)    “Unit” means the Juvenile Justice Monitoring Unit of the Office of the Attorney General.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-402 - Established; Function

(a)    There is a Juvenile Justice Monitoring Unit of the Office of the Attorney General.
(b)    The function of the Unit is to investigate and determine whether the needs of children under the jurisdiction of the Department of Juvenile Services are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-403 - Organization of Unit; Salaries; Requirements

(a)    The Unit shall include:
(1)    a full-time Director of Juvenile Justice Monitoring; and
(2)    staff, including juvenile justice monitors, as provided in the State budget.
(b)    Salaries of the Director and juvenile justice monitors and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Unit shall be as provided in the State budget.
(c)    In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salaries, qualifications, and standards of training and experience for positions with the Unit.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-404 - Duties

The Unit shall:
(1)    evaluate at each facility:
(i)    the child advocacy grievance process;
(ii)    the Department’s monitoring process;
(iii)    the treatment of and services to youth;
(iv)    the physical conditions of the facility; and
(v)    the adequacy of staffing;
(2)    review all reports of disciplinary actions, grievances, and grievance dispositions received from each facility and alterations in the status or placement of a child that result in more security, additional obligations, or less personal freedom;
(3)    receive copies of the grievances submitted to the Department;
(4)    perform unannounced site visits and on–site inspections of facilities;
(5)    receive and review all incident reports submitted to the Department from facilities;
(6)    receive reports of the findings of child protective services investigations of allegations of abuse or neglect of a child in a facility;
(7)    ensure that each facility is in compliance with the regulations applicable to residential facilities;
(8)    monitor the implementation of educational programs at each residential facility;
(9)    collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services in all matters related to the licensing and monitoring of children’s residential facilities; and
(10)    have a representative available to attend meetings of the advisory boards established under § 9–230 of the Human Services Article and meetings of the Juvenile Services Education Board established under § 9–502 of the Human Services Article.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-405 - Additional Powers

The Unit may:
(1)    review relevant laws, policies, procedures, and juvenile justice records, including records relating to individual youth;
(2)    on request, conduct interviews with staff, youth, and others;
(3)    review investigative reports produced by the Department relating to youth in facilities; and
(4)    participate, within the context of the local department of social services’ multidisciplinary team process, in a child protective services investigation conducted under Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect within any assigned facility.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 4 - Juvenile Justice Monitoring Unit › Section 6-406 - Reports

(a)    The Unit shall report in a timely manner to the Deputy Director, the Secretary, and, in accordance with § 2–1257 of this article, the Speaker of the House of Delegates and the President of the Senate:
(1)    knowledge of any problem regarding the care, supervision, and treatment of children in facilities;
(2)    findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and
(3)    all other findings and actions related to the monitoring required under this subtitle.
(b)    (1)    The Unit shall report quarterly to the Executive Director and the Secretary.
(2)    A copy of the report shall be provided to the State Advisory Board for Juvenile Services and, in accordance with § 2–1257 of this article, the General Assembly.
(3)    The report shall include:
(i)    all activities of the Unit;
(ii)    actions taken by the Department resulting from the findings and recommendations of the Unit, including the Department’s response; and
(iii)    a summary of any violations of the standards and regulations of the Department that remained unabated for 30 days or more during the reporting period.
(c)    Beginning in 2006, on or before November 30 of each year, the Unit shall report to the Executive Director, the Secretary, the advisory boards established under § 9–230 of the Human Services Article, the Governor, and, in accordance with § 2–1257 of this article, the General Assembly, on all the activities of the Office and the actions taken by the Department in response to findings and recommendations of the Unit.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 5 - Special Education Ombudsman › Section 6-502 - Ombudsman in Office of Attorney General -- Purpose

(a)    There is a Special Education Ombudsman in the Office of the Attorney General.
(b)    The purpose of the Ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 5 - Special Education Ombudsman › Section 6-503 - Appointment of Ombudsman -- Salaries -- Qualifications and Experience

(a)    The Attorney General shall appoint the Ombudsman.
(b)    Salaries of the Ombudsman and staff under the Ombudsman and expenses related to the operation of the toll–free telephone number established under § 6–505 of this subtitle, rent, equipment, supplies, and general operations shall be as provided in the State budget.
(c)    In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salary, qualifications, and experience standards for the Ombudsman and any staff under the Ombudsman.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 5 - Special Education Ombudsman › Section 6-504 - Duties of Ombudsman -- Communications Confidential

(a)    The Ombudsman shall:
(1)    serve as a source of knowledge and information on the State and federal laws, rules, and regulations governing the education of students with disabilities for parents, students, educators, and interested members of the public;
(2)    provide impartial information to the parents of students with disabilities on how to navigate the process of obtaining special education evaluations and services;
(3)    provide impartial information to parents, public schools, and educators on the procedures for resolving disagreements and disputes regarding the provision of special education or disciplinary action taken against students with disabilities;
(4)    explain to parents of children with disabilities the rights of parents and students and how the parents may avail themselves of those rights;
(5)    work neutrally and objectively with all persons to ensure that the special education system functions as intended;
(6)    identify any patterns of complaints made by parents of students with disabilities and inform the State Department of Education about any such pattern; and
(7)    serve as a general resource for disability–related information and make referrals to available State and federal services and programs for individuals with disabilities.
(b)    In performing the duties assigned under this section, the Ombudsman shall treat all communications as confidential and may reveal the details of any communication only if:
(1)    necessary to achieve the Ombudsman’s duties; and
(2)    done in accordance with applicable State and federal law.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 5 - Special Education Ombudsman › Section 6-506 - Annual Report -- Information Included

On or before July 1, 2022, and each July 1 thereafter, the Ombudsman shall, consistent with federal and State privacy laws and in accordance with § 2–1257 of this article, submit a report to the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means that includes:
(1)    the number and type of calls received on the toll–free telephone number during the previous year;
(2)    any patterns of complaints filed by parents identified under § 6–504(a)(7) of this subtitle;
(3)    a summary of the services provided by the Ombudsman during the previous year; and
(4)    any recommendations the Ombudsman determines are appropriate and necessary concerning the State’s implementation of special education services and procedures.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 6 - Independent Investigations Division › Section 6-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Division” means the Independent Investigations Division in the Office of the Attorney General.
(c)    “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 6 - Independent Investigations Division › Section 6-602 - Independent Investigations Division -- Police-Involved Incidents

(a)    There is an Independent Investigations Division within the Office of the Attorney General.
(b)    (1)    The Division is the primary investigative unit for police–involved incidents that result in the death of civilians or injuries likely to result in death.
(2)    The Office of the Attorney General shall determine whether an incident is police–involved and whether an injury is likely to result in death.
(c)    The Division:
(1)    shall investigate all police–involved incidents that result in the death of a civilian or injuries that are likely to result in the death of a civilian; and
(2)    may investigate any other crimes related to police misconduct that are discovered during an investigation under item (1) of this subsection.
(d)    In conducting an investigation under subsection (c) of this section, the Division may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county.
(e)    (1)    Within 15 days after completing an investigation required under subsection (c) of this section, the Division shall transmit a report containing detailed investigative findings to the State’s Attorney of the county that has jurisdiction to prosecute the matter.
(2)    Except as otherwise provided by law, the report under this subsection shall remain confidential through adjudication of any associated criminal case at the trial court level.
(f)    To investigate and assist with the investigation of alleged criminal offenses committed by police officers, the Division may:
(1)    detail one or more police officers employed by the Department of State Police; and
(2)    employ other civilian personnel as needed.
(g)    (1)    The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Division.
(2)    Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Division.
2023 Maryland Statutes › State Government › Title 6 - Attorney General › Subtitle 6 - Independent Investigations Division › Section 6-603 - Subpoena in Ongoing Criminal Investigation -- Attorney Present -- Failure to Obey -- Rights Not Abrogated

(a)    (1)    For the limited purpose of furthering an ongoing criminal investigation, the Attorney General or a Deputy Attorney General or an assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents.
(2)    A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court.
(b)    (1)    A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or an agent of the Attorney General.
(2)    The Attorney General shall advise a person of the right to counsel when the subpoena is served.
(c)    (1)    (i)    If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter.
(ii)    The Attorney General shall provide a copy of the subpoena and proof of service to the circuit court.
(2)    After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief.
(d)    This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 1 - Definitions; General Provisions › Section 6.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Acquisition” means:
(1)    a sale, lease, transfer, merger, or joint venture that results in the disposal of the assets of a nonprofit health entity to a for–profit corporation or entity or to a mutual benefit corporation or entity when a substantial or significant portion of the assets of the nonprofit health entity are involved or will be involved in the agreement or transaction;
(2)    a transfer of ownership, control, responsibility, or governance of a substantial or significant portion of the assets, operations, or business of the nonprofit health entity to any for–profit corporation or entity or to any mutual benefit corporation or entity;
(3)    a public offering of stock; or
(4)    a conversion to a for–profit entity.
(c)    “Administration” means the Maryland Insurance Administration.
(d)    “Department” means the Maryland Department of Health.
(e)    “Health maintenance organization” has the meaning stated in § 19–701 of the Health – General Article.
(f)    “Hospital” has the meaning stated in § 19–301 of the Health – General Article.
(g)    “Nonprofit health entity” means:
(1)    a nonprofit hospital;
(2)    a nonprofit health service plan; or
(3)    a nonprofit health maintenance organization.
(h)    “Nonprofit health service plan” means a corporation without capital stock with a certificate of authority from the Insurance Commissioner to operate as a nonprofit health service plan or a nonprofit dental plan.
(i)    “Public assets” includes:
(1)    assets held for the benefit of the public or the community;
(2)    assets in which the public has an ownership interest; and
(3)    assets owned by a governmental entity.
(j)    “Regulating entity” means:
(1)    for an acquisition of a nonprofit hospital, the Attorney General in consultation with the Department;
(2)    for an acquisition of a nonprofit health service plan, the Administration; and
(3)    for an acquisition of a nonprofit health maintenance organization, the Administration.
(k)    “Transferee” means the person in an acquisition that receives the ownership or control of the nonprofit health entity that is the subject of the acquisition.
(l)    “Transferor” means the nonprofit health entity that is the subject of the acquisition, or the corporation that owns the nonprofit health entity that is the subject of the acquisition.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 1 - Definitions; General Provisions › Section 6.5-103 - Regulations

(a)    The Attorney General, the Department, and the Administration shall adopt regulations to carry out this title.
(b)    The regulations adopted under subsection (a) of this section shall include provisions that establish hearing and appeal procedures.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 2 - Application Process › Section 6.5-201 - Application Process and Content

(a)    (1)    A person that seeks to engage in an acquisition of a nonprofit health entity shall submit an application to the appropriate regulating entity.
(2)    The application submitted under paragraph (1) of this subsection shall be in addition to any other filing required by law.
(b)    An application shall include:
(1)    the name of the transferor;
(2)    the name of the transferee;
(3)    the names of any other parties to the acquisition agreement;
(4)    the terms of the proposed acquisition, including the sale price;
(5)    a copy of the acquisition agreement;
(6)    a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in § 6.5-301 of this title;
(7)    an independent valuation of the nonprofit health entity that was obtained prior to the consideration of any bid or offer to acquire the nonprofit health entity;
(8)    an antitrust analysis prepared by an appropriate expert; and
(9)    any other documents related to the acquisition.
(c)    (1)    On request to the regulating entity, and subject to paragraphs (2), (3), and (4) of this subsection, an application and related documents shall be available for public inspection and copying.
(2)    Except as provided in paragraphs (3) and (4) of this subsection or otherwise by law, all information and documents that are filed with the regulating entity in compliance with the requirements of this title or that are reported to, obtained by, or otherwise disclosed to the regulating entity or any other person in the course of an examination or investigation made under this title:
(i)    are confidential material;
(ii)    are not subject to subpoena; and
(iii)    may not be made public by the regulating entity or any other person.
(3)    Material that otherwise is confidential under paragraph (2) of this subsection may be made public by any person to whom the nonprofit health entity to which the material relates gives prior written consent.
(4)    If, after giving a nonprofit health entity notice and an opportunity to be heard, the regulating entity determines that it is in the interest of the policyholders, stockholders, or the public to make public any material relating to the nonprofit health entity that otherwise is confidential under paragraph (2) of this subsection, the regulating entity may make public all or part of the material in an appropriate manner.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 2 - Application Process › Section 6.5-202 - Receiving an Application

(a)    Within 10 working days after receiving an application, the appropriate regulating entity shall:
(1)    publish notice of the application in the most widely circulated newspapers that are part of a nonprofit health entity’s service area; and
(2)    notify by first-class mail any person that has requested in writing notice of the filing of an application.
(b)    The notice under subsection (a) of this section shall:
(1)    state that an application has been received;
(2)    state the names of the parties to the acquisition;
(3)    describe the contents of the application;
(4)    state the date by which a person must submit written comments on the application; and
(5)    provide the date, time, and place of the public hearing on the acquisition.
(c)    The applicant shall bear the cost of the notice required under this section.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 2 - Application Process › Section 6.5-203 - Regulatory Entity

(a)    (1)    As soon as practicable, but no later than 90 days after receiving a complete application, including all necessary expert reports, the appropriate regulating entity shall hold a public hearing.
(2)    If the nonprofit health entity is a hospital, the regulating entity shall hold the public hearing in the jurisdiction in which the hospital is located.
(b)    A public hearing under this section shall be a quasi–legislative hearing and not a contested case hearing.
(c)    Any person may file written comments and exhibits or make a statement at the public hearing.
(d)    The regulating entity may:
(1)    subpoena information and witnesses;
(2)    require sworn statements;
(3)    take depositions; and
(4)    use related discovery procedures.
(e)    (1)    The regulating entity may contract with experts as reasonably necessary to:
(i)    determine whether to approve an acquisition generally;
(ii)    perform an independent valuation of the public or charitable assets of the transferor;
(iii)    evaluate the impact of the acquisition on the affected community;
(iv)    determine whether there has been due diligence by the transferor; and
(v)    determine the existence of any conflicts of interest.
(2)    The selection of an expert by a regulating entity under paragraph (1) of this subsection shall be subject to the State procurement laws.
(3)    If a regulating entity contracts for expert assistance under paragraph (1) of this subsection, the transferee shall pay the reasonable cost of the expert assistance, as determined by the regulating entity.
(f)    Within 60 days after the record, including the public hearing process, has been closed, the appropriate regulating entity shall:
(1)    approve the acquisition, with or without modifications; or
(2)    disapprove the acquisition.
(g)    (1)    Subject to paragraph (2) of this subsection, at its discretion, the regulating entity may extend for good cause for a 60–day period the time for making a determination under subsection (f) of this section.
(2)    The regulating entity is limited to a maximum of two 60–day extensions for making a determination on the same application.
(h)    (1)    Except as provided in paragraph (2) of this subsection, a determination made by the appropriate regulating entity under subsection (f) of this section may not take effect until the earlier of:
(i)    90 calendar days after the date the determination is made; or
(ii)    the date when ratified or rejected by the General Assembly.
(2)    The appropriate regulating entity may waive the waiting period under paragraph (1)(i) of this subsection if the appropriate regulating entity determines that waiving the waiting period is in the best interest of the public.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-302 - Considerations by Attorney General

In determining whether to approve an acquisition of a nonprofit hospital, the Attorney General shall consider:
(1)    the criteria listed in § 6.5-301 of this subtitle; and
(2)    whether the affected community will have continued access to affordable health care.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-303 - Considerations by Administration

In determining whether to approve an acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, the Administration shall consider:
(1)    the criteria listed in § 6.5–301 of this subtitle; and
(2)    whether the acquisition:
(i)    is equitable to enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;
(ii)    is in compliance with Title 2, Subtitle 6 of the Corporations and Associations Article; and
(iii)    ensures that the transferee will possess surplus in an amount sufficient to:
1.    comply with the surplus required under law; and
2.    provide for the security of the transferee’s certificate holders and policyholders.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-304 - For-Profit Health Entity

(a)    A corporation that becomes a for-profit health entity under this title may not be deemed to have abandoned its corporate status by virtue of an acquisition unless the acquisition provides specifically to the contrary.
(b)    The certificate of authority, agent appointments, licenses, forms, and any other filings in existence at the time of an acquisition shall continue in full force and effect upon an acquisition if a corporation at all times remains qualified to engage in business in the State.
(c)    All outstanding contracts of a transferor shall remain in full force and effect and need not be otherwise endorsed unless ordered by the regulating entity.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-305 - Nonprofit Health Service Plan

(a)    The Secretary of the Department may revoke or suspend a license to operate a hospital in accordance with § 19-327 of the Health - General Article if an acquisition occurs without the approval of the Attorney General.
(b)    An acquisition of a nonprofit health service plan or a nonprofit health maintenance organization may not occur without the approval of the Administration.
(c)    A nonprofit health service plan or a nonprofit health maintenance organization may not be operated for profit.
(d)    If the Commissioner determines that a nonprofit health service plan or a nonprofit health maintenance organization is in violation of subsection (b) or (c) of this section, the Commissioner may, in addition to any other remedies authorized by law, require the following:
(1)    the divestiture of the acquisition;
(2)    that the entity fully comply with this title;
(3)    that the entity file a plan for conversion to a for-profit entity as required under this title;
(4)    that the certificate of authority of the entity to operate as a nonprofit health service plan or a nonprofit health maintenance organization in this State be revoked or suspended; or
(5)    the payment of a penalty as provided for in § 4-113(d)(1) of the Insurance Article for each violation of subsection (b) or (c) of this section.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-306 - Charitable Entity or Trust

(a)    Before a public or nonprofit charitable entity or trust may receive a distribution of public or charitable assets in accordance with an agreement, contract, or transaction approved by the regulating entity under this subtitle, it shall have mechanisms in place to:
(1)    avoid conflicts of interest; and
(2)    prohibit the making of grants that would benefit:
(i)    the public or nonprofit charitable entity’s or trust’s board of directors;
(ii)    the public or nonprofit charitable entity’s or trust’s management;
(iii)    the for-profit stock entity; or
(iv)    a mutual entity.
(b)    A public or nonprofit charitable entity or trust that receives a distribution of public or charitable assets shall submit an annual report to the office regarding the grant-making and other charitable activities of the entity related to its use of the public or charitable assets received.
(c)    The annual report submitted under subsection (b) of this section shall be made available to the public at the principal office of the public or nonprofit charitable entity or trust.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 3 - Review Criteria and Penalties › Section 6.5-307 - Foreign Nonprofit Health Entity

(a)    This title does not apply to the acquisition of a foreign nonprofit health entity operating in this State if the appropriate regulating entity determines, based on the standards set forth in this title, that any public or charitable assets of the nonprofit health entity that serve health care needs in this State will be adequately protected.
(b)    Any nonprofit health entity that the appropriate regulating entity has determined under subsection (a) of this section that this title does not apply shall submit an information copy of its application to engage in an acquisition to the regulating entity.
2023 Maryland Statutes › State Government › Title 6.5 - Attorney General -- Acquisition of Nonprofit Health Entities › Subtitle 4 - Maryland Health Care Trust › Section 6.5-401 - In General

(a)    (1)    There is a Maryland Health Care Trust.
(2)    The Trust is a body corporate, subject to modification or termination by the General Assembly.
(3)    The purpose of the Trust is to:
(i)    be of general benefit to the residents of the State;
(ii)    be charitable in nature; and
(iii)    accept and retain money for future expenditures to be used to implement Acts of the General Assembly, other than the State budget bill, that:
1.    improve the health status of residents of the State; and
2.    specifically direct the use of assets of the Trust.
(4)    Money expended from the Trust is supplemental to, and is not intended to take the place of, State funds that would otherwise be appropriated by the State for the improvement of the health care status of the residents of the State.
(b)    (1)    The State Treasurer shall be the trustee of the Trust.
(2)    The powers and duties of the Trust shall rest in and be exercised by the trustee.
(c)    The powers and duties of the Trust shall be established and modified solely by the General Assembly.
(d)    In accordance with this title, the Trust consists of the public and charitable assets received as a result of the acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, approved by the Administration on or after June 1, 2001, or a nonprofit hospital, approved by the Attorney General in consultation with the Department.
(e)    (1)    The State Treasurer shall manage, invest, and reinvest the Trust in the same manner that State funds are invested.
(2)    The Trust shall be held and accounted for separate and apart from the funds of the State.
(f)    Any interest or other investment earnings of the Trust shall be credited to and paid into the Trust.
(g)    (1)    The trustee shall make provision for a system of financial accounting, controls, audits, and reports.
(2)    The trustee shall report to the Governor and, in accordance with § 2–1257 of this article, to the General Assembly on or before December 1, 2004, and annually thereafter on the status of the assets of the Trust.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 1 - General Provisions › Section 7-104 - Interstate Agreements

(a)    This section does not apply to an agreement for the care, treatment, or supervision of 1 individual.
(b)    Except as provided in subsection (c) of this section, a unit that enters into an international or interstate compact or other international or interstate agreement of general application, including an amendment to a compact or agreement, on behalf of the State, shall file a copy of the compact or agreement with the Division of State Documents in the Office of the Secretary of State.
(c)    A unit need not file a copy of a compact or agreement under this section if the compact or agreement is part of the Annotated Code of Maryland.
(d)    The Division of State Documents in the Office of the Secretary of State shall:
(1)    keep an agreement or compact delivered under this section:
(i)    until any limit that is set for the agreement or compact to become effective expires; and
(ii)    if the agreement or compact becomes effective, until it is abrogated; and
(2)    publish the agreement or compact in the Maryland Register.
(e)    After keeping the agreement or compact for the time required under this section, the Division of State Documents may deliver the agreement or compact to the State Archives.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 1 - General Provisions › Section 7-105 - Records on Civil Officers

(a)    The Secretary of State shall:
(1)    keep a book in which the Secretary records each commission that the Governor issues to a civil officer; and
(2)    send the commission of each civil officer to the individual before whom the officer is to qualify.
(b)    (1)    The Secretary of State shall keep the records on qualification of civil officers that the clerks of court file as provided by law.
(2)    The Secretary of State may certify to the qualification of a civil officer to the same extent that a clerk of court may certify.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 1 - General Provisions › Section 7-106 - Authentication of Records

(a)    The Secretary of State shall have a seal for the authentication of copies of records in the Office of the Secretary.
(b)    Except as otherwise provided by law, the Secretary of State may charge a person:
(1)    for the authentication of a copy of a record in the custody of the Secretary, a fee of not more than $5; and
(2)    if the person does not provide the copy for authentication, 50 cents a page.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 1 - General Provisions › Section 7-107 - Salary

The Secretary of State’s annual salary shall be:
(1)    $112,500 for the first year of appointment beginning January, 2023;
(2)    $116,000 starting on the first anniversary after appointment;
(3)    $118,500 starting on the second anniversary after appointment; and
(4)    $120,000 starting on the third anniversary after appointment and thereafter.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 1 - General Provisions › Section 7-108 - Limited Civil Liability of Registered Community Associations

(a)    In this section, “affidavit” means a written statement:
(1)    made to the best of the affiant’s knowledge, information, and belief; and
(2)    the contents of which are affirmed under the penalties of perjury.
(b)    A nonprofit association, corporation, or other organization that has been in existence for at least 5 years and promotes social welfare and general civic improvement may register with the Secretary of State as a community association by filing an affidavit that the organization meets the requirements of § 5-406(a)(7) of the Courts Article.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 2 - Division of State Documents › Section 7-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administrator” means the Administrator of the Division.
(c)    “Code of Maryland Regulations” means the Code of Maryland Regulations and its permanent supplements.
(d)    “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.
(e)    “Division” means the Division of State Documents.
(f)    “Executive order” has the meaning stated in § 3-401 of this article.
(g)    “Register” means the Maryland Register.
(h)    “Regulation” has the meaning stated in § 10-101 of this article, unless the context clearly requires otherwise.
(i)    (1)    “Unit” means an officer or unit in the Executive Branch of the State government that is authorized by law to adopt regulations or to adjudicate contested cases.
(2)    “Unit” does not include a board of license commissioners.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 2 - Division of State Documents › Section 7-203 - Administrator

(a)    The head of the Division is the Administrator, who shall be appointed by the Governor.
(b)    (1)    The Administrator holds office during good behavior.
(2)    Subject to the hearing requirements of this subsection, the Governor may remove the Administrator for inefficiency, neglect of duty, or misconduct in office.
(3)    Before the Governor removes the Administrator, the Governor shall:
(i)    prepare written charges; and
(ii)    give the Administrator a copy of the charges and an opportunity for public hearing.
(4)    Notice of the hearing shall be given to the Administrator at least 10 days before the hearing.
(5)    The Administrator may be represented at the hearing by counsel.
(c)    The Administrator exercises the powers and performs the duties under this subtitle and Title 10, Subtitle 1 of this article subject to the general supervision of the Secretary of State.
2023 Maryland Statutes › State Government › Title 7 - Secretary of State › Subtitle 2 - Division of State Documents › Section 7-204 - General Responsibility of Division and Administrator

(a)    The Division shall compile and edit:
(1)    the Code of Maryland Regulations; and
(2)    as a temporary supplement, the Maryland Register.
(b)    Subject to the limitations in this subtitle, the Administrator is responsible for the publication and distribution of the Code of Maryland Regulations and the Register.