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§ 31-118. User fees, licensing or regulatory fees, and other assessments

West's Annotated Code of MarylandInsuranceEffective: May 8, 2020

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 31. Maryland Health Benefit Exchange (Refs & Annos)
Subtitle 1--Maryland Health Benefit Exchange (Refs & Annos)
Effective: May 8, 2020
MD Code, Insurance, § 31-118
§ 31-118. User fees, licensing or regulatory fees, and other assessments
Currentness
In general
(a) Beginning January 1, 2014, subject to subsections (b) and (c) of this section, the Exchange may:
(1) impose user fees, licensing or other regulatory fees, or other assessments that do not exceed reasonable projections regarding the amount necessary to support the operations of the Exchange under this subtitle; or
(2) otherwise generate funding necessary to support its operations under this subtitle.
Transparent and broad-based imposition or implementation of fees and assessments
(b) Any fees, assessments, or other funding mechanisms shall be imposed or implemented, to the maximum extent possible, in a manner that is transparent and broad-based.
Regulations
(c) Before imposing or altering any fee or assessment established by law, the Exchange shall adopt regulations that specify:
(1) the persons subject to the fee or assessment;
(2) the amount of the fee or assessment; and
(3) the manner in which the fee or assessment will be collected.
Funds collected through fees, assessments, or other mechanisms
(d) Funds collected through any fees, assessments, or other funding mechanisms:
(1) shall be deposited in the Fund;
(2) shall be used only for the purposes authorized under this subtitle; and
(3) may not be used for staff retreats, promotional giveaways, excessive executive compensation, or promotion of federal or State legislative and regulatory actions.
Fees or assessments resulting in competitive disadvantage prohibited
(e) The Exchange may not impose fees or assessments authorized under this section in a manner that would provide a competitive disadvantage to health benefit plans operating outside of the Exchange.
Web site maintained by Exchange
(f) The Exchange shall maintain a website on which it shall publish:
(1) the average amounts of any fees, assessments, or other payments required by the Exchange;
(2) the administrative costs of the Exchange; and
(3) the amount of funds known to be lost through waste, fraud, and abuse.

Credits

Added as Insurance § 31-110 by Acts 2011, c. 1, § 1, eff. June 1, 2011; Acts 2011, c. 2, § 1, eff. June 1, 2011. Renumbered as Insurance § 31-118 by Acts 2012, c. 152, § 1, eff. June 1, 2012. Amended by Acts 2020, c. 628, § 1, eff. May 8, 2020.
MD Code, Insurance, § 31-118, MD INSURANCE § 31-118
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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