reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Workforce Development Sequence Scholarship is to provide financial assistance to students enrolled in workforce development sequences at community colleges in the State or registered apprenticeship programs that partner with community colleges in the State.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.02 - 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) "Associated costs of attendance" means costs incurred by a student to purchase books or equipment that are necessary for the completion of the workforce development sequence for which the student is receiving a Workforce Development Sequence Scholarship, and any related testing fees for licensure or certification.
(2) "Commission" means the Maryland Higher Education Commission.
(3) "Noncredit certificate" means a document issued by a community college to a student certifying that the student has completed a noncredit sequence of courses.
(4) "Office " means the Office of Student Financial Assistance within the Commission.
(5) "Registered apprenticeship program" means an apprenticeship program approved by the Division of Workforce Development and Adult Learning in the Maryland Department of Labor.
(6) "Secretary" means the Secretary of Higher Education.
(7) Workforce Development Sequence.
(a) "Workforce development sequence" means:
(i) A group of noncredit courses, approved by the Commission, that is offered by a community college and composed of courses related to job preparation, an apprenticeship, licensure, certification, or job skill enhancement; or
(ii) A registered apprenticeship program.
(b) "Workforce development sequence" does not include a sequence of courses leading to an associate or bachelor's degree.
(8) "Workforce Development Sequence Scholarship" or "Scholarship" means an award made to an eligible student under this chapter.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.03 - Establishment and Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is a Workforce Development Sequence Scholarship, which shall be administered by the Office consistent with this chapter and pursuant to participation agreements with participating community colleges.
B. To participate in the Workforce Development Sequence Scholarship, a community college shall enter into a participation agreement with the Office, upon the terms prescribed by the Secretary, which, at a minimum, shall include terms to:
(1) Safeguard the confidentiality of personally identifiable information;
(2) Ensure the accuracy of student eligibility determinations under this chapter; and
(3) Provide for the return by the college to the Office any Scholarships not awarded consistent with this chapter and the participation agreement.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.04 - Approval of a Workforce Development Sequence

Current through Register Vol. 51, No. 14, July 12, 2024
A. A community college shall apply to the Commission for approval of a workforce development sequence on a form prescribed by the Secretary.
B. The Secretary shall approve a workforce development sequence application if:
(1) The Secretary determines that completion of the courses in the sequence results in the issuance of a noncredit certificate to the student; and
(2) Each course in the sequence:
(a) Is eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;
(b) Is eligible to be funded through the federal Workforce Innovation and Opportunity Act;
(c) Is designed to prepare an individual to sit for a licensing exam required by a State regulatory agency for employment in a specific occupational field;
(d) Is a required component of a registered apprenticeship; or
(e) In the Secretary's determination:
(i) Is approved for State funding through the Request for State Funding of a Continuing Education Course (CC-10) application process; and
(ii) Has the purpose of job enhancement or job preparation, or leads to licensure or certification for an occupation that requires licensure or certification.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.05 - Student Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible to receive a Workforce Development Sequence Scholarship, a student shall satisfy the criteria set forth in §§B and C of this regulation.
B. Residency. A student is eligible for a scholarship if the student:
(1) Graduated from a Maryland high school;
(2) Is a Maryland resident; or
(3) Is an active duty member of the U.S. Military who resides in the State or is stationed or domiciled in the State.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.06 - Award Amount and Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Workforce Development Sequence Scholarship may not exceed $2,000 per student annually.
B. A Workforce Development Sequence Scholarship shall be used solely for tuition, mandatory fees, costs to participate in a registered apprenticeship program, and other associated costs of attendance that have not been met through another grant or scholarship by the State or employer.
C. A Workforce Development Sequence Scholarship may be combined with any other grant or scholarship, provided that the total amount of grants or scholarships does not exceed the student's tuition, mandatory fees, apprenticeship costs, and other associated costs of attendance.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.07 - Institutional Allocation and Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the beginning of each State fiscal year, and no later than September 15, the Office shall notify each participating college of the total dollar amount of Scholarships that may be awarded to students attending the college during the fiscal year.
B. The Office shall allocate equally among the community colleges up to 50 percent of the annual dollar amount budgeted for the Workforce Development Sequence Scholarship.
C. The amount remaining after the allocation required under §B of this regulation shall be allocated proportionately to participating community colleges based upon student enrollment as follows:
(1) Each college's most recent FTE enrollment in workforce development sequences, based upon the previous year's Enrollment Report for Equated Credit Continuing Education Courses (CC3 report), shall be divided by the total FTE enrollment for all workforce development sequences offered by all participating colleges; and
(2) The percentage derived from the calculation in §C(1) of this regulation shall be multiplied by the total number of awards (in $2,000 increments) not allocated, and the result shall be the additional allocation to the college.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.08 - Disbursement and Reallocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each participating community college is responsible for awarding its allocation to eligible students.
B. If a college fails to use 66 percent or more of its allocated awards by March 15, the remaining unused awards shall be returned to the Office and redistributed to community colleges meeting the 66 percent requirement, on a pro-rata basis, unless the community college losing the award demonstrates, in the judgment of the Office, that it has eligible candidates to whom it will make the remaining awards.
C. The Office shall notify colleges of any reallocation of awards made after March 15.
D. If a community college does not spend the entire amount allocated to it in a fiscal year by June 15, the following year's allocated amount will be reduced by the amount of unspent funds.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.09 - Distribution of Awards to Students

Current through Register Vol. 51, No. 14, July 12, 2024
A. Selection Criteria. In determining the selection criteria to be applied to award applicants, a community college:
(1) Shall ensure that awards are made only to students who are eligible under Regulation .05 of this chapter;
(2) May not make an award to any student who already has received the award for two workforce development sequences, regardless of the duration, cost, or successful completion of the sequences; and
(3) May determine the prioritization of awards based upon any of the following criteria:
(a) The workforce needs of the service area of the institution;
(b) The availability to the applicant of other funds;
(c) Whether the student has received the award previously; and
(d) The order in which applications were submitted by applicants.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.10 - Continuation of Workforce Development Sequence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval of a Workforce Development Sequence terminates when the condition under which the sequence was approved ceases, including by:
(1) A determination by the U.S. Department of Education that one or more of the courses in the sequence are no longer eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;
(2) A determination by the Department of Labor, Licensing, and Regulation that the sequence is no longer eligible to be funded through the federal Workforce Innovation and Opportunity Act;
(3) A determination by a licensing board that the licensing exam that is the subject of the sequence no longer is required for employment in a specific occupational field;
(4) A determination by the Department of Labor, Licensing, and Regulation that the sequence is no longer a required component of a registered apprenticeship; or
(5) A determination by the Secretary that:
(a) Any course in the sequence is no longer eligible for State funding through the CC-10 application process; or
(b) The sequence no longer has the purpose of job enhancement or job preparation, or no longer leads to licensure or certification for occupations that require the licensure or certification.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 08 - FINANCIAL AID › Chapter 13B.08.23 - Workforce Development Sequence Scholarship › Section 13B.08.23.11 - Record Keeping, Audits, and Annual Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. All financial books, records, and documents pertaining to the Workforce Development Sequence Scholarship program shall be open to inspection, review, and audit at all times by the Commission, the State auditor, or their authorized representatives.
B. A community college shall include the Workforce Development Sequence Scholarship program in any independent audit conducted for the college on State financial aid programs.
C. Except as provided in §D of this regulation, each community college that participates in the Workforce Development Sequence Scholarship program shall submit to the Office:
(1) By October 15, a report of all initial awards for the academic year that includes for each award the:
(a) Name and social security number of each award recipient;
(b) Cost of attendance for each sequence of courses;
(c) Amount awarded to each recipient;
(d) Workforce development sequence in which each recipient is enrolled;
(e) Any registered apprenticeship in which the recipient participated;
(f) State and county residency of each award recipient; and
(g) For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated;
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.01 - Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is a Legal Representation Fund for Title IX Proceedings.
B. The Fund shall be administered by the Commission pursuant to Education Article, §
									11-601, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.02 - 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) "Commission" means the Maryland Higher Education Commission.
(2) "Complainant" means a current or former student of an institution of higher education operating within the State who:
(a) Makes a complaint to an institution of higher education on which a formal Title LX investigation is initiated; and
(b) Was enrolled at the institution at the time of the incident that is the basis of the complaint.
(3) "Fund" means the Legal Representation Fund for Title IX Proceedings.
(4) "Respondent" means a current or former student of an institution of higher education operating within the State who:
(a) Responds to a complaint on which a formal Title LX investigation is initiated; and
(b) Was enrolled as a student at the institution at the time of the incident that is the basis of the complaint.
(5) "Secretary" means the Secretary of Higher Education.
(6) "Title IX proceeding " or "Title IX investigation " means an institution's formal process of investigating and resolving a written complaint under Title IX of the federal Education Amendments of 1972, 20 U.S.C. §
											1681, as amended.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.03 - Institutional Policies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each institution of higher education that is required to adopt a sexual assault policy under Education Article, §
									11-601, Annotated Code of Maryland, shall include within the policy provisions that a complainant or respondent may:
(1) Obtain from the Commission, through its website, a list of licensed attorneys who have indicated that they will represent complainants or respondents in Title IX proceedings on a pro bono basis or for reduced legal fees; and
(2) Through the complainant's or respondent's attorney, seek payment for the attorney of certain legal costs and fees from the Commission's Legal Representation Fund for Title IX Proceedings, subject to the availability of funding.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.04 - Administration of the Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Fund shall be funded through, and subject to, an appropriation specified in the State budget.
B. Claims for reimbursement submitted under Regulation .05 of this chapter may be granted subject to the availability of funds.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.05 - Claims for Reimbursement of Legal Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. An attorney licensed in the State who has represented a complainant or respondent in Title IX proceedings may seek reimbursement from the Fund, for up to 20 hours of legal costs and fees, by submitting an application to the Commission in the form prescribed by the Secretary.
B. The application form prescribed by the Secretary shall require the attorney to disclose, at a minimum:
(1) Information about the Title IX proceeding, including the identity of the institution and the time period of legal representation;
(2) The attorney's retainer agreement with the complainant or respondent;
(3) A detailed billing statement of legal services provided to the complainant or respondent;
(4) Certification from the attorney that the billing statement is accurate and complete;
(5) Written authorization, signed by the client, that:
(a) The attorney may seek reimbursement from the Fund to pay the client 's fees; and
(b) If applicable, the client understands and agrees that the client is responsible for paying any fees that are not reimbursed through the Fund; and
(6) Certification from the attorney that, if the attorney is included within the pool created under Regulation .06 of this chapter, the attorney has not charged, and will not charge, the client any costs and fees in excess of the reduced rate identified in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.06 - Pool of Attorneys Accepting Pro Bono Clients or Reduced Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. After consultation with legal service providers with expertise about sexual assault and with State and local bar associations, the Commission shall create and maintain a list of attorneys, each of whom represents and agrees tha t he or she:
(1) Is licensed to practice law in Maryland;
(2) Is in good standing with the Maryland Court of Appeals;
(3) Has malpractice insurance sufficient to cover representation in a Title IX proceeding;
(4) Is qualified and willing to represent a complainant, a respondent, or either, in a Title IX proceeding; and
(5) Shall represent complainants or respondents in Title IX proceedings:
(a) On a pro bono basis; or
(b) At fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation established under Human Services Article, Title 11, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 09 - INSTITUTIONAL SEXUAL ASSAULT POLICIES › Chapter 13B.09.01 - Legal Representation Fund for Title IX Proceedings, under a new subtitle, Subtitle 09 Institutional Sexual Assault Policies › Section 13B.09.01.07 - Reimbursements from the Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall grant a claim for reimbursement submitted under Regulation .05 of this chapter if it determines, in its sole discretion, that:
(1) The application submitted under Regulation .05 of this chapter is complete and accurate;
(2) The legal services for which reimbursement is sought were provided to a complainant or respondent solely in connection with a Title IX proceeding at an institution of higher education operating within the State;
(3) The legal costs and fees for which reimbursement is sought are reasonable; and
(4) The Fund contains sufficient funds to grant the reimbursement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.01 - General Provisions › Section 14.01.01.02 - Rules of Construction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Singular and
				Plural. In interpreting and applying this subtitle, the singular includes the
				plural.
B. Computation of Time.
(1) In computing a period of time prescribed
				by this subtitle or an applicable statute, after a day, act, or event occurs,
				the following rules apply:
(a) The day of the
				act, event, or default after which the designated period of time begins to run
				is not included;
(b) If the period
				of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal
				holidays are counted;
(c) If the
				period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and
				legal holidays are not counted; and
(d) The last day of the computed period is
				included unless it is a Saturday, Sunday, or legal holiday, in which event the
				period runs until the end of the next day that is a work
				day.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.01 - General Provisions › Section 14.01.01.03 - Open Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public
				Attendance.
(1) The general public is invited
				to attend and observe an open session of the Board.
(2) A member of the public attending an open
				session may not participate in the session, except when:
(a) The Board expressly invites public
				testimony, questions, comments, or other forms of public participation;
				or
(b) Public participation is
				otherwise authorized by law or regulation.
(3) The Chair, or the Chair's designee, may
				extend or waive any time requirement in this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.01 - General Provisions › Section 14.01.01.04 - Confidential, Trade-Secret, and Proprietary Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Collection
				of Records and Information.
(1)
				Identification.
(a) A person submitting
				information, including data and records, for the Board's consideration under
				this subtitle and Health-General Article, Title 21, Subtitle 2C, Annotated Code
				of Maryland, shall:
(i) Clearly designate the
				specific information the person considers to be confidential, trade-secret, or
				proprietary; and
(ii) Submit a form
				certifying that the information so designated is not otherwise publicly
				available and has been handled and maintained to preserve its confidential,
				trade-secret, or proprietary nature.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.01 - General Provisions › Section 14.01.01.05 - Public Comment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public Oral
				Comments for a Board Meeting.
(1) A member of
				the public may register to provide oral comments at a Board meeting by:
(a) Submitting a written notice that:
(i) Contains the individual's name and email
				address or phone number;
(ii)
				Identifies whether the individual is affiliated with or commenting on behalf of
				an organization, agency, employer, or other entity; and
(iii) Identifies the agenda item the
				individual wishes to address; and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.02 - Prescription Drug Affordability Fund › Section 14.01.02.01 - Prescription Drug Affordability Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Prescription Drug Affordability Fund
				is a special, nonlapsing fund that is not subject to State Procurement Article,
				§ 7-302, Annotated Code of Maryland.
B. The Prescription Drug Affordability Fund
				consists of:
(1) The assessment provided for
				by Regulation .02 of this chapter;
(2) Money appropriated by the State
				budget;
(3) Interest earnings;
				and
(4) Any other money from any
				other source accepted for the benefit of the Fund.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.02 - Prescription Drug Affordability Fund › Section 14.01.02.02 - Fee Assessment, Exemption, and Collection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual
				Assessment.
(1) In each State fiscal year,
				the Board shall issue a fee assessment to each entity identified in
				Health-General Article, §21-2C-11, Annotated Code of Maryland, and
				Regulation .03 of this chapter and collect the assessment.
(2) Unless the entity requests and is granted
				an exemption from the assessment, the entity shall pay the assessment by
				October 1.
(3) An entity may pay
				the assessment by ACH transfer, wire transfer, or check.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.02 - Prescription Drug Affordability Fund › Section 14.01.02.03 - Amount of Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Entities
				identified in Health-General Article, 21-2C-11, Annotated Code of Maryland,
				shall be subject to the following fee schedule:
(1) Manufacturers engaged in wholesale
				distribution, as defined in Health Occupations Article, §
										12-6C-01,
				Annotated Code of Maryland, shall pay an assessment of $1,000;
(2) Wholesale distributors, as defined in
				Health Occupations Article, §
										12-6C-01,
				Annotated Code of Maryland, that distribute prescription drugs shall pay an
				assessment of $1,000;
(3) Pharmacy
				benefits managers, as defined in Insurance Article, §
										15-1601, Annotated Code of
				Maryland, shall pay an assessment of $1,000; and
(4) Carriers that provide health benefit
				plans, as defined in Health-General Article, §19-132(e), Annotated Code of
				Maryland, shall pay an assessment of $1,000.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.02 - Prescription Drug Affordability Fund › Section 14.01.02.04 - Use of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Fund may
				only be used to finance the operation of the Board, as permitted in
				Health-General Article, § 21-2C-11(c)(6), Annotated Code of
				Maryland.
B. Interest earned from
				the monies collected through the assessment in Regulation .02 of this chapter
				shall be retained to the credit of the Fund.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.02 - Prescription Drug Affordability Fund › Section 14.01.02.05 - Surplus Funds

Current through Register Vol. 51, No. 14, July 12, 2024
If the amount of assessed funds collected in a calendar year
				  exceeds the cap identified in Health-General Article, § 21-2 C- 11(B)(4),
				  the Board shall:
A. Issue a notice of
				such surplus; and
B. Remit the
				surplus funds in a fair and equitable manner across all qualifying entities
				that have paid the assessment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under the Public Information
				  Act for filing and processing requests for the public records of the
				  Prescription Drug Affordability Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Board to facilitate access to the
				  public records of the Board, if access is allowed by law, by minimizing costs
				  and time delays to applicants.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.03 - 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) "Act" means the Public Information Act,
				General Provisions Article, §§4-101-4 -601, Annotated Code of
				Maryland.
(2) "Applicant" has the
				meaning stated in General Provisions Article, §
										4-101(b),
				Annotated Code of Maryland.
(3)
				"Copy" means any form of reproduction using a photocopying machine or other
				reproduction technology, including a paper copy, an electronic copy, a
				printout, or an image.
(4)
				"Custodian" has the meaning stated in General Provisions Article, §
										4-101(d),
				Annotated Code of Maryland.
(5)
				"Executive Director" means the Executive Director of the Board as provided in
				Health-General Article, §21-2C-03, Annotated Code of Maryland.
(6) "Indigent" has the meaning stated in
				General Provisions Article, §
										4-206(a)(2),
				Annotated Code of Maryland.
(7)
				"Metadata" has the meaning stated in General Provisions Article, §
										4-205(a),
				Annotated Code of Maryland.
(8)
				"Official custodian" has the meaning stated in General Provisions Article,
				§
										4-101(f),
				Annotated Code of Maryland.
(9)
				"PIA coordinator" means the Board employee who is responsible for accepting
				requests for public records.
(10)
				"Public Access Ombudsman" means the official appointed under General Provisions
				Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes
				under the Act.
(11) "Public record"
				has the meaning stated in General Provisions Article, §
										4-101(j),
				Annotated Code of Maryland.
(12)
				"Reasonable fee" has the meaning stated in General Provisions Article, §
										4-206(a)(3),
				Annotated Code of Maryland.
(13)
				"Sociological information" means personal phone number, personal email address,
				and personal home address.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.04 - Official Custodian

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law, the Executive Director is
				  the official custodian of the public records of the Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.06 - Written Request May Be Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspection.
(1) Except as otherwise provided in this
				chapter, the custodian shall make public records of the Board available for
				inspection by an applicant without demanding a written request.
(2) The custodian shall require a written
				request if the custodian reasonably believes that:
(a) The Act or any other law may prevent the
				disclosure of the public record to the applicant; or
(b) A written request will materially assist
				the Board in responding.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.07 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written
				request shall:
(1) Contain the applicant's
				contact information; and
(2)
				Reasonably identify, by brief description, the public record
				sought.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.08 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
A request to inspect or copy a public record of the Board
				  shall be addressed to the custodian of the record or to the Board's PIA
				  coordinator as designated under General Provisions Article, §
									4-503, Annotated
				  Code of Maryland. If the custodian is unknown, the request may be addressed to
				  "Executive Director" or "PIA Coordinator".
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.09 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant of
				Request.
(1) If the custodian decides to grant
				a request for inspection, the custodian shall produce the public record for
				inspection:
(a) Immediately; or
(b) Within a reasonable time period, not to
				exceed 30 days after the date of the request, if that period is needed to
				retrieve the public record and conduct any necessary review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.10 - Notice to Person Potentially Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				prohibited by law, the custodian may provide notice of a request for inspection
				or copying of any public record of the Board to any person who, in the judgment
				of the custodian, could be adversely affected by disclosure of that public
				record.
B. The custodian may
				consider the views of the potentially affected person before deciding whether
				to disclose the public record to an applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.11 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §§C and D of this regulation, the custodian shall provide
				an applicant with a copy of the public record in a searchable and analyzable
				electronic format if:
(1) The public record
				is in a searchable and analyzable electronic format;
(2) The applicant requests a copy of the
				public record in a searchable and analyzable electronic format; and
(3) The custodian is able to provide a copy
				of the public record, in whole or in part, in a searchable and analyzable
				electronic format that does not disclose information that is protected from
				disclosure under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.12 - Public Record Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the person to whom application is made knows that a
				  requested public record of the Board has been destroyed or lost, that person
				  shall promptly:
A. Notify the
				applicant that the public record is not available; and
B. Explain the reasons why the public record
				cannot be produced.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.13 - Availability of Judicial and Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian denies a request to inspect or copy a public
				  record of the Board, the applicant may file an action for judicial enforcement
				  under General Provisions Article, §
									4-362, Annotated
				  Code of Maryland, without pursuing the remedies set forth in General Provisions
				  Article, Subtitles 1A and 1B, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.14 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial Pending
				Court Order.
(1) If, in the opinion of the
				Executive Director, disclosure of a public record of the Board otherwise
				subject to disclosure under the Act would do substantial injury to the public
				interest, the Executive Director may temporarily deny the request to obtain a
				court order allowing nondisclosure.
(2) The temporary denial shall be in
				writing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.15 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §§B and C of this regulation, the fee schedule for
				copying and certifying copies of public records of the Board is as follows:
(1) For each copy made by a standard printer
				or a photocopying machine within the Board, the fee is 25 cents per
				page;
(2) For each copy made other
				than by a standard printer or a photocopying machine within the Board, the fee
				shall be based on the actual cost of reproduction; and
(3) For a public record certified as a true
				copy, an additional fee of $1 per page (or, if appropriate, per item) shall be
				charged.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.16 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may
				inspect any public record of the Board that the applicant is entitled to
				inspect during the normal working hours of the Board.
B. The inspection shall occur where the
				public record is located unless the custodian, after taking into account the
				applicant's expressed wish, determines that another place is more suitable and
				convenient.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.03 - Public Information Act › Section 14.01.03.17 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
Except for use in carrying out the custodian's governmental
				  functions or if disclosure is otherwise required by law, and in compliance with
				  General Provisions Article, §
									4-330, Annotated
				  Code of Maryland, a custodian may not disclose under the Act, and shall deny a
				  request for inspection or copying of, the part of a public record that contains
				  sociological information relating to an individual.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.04 - Cost Review Study Process › Section 14.01.04.01 - Public Reporting of Drug Affordability Issues

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individual
				members of the public may report their personal experience with a drug or drugs
				that have caused or are causing an affordability issue for the
				individual.
B. Individuals may
				report a drug:
(1) By completing the form
				available on the Board's website electronically; or
(2) By downloading or obtaining the form from
				the Board, completing the form, and submitting it to the Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.04 - Cost Review Study Process › Section 14.01.04.02 - Identifying Drugs Eligible for Cost Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				shall apply the metrics specified in Health-General Article, §21-2C-08(c),
				Annotated Code of Maryland, and this regulation to the following data sets to
				identify drugs eligible for selection for a cost review study:
(1) The claims data in the MCDB;
(2) Available subsets of claims data in the
				MCDB, such as the commercial market, Medicaid, and Medicare; and
(3) The data obtained from governmental and
				commercial databases, other databases, and other data sets as
				available.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.04 - Cost Review Study Process › Section 14.01.04.03 - Selecting Drugs for Cost Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board staff
				may provide the Board with a dashboard containing the prescription drug
				products identified under the statutory metrics and regulatory criteria in
				Regulation .02 of this chapter.
B.
				To the extent practicable, Board staff may provide the following information
				for each prescription drug product in the dashboard:
(1) FDA Approval:
(a) The date the FDA first approved the
				prescription drug product;
(b) If
				applicable, the date the last patent expired or will expire;
(c) Whether the prescription drug product was
				approved through an FDA accelerated approval pathway; and
(d) Whether the prescription drug product is
				designated by the Secretary of the FDA, under
				21 U.S.C. §
												360bb, as a drug for a rare disease or
				condition;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.04 - Cost Review Study Process › Section 14.01.04.04 - Request for Information for Cost Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for
				Information.
(1) The Board shall post notice
				of the prescription drug product or products selected for cost review through
				the process outlined in Regulation .03I of this chapter on the Board's
				website.
(2) To the extent there is
				no publicly available information to conduct an aspect of the statutory cost
				review, the Board may request information to conduct a cost review study under
				Health-General Article, §21-2C-09(a)(2), Annotated Code of Maryland, and
				this regulation.
(3) The Board may
				request information by sending an email or postal mail to the manufacturer,
				PBMs, health insurance carriers, wholesale distributors, HMOs, and
				MCOs.
(4) The Board shall post
				notice of the request for information on its website.
(5) An entity that has not received a request
				for information from the Board may submit relevant information in accordance
				with this regulation.
(6) Within 30
				days of the date the request for information is posted to the website or
				transmitted to the entity, an entity may submit the information requested by
				the Board, and any other relevant information, in accordance with §C of
				this regulation.
(7) An entity may
				request one 30-day extension of time to submit information under §A(6) of
				this regulation.
(8) An entity
				shall submit the request for a 30-day extension to the Board in writing on or
				before the expiration of the initial submission period.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 01 - PRESCRIPTION DRUG AFFORDABILITY BOARD › Chapter 14.01.04 - Cost Review Study Process › Section 14.01.04.05 - Cost Review Study

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				may determine:
(1) Whether use of the
				prescription drug product has led or will lead to:
(a) Affordability challenges to the State
				health care system; or
(b) High
				out-of-pocket costs for patients; and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Maryland Public
				Information Act, General Provisions Article, Title 4, Annotated Code of
				Maryland.
(2) "Applicant" has the
				meaning stated in General Provisions Article, §
										4-101(b),
				Annotated Code of Maryland.
(3)
				"Board" means the State Public Information Act Compliance Board, as described
				in General Provisions Article, §
										4-1A-02, Annotated
				Code of Maryland.
(4) "Custodian"
				has the meaning stated in General Provisions Article, §
										4-101(d),
				Annotated Code of Maryland.
(5)
				"Designated representative" means an attorney, an employee organization
				representative, or any other individual authorized in writing by a party to
				represent the party.
(6) "Dispute"
				has the meaning stated in COMAR
				14.37.01.01B.
(7) "Exemption" has the meaning
				stated in COMAR
				14.37.01.01B.
(8) "Final Determination " means
				the written document issued by the Public Access Ombudsman pursuant to General
				Provisions Article, §
										4-1B-04(b),
				Annotated Code of Maryland, stating that a specific dispute has been resolved
				or partially resolved or not been resolved.
(9) "Inmate" means an individual who:
(a) Is confined in a correctional or other
				detention facility pursuant to a court order in a criminal or juvenile
				delinquency case; and
(b) Has no
				direct access to the U.S. Postal Service or the ability to submit a complaint
				or other information electronically.
(10) "Official custodian" has the meaning
				stated in General Provisions Article, §
										4-101(f),
				Annotated Code of Maryland.
(11)
				"Ombudsman " means the Public Access Ombudsman, as described in General
				Provisions, § 4-1B-03, Annotated Code of Maryland.
(12) "Public record" has the meaning stated
				in General Provisions Article, §
										4-101(k),
				Annotated Code of Maryland.
(13)
				"Sociological information" means any of the following information concerning a
				person that may be contained in a record of the Board:
(a) Social security number;
(b) Personal address;
(c) Personal phone number;
(d) Personal email address; and
(e) Date of birth.
(14) "Unreasonable fee" means a fee that does
				not bear a reasonable relationship to the recovery of actual costs incurred by
				a governmental unit responding to a request for a public record.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.02 - Jurisdiction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				procedure outlined in COMAR 14.02.02, the Board shall review and resolve
				complaints from an applicant or the applicant's designated representative
				alleging that a custodian:
(1) Denied
				inspection of a public record in violation of the Act;
(2) Charged an unreasonable fee or charged an
				unreasonable estimated fee of more than $350 under General Provisions Article,
				§
										4-206, Annotated
				Code of Maryland; or
(3) Failed to
				respond to a request for a public record within the time limits established
				under General Provisions Article, §
										4-203(a)
				or (d), Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.03 - Recusal of Board Members

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Standard for Recusal.
(1) A Board member shall
				recuse himself or herself from Board proceedings that involve circumstances in
				which the Board member:
(a) Has a conflict of
				interest; or
(b) Cannot participate
				fairly and impartially.