reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.02 - Requirements for a Neonatal Commercial Ambulance Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. A commercial ambulance service wishing to provide neonatal ambulance services shall comply with the requirements of this chapter in addition to the other applicable requirements of this subtitle.
B. An ambulance service transporting neonates shall obtain a neonatal commercial ambulance service license.
C. An applicant for a neonatal commercial ambulance service license shall submit an application to SOCALR on the required form.
D. A completed application form shall be accompanied by documentation which states to SOCALR's satisfaction that the commercial ambulance service has:
(1) Retained two or more registered nurses who:
(a) Meet the requirements of the Board of Nursing under COMAR 10.27.09.04 to provide nursing care to neonates during interfacility transport; and (b) Agree to assume responsibility for patient care during the transport process;
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.03 - Additional Requirements for Neonatal Ambulances

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for a neonatal commercial ambulance license shall submit an application to SOCALR.
B. A licensed neonatal commercial ambulance service may only provide neonatal transport service with an ALS or SCT licensed commercial ambulance that meets all the requirements of this chapter.
C. A licensed neonatal commercial ambulance service shall ensure the patient is secured in a patient restraint device appropriate for the patient's age and weight.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.04 - Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed commercial ambulance, when providing neonatal service, shall be staffed by:
(1) A driver who meets the requirements in COMAR 30.09.07.02A(4)(a); and
(2) At least two individuals, in addition to the driver:
(a) At least one of whom shall be a registered nurse or physician with advanced training in the care of neonates; and
(b) The second individual shall be a Maryland licensed health care provider, including a physician, registered nurse, respiratory therapist, nurse practitioner, physician assistant, paramedic, or CRT, who is medically qualified to care for the patient and has additional training needed to care for neonatal patients during interfacility transport including:
(i) Knowledge of the Maryland EMS System;
(ii) The effects of transport on the neonate; and
(iii) The operation of neonatal transport equipment and ambulance communications equipment.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.05 - Additional Record-Keeping and Quality Assurance Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the information required in COMAR 30.09.08, the following information shall be documented on the patient runsheet:
(1) Mother's name;
(2) Name of the referring hospital;
(3) Name of the referring physician;
(4) Name of the receiving hospital;
(5) Name of the receiving physician;
(6) Date of birth;
(7) Time of birth;
(8) Gestational age of the patient;
(9) Weight of the patient;
(10) Primary reason for transport;
(11) Names and license or certification level of the commercial ambulance driver and all personnel;
(12) Time the request for transport was received by the commercial ambulance service;
(13) Time the transport team departed from base;
(14) Time the transport team arrived at the referral hospital;
(15) Time the transport team departed from the referral hospital;
(16) Time the transport team arrived at the receiving hospital; and
(17) Care provided during the transport.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.06 - Equipment Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed neonatal commercial ambulance service shall comply with COMAR 30.09.11.03 when transporting a neonate.
B. There shall be a written maintenance plan for all medical devices used on neonatal commercial ambulances approved by SOCALR, which shall provide that:
(1) All specialized medical devices used during transport shall:
(a) If provided by the hospital, be maintained by the hospital; or
(b) If provided by the licensed commercial ambulance service, be maintained as recommended by the manufacturer; and
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.12 - Neonatal Ambulance Service and Infant Transport › Section 30.09.12.07 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.13 - Air Ambulance Service › Section 30.09.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the requirements for a commercial air ambulance service.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.13 - Air Ambulance Service › Section 30.09.13.02 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be licensed as a commercial care air ambulance service, a commercial air ambulance service shall comply with the requirements of this chapter in addition to the other applicable requirements of this subtitle.
B. An applicant for a commercial air ambulance service license shall submit an application to SOCALR on the required form.
C. An applicant for a commercial air ambulance service license shall:
(1) Be accredited by CAMTS; or
(2) If ineligible to apply for CAMTS accreditation, because it has been in service for less than 1 year:
(a) Submit to SOCALR a CAMTS consultation report indicating compliance with the CAMTS standards; and
(b) Apply for and receive full CAMTS accreditation within 18 months of being licensed by SOCALR.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.13 - Air Ambulance Service › Section 30.09.13.03 - Additional Personnel Requirements for Commercial Air Ambulance Services

Current through Register Vol. 51, No. 14, July 12, 2024
A commercial air ambulance shall be staffed by:
A. A pilot who meets the requirements of licensure established by the Federal Aviation Administration 14 CFR Parts 61, 67, and 135; and
B. At least two additional individuals who meet or exceed the requirements for CAMTS accreditation at the level which the service is providing.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.13 - Air Ambulance Service › Section 30.09.13.04 - Additional Equipment Requirements for Air Ambulances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each air ambulance shall carry sufficient equipment and supplies listed in COMAR 30.09.10-13 to assure:
(1) The ability to carry out all procedures in the Maryland Medical Protocols for EMS Providers; and
(2) That when transporting specialty care patients, the additional equipment necessary to care for the patient being transported is available;
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.13 - Air Ambulance Service › Section 30.09.13.05 - Operational Requirements for Air Ambulance Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pilots of rotary wing air ambulances shall remain with the aircraft when the aircraft is occupying a hospital helipad with room for landing a single aircraft.
B. SYSCOM shall coordinate the landing sequence of multiple emergency medical services aircraft in consultation with the pilots-in-command based on patient priority.
C. Commercial air ambulance services shall:
(1) Comply with the requirements of COMAR 30.07; and
(2) Keep SYSCOM apprised of the location of their air ambulance at all times while the aircraft is in Maryland or in geographic proximity to the Maryland border in a contiguous state.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the requirements for a specialty care transport commercial ambulance service other than neonatal ambulance services. The requirements for neonatal ambulance services are in COMAR 30.09.12.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be licensed as a specialty care transport commercial ambulance service, a commercial ambulance service shall comply with the requirements of this chapter in addition to the other requirements of this subtitle.
B. An applicant for a specialty care transport commercial ambulance service license shall submit an application to SOCALR on the required form.
C. A licensed specialty care transport commercial ambulance service shall retain one or more medical directors as required by COMAR 30.03.03.
D. In addition to the qualifications in COMAR 30.03.03, the medical director for a specialty care service shall:
(1) Have educational experience in the care of the types of critically ill patients the service is transporting;
(2) Be board-certified in an appropriate specialty;
(3) Be actively practicing within a hospital clinical setting; and
(4) Use the following consultants when appropriate:
(a) Designated specialty physicians; or
(b) The patient's receiving physician.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.03 - Additional Requirements for Specialty Care Ambulances

Current through Register Vol. 51, No. 14, July 12, 2024
A. The interior configuration of an ambulance used for specialty care transport shall:
(1) Allow medical personnel access to the airway and at least one side of the patient from a secured, seat-belted position;
(2) Allow medical personnel to see all monitor read-outs from secured, seat-belted positions;
(3) Have all medical devices, supplies, and equipment stowed or adequately fastened to prevent items from becoming projectiles that can cause injury in an abrupt stop or crash; and
(4) Have compartments used to carry heavy objects, including oxygen cylinders, suction units, intravenous pumps, monitors, or ventilators, with positively locked latches designed to remain closed in an abrupt stop or crash with both latch and hinge bolted to the door and frame structure.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.04 - Additional Staffing Requirements for Specialty Care Commercial Ambulance Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An ambulance providing specialty care transport service shall be staffed as provided in this regulation.
B. If the care required is within the scope of practice of Specialty Care Paramedic and the patient requires no more than one specialty care intervention, as defined in the Maryland Medical Protocols for Emergency Medical Services:
(1) A driver who meets the requirements of COMAR 30.09.07.02A(4)(a); and
(2) A Specialty Care Paramedic.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.05 - Additional Requirements for Paramedic with Specialty Care Transport Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. The paramedic shall provide documentation to the licensed commercial ambulance service that they have successfully completed a specialty care transport course that meets the requirements of COMAR 30.04.03.
B. The medical director is responsible for credentialing the paramedic as required in COMAR 30.03.03.06.
C. The paramedic shall receive at least 36 hours of specialty care continuing education every 3 years.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.06 - Additional Documentation Requirements for Specialty Care Transport Ambulance Services

Current through Register Vol. 51, No. 14, July 12, 2024
The specialty care ambulance service shall maintain documentation on file for each individual providing patient care including:
A. Annual review of clinical competency in the skills required for the type that are transported; and
B. Proof of training on the use of the equipment necessary to care for and transport the patient, including those items in Regulation .04 of this chapter.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 09 - COMMERCIAL AMBULANCE SERVICES › Chapter 30.09.14 - Specialty Care Transport Services › Section 30.09.14.07 - Additional Equipment and Medication Requirements for Specialty Care Transport Ambulances

Current through Register Vol. 51, No. 14, July 12, 2024
A. All specialized medical devices used during transport shall:
(1) If provided by the hospital, be maintained by the hospital; or
(2) If provided by the licensed commercial ambulance services be maintained as recommended by the manufacturer.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.01 - General › Section 31.01.01.01 - Authority and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is promulgated as an aid to carry out the statutory provisions set forth in the Insurance Article, Annotated Code of Maryland. Its purpose is to establish standards for the construction and application of all regulations heretofore and hereafter made in order to permit brevity, avoid needless repetition of language, and facilitate reference to related Code sections.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.01 - General › Section 31.01.01.03 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each regulation made, amended, altered, or modified shall be deemed to contain or be subject to the provisions of this regulation, whether or not it is incorporated by reference or by express language.
B. References. Any reference to articles not otherwise designated means articles of the Annotated Code of Maryland, as amended, as of the date of effectiveness of the subject regulation. Any reference to the Article or the Insurance Article or to an individual article not otherwise designated means Insurance Article, Annotated Code of Maryland. Any Code section reference not otherwise designated means the section of the Insurance Article so numbered. Any section, subsection, paragraph, or subparagraph reference not designated as a Code section and not otherwise designated means the section, subsection, paragraph, or subparagraph so numbered of the regulation in which the reference appears.
C. Definitions.
(1) Unless a word is expressly defined in this title and the definition is applicable to a regulation or part of a regulation, any word used in any regulation shall have the meaning provided in the Insurance Article if applicable and as limited in the Insurance Article, including the list of definitions contained in Regulation .04 of this chapter.
(2) Notwithstanding §C(1) of this regulation, in the case of a conflict between a definition in the Insurance Article and a definition in this title, the definition in the Insurance Article is controlling.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.01 - General › Section 31.01.01.04 - Definitions Section Reference List

Current through Register Vol. 51, No. 14, July 12, 2024
Definitions
Section
Admitted Assets (text unchanged)
Adviser
10-201(b)
Affiliate - Association (text unchanged)
Attorney in fact
3-212(a)
Authorized Insurer - Insurance (text unchanged)
Insurance Business - Person (text unchanged)
Policy - Public Adjuster (text unchanged)
Qualified Jurisdiction
5-901(d)
Qualified United States Financial Institution
5-901(e)
Receiver - State (text unchanged)
State, Impaired Entities
9-201(n)
Stock Insurer - Title Insurance (text unchanged)
Ultimate Controlling Person
7-101(h)
Unauthorized Insurer - Wholesale Life Insurance (text unchanged)
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.01 - General › Section 31.01.01.05 - Penalties Section Reference List

Current through Register Vol. 51, No. 14, July 12, 2024
Section
Annual Statement Filing - Penalty
4-116
Insurance Producer-Fine in Lieu of Revocation, etc. - Fraternal Benefit Society-Misrepresentation (text unchanged)
General Criminal Penalty, Willful Violation
1-301
Insurance Adviser-License Revocation, etc. (text unchanged)
Insurer - Certificate of Authority Revocation, etc.
4-113, 8-424(e), 9-308(b)
Insurer-Penalties in Lieu of Revocation, etc. - Nonprofit Health Service Plans-License Revocation (text unchanged)
Nonprofit Health Service Plans - Criminal Penalties
14-140
Premium Finance Registrations-Revocation & Fines - Rating Violation-Title Insurance (text unchanged)
Reciprocal Insurer - Certificate of Authority Revocation
3-208
Rules and Regulations - Surplus Lines-Broker's Licenses
Surplus Lines-Evidence of Insurance- Misdemeanor
3-326
Unauthorized Insurers Premium Penalty For Late Payment
4-211
Unauthorized Insurers Act Violation - Unfair Claim Settlement Practices (text unchanged)
4-212
Unfair Trade Practices, Cease and Desist
27-103
Witnesses and Evidence, Failure to Comply With Subpoena, Inquiry
2-203
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to provide safeguards to consumers with respect to their dealings with entities licensed or registered to transact insurance business in the State in the event of:
A. A Governor-declared state of emergency;
B. A Presidential declaration of a major disaster or emergency declaration under the Federal Stafford Act; or
C. A national or public health emergency that within the Commissioner's discretion affects the State that:
(1) Is issued:
(a) By the President of the United States under §201, 202(d) or 301 of the Federal National Emergencies Act; or
(b) By the Secretary of Health and Human Services under the Federal Public Health Service Act; and
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to:
(1) Each insurer, nonprofit health service plan, health maintenance organization, and dental plan organization licensed to do business in Maryland;
(2) Each premium finance company registered to do business in Maryland; and
(3) Each pharmacy benefits manager registered to do business in Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) All Other Lines.
(a) "All other lines " means any line of business or coverage that is not included in any of the line/coverage definitions under this chapter for which claims attributable to a disaster subject to a data call were reported.
(b) "All other lines" does not include mortgage/financial guaranty, title, fidelity, surety, medical malpractice, or professional liability insurance lines of business.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.04 - Disaster Contact Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each insurer, nonprofit health service plan, and dental plan organization authorized to issue insurance contracts that provide health insurance, life insurance, property insurance, or casualty insurance in Maryland shall provide primary and backup contact information for individuals the Commissioner may contact in the event of a disaster or catastrophic event.
B. The information required under §A of this regulation shall also be provided by:
(1) Health maintenance organizations licensed to operate in Maryland;
(2) The Maryland Automobile Insurance Fund;
(3) The Joint Insurance Association; and
(4) Premium finance companies.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.05 - Activation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an event described in Regulation .01 of this chapter occurs, the Commissioner may activate one or more of the requirements specified in this chapter adopted under this regulation by issuing a bulletin specifying:
(1) That a specific requirement of the chapter is activated;
(2) The line or lines of business to which the activated requirement described in §A(1) of this regulation applies;
(3) The geographic areas to which the activated requirement described in §A(1) of this regulation applies; and
(4) The period of time for which the activated requirement described in §A(1) of this regulation applies.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.06 - Life and Health

Current through Register Vol. 51, No. 14, July 12, 2024
A. The bulletin issued by the Commissioner under Regulation .05 of this chapter may require health carriers to:
(1) Suspend health benefit cancellations and nonrenewals;
(2) Allow a provider in the geographic area to which the regulation applies to submit a claim for service provided 30 calendar days prior to the effective date of the regulation, up to 240 calendar days after the date the service was rendered;
(3) Waive any time restrictions on prescription medication refills and authorize payment to pharmacies for at least a 30-day supply of any prescription medication, regardless of the date upon which the prescription medication had most recently been filled by a pharmacist;
(4) Waive any restrictions on the time frame for the replacement of durable medical equipment or supplies, eyeglasses, and dentures;
(5) Except as provided in §§J and K of this regulation, waive any cost-sharing, including copayments, coinsurance, and deductibles, for any visit to diagnose or test for a specified illness, regardless of the setting of the testing (for example, an emergency room, urgent care center, or primary physician's office);
(6) Except as provided in §§J and K of this regulation, waive any cost-sharing, including copayments, coinsurance, and deductibles, for laboratory fees to diagnose or test for a specified illness;
(7) Except as provided in §§J and K of this regulation, waive any cost-sharing, including copayments, coinsurance, and deductibles, for vaccination for a specified illness; and
(8) Except as provided in §§J and K of this regulation, waive any cost-sharing, including copayments, coinsurance, and deductibles, for treatment for a specified illness.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.07 - Property and Casualty

Current through Register Vol. 51, No. 14, July 12, 2024
A. The bulletin issued by the Commissioner under Regulation .05 of this chapter may require insurers authorized in the State who write property and casualty insurance, the Maryland Automobile Insurance Fund, and the Joint Insurance Association to:
(1) Suspend policy cancellations and nonrenewals;
(2) Extend the time periods for completion of repairs to an affected property in the event that repairs necessitated by the disaster or catastrophic event cannot be completed within the time period required under the policy;
(3) Provide any or all of the data listed in §C of this regulation in a manner required by the Commissioner in the bulletin;
(4) Implement a grace period of up to 60 days for the receipt of premium payments from customers prior to cancellation of policies;
(5) Suspend the obligation of title insurers to conduct on-site reviews of each of its title insurance producers appointed as principal agents within the calendar year pursuant to COMAR 31.04.22.04, provided that the process and procedures for conducting virtual audits are submitted to, and deemed adequate by, the Commissioner;
(6) Suspend the requirements under Insurance Article, §
										8-210, Annotated Code of Maryland, for an insurer to conduct an on-site review of the underwriting and claims processing operations of its managing general agent;
(7) Suspend the requirement under Insurance Article, §
										8-520, Annotated Code of Maryland, for a reinsurer to conduct on-site review of the underwriting and claims processing operations of the reinsurance manager; and
(8) On request of the Commissioner, provide any additional information that the Commissioner determines is necessary because of the nature of the emergency.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.08 - Premium Finance Companies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The bulletin issued by the Commissioner under Regulation .05 of this chapter may require every premium finance company registered to do business in this State to:
(1) Suspend cancellations of insurance policies for nonpayment of funds due under the premium finance agreement;
(2) Grant affected persons an extension of any and all contractual provisions or other requirements that impose a time limit for an insured to perform any act including the payment of funds; and
(3) Waive additional interest, penalties, fees, or other charges accrued or assessed as the result of the extension required herein.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.09 - Notification of Actions Taken to Implement Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To the extent that an entity subject to Regulation .04A or B of this chapter establishes procedures specific to a disaster or emergency event for consumers to use, such as specific contact phone numbers, the entity may use alternative forms of communication to notify consumers of these procedures.
B. Examples of alternative forms of communication referenced in §A of this regulation include, but are not limited to:
(1) Press releases;
(2) Public service announcements;
(3) Placing information in local newspapers; and
(4) Posting information on the carrier's website.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 01 - GENERAL PROVISIONS › Chapter 31.01.02 - Emergency Powers › Section 31.01.02.10 - Deadlines

Current through Register Vol. 51, No. 14, July 12, 2024
A. The bulletin issued by the Commissioner under Regulation .05 of this chapter may extend the statutorily imposed deadline for submissions to the Administration by up to 30 days. These submissions may include:
(1) Requests for hearings;
(2) Premium increase protests;
(3) Other complaints;
(4) Exceptions to Office of Administration Hearing opinions; or
(5) Responses to Insurance Article, §
										27-1001, Annotated Code of Maryland, complaints.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. This chapter applies to all contested case hearings:
(1) Heard by the Administration; or
(2) Delegated by the Administration to the Office of Administrative Hearings under State Government Article, §
										10-205, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.03 - Request for a Hearing - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to all requests for a hearing except a request for a hearing on a proposed examination report.
B. A person may request a hearing under Insurance Article, §
									2-210(a)(2), Annotated Code of Maryland, by submitting a written statement to the Commissioner, signed by the requesting person.
C. Request to be Received Within 30 Days.
(1) The request shall be received by the Commissioner within 30 days of the date of the letter notifying the party of the Commissioner's action, intention to act, or failure to act.
(2) In calculating the 30-day period, the date of the letter notifying the party of the Commissioner's action, intention to act, or failure to act is not included.
(3) The end of a day is considered to be 11:59 p.m. Eastern Time.
(4) The last day of the 30-day period is included unless it is a Saturday, Sunday, legal holiday, or a day that the Administration is closed for a part of the day.
(5) If the last day of the 30-day period is a Saturday, Sunday, legal holiday, or a day that the Administration is closed for a part of the day, the 30-day period runs until the end of the next day which is not a Saturday, Sunday, legal holiday, or a day that the Administration is closed for a part of the day.
(6) Intermediate Saturdays, Sundays, legal holidays, and days that the Administration is closed for a part of the day shall be counted toward the 30-day period.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.04 - Request for a Hearing - Proposed Examination Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to a request for a hearing on a proposed examination report.
B. Proposed Examination Report.
(1) At least 30 days before filing a proposed examination report, the Commissioner shall mail a copy of the proposed examination report to the person that was examined.
(2) If the Commissioner intends to impose a fine or other penalty or require restitution or other remedy as a result of the findings of the proposed examination report, the Commissioner may include with the proposed examination report:
(a) The amount of the fine;
(b) The amount or nature of the restitution; and
(c) The nature of any other penalty or remedy.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.04-1 - Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may, on a case-by-case basis, delegate to the Office the authority to:
(1) Conduct a contested case hearing; and
(2) Issue:
(a) Proposed or final findings of fact;
(b) Proposed or final conclusions of law;
(c) Proposed or final findings of fact and conclusions of law; or
(d) A proposed or final order.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.05 - Service of Notices, Decisions, Orders, and Other Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration or the Office shall provide notice of a hearing pursuant to State Government Article, §
									10-209, Annotated Code of Maryland.
B. Notices, decisions, orders, and other documents issued by the Administration or the Office may be served on a person by:
(1) Personal delivery to the person;
(2) Mailing a copy of the document, first class, postage prepaid, to the person's address of record on file with the Administration;
(3) Mailing a copy of the document, first class, postage prepaid, to the person's last known address if different from the person's address of record on file with the Administration;
(4) Mailing a copy of the document by certified mail to the person's address of record on file with the Administration or last known address; or
(5) Delivering or mailing a copy of the document, first class, postage prepaid, to the person's attorney, if the person is represented by counsel.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.05-1 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. By written request served on other parties and filed with the hearing officer not later than 20 days before the scheduled hearing, a party may require any other party to produce, within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible thing:
(1) Relevant to the subject matter of the case; and
(2) Not privileged.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.06 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. On request of a party, the Administration may issue subpoenas requiring the attendance and testimony of witnesses and the production, at the hearing, of any tangible items in the possession or under the control of a witness.
B. Subpoena Requests.
(1) A request for a subpoena shall:
(a) Be made, in writing, to the Administration; and
(b) Specify the:
(i) Name and full address of the person to be subpoenaed, and
(ii) Name, full address, and telephone number of the party requesting the subpoena.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.07 - Conduct of Hearing - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to all hearings except a hearing on a proposed examination report.
B. A hearing conducted under this chapter shall be open to the public.
C. Parties to Contested Case Proceeding.
(1) The necessary parties to a contested case proceeding are:
(a) The Administration;
(b) A person against whom the Commissioner has:
(i) Received an administrative complaint; or
(ii) Issued a charging document, order, or notice; and
(c) A person who requests a hearing due to being aggrieved by:
(i) A determination made by the Commissioner; or
(ii) Any other act of, threatened act of, or failure to act by the Commissioner.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.08 - Conduct of Hearing - Proposed Examination Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to a hearing on a proposed examination report.
B. Burden of Proof. At a hearing under this regulation:
(1) The proposed examination report is part of the record; and
(2) The party that requested the hearing on the proposed examination report has the burden of going forward and the burden of proving its exceptions to the proposed examination report.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.09 - Postponements

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the discretion of the hearing officer, a hearing may be postponed if a written request for postponement is filed with the Administration or the Office not later than 15 days before the date of the hearing.
B. A hearing may not be postponed, except for good cause, when the request for postponement is filed within 15 days of the date of the hearing.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.09-1 - Decision by an Administrative Law Judge

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to a contested case where the Office has been delegated authority to conduct a contested case hearing under Regulation .04-1A of this chapter.
B. Contents. The administrative law judge who hears a case shall submit to the Commissioner a decision that contains whichever of the following were authorized in the Commissioner's delegation of authority to the Office for the case:
(1) Proposed or final findings of fact;
(2) Proposed or final conclusions of law;
(3) Proposed or final findings of fact and conclusions of law; or
(4) A proposed or final order.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.10 - Default Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to unauthorized insurers.
B. A hearing officer may issue a default order against a party other than the Administration that, after receiving proper notice, fails to appear at a hearing if:
(1) In a hearing arising out of a charging document, order, or notice issued by the Commissioner, the party failing to appear is the person against whom the charging document, order, or notice was issued;
(2) In a hearing arising out of a determination involving an administrative complaint, the party failing to appear is a necessary party under Regulation .07C of this chapter; or
(3) In any other contested case hearing, the party failing to appear is the person that requested the hearing.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.10-1 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to a contested case where the Office has been delegated authority to issue proposed findings of fact, proposed conclusions of law, or a proposed order.
B. On receipt of a decision that contains proposed findings of fact, proposed conclusions of law, or a proposed order, the parties affected have:
(1) 20 days after receipt to file exceptions to the proposed findings of fact, proposed conclusions of law, or proposed order with the Commissioner; or
(2) 10 days to:
(a) File a written request for a transcript with the Commissioner in order to file exceptions; or
(b) File with the Commissioner a copy of that party's written request to its private stenographer for the party's preparation of a transcript based on its own record of the testimony in order to file exceptions.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.10-2 - Final Order following Proposed Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to a contested case where the Office has been delegated authority to issue proposed findings of fact, proposed conclusions of law, or a proposed order.
B. Issuance. After consideration of the administrative law judge's proposed findings of fact, proposed conclusions of law, or proposed order, and any exceptions filed by the parties, the Commissioner shall issue a final order or a remand order.
C. Effect of Proposed Findings of Fact, Proposed Conclusions of Law, and Proposed Order. In reviewing the administrative law judge's proposed findings of fact, proposed conclusions of law, or proposed order, the Commissioner is:
(1) Bound by the findings of fact that are supported by competent, material, and substantial evidence; and
(2) Not bound by any legal analysis, proposed conclusions of law, or proposed order.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.11 - Relief Granted in the Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may not be subject to an administrative penalty or to the suspension or revocation of any certificate, license, registration, or special permit held by the licensee unless a notice of agency action under State Government Article, §
									10-207, Annotated Code of Maryland, is issued by the Administration to the licensee.
B. In the final order issued pursuant to a hearing arising out of a determination involving an administrative complaint, the hearing officer may order relief as appropriate under the relevant provisions of Health-General Article or Insurance Article, Annotated Code of Maryland.
C. A final order from a hearing arising out of a determination involving an administrative complaint that results in a finding against a licensee does not bar the Commissioner from subsequently issuing a notice of agency action against the licensee for the purpose of imposing an administrative penalty or suspending or revoking any certificate, license, registration, or special permit held by the licensee.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.12 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
The hearing officer shall sign the final order following a hearing. The final order is effective when issued, unless a different date is specified in the decision. A copy of the final order shall be filed with the Administration and served on all parties to the hearing.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.13 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for a rehearing shall be made in writing to:
(1) The Commissioner in a contested case heard by the Administration;
(2) The Commissioner in a contested case where the Office has been delegated authority to hear the contested case but the Commissioner has retained authority to issue the final order; or
(3) The administrative law judge in a contested case where the Office has been delegated authority to issue a final order.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.01 - Hearings › Section 31.02.01.14 - Mistake or Error in the Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration or the Office may correct an order if, upon review, the final order was issued as a result of fraud, mistake, or inadvertence or contains a clerical error.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.03 - Hearings Arising from Cancellation, Nonrenewal, Increase in Premium, or Reduction of Coverage under a Motor Vehicle Liability Insurance Policy › Section 31.02.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to hearings arising from the cancellation, nonrenewal, reduction of coverage, or increase in premium that is not consistent with the insurer's surcharge plan under a motor vehicle liability insurance policy as provided in Insurance Article, §
									27-605, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.03 - Hearings Arising from Cancellation, Nonrenewal, Increase in Premium, or Reduction of Coverage under a Motor Vehicle Liability Insurance Policy › Section 31.02.03.02 - Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. In hearings arising under this chapter, subject to Regulation .03 of this chapter, the Commissioner may delegate to the Office of Administrative Hearings the authority to:
(1) Conduct hearings;
(2) Issue final findings of fact and conclusions of law; and
(3) Issue final orders.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.03 - Hearings Arising from Cancellation, Nonrenewal, Increase in Premium, or Reduction of Coverage under a Motor Vehicle Liability Insurance Policy › Section 31.02.03.03 - Revocation of Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may revoke all or part of a delegation of authority to the Office of Administrative Hearings to preside over a hearing if the case:
(1) Involves novel or unanticipated factual or legal issues;
(2) Has significant social, fiscal, or legal issues;
(3) Involves policy issues of general applicability; or
(4) Requires further investigation.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.04 - Penalties › Section 31.02.04.02 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
In determining the amount of the financial penalty to be imposed, the Commissioner shall consider the following:
A. The seriousness of the violation;
B. The good faith of the violator;
C. The violator's history of previous violations;
D. The deleterious effect of the violation on the public and the insurance industry; and
E. The assets of the violator.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with the Maryland Insurance Administration for the inspection and copying of records under General Provisions Article, Title 4, Annotated Code of Maryland.