Capitol Building Maryland Register

Issue Date: October 25, 2019

Volume 46 •  Issue 22  • Pages 967 — 1052

IN THIS ISSUE

Judiciary

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 7, 2019 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of October 7, 2019.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .....................................................................  971

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  972

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ..............................................  981

04        Department of General Services......................................... 981

08        Department of Natural Resources .............................  976, 987

09        Maryland Department of Labor .........................................  988

10        Maryland Department of Health ................................  977, 990

11        Department of Transportation ............................................  977

13B     Maryland Higher Education Commission .........................  977

14        Independent Agencies .............................................  978, 1011

15        Maryland Department of Agriculture ..............................  1023

27        Critical Area Commission for the Chesapeake and Atlantic Coastal Bays 980

28        Office of Administrative Hearings ..................................  1025

29        Department of State Police ................................................  980

31        Maryland Insurance Administration ................................  1039

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND RESCHEDULED
   HEARING IN THE MATTER OF JUDGE AMY
   NICKERSON — CJD 2018-033
...................................  975

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  976

Fishing in Nontidal Waters .  976

Yellow Perch .  976

FOREST CONSERVATION

State Review and Approval of a Local Program ..  976

Model Forest Conservation Ordinance .  976

10  MARYLAND DEPARTMENT OF HEALTH

Notice of Recodification .......................................................  977

11  DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSPORTATION AUTHORITY

Public Notice of Toll Schedule Revisions .  977

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Maryland Community College Promise Scholarships .  977

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  978

Criminal Offenses and Seriousness Categories .......................  978

MARYLAND HERITAGE AREAS AUTHORITY

Designation of Recognized Heritage Areas .  978

Adoption of Management Plans and Designation of Certified
   Heritage Areas .  978

Maryland Heritage Areas Grant Program ..  978

Maryland Heritage Areas Loan Program ..  978

Procedures for Reviewing Complaints .  978

Procedures for Resolving Disputes .  978

MARYLAND HEALTH BENEFIT EXCHANGE

Small Business Health Options Program ..  978

INTERAGENCY COMMISSION ON SCHOOL
   CONSTRUCTION

Terminology .  979

Administration of the Public School Construction
   Program ..  979

Construction Procurement Methods .  979

Project Delivery Methods .  979

Alternative Financing .  979

Relocatable Classroom Indoor Environmental Quality
   Standards .  979

Public School Facilities Educational Sufficiency
   Standards .  979

27  CRITICAL AREA COMMISSION FOR THE
   CHESAPEAKE AND ATLANTIC COASTAL BAYS

CRITERIA FOR LOCAL CRITICAL AREA PROGRAM
   DEVELOPMENT

General Provisions .  980

Development in the Critical Area .  980

Habitat Protection Areas in the Critical Area .  980

Directives for Local Program Development  980

DEVELOPMENT IN THE CRITICAL AREA RESULTING
   FROM STATE AND LOCAL AGENCY PROGRAMS

General Provisions .  980

State Agency Actions Resulting in Development on State-
   Owned Lands .  980

29  DEPARTMENT OF STATE POLICE

WEAPONS REGULATIONS

Handgun Roster Board .  980

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

ONLINE FANTASY COMPETITIONS

Fantasy Sports Competition Regulations .  981

04  DEPARTMENT OF GENERAL SERVICES

OFFICE OF THE SECRETARY

Public-Private Partnership Program ..  981

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .  987

FORESTS AND PARKS

Use of State Parks .  988

09  MARYLAND DEPARTMENT OF LABOR

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS—REAL ESTATE APPRAISERS

Educational Requirements .  988

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Nursing Facility Services .  990

Presumptive Eligibility for Correctional Facilities .  992

CANCER CONTROL

Reimbursement for Breast and Cervical Cancer Diagnosis and
   Treatment  992

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Examination .  997

Continuing Education .  997

Requirements for Apprenticeship .  997

Crematories — Permit, Licensing, and Fees .  997

Crematories — Inspections, Complaints, Investigations,
   Grounds for Discipline, and Penalties .  997

Inspection of Funeral Establishments .  999

BOARD OF PHYSICIANS

Licensure of Radiation Therapists, Radiographers, Nuclear
   Medicine Technologists, and Radiation Therapists .  1001

BOARD OF CHIROPRACTIC EXAMINERS

Chiropractic Assistants .  1002

Code of Ethics .  1002

Record Keeping .  1002

COMMUNITY HEALTH WORKERS

Certification of Community Health Workers .  1005

Community Health Worker Certification Training
   Programs .  1005

14  INDEPENDENT AGENCIES

MARYLAND TECHNOLOGY DEVELOPMENT
   CORPORATION

Stem Cell Research Commission .  1011

Definitions .  1011

Investment Programs .  1011

Builder Fund .  1011

Rural Business Innovation Initiative .  1011

Seed Funds .  1011

Maryland Venture Fund .  1011

Investment Committee .  1011

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  1018

MARYLAND HEALTH BENEFIT EXCHANGE

Individual Exchange Navigator Certification and Training
   Standards .  1019

Individual Exchange Navigator Certification — Renewal,
   Reinstatement, Deactivation, and Suspension or Revocation
   of Certification .  1019

Insurance Producer Authorization to Sell Qualified Plans in
   the SHOP Exchange and Individual Exchange
   Authority .  1019

Insurance Producer Authorization ― Renewal,
   Reinstatement, and Suspension or Revocation of
   Authorization .  1019

Captive Producer Training and Authorization
   Standards .  1019

Consolidated Service Center Employee Training and Permit
   Standards .  1019

Application Counselor Sponsoring Entity Designation
   Standards .  1019

Application Counselor Training and Certification
   Standards .  1019

MARYLAND HEALTH BENEFIT EXCHANGE

Eligibility Standards for Enrollment in a Qualified Health
   Plan, Eligibility Standards for APTC and CSR, and
   Eligibility Standards for Enrollment in a Catastrophic
   Qualified Health Plan in the Individual Exchange .  1022

15  MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Food Donation Pilot Program ..  1023

28  OFFICE OF ADMINISTRATIVE HEARINGS

ADMINISTRATION

Conflicts Policy .  1025

Security and Decorum ..  1025

Administrative Law Judge Discipline and Reassignment of
   Duties .  1025

Public Information Act Requests .  1025

Correction or Amendment of Public Records .  1025

RULES OF PROCEDURE

Rules of Procedure .  1025

FEES

Fee Assessment and Payment; Waivers .  1025

31  MARYLAND INSURANCE ADMINISTRATION

INSURERS

Title Insurers .  1039

TAXES AND FEES

Premium Tax—Required Filings, Payments, Penalties, and
   Interest  1040

 

Errata

COMAR 27.01.02.06-3 .  1041

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  1042

Grandfathering (GF) Registration Notice .  1043

WATER AND SCIENCE ADMINISTRATION

Water Quality Certifications .  1043

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES

2019 — 2020 Commercial Oyster Rules — Effective
   9/19/2019 .  1044

2019 — 2020 Recreational Oyster Rules — Effective
   9/19/2019 .  1044

Closure of Coots Oyster Bar (Anne Arundel County) —
   Effective 9/19/2019 .  1045

Oyster Closure in Portions of Tangier Sound (Somerset
   County) — Effective 9/19/2019 .  1045

Closure of Upper Chesapeake Bay to Oyster Harvest —
   Effective 9/19/2019 .  1046

Closure of Rock Point Oyster Bar (Charles County) —
   Effective 9/19/2019 .  1046

Closure of Gravelly Run Oyster Bar (St. Mary’s County)
   — Effective 9/19/2019 .  1046

Closure of Middle Ground Oyster Bar (Charles County) —
   Effective 10/4/2019
.  1047

Closure of Well Cove Oyster Bar (Queen Anne’s County)
   — Effective 10/4/2019
.  1047

Closure of Windmill Point Oyster Bar (Charles County) —
   Effective 10/4/2019 .  1048

 

General Notices

DEPARTMENT OF AGING

Public Meeting .  1049

CHESAPEAKE BAY TRUST

Public Meeting .  1049

COMPTROLLER OF THE TREASURY

Notice of Interest Rate on Refunds and Moneys Owed to the
   State .......................................................................................  1049

BOARD OF DIETETIC PRACTICE

Public Meeting .  1049

MARYLAND STATE DEPARTMENT OF EDUCATION

Public Hearing .  1049

Public Hearing .  1049

Public Hearing .  1049

EMERGENCY MEDICAL SERVICES ADVISORY
   COUNCIL

Public Meeting .  1049

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  1049

COMMISSIONER OF FINANCIAL REGULATION

Bank Merger  1049

HALL OF RECORDS COMMISSION

Public Meeting .  1050

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  1050

HEALTH SERVICES COST REVIEW COMMISSION

Public Meeting .  1050

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  1050

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  1050

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1050

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  1050

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  1050

RACING COMMISSION

Public Meeting .  1051

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meetings .  1051

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  1051

BOARD OF WELL DRILLERS

Public Meeting .  1051

WORKERS' COMPENSATION COMMISSION

Public Meeting .  1051

DIVISION OF WORKFORCE DEVELOPMENT AND
   ADULT LEARNING/MARYLAND APPRENTICESHIP
   AND TRAINING COUNCIL

Public Meeting .  1051

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES THROUGH JULY 2020

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2019

November 8

October 21

October 28

October 30

November 22

November 4

November 8**

November 13

December 6

November 18

November 25

November 27

December 20

December 2

December 9

December 11

2020

January 3

December 16

December 23

December 24**

January 17

December 30

January 6

January 8

January 31

January 13

January 17**

January 22

February 14

January 27

February 3

February 5

February 28

February 10

February 14**

February 19

March 13

February 24

March 2

March 4

March 27

March 9

March 16

March 18

April 10

March 23

March 30

April 1

April 24

April 6

April 13

April 15

May 8

April 20

April 27

April 29

May 22

May 4

May 11

May 13

June 5

May 18

May 22**

May 27

June 19

June 1

June 8

June 10

July 6***

June 15

June 22

June 24

July 17

June 29

July 6

July 8

July 31

July 13

July 20

July 22

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

**      Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

01 EXECUTIVE DEPARTMENT

 

01.02.11.01—.10,.14,.16—.22 • 45:23 Md. R. 1073 (11-9-18)

 

03 COMPTROLLER OF THE TREASURY

 

03.03.05.29 • 46:19 Md. R. 817 (9-13-19)

03.11.01.01—.14 • 46:22 Md. R. 981 (10-25-19)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.01.05.01—.10 • 46:22 Md. R. 981 (10-25-19)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.02.01.01—.07 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.02.01—.12 • 46:1 Md. R. 16 (1-4-19)

05.02.03.01—.07 • 46:1 Md. R. 16 (1-4-19)

05.02.04.01—.18 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.06.01,.02 • 46:1 Md. R. 16 (1-4-19)

05.02.07.01—.09 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.16.01.01—.08 • 46:1 Md. R. 16 (1-4-19)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.05.02 • 46:19 Md. R. 818 (9-13-19)

08.02.05.15 • 46:22 Md. R. 987 (10-25-19)

08.07.06.02 • 46:22 Md. R. 988 (10-25-19)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.12.01.28 • 46:15 Md. R. 663 (7-19-19)

09.12.41.20—.24 • 46:15 Md. R. 664 (7-19-19)

09.15.05.01—.03 • 46:18 Md. R. 780 (8-30-19)

09.19.02.01 • 46:22 Md. R. 988 (10-25-19)

09.20.01.01—.03,.05—.07 • 46:21 Md. R. 895 (10-11-19) (ibr)

09.26.02.06 • 46:21 Md. R. 898 (10-11-19)

09.34.01.11,.13 • 45:21 Md. R. 982 (10-12-18)

09.35.02.04—.06 • 46:13 Md. R. 598 (6-21-19)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.01.04.03,.05,.06,.09,.10 • 46:16 Md. R. 695 (8-2-19)

 

     Subtitle 09 (2nd volume)

 

10.09.06.07,.09 • 46:21 Md. R. 899 (10-11-19)

10.09.10.07,.08,.30 • 46:22 Md. R. 990 (10-25-19)

10.09.33.09 • 46:18 Md. R. 781 (8-30-19)

10.09.37.02—.15 • 46:19 Md. R. 819 (9-13-19)

10.09.48.08 • 46:19 Md. R. 821 (9-13-19)

10.09.63.06 • 46:16 Md. R. 695 (8-2-19)

10.09.69.14 • 46:16 Md. R. 697 (8-2-19)

10.09.71.04 • 46:16 Md. R. 695 (8-2-19)

10.09.79.02,.03 • 46:22 Md. R. 992 (10-25-19)

10.09.80.08 • 46:19 Md. R. 822 (9-13-19)

10.09.92.07 • 46:16 Md. R. 698 (8-2-19)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.10.09.03 • 46:20 Md. R. 849 (9-27-19)

10.12.06.01—.10 • 46:2 Md. R. 62 (1-18-19)

10.14.02.01—.04,.04-1,.04-2,.05—.07,.09,.10,
   .12—.22
• 46:22 Md. R. 992 (10-25-19)

10.15.03.02,.06,.09,.15,.25,.27,.40 • 46:12 Md. R. 559 (6-7-19)

10.17.01.05,.06,.06-1,.07—.11,.55 • 46:2 Md. R. 64 (1-18-19)

10.22.17.06—.08 • 46:20 Md. R. 850 (9-27-19)

10.22.18.04 • 46:20 Md. R. 850 (9-27-19)

 

     Subtitles 23 — 36 (4th Volume)

 

10.27.01.01,.05,.10 • 46:14 Md. R. 626 (7-5-19)

10.29.02.04 • 46:22 Md. R. 997 (10-25-19)

10.29.03.01—.08 • 46:22 Md. R. 999 (10-25-19)

10.29.05.05 • 46:22 Md. R. 997 (10-25-19)

10.29.09.03,.04 • 46:22 Md. R. 997 (10-25-19)

10.29.17.04 • 46:22 Md. R. 997 (10-25-19)

10.29.18.02 • 46:22 Md. R. 997 (10-25-19)

10.32.10.02,.10 • 46:22 Md. R. 1001 (10-25-19)

 

     Subtitles 37—66 (5th Volume)

 

10.43.07.01—.18 • 46:22 Md. R. 1002 (10-25-19)

10.43.13.06 • 46:22 Md. R. 1002 (10-25-19)

10.43.14.03,.04 • 46:22 Md. R. 1002 (10-25-19)

10.44.12.11,.21 • 46:16 Md. R. 699 (8-2-19)

10.62.08.06,.10 • 46:20 Md. R. 857 (9-27-19)

10.62.19.05,.09 • 46:20 Md. R. 857 (9-27-19)

10.62.25.10 • 46:20 Md. R. 857 (9-27-19)

10.62.34.08 • 46:20 Md. R. 857 (9-27-19)

10.62.35.01 • 46:20 Md. R. 857 (9-27-19)

10.62.36.01—.06 • 46:20 Md. R. 857 (9-27-19)

10.68.01.01—.09 • 46:22 Md. R. 1005 (10-25-19)

10.68.02.01—.07 • 46:22 Md. R. 1005 (10-25-19)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.02.03.04 • 46:18 Md. R. 782 (8-30-19)

11.03.01.13 • 46:19 Md. R. 823 (9-13-19)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.08.01—.05 • 45:25 Md. R. 1212 (12-7-18)

12.14.01.01 • 46:18 Md. R. 782 (8-30-19)

12.14.03.05 • 46:18 Md. R. 782 (8-30-19)

12.14.04.04 • 46:18 Md. R. 782 (8-30-19)

12.14.05.04 • 46:18 Md. R. 782 (8-30-19)

 

13A STATE BOARD OF EDUCATION

 

13A.01.05.06 • 46:20 Md. R. 860 (9-27-19)

13A.01.06.01—.05 • 46:18 Md. R. 784 (8-30-19)

13A.04.05.01—.08 • 46:18 Md. R. 784 (8-30-19)

13A.04.18.01,.02 • 46:18 Md. R. 786 (8-30-19)

13A.07.12.01 • 46:19 Md. R. 824 (9-13-19)

13A.15.01.02 • 46:21 Md. R. 900 (10-11-19)

13A.15.02.01—.03,.07,.08 • 46:21 Md. R. 900 (10-11-19)

13A.15.03.02—.05 • 46:21 Md. R. 900 (10-11-19)

13A.15.04.04 • 46:21 Md. R. 900 (10-11-19)

13A.15.05.02,.05,.06 • 46:21 Md. R. 900 (10-11-19)

13A.15.06.02—.05 • 46:21 Md. R. 900 (10-11-19)

13A.15.07.04 • 46:21 Md. R. 900 (10-11-19)

13A.15.08.01,.03—.05 • 46:21 Md. R. 900 (10-11-19)

13A.15.10.01,.04,.06 • 46:21 Md. R. 900 (10-11-19)

13A.15.11.03,.04,.06 • 46:21 Md. R. 900 (10-11-19)

13A.15.12.01 • 46:21 Md. R. 900 (10-11-19)

13A.15.13.02,.05—.09 • 46:21 Md. R. 900 (10-11-19)

13A.15.14.01,.03,.04 • 46:21 Md. R. 900 (10-11-19)

13A.15.15.03,.04 • 46:21 Md. R. 900 (10-11-19)

13A.16.01.01,.02 • 46:21 Md. R. 909 (10-11-19)

13A.16.02.01—.04,.06 • 46:21 Md. R. 909 (10-11-19)

13A.16.03.01—.06,.09 • 46:21 Md. R. 909 (10-11-19)

13A.16.05.05,.12,.13 • 46:21 Md. R. 909 (10-11-19)

13A.16.06.03—.06,.09—.13 • 46:21 Md. R. 909 (10-11-19)

13A.16.07.02,.03,.06 • 46:21 Md. R. 909 (10-11-19)

13A.16.08.01,.03,.06 • 46:21 Md. R. 909 (10-11-19)

13A.16.09.04 • 46:21 Md. R. 909 (10-11-19)

13A.16.10.02,.05 • 46:21 Md. R. 909 (10-11-19)

13A.16.11.02—.04,.06 • 46:21 Md. R. 909 (10-11-19)

13A.16.12.01 • 46:21 Md. R. 909 (10-11-19)

13A.16.13.02 • 46:21 Md. R. 909 (10-11-19)

13A.16.14.01 • 46:21 Md. R. 909 (10-11-19)

13A.16.15.03 • 46:21 Md. R. 909 (10-11-19)

13A.16.16.02—.04 • 46:21 Md. R. 909 (10-11-19)

13A.16.17.01,.03—.08 • 46:21 Md. R. 909 (10-11-19)

13A.16.18.01—.05 • 46:21 Md. R. 909 (10-11-19)

13A.16.19.03,.04 • 46:21 Md. R. 909 (10-11-19)

13A.17.01.02 • 46:21 Md. R. 920 (10-11-19)

13A.17.02.01,.02,.05,.06 • 46:21 Md. R. 920 (10-11-19)

13A.17.03.02—.06,.09 • 46:21 Md. R. 920 (10-11-19)

13A.17.05.05,.12,.13 • 46:21 Md. R. 920 (10-11-19)

13A.17.06.02—.05 • 46:21 Md. R. 920 (10-11-19)

13A.17.07.02,.03,.06 • 46:21 Md. R. 920 (10-11-19)

13A.17.08.06,.08 • 46:21 Md. R. 920 (10-11-19)

13A.17.10.01,.02 • 46:21 Md. R. 920 (10-11-19)

13A.17.11.02—.04,.06 • 46:21 Md. R. 920 (10-11-19)

13A.17.12.01 • 46:21 Md. R. 920 (10-11-19)

13A.17.13.01 • 46:21 Md. R. 920 (10-11-19)

13A.17.14.02,.03 • 46:21 Md. R. 920 (10-11-19)

13A.17.15.01,.03—.08 • 46:21 Md. R. 920 (10-11-19)

13A.17.16.01—.05 • 46:21 Md. R. 920 (10-11-19)

13A.17.17.03,.04 • 46:21 Md. R. 920 (10-11-19)

13A.18.01.02 • 46:21 Md. R. 929 (10-11-19)

13A.18.02.01—.08 • 46:21 Md. R. 929 (10-11-19)

13A.18.03.02—.06 • 46:21 Md. R. 929 (10-11-19)

13A.18.04.04 • 46:21 Md. R. 929 (10-11-19)

13A.18.05.05,.12,.13 • 46:21 Md. R. 929 (10-11-19)

13A.18.06.03—.08,.10 • 46:21 Md. R. 929 (10-11-19)

13A.18.07.02,.03 • 46:21 Md. R. 929 (10-11-19)

13A.18.08.01,.02,.06,.08 • 46:21 Md. R. 929 (10-11-19)

13A.18.09.04 • 46:21 Md. R. 929 (10-11-19)

13A.18.10.01 • 46:21 Md. R. 929 (10-11-19)

13A.18.11.02—.04 • 46:21 Md. R. 929 (10-11-19)

13A.18.12.01,.06 • 46:21 Md. R. 929 (10-11-19)

13A.18.14.02,.05—.09 • 46:21 Md. R. 929 (10-11-19)

13A.18.15.01,.03,.04 • 46:21 Md. R. 929 (10-11-19)

13A.18.16.03,.04 • 46:21 Md. R. 929 (10-11-19)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.03.02,.24 • 46:13 Md. R. 603 (6-21-19)

13B.06.01.04 • 46:13 Md. R. 603 (6-21-19)

13B.06.02.01 • 46:13 Md. R. 603 (6-21-19)

13B.08.11.01—.09 • 46:11 Md. R. 519 (5-24-19)

13B.08.17.04 • 46:15 Md. R. 666 (7-19-19)

13B.08.20.02 • 46:17 Md. R. 729 (8-16-19)

 

14 INDEPENDENT AGENCIES

 

14.04.01.01—.11 • 46:22 Md. R. 1011 (10-25-19)

14.04.02.01—.09 • 46:22 Md. R. 1011 (10-25-19)

14.04.03.01—.06 • 46:22 Md. R. 1011 (10-25-19)

14.04.04.01—.06 • 46:22 Md. R. 1011 (10-25-19)

14.04.05.01—.07 • 46:22 Md. R. 1011 (10-25-19)

14.04.06.01—.07 • 46:22 Md. R. 1011 (10-25-19)

14.04.07.01—.04 • 46:22 Md. R. 1011 (10-25-19)

14.04.08.01—.11 • 46:22 Md. R. 1011 (10-25-19)

14.22.01.03,.10,.12 • 46:22 Md. R. 1018 (10-25-19)

14.35.02.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.03.02—.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.04.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.05.02 • 46:22 Md. R. 1019 (10-25-19)

14.35.07.12,.13,.18,.19 • 46:22 Md. R. 1022 (10-25-19)

14.35.08.06 • 46:22 Md. R. 1019 (10-25-19)

14.35.09.06 • 46:22 Md. R. 1019 (10-25-19)

14.35.12.02,.04,.05,.07,.08 • 46:22 Md. R. 1019 (10-25-19)

14.35.13.02—.05,.09,.10 • 46:22 Md. R. 1019 (10-25-19)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.12.01—.04 • 46:22 Md. R. 1023 (10-25-19)

15.05.01.17 • 46:16 Md. R. 701 (8-2-19)

15.18.03.01 • 46:21 Md. R. 940 (10-11-19)

15.18.04.01,.07 • 46:21 Md. R. 941 (10-11-19)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.01.03 • 46:18 Md. R. 796 (8-30-19)

20.50.02.06 • 46:18 Md. R. 796 (8-30-19)

20.50.03.04 • 46:18 Md. R. 796 (8-30-19)

20.50.12.02,.05,.07,.11 • 46:18 Md. R. 796 (8-30-19)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.09.01—.03 • 46:17 Md. R. 753 (8-16-19)

22.01.12.01—.03 • 46:16 Md. R. 704 (8-2-19)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.01.01 • 46:3 Md. R. 155 (2-1-19)

26.08.04.01 • 46:3 Md. R. 155 (2-1-19) (ibr)

26.08.04.09,.09-1 • 46:20 Md. R. 860 (9-27-19)

26.11.08.01,.10 • 46:20 Md. R. 862 (9-27-19)

26.11.17.04 • 46:20 Md. R. 865 (9-27-19)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.01.01.01,.02 • 46:22 Md. R. 1025 (10-25-19)

28.01.02.01—.03 • 46:22 Md. R. 1025 (10-25-19)

28.01.03.01—.07,.09—.11 • 46:22 Md. R. 1025 (10-25-19)

28.01.04.03,.09,.14—.16 • 46:22 Md. R. 1025 (10-25-19)

28.01.05.02,.05—.11 • 46:22 Md. R. 1025 (10-25-19)

28.02.01.01—.06,.08—.21,.23—.27 • 46:22 Md. R. 1025 (10-25-19)

28.03.01.01—.08 • 46:22 Md. R. 1025 (10-25-19)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 46:20 Md. R. 866 (9-27-19) (ibr)

30.08.01.02 • 46:21 Md. R. 941 (10-11-19)

30.08.02.10 • 46:21 Md. R. 941 (10-11-19)

30.08.06.01—.21 • 46:21 Md. R. 941 (10-11-19)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.04.22.03,.04 • 46:22 Md. R. 1039 (10-25-19)

31.06.04.01—.03 • 46:22 Md. R. 1040 (10-25-19)

31.09.04.03 • 46:2 Md. R. 82 (1-18-19)

             46:13 Md. R. 604 (6-21-19)

31.10.06.02,.28,.30,.31 • 45:23 Md. R. 1119 (11-9-18)

31.15.12.03 • 46:2 Md. R. 84 (1-18-19)

 

33 STATE BOARD OF ELECTIONS

 

33.02.04.01—.08 • 46:21 Md. R. 948 (10-11-19)

33.08.05.01,.09,.10 • 46:21 Md. R. 949 (10-11-19)

33.11.01.01 • 46:21 Md. R. 951 (10-11-19)

33.11.03.06,.08 • 46:21 Md. R. 951 (10-11-19)

33.13.21.01—.04 • 46:5 Md. R. 326 (3-1-19)

33.16.02.03,.06 • 46:18 Md. R. 799 (8-30-19)

33.16.03.01 • 46:18 Md. R. 799 (8-30-19)

33.16.04.02 • 46:18 Md. R. 799 (8-30-19)

33.16.05.03 • 46:18 Md. R. 799 (8-30-19)

33.19.01.01,.02 • 46:19 Md. R. 825 (9-13-19)

33.19.03.01 • 46:19 Md. R. 825 (9-13-19)

33.19.04.01,.02 • 46:19 Md. R. 825 (9-13-19)

 

34 DEPARTMENT OF PLANNING

 

34.04.07.01—.06,.08 • 46:20 Md. R. 866 (9-27-19)

 

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.07.01.01—.04 • 46:2 Md. R. 88 (1-18-19)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.02.01.01 • 46:20 Md. R. 871 (9-27-19)

36.02.03.04—.12 • 46:20 Md. R. 871 (9-27-19)

36.02.04.02,.04 • 46:20 Md. R. 871 (9-27-19)

36.02.05.01—.04 • 46:20 Md. R. 871 (9-27-19)

36.02.06.04,.08—.19 • 46:20 Md. R. 871 (9-27-19)

36.02.07.01 • 46:20 Md. R. 871 (9-27-19)

 

The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND RESCHEDULED HEARING
IN THE MATTER OF
JUDGE AMY NICKERSON
CJD 2018-033

The Commission on Judicial Disabilities will hold a hearing to consider Charges brought against Judge Amy Nickerson in the above-captioned case on December 5, 2019, beginning at 10:00 a.m.  The hearing will take place in Room No. 134 of the Judicial College of Maryland, 187 Harry S. Truman Parkway in Annapolis, Maryland. The hearing is open to the public. 

The Charges and any response by the Judge are available for inspection on the Commission’s website:

(www.mdcourts.gov/cjd/publicactions.html).

For further information, contact the Government Relations and Public Affairs Division at 410-260-1488 or communications@mdcourts.gov.

[19-22-17]

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §§4-215 and 4-215.2, Annotated Code of Maryland

Notice of Final Action

[19-081-F-I]

On October 15, 2019, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.02.01 General. This action, which was proposed for adoption in 46:18 Md. R. 776—777 (August 30, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §§4-602, 4-603, and 4-616, Annotated Code of Maryland

Notice of Final Action

[19-161-F]

On October 15, 2019, the Secretary of Natural Resources adopted amendments to Regulations .01, .03, and .04 under COMAR 08.02.11 Fishing in Nontidal Waters. This action, which was proposed for adoption in 46:18 Md. R. 777—778 (August 30, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.21 Yellow Perch

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Final Action

[19-162-F]

On October 15, 2019, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.21 Yellow Perch. This action, which was proposed for adoption in 46:18 Md. R. 778—779 (August 30, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 19 FOREST CONSERVATION

Notice of Final Action

[19-160-F]

On October 16, 2019, the Department of Natural Resources adopted amendments to:

(1) Regulations .02, .04, and .05 under COMAR 08.19.02 State Review and Approval of a Local Program; and

(2) Regulation .01 under COMAR 08.19.03 Model Forest Conservation Ordinance.

This action, which was proposed for adoption in 46:18 Md. R. 779—780 (August 30, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Recodification

The following chapters under Subtitle 09 Medical Care Programs have been recodified to be under Subtitle 67 Maryland HealthChoice Program effective November 1, 2019.

 

Current Chapters

Chapters Effective November 1, 2019

Subtitle 09 Medical Care Programs

Subtitle 67 Maryland HealthChoice Program

10.09.62 Definitions

10.67.01 Definitions

10.09.63 Eligibility and Enrollment

10.67.02 Eligibility and Enrollment

10.09.64 MCO Application

10.67.03 MCO Application

10.09.65 Managed Care Organizations

10.67.04 Managed Care Organizations

10.09.66 Access

10.67.05 Access

10.09.67 Benefits

10.67.06 Benefits

10.09.68 Program Integrity

10.67.07 Program Integrity

10.09.70 Non-Capitated Covered Services

10.67.08 Non-Capitated Covered Services

10.09.71 MCO Dispute Resolution Procedures

10.67.09 MCO Dispute Resolution Procedures

10.09.73 Sanctions

10.67.10 Sanctions

10.09.74 Contribution to Graduate Medical Education Costs

10.67.11 Contribution to Graduate Medical Education Costs

10.09.75 Corrective Managed Care

10.67.12 Corrective Managed Care

10.09.86 Independent Review Organization (IRO)

10.67.13 Independent Review Organization (IRO)

ROBERT R. NEALL
Secretary of Health

[19-22-31]

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 07 MARYLAND TRANSPORTATION AUTHORITY

11.07.05 Public Notice of Toll Schedule Revisions

Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and
27-110, Annotated Code of Maryland

Notice of Final Action

[19-158-F]

On October 2, 2019, the Executive Director of the Maryland Transportation Authority adopted amendments to Regulations .01, .02, and .04, new Regulation .05, and the recodification of existing Regulation .05 to be Regulation .06 under COMAR 11.07.05 Public Notice of Toll Schedule Revisions. This proposal was unanimously approved by the MDTA Board of Directors at their open meeting held on April 25, 2019. This action, which was proposed for adoption in 46:17 Md. R. 728—729 (August 16, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JAMES F. PORTS, JR.
Executive Director

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.21 Maryland Community College Promise Scholarships

Authority: Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 36, Annotated Code of Maryland

Notice of Final Action

[19-134-F]

On September 25, 2019, the Maryland Higher Education Commission adopted amendments to Regulations .05, .08, .09, .12, and .17 under COMAR 13B.08.21 Maryland Community College Promise Scholarships. This action, which was proposed for adoption in 46:15 Md. R. 666—667 (July 19, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Final Action

[19-167-F]

On October 15, 2019, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to:

(1) Regulation .10 under COMAR 14.22.01 General Regulations; and

(2) Regulations .01 and .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

This action, which was proposed for adoption in 46:18 Md. R. 788—796 (August 30, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

DAVID SOULE
Executive Director

 

Subtitle 29 MARYLAND HERITAGE AREAS AUTHORITY

Notice of Final Action

[19-143-F]

On October 10, 2019, the Maryland Heritage Areas Authority adopted:

(1) The repeal of existing Regulations .01—.09 and new Regulations .01—.08 under COMAR 14.29.01 Designation of Recognized Heritage Areas;

(2) The repeal of existing Regulations .01—.12 and new Regulations .01—.10 under COMAR 14.29.02 Adoption of Management Plans and Designation of Certified Heritage Areas;

(3) The repeal of existing Regulations .01—.10 and new Regulations .01—.10 under COMAR 14.29.03 Maryland Heritage Areas Grant Program;

(4) The repeal of existing Regulations .01—.13 and new Regulations .01—.10 under COMAR 14.29.04 Maryland Heritage Areas Loan Program ;

(5) The repeal of existing Regulations .01—.13 and new Regulations .01—.04 under COMAR 14.29.05 Procedures for Reviewing Complaints ; and

(6) New Regulations .01—.05 under a new chapter, COMAR 14.29.06 Procedures for Resolving Disputes.

This action, which was proposed for adoption in 46:17 Md. R. 730—745 (August 16, 2019), has been adopted with the nonsubstantive changes shown below.

Effective Date: November 4, 2019.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Amendments were made to correct erroneous references in the authority lines under COMAR 14.29.01 and COMAR 14.29.02.

 

14.29.01 Designation of Recognized Heritage Areas

Authority: Financial Institutions Article, §§13-1107(6) and [[13-1110(a)(2)]] 13-1110, Annotated Code of Maryland

 

14.29.02 Adoption of Management Plans and Designation of Certified Heritage Areas

Authority: Financial Institutions Article, §§13-1107(6) and [[13-1111(b)]]
13-1111, Annotated Code of Maryland

ROBERT McCORD
Secretary of Planning
Chair, Maryland Heritage Areas Authority

 

Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE

14.35.18 Small Business Health Options Program

Authority: Insurance Article, §§31-106(c)(1)(iv), 31-108(b)(13), and 31-111, Annotated Code of Maryland

Notice of Final Action

[19-136-F]

On October 15, 2019, the Maryland Health Benefit Exchange adopted new Regulations .01—.08 under a new chapter, COMAR 14.35.18 Small Business Health Options Program. This action, which was proposed for adoption in 46:15 Md. R. 667—671 (July 19, 2019), has been adopted with the nonsubstantive changes shown below.

Effective Date: November 4, 2019.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

As a general matter, these changes do not substantially affect the rights, duties, or obligations of carriers, consumers, or members of the public. The changes merely correct format, clarify intent, and correct superfluous internal cross-reference citations.

Regulation .03B(1) has been updated to correct a citation, from Insurance Article, §31-101(z)(1), Annotated Code of Maryland, to Insurance Article, §31-101(aa)(1), Annotated Code of Maryland. This change reflects an update to the numbering of the statute that became effective after the initial approval of these regulations by the Maryland Health Benefit Exchange Board of Trustees. This change does not differ substantively from the proposed text because it is a correction that maintains a citation to the same statute that was previously cited.

Regulation .03B(1)(a) has been updated in response to comments received concerning how the requirement that an employer “Has 50 or fewer employees” is to be calculated, this provision has been clarified to be more consistent with the definition of “small employer” in Insurance Article, §31-101(aa)(1), Annotated Code of Maryland. The requirement that an employer “Has 50 or fewer employees” language will be amended to clarify that the requirement is that the employer “Has, on average, 50 or fewer employees during the preceding calendar year. This change does not differ substantively from the proposed text because it is the consistent with the broad definition of “small employer” under Insurance Article, §31-101(aa), Annotated Code of Maryland.

Regulation .03I has been changed by deletion of a final phrase as indicated “Minimum participation is attained prior to initial plan enrollment, and annually prior to plan renewal [for employee choice groups].” Deletion is to avoid confusion that this regulation was creating an exception and both employee and employer choice must attain minimum participation annually at renewal. This change does not differ substantively from the proposed text because it is consistent with the definition of qualified employer and avoids the possibility of confusion that this provisions speaks to more than timing for the process of determining minimum participation.

Regulation .03J(1) has been amended to remove an unnecessary cross-reference to federal regulations by inserting the substance of the referenced regulation and clarify that the listed health coverage programs are examples and not an exclusive list.

.03 Eligibility for SHOP Exchange.

A. (proposed text unchanged)

B. SHOP Exchange Employer Eligibility.

(1) An employer is eligible to purchase insurance on the SHOP Exchange if it meets the following requirements as established by Insurance Article, [[§31-101(z)(1)]] §31-101(aa), Annotated Code of Maryland:

(a) Has, on average, 50 or fewer employees during the preceding calendar year;

(b)—(e) (proposed text unchanged)

(2) (proposed text unchanged)

C.—H. (proposed text unchanged)

I. Minimum Participation. A qualified employer shall meet the following minimum participation requirements:

(1)—(2) (proposed text unchanged)

(3) Minimum participation is [[attained]] determined prior to initial plan enrollment, and annually prior to plan renewal [[for employee choice groups]].

J. Participation Determination. In applying a minimum participation requirement to determine whether the applicable percentage of participation is met, a carrier may not consider as eligible employees:

(1) [[Those who have group spousal coverage under a public or private plan of health insurance or another employer's health benefit arrangement, including Medicare, Medicaid, and CHAMPUS, that provides benefits similar to or exceeding the benefits provided under a bronze level health plan as described in 45 CFR §156.140]] Employees who are enrolled in coverage through another group health plan, governmental coverage (such as Medicare, Medicaid, or TRICARE), coverage sold through the individual market, or other minimum essential coverage; or

(2) (proposed text unchanged)

K.—Q. (proposed text unchanged)

MICHELE S. EBERLE
Executive Director
Maryland Health Benefit Exchange

 

Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION

Notice of Final Action

[19-156-F]

On October 10, 2019, the Interagency Commission on School Construction adopted:

(1) The recodification, under a new subtitle, Subtitle 39 Interagency Commission on School Construction, of:

     (a) COMAR 23.03.01 to be COMAR 14.39.01 Terminology;

     (b) COMAR 23.03.02 to be COMAR 14.39.02 Administration of the Public School Construction Program;

     (c) COMAR 23.03.03 to be COMAR 14.39.03 Construction Procurement Methods;

     (d) COMAR 23.03.04 to be COMAR 14.39.04 Project Delivery Methods;

     (e) COMAR 23.03.05 to be COMAR 14.39.05 Alternative Financing; and

     (f) COMAR 23.03.06 to be COMAR 14.39.06 Relocatable Classroom Indoor Environmental Quality Standards;

(2) Amendments to Regulation .01 under COMAR 14.39.01 Terminology;

(3) The repeal of Regulations .01 and .10, amendments to Regulations .02, .03, .05—.07, .09, and .22—.24, amendments to and the recodification of existing Regulations .01-1, .12—.16, .18, .19, and .24-1—.29 to be Regulations .01, .11—.15, .17, .18, and .25—.30, respectively, the recodification of existing Regulations .11 and .17 to be Regulations .10 and .16, respectively, and new Regulation .19 under COMAR 14.39.02 Administration of the Public School Construction Program;

(4) Amendments to Regulations .01, .05—.07, and .09 under COMAR 14.39.03 Construction Procurement Methods;

(5) Amendments to Regulations .01 and .04—.06 under COMAR 14.39.04 Project Delivery Methods;

(6) Amendments to Regulations .01 and .04 and the repeal of Regulations .05—.12 under COMAR 14.39.05 Alternative Financing;

(7) Amendments to the authority line under COMAR 14.39.06 Relocatable Classroom Indoor Environmental Quality Standards; and

(8) New Regulations .01 and .02 under a new chapter, COMAR 14.39.07 Public School Facilities Educational Sufficiency Standards.

This action, which was proposed for adoption in 46:17 Md. R. 746—753 (August 16, 2019), has been adopted with the nonsubstantive changes shown below.

Effective Date: November 4, 2019.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .12B changes an incorrect cross-reference within the regulation text to Regulation .28 of the chapter (Waiver) to the correct cross-reference Regulation .29 of the chapter (Priority Funding Area Waiver Criteria). Failure to correct the cross-reference will lead readers of Regulation .12B to the wrong regulation and cause confusion. The IAC’s change to the original proposal is technical and does not change the position of any group affected by the regulation, decrease any benefits, or increase administrative burdens.

 

14.39.02 Administration of the Public School Construction Program

Authority: Education Article, §§4-126, 5-112, and 5-303; State Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland

.12 Site Selection.

A. (proposed text unchanged)

B. Unless a waiver is granted in accordance with Regulation [[.28]] .29 of this chapter, a proposed site for a new school or a replacement school that adds capacity shall be in a priority funding area.

C.—G. (proposed text unchanged)

ROBERT A. GORRELL
Executive Director
Interagency Commission on School Construction

 

Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

Notice of Final Action

[19-124-F]

On October 2, 2019, the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays adopted amendments to:

(1) Regulation .01 under COMAR 27.01.01 General Provisions;

(2) Regulations .06-1 and .06-3 under COMAR 27.01.02 Development in the Critical Area;

(3) Regulations .03 and .04 under COMAR 27.01.09 Habitat Protection Areas in the Critical Area;

(4) Regulation .01 under COMAR 27.01.10 Directives for Local Program Development;

(5) Regulation .01 under COMAR 27.02.01 General Provisions; and

(6) Regulations .04, .11, and .12 under COMAR 27.02.05 State Agency Actions Resulting in Development on State-Owned Lands.

This action, which was proposed for adoption in 46:14 Md. R. 627—632 (July 5, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

CHARLES C. DEEGAN
Chairman

 

Title 29
DEPARTMENT OF STATE POLICE

Subtitle 03 WEAPONS REGULATIONS

29.03.03 Handgun Roster Board

Authority: Public Safety Article, §5-403; State Government Article. §10-206; Annotated Code of Maryland.

Notice of Final Action

[19-088-F]

On October 7, 2019, the Secretary of State Police adopted amendments to Regulation .01 under COMAR 29.03.03 Handgun Roster Board. This action, which was proposed for adoption in 46:11 Md. R. 521 (May 24, 2019), has been adopted as proposed.

Effective Date: November 4, 2019.

WILLIAM M. PALLOZZI
Secretary of State Police

 

Proposed Action on Regulations

 

Title 03
COMPTROLLER OF THE TREASURY

Subtitle 11 ONLINE FANTASY COMPETITIONS

03.11.01 Fantasy Sports Competition Regulations

Authority: Criminal Law Article, §12-114, Annotated Code of Maryland

Notice of Proposed Action

[19-204-P]

The Comptroller of the Treasury proposes to repeal Regulations .01—.14 under COMAR 03.11.01 Fantasy Sports Competition Regulations.

Statement of Purpose

The purpose of this action is to repeal in their entirety the regulations under COMAR 03.11.01 Fantasy Sports Competition Regulations.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Anne Klase, Legislative Director, Office of the Comptroller, 80 Calvert Street Annapolis, MD 21404, or call 410-260-4055, or email to aklase@comp.state.md.us, or fax to 410-974-3808. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

PETER FRANCHOT
Comptroller

 

Title 04
DEPARTMENT OF GENERAL SERVICES

Subtitle 01 OFFICE OF THE SECRETARY

04.01.05 Public-Private Partnership Program

Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

Notice of Proposed Action

[19-208-P]

     The Secretary of the Department of General Services proposes to adopt new Regulations .01—.10 under a new chapter, COMAR 04.01.05 Public-Private Partnership Program.

Statement of Purpose

The purpose of this action is to promulgate regulations and establish a Department of General Services Public-Private Partnership Program to enhance the State’s non-transit public infrastructure assets, and to describe and provide a process for the development, solicitation, evaluation, award and delivery of Public-Private Partnerships that provides the greatest amount of flexibility, innovative design, transparency and accountability to the Department’s Program.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Ellen Robertson, Legislative Liaison and Regulations Coordinator, Maryland Department of General Services, 301 West Preston Street, 15th Floor, Baltimore MD 21201, or call 410-767-7522, or email to ellen.robertson@maryland.gov, or fax to 410-974-2361. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to:

A. Establish a Department of General Services Public-Private Partnership Program (Program) to enhance the State’s non-transit infrastructure assets; and

B. Describe and provide a process for the development, solicitation, evaluation, award, and delivery of Public-Private Partnerships in the Department’s Program.

.02 Scope.

A. In accordance with State Finance and Procurement Article, §10A-101 (g)(1), Annotated Code of Maryland, the Department is a reporting agency that may establish Public-Private Partnerships and execute Public-Private Partnership agreements in connection with any public infrastructure assets for which it is responsible.

B. Within the Department, the Secretary may establish a Public-Private Partnership operational unit and/or designee to administer the Department’s Program.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(2) “Department” means the Department of General Services.

(3) “Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants.

(4) “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.

(5) “Internal sponsor” means the senior manager or executive staff member of the Department of General Services that will serve as the primary support, or advocate, for the proposed project being submitted for consideration.

(6) “Multi-step solicitation process” means a Public-Private Partnership solicitation process that includes some or all of the following steps:

(a) Issuance of a Request for Information (RFI);

(b) Issuance of a request for qualifications;

(c) Pre-proposal conference;

(d) Issuance of a draft request for proposals;

(e) Industry review meetings; and

(f) Issuance of a final request for proposals.

(7) “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(8) “Program” means the structure, process, methodology, and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of non-transit public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(9) “Project Committee” is the Public-Private Infrastructure Project Committee established to advise the Secretary on the structure and implementation of the Department’s Public-Private Partnership Program and comprised of Department and other State employees identified by the Secretary.

(10) “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(11) “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(12) “Public-Private Partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(13) “Public-Private Partnership candidate concept application” means the documentation that must be submitted to the Project Committee to initiate and inform a high-level review of a Public-Private concept generated from within the Department, or by other State agencies.

(14) “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(15) “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(16) “Secretary” means the Secretary of the Department of General Services.

(17) “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.

.04 Public-Private Infrastructure Project Committee.

A. The Project Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to the following:

(1) Identification of potential Public-Private Partnership opportunities for screening;

(2) Screening of Public-Private Partnership opportunities, including both high-level and detailed-level;

(3) Prioritization of Public-Private Partnership opportunities for solicitation;

(4) Developing pre-solicitation and solicitation plans and processes for Public-Private Partnership opportunities;

(5) Ongoing monitoring of Public-Private Partnerships; and

(6) Coordination and communication with other State reporting agencies.

B. The Project Committee shall be comprised of Department and other State employees as identified by the Secretary.

C. The Project Committee shall be chaired by a Department employee, as identified by the Secretary, and referred to as the Project Committee chair.

.05 Project Identification Process.

A. Public-Private Partnership concepts and opportunities may be identified within the Department and through other State, regional, local, and municipal processes.

(1) Potential Public-Private Partnership concepts and opportunities may be identified through periodic planning, communication, and evaluation processes that are carried out within the Department and through other state, regional, local, and municipal processes.

(2) Public-Private Partnership Candidate Concept Application.

(a) To initiate a high-level review, screening, and policy analysis of a proposed Public-Private Partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Project Committee chair by an Assistant Secretary, designated as an Internal Sponsor.

(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.

(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, shall include but is not limited to:

(i) Preliminary ideas of Public-Private Partnership scope, schedule, and project lifecycle considerations;

(ii) Preliminary qualitative evaluation of relevant benefits and cost;

(iii) Preliminary description of financial concepts;

(iv) Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach; and

(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06.C(1) of this chapter.

(d) The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:

(i) Developed by the Project Committee;

(ii) Approved by the Secretary; and

(iii) Updated by the Project Committee as needed.

B. Unsolicited Proposals.

(1) In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for Public-Private Partnerships that will assist the Department in implementing its functions in a manner consistent with State policy.

(2) An unsolicited proposal may be submitted at any time.

(3) An unsolicited proposal shall:

(a) Be sealed and delivered to the Secretary’s Office to the attention of the Project Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and

(b) Consist of five hard copies and one electronic copy.

(4) Unsolicited Informational Meetings.

(a) Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission.

(b) Requests for unsolicited informational meetings shall be submitted to the Project Committee chair.

(c) The Department may, but is not required to, schedule informal meetings in response to a request.

(d) During unsolicited informational meetings, the Department may, but is not required to, provide verbal feedback and comments to the private entity.

(e) The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s public infrastructure needs.

(f) A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process.

(5) An unsolicited proposal shall be conceptual, containing only the information required for the Project Committee to conduct a high-level review and screening of the proposed Public-Private Partnership concept.

(6) An unsolicited proposal shall include, at a minimum, the following:

(a) An executive summary of the major elements of the unsolicited proposal, including:

(i) The title of the proposed concept;

(ii) A brief description and justification of the proposed concept;

(iii) The name and address of the private entity; and

(iv) A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address;

(b) Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity;

(c) A summary narrative that describes:

(i) The key components of the proposed Public-Private Partnership concept;

(ii) Preliminary ideas of the Public-Private Partnership scope, schedule, and project lifecycle considerations;

(iii) Preliminary qualitative evaluation of relevant benefits and costs;

(iv) Preliminary description of financial concepts;

(v) The relevance of the public-private concept to other Department facilities or other public infrastructure assets; and

(vi) How the Public-Private Partnership concept is consistent with existing governmental planning or project documents and governing law;

(d) A high-level description of financial feasibility that includes:

(i) Amounts and sources of any public funding that may be required;

(ii) How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and

(iii) How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the Public-Private Partnership agreement;

(e) Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach;

(f) Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and

(g) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.

(7) Unsolicited Proposal Fee.

(a) Each initial unsolicited proposal for a new project shall be accompanied by a check made payable to the State of Maryland/Department of General Services in the amount of $50,000.

(b) Each unsolicited proposal that addresses a project already in place shall be accompanied by a check in the amount of $10,000 made payable to the State of Maryland/Department of General Services.

(c) The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees.

(d) The Department may require more than one fee.

(e) Unsolicited proposal fees are non-refundable.

.06 Screening Process.

A. The purpose of the screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a Public-Private Partnership methodology.

B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated Public-Private Partnership concepts and unsolicited public-private concepts.

C. The screening process shall be organized in two phases:

(1) High-Level Screening Phase.

(a) Factors to be considered during the high-level screening may include, but are not limited to:

(i) Ability to meet State infrastructure, socioeconomic development, workforce, and environmental goals;

(ii) Technical implementation considerations;

(iii) Potential need for coordination with other State agencies;

(iv) Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;

(v) Opportunities to reduce reliance on public funds or finance, or both;

(vi) Public affordability considerations;

(vii) Potential for increased revenue generation and revenue sharing with the Department; and

(viii) Potential impact on the workforce, including existing State employees, if any.

(b) For internally generated Public-Private Partnership concepts, the high level screening shall be conducted based on the Public-Private Candidate Concept Application and supporting information provided by the Internal Sponsor.

(c) For unsolicited Public-Private concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department.

(d) Based on the findings of the high-level screening, the Project Committee may recommend to the Secretary that specific Public-Private Partnership concepts be advanced or not advanced to the detailed-level screening.

(e) The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to the detail-level screening phase.

(f) Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or unsolicited proposal, the Project Committee shall:

(i) Notify the Internal Sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or,

(ii) Request additional information from the Internal Sponsor or private entity.

(2) Detailed-Level Screening Phase.

(a) The detailed-level screening phase shall be more comprehensive than the high-level screening phase.

(b) In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:

(i) Scope, design concepts, and phasing schedules;

(ii) Compliance with federal and State environmental and transportation planning requirements;

(iii) Technical and financial feasibility analyses;

(iv) Evaluation of operations and maintenance requirements;

(v) Asset lifecycle costs and revenue estimates;

(vi) Risk assessment of key asset delivery elements;

(vii) In the event that a Public-Private Partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the Public-Private Partnership Agreement is approved by the Board of Public Works; and,

(viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.

(c) The types of analyses and resources committed to a detailed-level screening phase will be determined by the Project Committee and the Secretary, on a case-by-case basis.

(d) Based on the findings of the detailed-level screening, the Project Committee shall make recommendations to the Secretary as to which Public-Private Partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report.

(e) The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to submission of a pre-solicitation report.

(f) Within 45 days after advancement of a Public-Private Partnership concept to the detailed-level screening analysis phase, the Project Committee shall:

(i) Notify the Internal Sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or

(ii) Request additional information from the Internal Sponsor or private entity.

.07 Pre-solicitation.

A. Pre-solicitation Report Development.

(1) The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.

(2) In consultation with the Project Committee, the Secretary shall determine:

(a) The tasks required for the development of a pre-solicitation report; and

(b) The responsible parties within the Department.

(3) The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to:

(a) Analyses and documentation, including some or all of the following categories:

(i) Scope, design concepts, and phasing schedules;

(ii) Compliance with federal and State environmental planning requirements;

(iii) Technical and financial feasibility analyses;

(iv) Evaluation of operations and maintenance requirements;

(v) Asset lifecycle costs and revenue estimates;

(vi) Risk assessment of key asset delivery elements;

(vii) In the event that a Public-Private Partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and,

(viii) Other analyses determined to be necessary to determine appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.

(b) Issuing public requests for information to obtain additional information that may help the Department to confirm or refine key assumptions; and

(c) Organizing public industry forums to obtain additional knowledge that may help the Department confirm or refine key assumptions.

(4) In the event that the proposed Public-Private Partnership delivery method may have a potential impact on State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact.

B. The Department may not issue a public notice of solicitation for a Public-Private Partnership until:

(1) A pre-solicitation report concerning the proposed Public-Private Partnership is submitted to the Comptroller, the State Treasurer, the Budget Committees, and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and

(2) The Department has sought and received the official designation by the Board of Public Works of the public infrastructure asset as a Public-Private Partnership and approval of the solicitation method.

.08 Solicitation Process.

A. General.

(1) The solicitation process for Public-Private Partnerships shall be competitive, regardless of whether the Public-Private Partnership concept originated internally within the Department or from an unsolicited proposal.

(2) For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland.

B. Solicitations Relating to Concepts Described in Unsolicited Proposals.

(1) The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.

(2) An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland.

(3) The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal.

(4) The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.

C. Multi-Step Solicitation Process.

(1) The Department may use a multi-step solicitation process that includes, but is not limited to, some of the following steps:

(a) Issuance of a request for qualifications;

(b) Pre-proposal conference;

(c) Issuance of a draft request for proposals;

(d) Industry review meetings; and,

(e) Issuance of a final request for proposals.

(2) The determination to utilize some or all of the solicitation steps shall be made on a case-by-case basis depending on which steps are advantageous to the State.

(3) The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.

(4) The Department may issue a request for qualifications.

(a) The purpose of a request for qualifications is to:

(i) Identify private entities that qualify as participants in the solicitation process; and,

(ii) Identify a shortlist of the highest qualified candidates for continuing in the solicitation process.

(b) Based on the responses to the request for qualifications, the Department may:

(i) Identify one or more private entities as qualified; and,

(ii) Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.

(c) Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:

(i) Participate in industry review meeting;

(ii) Receive drafts of the request for proposals;

(iii) Submit comments on drafts of the request for proposals;

(iv) Receive the final request for proposals; and,

(v) Submit a written proposal in response to the final request for proposals.

(5) Pre-proposal Conference.

(a) The purpose of a pre-proposal conference is to facilitate better understanding of solicitation requirements and processes.

(b) A pre-proposal conference may be scheduled by the Department after the initial public notice of solicitation for a Public-Private Partnership.

(c) Pre-proposal conferences are open to all interested private entities.

(6) Draft Request for Proposals.

(a) As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities.

(b) Draft requests for proposals may include, but are not limited to:

(i) Instructions to private entities for responding to the request for proposals;

(ii) Technical provisions;

(iii) Scope of work; and

(iv) Public-Private Partnership agreement key terms and components.

(c) Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process.

(d) The Department may use comments and questions from the shortlisted private entities for subsequent revisions to the draft request for proposals.

(7) Industry Review Meetings.

(a) The Department may conduct industry review meetings as part of a multi-step solicitation process.

(b) The purpose of industry review meetings is to:

(i) Obtain comments and make revisions to the draft request for proposals:

(ii) Obtain the best value for the State;

(iii) Facilitate the full understanding regarding the requirements of the State for the Public-Private Partnership concept;

(iv) Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and

(v) Finalize the requirements for the request for proposals.

(c) Agreement negotiations may not be conducted during industry review meetings.

(d) Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.

(e) Industry review meetings may be:

(i) Joint workshops with all shortlisted private entities invited to participate; or

(ii) One-on-one meetings between the Department and individual shortlisted private entities.

(f) The Department may use comments and questions obtained from the shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.

(8) Final Request for Proposals.

(a) In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.

(b) The contents of the final request for proposals may be based on information gathered during the earlier solicitation phases, including but not limited to;

(i) Pre-proposal conference;

(ii) Request for qualifications; and,

(iii) Industry review meetings.

(c) The Department may issue a final request for proposals without previously:

(i) Issuing a request for qualifications;

(ii) Issuing a draft request for proposals; or

(iii) Conducting industry review meetings.

(9) Information Available During Solicitation.

(a) The Department may make relevant technical and financial information available to shortlisted private entities through an electronic data room.

(b) The Department may respond to relevant additional information requests by shortlisted private entities in support of due diligence reviews, including requests for site inspections.

(c) Information or site access provided to individual shortlisted private entities pursuant to an additional information request as provided for in §C(9)(b) of this regulation., must also be made available to all other interested private entities if a shortlist of private entities has not yet been established; or, to all other shortlisted private entities if a shortlist of private entities has been established.

(d) Shortlisted Private entities shall be required to sign confidentiality agreements prior to release of information deemed confidential.

D. Reimbursement.

(1) The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.

(2) If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing the private entity shall be described in the public notice of solicitation associated with the specific Public-Private Partnership.

(3) The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement.

(4) The Department shall only consider reimbursement for shortlisted private entities.

(5) Maximum Reimbursement Amount.

(a) The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a Public-Private Partnership.

(b) The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis.

(6) Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.

E. Reservation of Rights. The Department reserves all rights available by law and in equity in its Public-Private Partnership solicitation process, including without limitation, the right to:

(1) Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;

(2) Issue addenda, supplements, and modifications to a public notice of solicitation;

(3) Cancel a solicitation in whole or in part at any time prior to execution of a Public-Private Partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;

(4) Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;

(5) Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;

(6) Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law;

(7) Determine whether to pursue federal credit assistance on behalf of the private entities;

(8) Publicly disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland;

(9) Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or

(10) Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility determination.

F. Additional reservations of Department rights may be included in the solicitation documents for a Public-Private Partnership.

.09 Evaluations, Negotiation, and Award.

A. The Department shall conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity.

(1) Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular Public-Private Partnership opportunity.

(2) The objective of this evaluation process is to select the private entity that provides the best value solution for the State.

(3) The Department’s evaluation criteria shall be clearly set forth in each request for solicitation.

(4) A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration.

B. The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve.

C. The Secretary shall establish one or more evaluation committees on a case-by-case basis that may:

(1) Be comprised of:

(a) Secretary’s Office employees; and

(b) Other State employees;

(2) Review statements of qualifications;

(3) Review proposals; and

(4) Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.

D. Best and Final Offers.

(1) After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.

(2) The Secretary may request multiple iterations of best and final offers.

(3) A best and final offer process is not required.

E. After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity.

F. The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may:

(1) Be comprised of:

(a) Secretary’s Office employees; and

(b) Other State employees;

(2) Review the apparent best value private entity’s response to the request for proposals;

(3) Review the apparent best value private entity’s best and final offer, if any; and

(4) Receive assistance from outside experts and consultants during the evaluation process.

G. The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:

(1) Negotiations with the apparent best value private entity are unsuccessful; or

(2) The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the Public-Private Partnership solicitation.

H. After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval.

I. After the Secretary provides written approval of the best value private entity, the Department shall:

(1) Finalize and prepare the Public-Private Partnership agreement for execution, in coordination with the best value private entity;

(2) Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and

(3) Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed Public-Private Partnership delivery method has an impact on existing State employees.

J. Final Agreement Review.

(1) The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland.

(2) A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:

(a) The financial plan, including annual cash flows, for any Public-Private Partnership including:

(i) State contributions;

(ii) Federal loans or credit assistance;

(iii) Private investment;

(iv) Local contributions; and

(v) Other funding contributions;

(b) The ongoing financial costs and increases associated with any operating and maintenance contracts;

(c) The impact any public private partnership agreement may have on the State’s debt affordability measures;

(d) An analysis of why the proposed agreement is more advantageous than a conventional project delivery;

(e) A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership;

(f) A summary of the performance measures included in the ongoing operation of the public private partnership;

(g) A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and

(h) A plan for how the long-term operating and maintenance contract will be overseen by the agency.

.10 Delivery.

Procedures for Public-Private Partnership Agreements. In the development of a Public-Private Partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.

ELLINGTON E. CHURCHILL, JR.
Secretary of General Services

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Proposed Action

[19-220-P]

The Secretary of Natural Resources proposes to amend Regulation .15 under COMAR 08.02.05 Fish.

Statement of Purpose

The purpose of this action is to correct the minimum size for the commercial black drum fishery in the Atlantic Ocean. When the commercial fishery for the Chesapeake Bay was opened in early 2019 the regulation was reorganized. The 16-inch minimum size for the Atlantic Ocean black drum commercial fishery was inadvertently deleted when the regulation was reorganized. The 16-inch minimum size limit for that fishery has been in place since the adoption of black drum regulations in 1994. The Department, to be in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Black Drum, must re-establish the minimum size limit. The proposed action requires a black drum harvested from the waters of the Atlantic Ocean be a minimum of 16 inches in length.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Black Drum Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.15 Black Drum.

A. (text unchanged)

B. Commercial Fishery.

(1) Atlantic Ocean.

(a) The annual total allowable landings is 1500 pounds.

(b) A commercial licensee may not catch or possess black drum less than 16 inches in total length.

(2)—(3) (text unchanged)

C. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 07 FORESTS AND PARKS

08.07.06 Use of State Parks

Authority: Natural Resources Article, §5-209, Annotated Code of Maryland

Notice of Proposed Action

[19-218-P]

The Secretary of Natural Resources proposes to amend Regulation .02 under COMAR 08.07.06 Use of State Parks.

Statement of Purpose

The purpose of this action is to add three State Park units to ensure an accurate list of all current State Park land units. The three land units are: Bohemia River Natural Resources Management Area (Cecil County), Sang Run State Park (Garrett County), and Wolf Den Run State Park (Garrett County).

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

 

 

Opportunity for Public Comment

Comments may be sent to Amanda Mock, Director of Administration, Maryland Park Service, Department of Natural Resources, 580 Taylor Avenue, E-3, Annapolis, MD 21401, or call 410-260-8178, or email to amanda.mock@maryland.gov, or fax to 410-260-8191. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.02 State Park System.

A.—D. (text unchanged)

E. State Parks.

Name of Area ...................................................................  County

(1)—(40) (text unchanged)

(41) Sang Run .............................................................  Garrett

[(41)] (42)[(50)] (51) (text unchanged)

(52) Wolf Den Run ......................................................  Garrett

[(51)] (53) (text unchanged)

F. Natural Resources Management Areas.

Name of Area ...................................................................  County

(1) (text unchanged)

(2) Bohemia River .......................................................  Cecil

[(2)] (3)[(12)] (13)

G.—I. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS—REAL ESTATE APPRAISERS

09.19.02 Educational Requirements

Authority: Business Occupations and Professions Article, §§16-220,
[16-302(g)] 16-302(d)(1) and (3) and (g), and [16-503(f)] 16-503(b)(1)(iii), (3), and (4), (e), and (f), Annotated Code of Maryland

Notice of Proposed Action

[19-206-P]

The Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to amend Regulation .01 under COMAR 09.19.02 Educational Requirements. This action was considered at a public meeting of the Commission held on June 11, 2019, notice of which was given by posting on the Commission’s website, pursuant to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend prelicense education criteria required of a real estate appraiser to comply with the most current Appraiser Qualifications Board guidelines for eligibility for an examination required to obtain an original appraiser license or certificate. The amendments will eliminate the requirement of a college degree for a licensed residential appraiser and propose a variety of education paths to certified residential licensure.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action is expected to ease the burden on prospective applicants for appraisal licensure by opening up licensure to a greater number of individuals, including those who may not have obtained a traditional college education and by reducing the time within which a prospective applicant must obtain prelicense examination work experience.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

 

(1)

(E-)

Indeterminable

(2)

(R+)

Indeterminable

B. On other State agencies:

(E-)

Indeterminable

C. On local governments:

 

 

(1)

(R+)

Indeterminable

(2)

(E-)

Indeterminable

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A(1). The cost of acquiring licensed appraisal services to any State agency that uses such services may decrease as more individuals become authorized and available to provide appraisal services.

A(2). Revenue may increase as a greater number people become qualified for appraisal licensure and are charged fees associated with original and renewed licensure.

B. The cost of acquiring licensed appraisal services to any State agency that uses such services may decrease as more individuals become authorized and available to provide appraisal services.

C(1). Revenue may increase as a greater number people become qualified for appraisal licensure and reside or establish or do business in a local jurisdiction.

C(2). The cost of acquiring licensed appraisal services may decrease as more individuals become authorized and available to provide appraisal services.

D. Regulated trade groups may benefit from additional members of the industry and trade organizations may benefit from increased membership.

F. The cost of acquiring licensed appraisal services may decrease as more individuals become authorized and available to provide appraisal services.

 

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Todd Blackistone, Executive Director, Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, 500 North Calvert Street, Third Floor, Baltimore, MD 21202, or call 410-230-6165, or email to todd.blackistone@maryland.gov, or fax to 410-333-6314. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors during a public meeting to be held on December 10, 2019, at 500 North Calvert Street, Second Floor Conference Room, Baltimore, MD 21202.

.01 Eligibility to Take Examination or Obtain Original Trainee License.

A. Licensed Real Estate Appraisers. Except as provided in COMAR 09.19.04, [on or after January 1, 2015,] to be eligible to sit for the licensed real estate appraisers examination, an applicant shall hold a valid trainee appraiser license and shall have successfully completed[:

(1)] 150 classroom hours of study[; and] in accordance with the Appraiser Qualifications Board core curriculum as set forth in Regulation .03B of this chapter that includes:

(1) The 15-hour National USPAP Course or an equivalent course approved by the Appraisal Qualifications Board; and

(2) 75 hours in:

(a) Residential market analysis and highest and best use — 15 hours;

(b) Residential appraiser site valuation and cost approach — 15 hours;

(c) Residential sales comparison and income approaches — 30 hours; and

(d) Residential report writing and case studies — 15 hours.

[(2) One of the following:

(a) An associate’s degree, or higher, from an accredited college, junior college, or community college; or

(b) 30 semester credit hours of college-level education from an accredited college, junior college, community college or university.]

B. Residential Real Estate Appraisers. [On and after January 1, 2015, to] To be eligible to sit for the certified residential real estate appraisers examination, an applicant shall have successfully completed:

(1) (text unchanged)

(2) One of the following:

(a) A bachelor’s degree or higher from an accredited college or university[.];

(b) An associate’s degree, or higher, from an accredited college, junior college, or community college in a field of study related to:

(i) Business administration;

(ii) Accounting;

(iii) Finance;

(iv) Economics; or

(v) Real estate;

(c) 30 semester credit hours of college-level courses that cover 3 semester hours in each of the following specific topic areas:

(i) English composition;

(ii) Microeconomics;

(iii) Macroeconomics;

(iv) Finance;

(v) Algebra;

(vi) Statistics;

(vii) Computer science;

(viii) Business or real estate law; and

(ix) 2 elective courses in any of the topics listed in §B(2)(c)(i)—(viii) of this regulation or in accounting, geography, agricultural economics, business management, or real estate;

(d) Successful completion of at least 30 semester hours of college-level examination program (CLEP) examinations from each of the following subject matter areas:

(i) College algebra—3 semester hours;

(ii) College composition—6 semester hours;

(iii) College composition modular—6 semester hours;

(iv) College mathematics—6 semester hours;

(v) Principles of macroeconomics—3 semester hours;

(vi) Principles of microeconomics—3 semester hours;

(vii) Introductory business law—3 semester hours; and

(viii) Information systems—3 semester hours; or

(e) Any combination of §B(2)(c) or (d) of this regulation that ensures coverage of all topics and hours identified in §B(2)(c) of this regulation.

C. As an alternative to the requirements of §B(2)(c) of this regulation, an individual who has held a real estate appraiser license for a minimum of 5 years may qualify for a residential real estate appraiser certificate by satisfying all of the following:

(1) No record of any adverse, final, and non-appealable disciplinary action affecting the licensee’s legal eligibility to engage in appraisal practice within the 5 years immediately preceding the date of application for a residential real estate appraiser certificate; and

(2) Successful completion of the required Appraiser Qualifications Board core curriculum as set forth in Regulation .03B of this chapter; and

(3) Successful completion of the additional required qualifying education as set forth in §D of this regulation.

 D. An individual holding valid trainee appraiser license may satisfy the educational requirements for a residential appraiser certificate by successful completion of Appraiser Qualifications Board core curriculum as set forth in Regulation .03B of this chapter.

E. An individual holding a valid real estate appraiser license may satisfy the educational requirements for a residential real estate appraiser certificate by successful completion of the:

(1) Appraiser Qualifications Board core curriculum as set forth in Regulation .03B of this chapter; and

(2) Additional qualifying education including:

(a) Statistics, modeling, and finance—15 hours;

(b) Advanced residential applications and case studies—15 hours; and

(c) Appraisal subject matter electives—20 hours.

F. An individual holding a valid trainee appraiser license may qualify for a real estate appraiser license by satisfying the college-level education requirements as set forth in §B(2) of this regulation.

G. An individual holding a valid real estate appraiser license who does not meet the requirements set forth in §C of this regulation may qualify for a residential appraiser certificate by satisfying the college-level education requirements as set forth in §B(2) of this regulation.

[C.] H. General Real Estate Appraisers. [On and after January 1, 2015, to] To be eligible to sit for the certified general real estate appraisers examination, an applicant shall have completed:

(1)—(2) (text unchanged)

[D.] I. [On and after January 1, 2015, to] To be eligible for a real estate appraiser trainee license, an applicant, within the 5 year period prior to the date of submission of an application for a real estate appraiser trainee license, shall have completed:

(1)—(2) (text unchanged)

ANATOL POLILLO
Chairman
Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.10 Nursing Facility Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, 19-14B-01, and 19-310.1, Annotated Code of Maryland

Notice of Proposed Action

[19-212-P]

The Secretary of Health proposes to amend Regulations .07, .08, and .30 under COMAR 10.09.10 Nursing Facility Services.

Statement of Purpose

The purpose of this action is to implement a 3 percent rate increase for nursing facility services in accordance with the State’s budget for Fiscal Year 2020. In addition, the geographic regions used to calculate nursing service rates will be revised and the Interim Working Capital Fund will be extended for 1 year.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed amendments will implement a 3 percent rate increase for Fiscal Year 2020. This will be achieved by adjusting reimbursement provisions in order to limit the net increase to 3 percent. In addition, working capital advances will result in loss of potential interest income to the State. Revision of geographic regions for nursing services will have no net economic impact.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(E-)

$47,505,981

(2)

(R-)

$215,130

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Nursing home providers

(-)

$47,505,981

(2) Nursing home providers

(+)

$215,130

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A(1). The average reimbursement for nursing facility services will increase by 3 percent in Fiscal Year 2020. Under the provisions of this amendment, the rate represents a reduction of $8.78 per day compared with the rate that providers would otherwise receive. Based on a projected 5,410,704 days of care in Fiscal Year 2020, this reduction represents a savings to the State of $47,505,981. This amount is 50 percent federal funds and 50 percent General Funds.

A(2). The interim working capital fund will provide a projected $11,898,770 to providers during Fiscal Year 2020, resulting in loss of potential interest income of $215,130 based on a rate of return of 1.808 percent. This amount is 100 percent General Funds.

D(1). Reimbursement for nursing facilities will be reduced by $47,505,981 based on the net impact of the reimbursement adjustments in this proposal, although the average per diem rate will increase by 3 percent as described in Section IIIA(1).

D(2). Providers will benefit from the State’s loss of potential interest income in the amount of $215,130 due to providing working capital advances.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The proposed action affects payments for services used by individuals with disabilities, but it is not expected to have an impact on availability or access to services.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.07 Prospective Rates.

A.—F. (text unchanged)

G. Final facility rates for the period July 1, [2018] 2019 through June 30, [2019] 2020 shall be each nursing facility’s quarterly rate, exclusive of the amount identified in Regulation .13A(2) of this chapter, reduced by the budget adjustment factor of [2.387] 3.4 percent, plus the Nursing Facility Quality Assessment add-on identified in Regulation .11E of this chapter and the ventilator care add-on amount identified in Regulation .13A(2) of this chapter when applicable.

.08 Interim Working Capital Fund.

A.—G. (text unchanged)

H. The Interim Working Capital Fund expires on May 1, [2019] 2020. Providers shall repay all outstanding funds to the Department by May 1, [2019] 2020. The Department may grant repayment extensions, [of] not longer than 60 days, under extraordinary circumstances.

.30 Reimbursement Classes.

A.—B. (text unchanged)

C. [The] For services provided prior to July 1, 2019, the reimbursement classes for the Nursing Service cost center are as follows:

(1)—(5) (text unchanged)

D. Effective July 1, 2020, the reimbursement classes for the Nursing Service cost center are as follows:

(1) Facilities in the Baltimore Metro region consisting of Baltimore City and the following counties:

(a) Anne Arundel;

(b) Baltimore;

(c) Carroll;

(d) Cecil;

(e) Harford; and

(f) Howard;

(2) Facilities in the Washington Metro region consisting of the following counties:

(a) Calvert;

(b) Charles;

(c) Frederick;

(d) Montgomery;

(e) Prince George’s; and

(f) St. Mary’s;

(3) Facilities in the Eastern region consisting of the following counties:

(a) Caroline;

(b) Dorchester;

(c) Kent;

(d) Queen Anne’s;

(e) Somerset;

(f) Talbot;

(g) Wicomico; and

(h) Worcester; and

(4) Facilities in the Western region consisting of the following counties:

(a) Allegany;

(b) Garrett; and

(c) Washington.

E. During the period July 1, 2019 through June 30, 2020, reimbursement for the Nursing Service cost center shall be the sum of 50 percent of the amount calculated in accordance with the reimbursement classes under §C of this regulation and 50 percent of the amount calculated in accordance with the reimbursement classes under §D of this regulation.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.79 Presumptive Eligibility for Correctional Facilities

Authority: Health-General Article, §15-103(b), Annotated Code of Maryland

Notice of Proposed Action

[19-211-P]

The Secretary of Health proposes to amend Regulations .02 and .03 under COMAR 10.09.79 Presumptive Eligibility for Correctional Facilities.

Statement of Purpose

The purpose of this action is to clarify requirements for eligibility workers completing presumptive eligibility applications for individuals in correctional facilities.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(12) (text unchanged)

(13) “Presumptive eligibility” means temporary eligibility for Medical Assistance as determined by [a presumptive] an eligibility worker at a participating qualified correctional facility in accordance with this chapter.

[(14) “Presumptive eligibility worker” means an individual who is trained to make presumptive eligibility determinations and includes an employee of a:

(a) Local health department who is physically present at a participating correctional facility at the time of the presumptive eligibility determination; or

(b) Correctional facility.]

.03 Requirements.

A. (text unchanged)

[B. To participate as a presumptive eligibility entity, the correctional facility shall enter a memorandum of understanding with the Department.

C. The memorandum of understanding required under §B of this regulation shall require correctional facilities to:

(1) Comply with Departmental policies and procedures supplied by the Department at the time of application and training;

(2) Meet accuracy and timeliness standards established by the Department;

(3) Submit a list to the Department of presumptive eligibility workers who will attend presumptive eligibility training developed by the Department; and

(4) Report the requested information on a form designated by the Department.]

[D.] B. [Before assisting an applicant in filing a presumptive eligibility application, the presumptive] The eligibility worker shall:

(1)—(2) (text unchanged)

[E.] C. [If] Unless the [individual’s full] individual is enrolled in the Maryland Medical Assistance [application is not approved] Program, the [presumptive] eligibility worker shall:

(1)—(4) (text unchanged)

[F.] D. In order to ensure the applicant has temporary Medical Assistance coverage, the [presumptive] eligibility worker shall submit the presumptive eligibility application to the Department on the date the application is completed.

[G.] E. (text unchanged)

[H.] F. On finding that a qualified correctional facility has failed to meet the requirements of [§§A—G] §§A—E of this regulation, the facility shall take reasonable corrective action measures, as determined by the Department, to address the noncompliance.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 14 CANCER CONTROL

10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment

Authority: Health-General Article, §§2-102, 2-104, and 2-105, Annotated Code of Maryland

Notice of Proposed Action

[19-207-P]

     The Secretary of Health proposes to amend Regulations .01—.07, .09, .10, and .12—.22 and adopt new Regulations .04-1 and .04-2 under COMAR 10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment.

Statement of Purpose

The purpose of this action is to add physician assistants and certified nurse midwives to the list of providers that may be reimbursed by the Breast and Cervical Cancer Diagnosis and Treatment Program (Program) under this chapter, update outdated references and definitions, and make clarifying changes throughout.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.01 Scope.

A. (text unchanged)

B. This chapter also defines the:

(1) Responsibilities and duties of the Department, the participating local health department, the hospital-coordinated breast and cervical cancer screening program, the [medical] health care provider who determines patient eligibility and refers patients to the Program, and the following participating providers:

(a) (text unchanged)

(b) Physician assistant;

(c) Certified nurse midwife;

[(b)] (d)[(k)] (m) (text unchanged)

(2) (text unchanged)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Applicant” means an individual who has applied to be eligible to have certain [medical] health care costs associated with the diagnosis and treatment of breast cancer, cervical cancer, or a precancerous cervical lesion paid for by the Department.

(5) (text unchanged)

[(6) “Breast and cervical cancer program” means a local health department program for the early detection of breast and cervical cancer.]

[(7)] (6)[(8)] (7) (text unchanged)

(8) “Certified nurse midwife” means a registered nurse who:

(a) By reason of certification under COMAR 10.27.05, may practice in Maryland under the terms of those regulations; or

(b) Meets the certification requirements in the jurisdiction in which the service is provided, if the service is provided out-of-State.

(9)—(24) (text unchanged)

[(25) “Health Services Cost Review Commission” means the independent organization within the Department which is responsible for reviewing and approving rates for hospitals pursuant to Health-General Article, Title 19, Subtitle 2, Annotated Code of Maryland.]

[(26)] (25)[(29)] (28) (text unchanged)

[(30) “Initial referring agency” means the local health department, hospital, or medical provider which refers an eligible patient to a participating medical care provider.]

[(31)] (29)[(37-1)] (37) (text unchanged)

(38) “Medical [assistance] Assistance” means the program administered by the State under Title XIX of the Social Security Act which provides comprehensive medical and other health-related care for eligible and medically needy low income individuals.

(39)—(46) (text unchanged)

[(47) “Oncology consultation” means the act of conferring with a physician who is a cancer specialist about the medical case management of a patient.]

[(48)] (47) (text unchanged)

[(49)] (48) “Participating [medical] health care provider” means a local health department, hospital, or a participating:

(a) Certified nurse midwife;

[(a)] (b)[(j)] (k) (text unchanged)

(l) Physician assistant;

[(k)] (m) (text unchanged)

[(l)] (n) Other appropriate [medical] health care providers.

[(50)] (49)[(57)] (56) (text unchanged)

[(58) “Physical therapy provider” means an individual, association, partnership, or incorporated or unincorporated group of physical therapists who are licensed or registered to provide services for patients.]

[(59)] (57) (text unchanged)

(58) “Physician assistant” means an individual who:

(a) Is licensed to practice medicine under the supervision of a physician under Health Occupations Article, Title 15, Annotated Code of Maryland; or

(b) Meets the licensure requirements in the jurisdiction in which the service is provided, if the service is provided out-of-State.

[(60)] (59) “Prescriber” means a participating [medical] health care provider licensed to prescribe legend drugs in the state in which the service is provided.

[(61)] (60) (text unchanged)

[(62)] (61) “Program” means the Breast and Cervical Cancer Diagnosis and Treatment Program within the Department established to:

(a) Reimburse for breast and cervical cancer diagnostic and treatment services provided by participating [medical] health care providers to eligible patients; and

(b) Pay for MHIP coverage, if available, for eligible patients in lieu of providing direct reimbursement to participating [medical] health care providers.

[(63)] (62)[(66)] (65) (text unchanged)

[(67) “Second surgical opinion” means an independent opinion obtained from another physician before the performance of a surgical procedure recommended by the initial physician.]

[(68)] (66)[(71)] (69) (text unchanged)

[(72) “Usual source of supply” means the most frequently used pharmaceuticals located within the State that are obtained by a pharmacy provider from a wholesaler, distributor, or manufacturer.]

[(73)] (70) (text unchanged)

.03 Patient Eligibility.

A. To be eligible to have a covered service reimbursed under the Program, an applicant shall:

(1) Be a resident [of Maryland];

(2) Be screened for breast cancer or cervical cancer, or both, by a:

(a)—(b) (text unchanged)

(c) [Medical] Health care provider;

(3)—(5) (text unchanged)

(6) Receive a medical service only from participating [medical] health care providers for breast cancer diagnosis, breast cancer treatment, cervical cancer diagnosis, or cervical cancer or precancer treatment, or any combination of these services.

B.—F. (text unchanged)

G. An eligible patient is responsible for the following:

(1) Keeping the Program, local health department, hospital, or [medical] health care provider who determines the patient’s eligibility for the Program informed of any change in health insurance status;

(2) Selecting and using only a participating [medical] health care provider; and

(3) (text unchanged)

.04 Physician Services.

A. To be considered a participating physician in the Program, the provider shall:

(1)—(6) (text unchanged)

(7) Agree to the following medical guidelines:

(a)—(f) (text unchanged)

(g) To consult an oncologist before any treatment is initiated for Stage [1] I or greater breast cancer or invasive cervical cancer; and

(h) (text unchanged)

(8)—(10) (text unchanged)

B.—D. (text unchanged)

E. The participating physician is responsible for the following:

(1) (text unchanged)

(2) Accepting a referral of an eligible patient from a local health department, hospital, or other [medical] health care provider;

(3)—(9) (text unchanged)

F.—G. (text unchanged)

.04-1 Physician Assistant Services.

A. To be considered a participating physician assistant in the Program, the provider shall:

(1) Be licensed to practice as a physician assistant in Maryland or a jurisdiction bordering Maryland;

(2) Have a current written executed delegation agreement with a licensed supervising physician who is licensed to practice medicine in Maryland or a jurisdiction bordering on Maryland, if required by that jurisdiction;

(3) Agree to accept, for each reimbursed medical procedure performed or service provided, the following reimbursement including, if applicable, a medical management fee as described in Regulation .15 of this chapter:

(a) The current Medical Assistance approved rate in the State of an eligible patient who is uninsured or has insurance that does not provide coverage for a certain procedure or services;

(b) The reimbursement rate approved by the insurer plus the payment of the deductible and patient contribution amount by the Department for an eligible patient who has insurance, other than Medicare, that provides coverage for a certain procedure or service;

(c) The reimbursement rate approved by Medicare plus the payment of the deductible and patient contribution amount by the Department for an eligible patient who is covered by Medicare only; or

(d) For an eligible patient who has insurance that provides coverage for a reimbursed procedure or service that is less than the current Medical Assistance approved rate, the reimbursement rate approved by the insurer plus the difference between the reimbursement rate approved by the insurer, and the Medical Assistance approved rate in the State plus the payment of the deductible and patient contribution amount by the Department;

(4) Agree to abide by the provisions set forth in this section by signing and sending to the Department the designated Departmental form; and

(5) Agree to the medical, financial, and reporting requirements of the Program pursuant to Regulation .04A(5), (6), (7)(a)—(e), and (8)—(10) of this chapter.

B. An eligible health care provider may be a physician assistant.

C. The reimbursed medical services include services related to breast and cervical cancer rendered to participants in accordance with:

(1) The functions allowed under:

(a) The Physician Assistant’s Practice Act;

(b) COMAR 10.32.03; and

(c) The physician assistant’s written delegation agreement with a physician; or

(2) If out-of-State, the functions authorized in the state in which the services are provided.

D. Non-reimbursed medical procedures and services include a procedure or service not related to the diagnosis and treatment of breast and cervical cancer.

E. The participating physician assistant shall accept the responsibilities pursuant to Regulation .04E—G of this chapter.

.04-2 Certified Nurse Midwife Services.

A. To be considered a participating certified nurse midwife in the Program, the provider shall:

(1) Be a certified nurse midwife in Maryland or a jurisdiction bordering on Maryland and hold all certifications as required by the Maryland Board of Nursing;

(2) Agree to accept, for each reimbursed medical procedure performed or service provided, the following reimbursement including, if applicable, a medical management fee as described in Regulation .15 of this chapter:

(a) The current Medical Assistance approved rate in the State for an eligible patient who is uninsured or has insurance that does not provide coverage for a certain procedure or service;

(b) The reimbursement rate approved by the insurer plus the payment of the deductible by the Department for an eligible patient who has insurance, other than Medicare, that provides coverage for a certain procedure or service;

(c) The reimbursement rate approved by Medicare plus the payment of the deductible and patient contribution amount by the Department for an eligible patient who is covered by Medicare only; or

(d) For an eligible patient who has insurance that provides coverage for a reimbursed procedure or service that is less than the current Medical Assistance approved rate, the reimbursement rate approved by the insurer plus the difference between the reimbursement rate approved by the insurer, and the Medical Assistance approved rate in the State plus the payment of the deductible by the Department;

(3) Agree to abide by the provisions set forth in this section by signing and sending to the Department the designated Departmental form; and

(4) Agree to the medical, financial, and reporting requirements of the Program pursuant to Regulation .04A(5), (6), (7)(a)—(e), and (8)—(10) of this chapter.

B. If out-of-State, the provider shall meet the regulatory requirements of the state in which the services are provided.

C. The reimbursed medical procedure includes but is not limited to:

(1) Colposcopically directed cervical or vaginal biopsy or both:

(2) Colposcopy;

(3) Cyst aspiration;

(4) Endocervical curettage;

(5) Endometrial biopsy if the patient has taken Tamoxifen for the treatment of breast cancer or if cervical cancer has been documented;

(6) Medically necessary services within the provider’s scope of practice as described in COMAR 10.27.05; or

(7) If out-of-State, nurse midwife services authorized in the state in which the services are provided.

D. Non-reimbursed medical procedures and services include a procedure or service not related to the diagnosis and treatment of breast and cervical cancer.

E. The participating certified nurse midwife shall accept the responsibilities pursuant to Regulation .04E—G of this chapter.

.05 Nurse Practitioner Services.

A. To be considered a participating nurse practitioner in the Program, the provider shall:

(1)—(2) (text unchanged)

(3) Agree to accept, for each reimbursed medical procedure performed or service provided, the following reimbursement including, if applicable, a medical management fee as described in Regulation .15 of this chapter:

(a) (text unchanged)

(b) The reimbursement rate approved by the insurer plus the payment of the deductible and patient contribution amount by the Department for an eligible patient who has insurance, other than Medicare, that provides coverage for a certain procedure or service;

(c)—(d) (text unchanged)

(4)—(5) (text unchanged)

B. An eligible [medical] health care provider may be a certified nurse practitioner.

C.—E. (text unchanged)

.06 Nurse Anesthetist Services.

A. To be considered a participating nurse anesthetist in the Program, the provider shall:

(1)—(2) (text unchanged)

(3) Agree to accept, for each covered medical procedure performed or service provided, the following reimbursement including, if applicable, a medical management fee as described in Regulation .15 of this chapter:

(a) (text unchanged)

(b) The reimbursement rate approved by the insurer plus the payment of the deductible and the patient contribution amount by the Department for an eligible patient who has insurance, other than Medicare, that provides coverage for a certain procedure or service;

(c)—(d) (text unchanged)

(4)—(5) (text unchanged)

B. An eligible [medical] health care provider may be a certified nurse anesthetist.

C.—E. (text unchanged)

.07 Physical Therapy Services.

A. To be considered a participating physical therapist in the Program, the provider shall:

(1)—(3) (text unchanged)

(4) Agree to the medical and reporting requirements of the Program pursuant to Regulation [.04A(6), (10), and (11)] .04A(5), (9), and (10) of this chapter;

(5) Agree to accept, as payment in full, the amount paid by the Program pursuant to [§F] §E of this regulation plus the amount paid by the eligible patient’s health insurer, if applicable; and

(6) (text unchanged)

B.—G. (text unchanged)

.09 Hospital Services.

A.—B. (text unchanged)

C. Limitations. The limitations on coverage of some hospital inpatient and outpatient services contained in COMAR [10.09.06.05] 10.09.92.05 apply to this Program.

D.—F. (text unchanged)

G. Reimbursement Rates.

(1) A participating hospital located in Maryland shall be reimbursed by the Department:

(a) Pursuant to COMAR [10.09.06.09A(1), (2), (9), (10), and (12)] 10.09.92.07A(2)—(4) and B for an eligible patient who is uninsured or who has insurance that does not provide coverage for the reimbursed service;

(b) Pursuant to COMAR [10.09.06.10K and L] 10.09.92.07A(8) and (9) for an eligible patient who is covered by Medicare; or

(c) (text unchanged)

(2) A participating hospital located in a state bordering Maryland shall be reimbursed by the Department:

(a) Pursuant to [10.09.06.09A(1), (2), (9), (10), and (12)] COMAR 10.09.92.07B for an eligible patient who is uninsured or who has insurance that does not provide coverage for the reimbursed service;

(b) Pursuant to COMAR [10.09.06.10K and L] 10.09.92.07A(8) and (9) for an eligible patient who is covered by Medicare; or

(c) (text unchanged)

(3) A participating hospital located in the District of Columbia shall be reimbursed by the Department:

(a) Pursuant to COMAR [10.09.06.15] 10.09.92.08A and B for an eligible patient who is uninsured or who has insurance that does not provide coverage for the reimbursed service;

(b) Pursuant to [10.09.06.10K and L] COMAR 10.09.92.07A(8) and (9) for an eligible patient who is covered by Medicare; or

(c) (text unchanged)

H. (text unchanged)

.10 Disposable Medical Supplies and Durable Medical Equipment.

A. (text unchanged)

B. The Department shall reimburse for the following:

(1) (text unchanged)

(2) Eligible durable medical equipment for purchase or rental [pursuant to COMAR 10.09.12.04A(2)], including but not limited to:

(a)—(d) (text unchanged)

(e) Breast prosthesis, including surgical brassiere [with replacement of the prosthesis once every 3 years]; and

(f) (text unchanged)

C.—G. (text unchanged)

.12 Medical Laboratory Services.

A.—B. (text unchanged)

C. A non-reimbursed service includes but is not limited to the following:

(1) (text unchanged)

(2) A service for which there does not exist an order signed by a participating [medical] health care provider;

(3)—(6) (text unchanged)

D. Reimbursement Procedures. The participating medical laboratory is responsible for:

(1) (text unchanged)

(2) Keeping in the records, for each invoice, a copy of the signed orders from a participating [medical] health care provider requesting the service.

E.—F. (text unchanged)

.13 Freestanding Ambulatory Surgical Center Services.

A. To be considered a participating freestanding ambulatory surgical center in the Program, the provider shall:

(1)—(7) (text unchanged)

(8) Agree to the medical requirements of the Program pursuant to Regulation [.04A(8)—(11)] .04A(8)—(10) of this chapter.

B.—D. (text unchanged)

E. The Department shall pay the participating freestanding ambulatory surgical center for a reimbursed service:

(1) Pursuant to COMAR [10.09.42.06A—D-1] 10.09.42.06A, B, D, and E for an eligible patient who is uninsured or has insurance that does not provide coverage for the reimbursed service;

(2) Pursuant to COMAR [10.09.42.06F—L] 10.09.42.06F for an eligible patient who is covered by Medicare; or

(3) (text unchanged)

F. (text unchanged)

.14 Occupational Therapy Services.

A. To be considered a participating occupational therapist in the Program, the provider shall:

(1)—(3) (text unchanged)

(4) Agree to requirements of the Program set forth in Regulation [.04A(6), (10), and (11)] .04A(5), (9), and (10) of this chapter;

(5)—(6) (text unchanged)

B. The cost of an occupational therapist’s services are covered as set forth in COMAR [10.09.04.04B(1)] 10.09.04.04B(4).

C.—G. (text unchanged)

.15 Medical Management Fee.

A. A participating [medical] health care provider eligible to receive a medical management fee may be one of the following:

(1) (text unchanged)

(2) Certified nurse midwife;

[(2)] (3)[(8)] (9) (text unchanged)

(10) Physician assistant;

[(9)] (11)[(11)] (13)

[(12)] (14) Participating [medical] health care provider who renders services pursuant to §B of this regulation.

B. The Department shall reimburse a participating [medical] health care provider as outlined in §A of this regulation a medical management fee of $50 each time a reimbursed service:

(1) Is in compliance with the medical guidelines pursuant to Regulation [.04A(9)(a)—(f)] .04A(7)(a)—(f) of this chapter;

(2) Involves a consult with an oncologist pursuant to Regulation [.04A(9)(g) and (h)] .04A(7)(g) and (h) of this chapter;

(3) Is in compliance with the medical care management guidelines pursuant to Regulation [.04A(8)] .04A(6) of this chapter; or

(4) (text unchanged)

C. (text unchanged)

.16 Department, Local Health Department, Hospital, and [Medical] Health Care Provider Responsibilities.

A. The Department is responsible for the following:

(1) Developing the necessary administrative forms needed for the Program including, but not limited to, a:

(a)—(b) (text unchanged)

(c) Participating [medical] health care provider agreement form;

(2) Distributing the administrative forms to the following:

(a)—(b) (text unchanged)

(c) Certified nurse midwife;

[(c)] (d)[(k)] (l) (text unchanged)

(m) Physician assistant;

[(l)] (n)—[(m)] (o) (text unchanged)

(3) Providing upon request a list of participating [medical] health care providers to local health department coordinators and [medical] health care providers for referral of eligible patients;

(4) Updating the list of participating [medical] health care providers not less than once a year;

(5) (text unchanged)

(6) Reviewing and reimbursing a bill submitted by a participating physician assistant using the payment guidelines specified in Regulations .04-1 and .15 of this chapter;

(7) Reviewing and reimbursing a bill submitted by a participating certified nurse midwife using the payment guidelines specified in Regulations .04-2 and .15 of this chapter;

[(6)] (8)[(13)] (15) (text unchanged)

[(14)] (16) Receiving the application for an eligible patient from the local health department, hospital, or [medical] health care provider;

[(15)] (17)—[(19)] (21) (text unchanged)

[(20)] (22) Reviewing and reimbursing in accordance with Regulation .22 of this chapter a bill submitted by:

(a) (text unchanged)

(b) A participating [medical] health care provider; and

[(21)] (23) Ensuring compliance with the applicable regulations within this chapter by performing a periodic review of the records of a:

(a) (text unchanged)

(b) Participating [medical] health care provider.

B. The local health department, hospital, and a [medical] health care provider who refers a patient to the Program, are responsible for the following:

(1)—(5) (text unchanged)

(6) Assisting an eligible patient in selecting a participating [medical] health care provider and assisting in scheduling an appointment with the participating [medical] health care provider for the reimbursed medical procedure or service;

(7) (text unchanged)

(8) Providing an eligible patient with a copy of a temporary referral letter, identifying the patient as a participant in the Program, to be given to the participating [medical] health care provider until the card is issued to the eligible patient by the Department;

(9) (text unchanged)

(10) Evaluating patient progress through follow-up contact with the patient and the participating [medical] health care provider.

C. If an additional diagnostic or treatment procedure is necessary, the local health department, hospital, or [medical] health care provider who determines patient eligibility and refers an eligible patient to the Program shall repeat the procedure as set forth in §B(6) of this regulation.

D. The local health department, hospital, or other [medical] health care provider who determines patient eligibility and refers an eligible patient to the Program shall document in the patient’s medical record the result of the reimbursed diagnostic and treatment procedure performed.

.17 Reimbursement.

A. The Department shall reimburse a participating [medical] health care provider only for a medical service or procedure related to the diagnosis and treatment of breast cancer, cervical cancer, or a precancerous cervical lesion for an eligible patient.

B. The Department shall reimburse a participating [medical] health care provider a medical management fee pursuant to Regulation .15 of this chapter.

C. The participating [medical] health care provider shall reimburse the Department for an overpayment.

D. Insurance or Other Coverage.

(1) If the patient has insurance or other coverage, the participating [medical] health care provider shall first seek payment from that source.

(2) The provider shall submit a copy of the insurance carrier’s notice or remittance advice with the invoice.

(3) If the insurance carrier provides coverage for a reimbursable procedure or service, the Department shall pay the deductible and patient contribution amount.

[(2)] (4) If an insurance carrier rejects the claim or pays less than the amount of the allowed Medical Assistance Program rate, the provider may submit a claim to the Department.

[(3) The provider shall submit a copy of the insurance carrier’s notice or remittance advice with the invoice.]

[(4)] (5)—[(5)] (6) (text unchanged)

E. (text unchanged)

.18 Liability.

Responsibility for liability for services provided, and for the availability of appropriate insurance coverage, rests with the participating [medical] health care provider.

.19 Termination from the Program.

A. If the Department determines that a participating [medical] health care provider has failed to comply with the applicable regulations of this chapter, the Department may terminate the written agreement with the provider by giving 30 days notice in writing to the participating [medical] health care provider.

B. The participating [medical] health care provider may terminate the provider agreement with the Department by:

(1)—(2) (text unchanged)

.20 Appeal Procedures.

A. A provider filing an appeal of the Department’s decision to terminate the provider’s agreement with the Program shall do so according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland[, and Health-General Article, §§2-201—2-207, Annotated Code of Maryland].

B. (text unchanged)

.21 Billing and Reimbursement Time Limitations.

A. (text unchanged)

B. To obtain reimbursement from the Program, a [medical] health care provider that originally submits a claim to Medicare or another health insurer shall also submit the claim to the Program within a period whereby the Program receives the claim within the latter of:

(1)—(2) (text unchanged)

C. The Program shall pay a claim that is originally rejected for payment due to improper completion or incomplete information only if:

(1) The [medical] health care provider properly completes and resubmits the claim to the Program; and

(2) (text unchanged)

D. When the Program initially rejects a claim for payment in error, the Program shall pay the claim if the participating [medical] health care provider resubmits the claim and the resubmitted claim is received by the Program within the same period specified in §C of this regulation.

.22 Maryland Health Insurance Plan Coverage.

A. In lieu of providing direct reimbursement to participating [medical] health care providers, the Program may pay MHIP, if available, to provide health coverage for individuals enrolled in the Program who are also eligible for MHIP.

B.—C. (text unchanged)

D. Fees Reimbursable to Participating Providers.

(1) The Program may reimburse participating [medical] health care providers for a bill the provider submits to the Department for patient contribution amounts and deductibles for services directly related to the treatment of breast and cervical cancer for individuals enrolled in MHIP through the Program, if funding is available for the payment of patient contribution amounts and deductibles under this section.

(2) (text unchanged)

(3) If MHIP does not provide coverage for a service covered by this chapter, the Program shall reimburse the participating [medical] health care provider as otherwise provided by this chapter.

(4) To obtain reimbursement, the participating [medical] health care provider shall submit to the Program:

(a)—(b) (text unchanged)

E. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Notice of Proposed Action

[19-210-P]

The Secretary of Health proposes to amend:

(1) Regulation .04 under COMAR 10.29.02 Examination;

(2) Regulation .05 under COMAR 10.29.05 Continuing Education;

(3) Regulations .03 and .04 under COMAR 10.29.09 Requirements for Apprenticeship;

(4) Regulation .04 under COMAR 10.29.17 Crematories — Permit, Licensing, and Fees; and

(5) Regulation .02 under COMAR 10.29.18 Crematories — Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties.

This action was considered by the Board of Morticians and Funeral Directors at a public meeting held on June 12, 2019, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bom/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Amend and codify existing examination requirements;

(2) Remove obsolete and redundant language as well as the restriction for in-person continuing education courses;

(3) Amend and codify the existing apprenticeship requirements for the number of funeral directions and embalmings required;

(4) Provide an alternate pathway for cremator operator training by a supervising mortician with 3 years experience; and

(5) Amend language for inspections by the Board for clarifying purposes.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

10.29.02 Examination

Authority: Health Occupations Article, §7-304, Annotated Code of Maryland

.04 Passing Score.

A. A minimum passing grade of [75] 70 percent is required on the[:

(1) Law] law examination[;

(2) Practical examination].

B. The practical examination shall be:

(1) Administered by the licensed Board members; and

(2) Graded based on a pass or fail score.

[B.] C.[C.] D. (text unchanged)

[D.] E. The Board shall notify each applicant by mail of the results of the examination within [45] 30 days after it is taken. Numerical scores may not be given out unless requested in writing by the applicant.

 

10.29.05 Continuing Education

Authority: Health Occupations Article, §§7-205 and 7-314(c)(4), Annotated Code of Maryland

.05 Continuing Education Requirements.

A. (text unchanged)

[B. The morticians, funeral directors, and surviving spouses may begin to accumulate CEUs beginning May 1, 1994 for the renewal period of April 1996 for morticians and November 1997 for funeral directors and surviving spouses.]

[C.] B. (text unchanged)

[D.] C. CEUs may be obtained by attending and participating in continuing education courses or workshops previously approved by the Board or otherwise meeting the requirements and [approved by] approval of the Board.

[E.] D. (text unchanged)

[F.] E. The Board shall waive continuing education requirements for individuals newly licensed [for the first-time renewal of a license].

[G. Except as allowed by the Board, a licensee may not receive credit exceeding nine CEUs of the biennial total required:

(1) For correspondence work;

(2) For video, sound-recorded, or television programs; or

(3) By information transmitted by other similar means as authorized by the Board.]

[H.] F.—[M.] K. (text unchanged)

 

10.29.09 Requirements for Apprenticeship

Authority: Health Occupations Article, §§7-101, 7-205, 7-305, and 7-306, Annotated Code of Maryland

.03 Requirements of Apprenticeship.

A. To meet the apprentice requirements set forth in Health Occupations Article, §7-306, Annotated Code of Maryland, an applicant for a mortician’s or funeral director’s license shall be [employed]:

(1) Employed in the same Maryland establishment as the applicant’s sponsor or the sponsor’s delegate; and

(2) [serve] Serve under the direct supervision of the applicant’s sponsor or the sponsor’s delegate.

[B. Applicants shall meet the educational requirements set forth in Health Occupations Article, §7-306, Annotated Code of Maryland, provided that the required two-thirds of the academic credits include successful completion of:

(1) Embalming theory;

(2) The embalming practical experience; and

(3) An Occupational Safety and Health Administration (OSHA) course.]

[C.] B. Applicants shall obtain practical experience in funeral service arrangements, including:

(1) [24] 20 funeral directions, including at least four of each of the following:

(a)—(d) (text unchanged)

(2) (text unchanged)

[D.] C. An applicant for a mortician’s license shall obtain practical experience in funeral service arrangements consisting of:

(1) Participation in the activities outlined in [§C] §B of this regulation; and

(2) [25] 20 embalmings under the direct supervision of the sponsor or the sponsor’s delegate.

.04 Documentation.

A. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a mortician’s license:

(1) (text unchanged)

(2) On the mortician application form provided by the Board, evidence of participation in:

(a) [25] 20 embalming assists with corresponding copies of the filed death certificates for the embalmed human remains; and

(b) [24] 20 funeral direction assists, as specified in Regulation [.03C(1)] .03B(1) of this chapter, with a corresponding published notice of the service for each of the at least [24] 20 decedents and a copy of the filed death certificate;

(3) (text unchanged)

(4) Embalming reports signed by the apprentice and apprentice sponsor to document the apprentice’s participation in [25] 20 embalmings; and

(5) (text unchanged)

B. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a funeral director’s license:

(1)—(2) (text unchanged)

(3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of:

(a) [24] 20 funeral directions, including at least four of each of the following:

(i)—(iv) (text unchanged)

(b) (text unchanged)

 

10.29.17 Crematories — Permit, Licensing, and Fees

Authority: Health Occupations Article, §§1-213, 7-101, 7-102, 7-205,
7-314—7-316, and 7-319, Annotated Code of Maryland

.04 Requirements for Registration of a Registered Crematory Operator.

A. (text unchanged)

B. An individual shall:

(1)—(5) (text unchanged)

(6) In the crematory with which the applicant is affiliated:

(a) Successfully complete the operator training course of the manufacturer of the cremator [located in the crematory with which the applicant is affiliated]; or

(b) Provide a notarized letter by the supervising crematory operator for which the individual is employed indicating the completion of training on the cremator; and

(7) (text unchanged)

C. To qualify as a trainer, the supervising mortician shall have a minimum of 3 years experience on the associated cremator.

 

10.29.18 Crematories — Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties

Authority: Health Occupations Article, §§7-101, 7-102, 7-205, 7-316, 7-317, 7-319, and 7-406, Annotated Code of Maryland

.02 Inspection by the Board.

A.—C. (text unchanged)

D. A crematory shall maintain the following minimum standards:

(1)—(5) (text unchanged)

(6) There may not be:

(a) Co-mingling of cremated human [cremated human] remains with other human or pet cremated [human] remains;

(b)—(c) (text unchanged)

(7)—(14) (text unchanged)

(15) [Within 6 months of the effective date of these regulations, cremators] Cremators without safety devices that prevent the automatic door from dropping prematurely shall be retrofitted with such safety devices;

(16)—(21) (text unchanged)

E.—I. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

10.29.03 Inspection of Funeral Establishments [and Funeral Service Businesses]

Authority: Health Occupations Article, §§7-101, 7-205, and 7-310, Annotated Code of Maryland

Notice of Proposed Action

[19-209-P]

The Secretary of Health proposes to amend Regulations .01—.05, repeal existing Regulations .06 and .07, and amend and
recodify existing Regulation .08 to be Regulation .06 under COMAR 10.29.03 Inspection of Funeral Establishments. This action was considered by the Board of Morticians and Funeral Directors at a public meeting held on July 10, 2019, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bom/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Update and clarify best practices to align with industry standards within the profession; and

(2) Repeal all provisions referring to inspections of funeral service businesses because these businesses no longer exist in Maryland and the language is obsolete.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

.01 Scope.

The purpose and intent of this chapter is to prescribe minimum standards for new and existing funeral establishments, renovations of existing funeral establishments, and change of ownership of funeral establishments where the practice of mortuary science or funeral direction is conducted.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Funeral director” means an individual who is licensed by the Board to practice all aspects of mortuary science, except for embalming.

[(3)] (4) “Funeral establishment” means any building, structure, or premises licensed by the Board, with facilities for:

(a) Embalming or holding [a dead] of human [body] remains for disposition;

(b) Viewing of the [body] human remains; and

(c) (text unchanged)

[(4) “Funeral service business” means a business owned or co-owned by a licensed mortician or funeral director involving the practice of mortuary science or funeral direction by a licensed mortician or funeral director.]

(5) “Holding room” means a room which is:

(a) Used [exclusively] for the holding of [dead] human [bodies] remains if arterial embalming is not a function of the funeral [home] establishment; and

(b) Distinct from the viewing room, chapel, or any other part of a funeral [home] establishment.

(6) “Inspection” means a survey of a funeral establishment by an [investigator] inspector designated by the Board to ensure compliance with this chapter.

(7) “Mortician” means an individual who is licensed by the Board to practice mortuary science.

[(6-1)] (8) (text unchanged)

[(7)] (9) Practice Funeral Direction.

(a) “Practice funeral direction” means to:

(i) [To operate] Operate a funeral establishment; [and]

(ii) Prepare human remains for disposition and compensation; or

[(ii)] (iii) [To arrange] Arrange for or make final disposition of [a dead] human [body] remains for compensation.

(b) “Practice funeral direction” does not include[, for compensation]:

(i) Disinfecting or preserving [a dead] human [body] remains or [a dead human body’s] any of its parts by arterial or cavity injection or any other type of preservation for compensation; [or]

(ii) Otherwise preparing [a dead] human [body] remains for disposition[.]; or

(iii) The business of operating a crematory.

[(8)] (10) [“Practice mortuary science” means:] Practice Mortuary Science.

(a) [To operate a funeral establishment;] “Practice mortuary science” means:

(i) The practice of funeral direction; and

[(b) For compensation, to prepare a dead human body for disposition, including disinfecting]

(ii) Disinfecting or preserving [a dead] human [body] remains or [a dead human body’s] any of its parts by arterial or cavity injection[; and

(c) For compensation, to arrange for or make final disposition of a dead human body].

(b) “Practice mortuary science” does not include:

(i) The pickup, removal, or transportation of human remains, if an unlicensed individual is acting under the direction of a licensed mortician or funeral director; or

(ii) The business of operating a crematory.

[(9)] (11) (text unchanged)

[(10)] (12) “Preparation room” means an area with a minimum of 120 square feet which is used exclusively [to prepare dead human bodies for final disposition if arterial or cavity injection is a function of the funeral home establishment, and] for the practice of mortuary science, which is separate and distinct from the viewing room, chapel, or any other part of a funeral establishment.

[(11)] (13) “Supervising funeral director” means a funeral director who is responsible to the Board for compliance with [the Maryland Morticians Act] Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

[(12)] (14) “Supervising mortician” means a mortician who is responsible to the Board for compliance with [the Maryland Morticians Act] Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

[(13)] (15) “Viewing room” means an area in which [a dead] human [body is] remains are placed on display and which is a separate and distinct area from the preparation and holding room.

.03 License Required for Funeral Establishment.

A. The Board shall license a funeral establishment before the funeral establishment may be used for the practice of mortuary science.

B. The Board shall issue a funeral establishment license to a funeral establishment that has:

(1) [Has complied] Complied with all applicable federal, State, and local laws;

(2) [Has submitted] Submitted an application to the Board on the required form [at least 60 days before the opening of the business];

(3) [Has paid] Paid the application fee and, when applicable, the family security trust fund fee; and

(4) [Operates] Operated in accordance with Health Occupations Article, Title 7, Annotated Code of Maryland.

C.—D. (text unchanged)

E. Upon a sale or change in ownership of the funeral establishment, the new owner shall [request]:

(1) Notify the Board within 14 days; and

(2) Request a new license [which shall be submitted] by submitting an application to the Board in writing with supporting documentation reflecting the sale or change of ownership.

F. The Board shall issue a new funeral establishment license reflecting the sale or change in ownership if:

(1) The [Board approves the submitted] applicant submits the required documentation to the Board; and

(2) An inspection of the funeral establishment results in a finding that the funeral establishment is in compliance with all applicable federal, State, and local laws.

G. A license, and the licenses of individual licensees employed at the funeral establishment, shall be displayed prominently at the premises.

H. The funeral establishment:

(1) Shall employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be [continuously responsible] in compliance with Health Occupations Article, Title 7, Annotated Code of Maryland;

(2) Shall prominently display on a sign, not smaller than [5] 8 and 1/2 inches by 11 inches, immediately located either [immediately] outside or [immediately] inside the main entrance, in letters not less than [1-inch] one-half inch high, the [following information] names of:

(a) [The names of each] Each licensee who holds at least a 10 percent ownership interest in the partnership, professional association, or sole proprietorship which operates the funeral establishment;

(b) [The names of any] Any individual, [corporations] corporation, or other business [entities] entity, which either directly or indirectly [hold] holds an ownership interest of 10 percent or more in the corporation or business entity that operates the funeral establishment; and

(c) [The names of all] All restricted funeral establishments operating from that funeral home.

(3)—(4) (text unchanged)

(5) Shall notify the Board, on a form provided by the Board, of [a] any change of supervising mortician or supervising funeral director within 10 days [of any change];

(6) (text unchanged)

(7) Shall [either:

(a) Ensure] ensure that medical waste is picked up by a licensed medical waste disposer not less [often] than every 60 days from the date generated[; or

(b) Develop a written plan to submit for approval by the Board that outlines specific procedures for disposal of medical waste not later than 60 days from the date generated, in accordance with methods] as outlined in COMAR 10.06.06.

.04 Inspection by the Board [of Morticians].

A. (text unchanged)

B. Each funeral establishment shall be inspected:

(1)—(2) (text unchanged)

(3) Upon the sale or change of ownership of the funeral establishment.

C. (text unchanged)

D. The following forms shall be available for inspection, with a copy given to the inspector for the inspector’s records:

(1)—(3) (text unchanged)

(4) A price list of outer burial containers, as charged to the public;

(5) (text unchanged)

(6) A preneed contract form along with a bank statement form, for verification of an escrow or trust account, and, if provided, an insurance statement;

(7) (text unchanged)

(8) An authorization to release the body to the funeral establishment.

E. Standards for Inspection of Licensed Funeral Establishments.

(1) Preparation Room. If arterial or cavity injection will take place at [the] a funeral establishment, the funeral establishment shall maintain on the premises a preparation room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of [dead] human [bodies] remains. The minimal requirements [are] shall be as follows:

(a)—(f) (text unchanged)

(g) If a refrigeration unit is on the premises, [the refrigeration unit] it shall be clean, sanitary, and in good working condition.

(2) Holding Room. If arterial or cavity injection will not take place at [the] a funeral establishment, the funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of [dead] human [bodies] remains which shall be kept in a clean and sanitary manner [and used exclusively for the holding and storage of dead human bodies]. The minimal requirements for the holding room shall be as follows:

(a)—(f) (text unchanged)

(3) (text unchanged)

(4) Water Supply.

(a) Each funeral establishment shall have hot and cold running water.

(b) (text unchanged)

(c) Floor drainage is [not] required in the [holding] preparation room of a funeral establishment where [emblaming does not take] embalming takes place.

(5)—(6) (text unchanged)

(7) Removal Vehicle. The removal vehicle shall be suitable for the transportation of [dead] human remains [with remains] obscured from public view and maintained in a sanitary manner.

(8) Funeral Service Establishment Premises.

(a) The remaining areas of the funeral establishment shall be in good repair, [and] clean, and safe.

(b) If [the] a funeral establishment has a memorial gathering area, it shall be [in]:

(i) In good repair [and clean];

(ii) Clean; and [if that area is built or renovated, or the establishment is acquired that memorial room shall be at]

(iii) At least 300 square feet in area.

(c) If a funeral establishment [has a casket display room] displays any form of casket selection, the prices shall also be [displayed on the casket or caskets] shown.

(d) The inspection shall assess the general cleanliness of the funeral establishment and whether there are properly functioning, sanitary restrooms.

(e) The business telephone shall be in working order at the funeral establishment.

(f) A sign or lettering on the windows or building indicating the name of the funeral establishment shall be conspicuously displayed and the name on the sign shall be the same name on the funeral establishment license.

(g) If one or more businesses, in addition to a funeral establishment, are [under one roof] operating on the same premises, a separate sign shall indicate the entrance and exit of the funeral establishment.

F. After the inspection is completed, an exit interview shall be conducted to apprise the owner or supervising mortician of the findings of the inspection. A copy of the inspection report shall be left with the owner or supervising mortician who shall verify receipt of the inspection report.

.05 Establishment Inspection Report and Deficiencies.

A. (text unchanged)

B. The Board shall notify the funeral establishment in writing of the results of the inspection.

C. If [a] the funeral establishment licensee passes [an] the inspection, the licensee shall prominently display on the premises a statement issued by the Board that the funeral establishment has successfully passed [an] the inspection.

D. (text unchanged)

E. Correction of Deficiency.

(1) (text unchanged)

(2) The Board may require immediate correction of a deficiency if the Board considers the correction necessary [in] to the interest of public health.

(3)—(5) (text unchanged)

(6) Upon notification, the Board or its designee shall [reinspect] re-inspect the funeral establishment and the Board shall notify the owner in writing of the results of the [reinspection] re-inspection within 1 week.

(7) If [reinspection] re-inspection reveals additional deficiencies not cited in the first inspection report, the owner shall correct those deficiencies in the time period specified [by the inspection agency] unless an extension of time is requested by the owner and approved by the Board [for correction of the additional deficiencies].

[.08] .06 Penalties.

A. Failure to allow an inspection of the funeral establishment or funeral service business shall result in an immediate suspension of an establishment license or in the case of a funeral service business, the licensee’s license, subject to a subsequent opportunity for a hearing under Health Occupations Article, §7-319, Annotated Code of Maryland.

B. Failure to comply with a notice to correct deficiencies or violations within the 30-day period, or any reasonable extension granted by the Board [in] under Regulation .05E [or .07C] of this chapter, shall result in an immediate suspension of [an] a funeral establishment license or in the case of a funeral service business, the licensee’s license, or the denial of a renewal of [an] a funeral establishment license, subject to a subsequent opportunity for a hearing as set forth under Health Occupations Article, §7-319, Annotated Code of Maryland.

C. Disciplinary action may not be taken against a supervising mortician or funeral director for the acts or omissions of another unless the supervising mortician or funeral director knew or should have known of a violation of [the Maryland Morticians Act]:

(1) Health-General Article, Title 5, Annotated Code of Maryland; or

(2) Health Occupations Article, Title 7, Annotated Code of Maryland.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and [Radiologist Assistants] Radiation Therapists

Authority: Health Occupations Article, §§1-213, 1-606, 14-306, 14-5B-03, 14-5B-21, Annotated Code of Maryland

Notice of Proposed Action

[19-215-P]

The Secretary of Health proposes to amend Regulations .02 and .10 under COMAR 10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiation Therapists. This action was considered by the Maryland Board of Physicians at a public meeting on April 24, 2019, notice of which was provided by posting on the Board’s website https://www.mbp.state.md.us/default.aspx from April 9, 2019 through April 24, 2019, pursuant to the General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Add and revise definitions;

(2) Revise the scope of practice section to more accurately reflect current national requirements; and

(3) More expeditiously facilitate the nuclear medicine technologist licensure process.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchannged)

(5) “Computed tomography (CT)” means the use of a machine that produces ionizing radiation to obtain cross-sectional images.

[(5)] (6) Direct Supervision.

(a) “Direct supervision” means supervision [of a holder of a temporary license] by a [licensee or] licensed physician who is:

[(a)] (i) In the physical presence of the [holder of a temporary license] licensee and a patient; and

[(b)] (ii) Observing and directing the [holder of a temporary license] licensee as the [holder of a temporary license] licensee performs a procedure.

(b) “Direct supervision” includes, for purposes of meeting the examination eligibility requirements set out in Regulation .10B of this chapter, supervision by a:

(i) Licensed nuclear medicine technologist with the post-primary computed tomography (CT) credential;

(ii) Licensed radiographer with the post-primary CT credential; or

(iii) Licensed radiologist.

(7) “Hybrid nuclear medicine/CT device” means a machine that combines two distinct imaging modalities.

[(6)] (8)[(13)] (15) (text unchanged)

(16) “Post–primary computed tomography (CT) credential” means passing a specialty examination by the ARRT or the NMTCB to establish competency in performing computed tomography.

[(14)] (17)[(22)] (25) (text unchanged)

.10 Scope of Practice — Nuclear Medicine Technology.

A. The scope of practice of nuclear medicine technology includes the following:

(1)—(4) (text unchanged)

[(6)] (5) Operation of a [CT/Nuclear Medicine Device] hybrid nuclear medicine/CT device for a nondiagnostic attenuation correction CT without intravenous contrast [if the nuclear medicine technologist has:

(a) Completed a cross-sectional anatomy class which was part of an approved school’s curriculum or consisted of at least 3 continuing education credit hours; and

(b) Performed at least 10 routine head, 20 chest, 10 abdomen, and 10 additional studies of the abdomen or portions of the abdomen]; and

[(5)] (6) Performing any other duties that the Board determines may be performed by a nuclear medicine technologist[;].

[(7) Operation of a CT/Nuclear Medicine Device for a diagnostic CT or nondiagnostic attenuation correction CT with or without intravenous contrast if the nuclear medicine technologist:

(a) Has successfully passed the ARRT or NMTCB specialty exam for CT;

(b) Has performed 20 contrasted CT exams that are documented using a form provided by the Board;

(c) Has submitted documentation to the Board and received an approval letter to operate the CT/Nuclear Medicine Device from the Board; and]

B. The scope of practice of a nuclear medicine technologist includes operation of a standalone CT or hybrid nuclear medicine/CT device for a diagnostic CT with or without intravenous contrast if the nuclear medicine technologist:

(1) Has successfully passed the ARRT or NMTCB specialty exam for CT; and

[(d)] (2) (text unchanged)

[B. A nuclear medicine technologist may not ocfperate a freestanding CT unit.]

C. In order to meet the eligibility requirements to sit for the ARRT or the NMTCB post-primary CT examination, a licensed nuclear medicine technologist may perform all procedures involving diagnostic CT with or without intravenous contrast only under the direct supervision of a:

(1) Licensed nuclear medicine technologist with the post-primary CT credential;

(2) Licensed radiographer with the post-primary CT credential; or

(3) Licensed radiologist.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 43 BOARD OF CHIROPRACTIC EXAMINERS

Notice of Proposed Action

[19-216-P]

The Secretary of Health proposes to:

(1) Amend Regulation .01, recodify existing Regulations .02, .06, and .11—.14 to be Regulations .04, .12, and .15—.18, respectively, amend and recodify existing Regulations .03, .04, .05, .07, .08, .09, and .10 to be Regulations .05, .06, .02, .03, .07, .08, and .09, respectively, and adopt new Regulations .10, .11, .13, and .14 under COMAR 10.43.07 Chiropractic Assistants;

(2) Amend Regulation .06 under COMAR 10.43.13 Code of Ethics; and

(3) Amend Regulations .03 and .04 under COMAR 10.43.14 Record Keeping.

This action was considered by the Board of Chiropractic Examiners at a public meeting on February 14, 2019, notice of which was given by publication on the Board’s website at https://health.maryland.gov/chiropractic/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Define and establish parameters for indirect supervision of chiropractic assistants;

(2) Update qualifications and training requirements for chiropractic applicants and assistants;

(3) Add clarifying language for supervision;

(4) Update certain definitions;

(5) Reorganize existing regulations;

(6) Add regulations to outline procedures for inactive status and nonrenewed status; and

(7) Add clarifying language regarding patient consent.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

10.43.07 Chiropractic Assistants

Authority: Health Occupations Article, §§3-205, 3-302.1, and 3-404, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Applicant” means a person who is [undergoing]:

(a) Undergoing training to become a chiropractic assistant[.]; or

(b) Applying to the Board for registration as a chiropractic assistant.

(2) “Board” means the Maryland Board of Chiropractic Examiners.

(3) (text unchanged)

(4) “Chiropractic assistant program” means a structured 1-year program of clinical chiropractic training under a Board-licensed supervising chiropractor in order to qualify and apply for a registration as a Maryland registered chiropractic assistant.

[(4)] (5) “Direct supervision” means supervision provided by a supervising chiropractor who is personally present and immediately available in the area where the procedures are performed to give aid, direction, and instruction when certain procedures or activities are performed by a chiropractic applicant or assistant.

(6) “Established patient” means an individual who has received professional services from a practicing supervising chiropractor who belongs to the same group practice in the past 3 years.

(7) “Inactive status” means the period of time that a registration is on hold.

(8) “Indirect supervision” means supervision by a supervising chiropractor that is provided by a phone call or text to give aid, direction, and instructions when certain activities, as set forth under Regulation .10 of this chapter, are performed by a chiropractic assistant.

(9) “Practice day” means the hours of physical practice with a patient, excluding the office’s designated lunch or exclusive administrative time.

[(5)] (10) (text unchanged)

[.05] .02 Chiropractic Applicant or Assistant Qualifications and Training.

A. At the time of application [for hire and] on the Request to Employ form for training, an applicant shall:

(1)—(4) (text unchanged)

(5) Be enrolled in a Board-approved Cardiopulmonary Resuscitation (CPR) class within 4 months of the commencement of the chiropractic assistant training or be currently CPR certified;

(6)—(7) (text unchanged)

B. An applicant who otherwise qualifies for being employed within the 1-year chiropractic assistant training program shall:

(1) Complete the profile portion of the application;

(2) Provide the supervising chiropractor with:

(a) The requested documentation;

(b) A diploma or transcripts;

(c) A valid State picture identification; and

(d) An authorization to work in the U.S. for the application documentation, if applicable; and

(3) Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with Health Occupations Article, §3-302.1, Annotated Code of Maryland.

[B.] C.[C.] D. (text unchanged)

[D.] E. Within 120 days of the date of hire, the applicant shall:

(1)—(2) (text unchanged)

(3) Submit proof of completion of both requirements in a timely manner on the form provided by the Board.

[E.] F.—[F.] G. (text unchanged)

[G.] H. Failure to meet the requirements of [§§D and E] §§E and F of this regulation shall result in immediate suspension from the applicant training program.

[.07] .03 Chiropractic Assistant Examinations and Application for Registration.

A.—B. (text unchanged)

C. The applicant shall:

(1) Pay to the Board [an examination fee] as set forth in COMAR 10.43.06[;]:

(a) A nonrefundable application fee; and

(b) An examination fee;

(2) Submit all fees, transcripts, and application documentation postmarked [not] no later than [45] 30 days before the examination date; and

(3) (text unchanged)

D. The Board shall:

(1) Give examinations to applicants at least twice a year, at the times and places that the Board determines;

(2)—(3) (text unchanged)

E. (text unchanged)

F. The Board may not issue a [license or] registration if the criminal history records information required under §C(3) of this regulation has not been received.

[.03] .05 Responsibilities of the Supervising Chiropractor.

The supervising chiropractor shall:

A.—B. (text unchanged)

C. Maintain accurate, legible, and comprehensive records of all clinical training provided to the chiropractic applicant or assistant, including, but not limited to:

(1) Dates and times and duration of training as described in Regulation [.05] .02 of this chapter;

(2)—(4) (text unchanged)

D. Follow indirect supervision procedures set forth under Regulation .10 of this chapter;

[D.] E. Immediately produce the records described in §C of this regulation and Regulation .10D(1) of this chapter upon request or audit by the Board;

[E.] F.[J.] K. (text unchanged)

[.04] .06 Supervising Chiropractor Prohibited Acts.

A. The supervising chiropractor may not:

(1) (text unchanged)

(2) Leave the treatment area [when]:

(a) [Treating] When treating a patient; [or]

(b) [A] When a chiropractic applicant [or assistant] is treating a patient; or

(c) During a chiropractic applicant’s 20-hour observation period;

(3) Permit a chiropractic applicant [or assistant] to treat a patient without the presence of the supervising chiropractor in the treatment area[.]; or

(4) Be unavailable by phone call or text when a chiropractic assistant is treating an established patient with an established treatment program as set forth under Regulation .10B of this chapter.

B. (text unchanged)

[.08] .07 Activities That May Be Performed by Chiropractic Applicants [and] or Assistants Without Direct Supervision.

[Only a] A chiropractic applicant or assistant may perform the following activities without the direct supervision of a supervising chiropractor:

A.—F. (text unchanged)

[.09] .08 Activities That May Be Performed by Chiropractic Applicants and Assistants Under Direct Supervision of a Supervising Chiropractor.

A chiropractic applicant or assistant may perform the following activities [only] under the direct supervision of a supervising chiropractor who is in the treatment area:

A.—Q. (text unchanged)

[.10] .09 Chiropractic Applicant or Assistant Prohibited Acts.

A chiropractic applicant or assistant may not engage in any of the following activities:

A.—B. (text unchanged)

[C. Take x-rays or position patients for x-rays;]

[D.] C.[F.] E. (text unchanged)

.10 Indirect Supervision.

A. Indirect supervision may only be provided by a supervising chiropractor to a registered chiropractic assistant who is treating an established patient.

B. A chiropractic assistant may perform the following activities under the indirect supervision of a supervising chiropractor to an established patient with an established treatment program for not more than 10 percent of the treatment time in a given 30 days, without exceeding 3 consecutive days in a given week:

(1) Functional activities of daily living and hygiene;

(2) Gait practice, ambulation, administration, and observation of therapeutic exercises as prescribed by a supervising chiropractor;

(3) Assist in moving a patient within the treatment area;

(4) Contrast baths;

(5) Hot and cold packs;

(6) Hubbard tank;

(7) Infrared, ultraviolet irradiation, nonlaser light therapy, and nonablative therapeutic laser;

(8) Muscle stimulation;

(9) Electrotherapy;

(10) Paraffin baths;

(11) Traction therapy;

(12) Ultrasound;

(13) Whirlpool;

(14) Diathermy;

(15) Therapeutic massage, if licensed under Health Occupations Article, Title 6, Annotated Code of Maryland; and

(16) Mechanical or computerized examination procedures for the sole purpose of collecting data subject to the following conditions:

(a) All data will later be used and interpreted by the chiropractor to form a diagnosis and treatment plan; and

(b) No test may be performed that requires diagnosis or interpretation as part of the data collecting or testing procedure.

C. A chiropractic assistant who participates in indirect supervision shall be:

(1) In good standing with the Board; and

(2) Trained and proficient in the office’s indirect supervision protocol, which includes:

(a) Informed consent to the patient; and

(b) Immediate access to the supervising chiropractor.

D. The supervising chiropractor shall:

(1) Prior to the implementation of indirect supervision, establish and make readily available an:

(a) Emergency procedures protocol; and

(b) Indirect supervision protocol;

(2) Maintain a log of indirect supervision treatment, which includes:

(a) Patient’s name or identification information; and

(b) Treatment:

(i) Date;

(ii) Time initiated;

(iii) Duration; and

(iv) Procedure or activity provided; and

(3) Review or update, or both, indirect supervision orders every 30 days.

E. An indirect supervision protocol shall be listed on the office’s:

(1) Consent to treatment form signed by the patient; or

(2) Informed consent protocol.

.11 Chiropractic Assistant — Radiology.

A. A chiropractic assistant may perform the duties of a chiropractic radiologic technologist only as directed by a supervising chiropractor.

B. A chiropractic assistant may not:

(1) Provide oral or written diagnosis; or

(2) Work independently.

C. A chiropractic assistant may perform x-rays only after the completion of:

(1) 60 hours of didactic training in a Board-approved course of instruction that includes:

(a) Radiation physics;

(b) Radiation biology;

(c) Radiation protection;

(d) Imaging principles in radiation exposure;

(e) Patient preparation and positioning;

(f) Human anatomy and physiology; and

(g) Emergency procedures; and

(2) 30 x-ray studies under the direct supervision of a supervising chiropractor that include:

(a) 10 cervical series which include the following views:

(i) Anterior to posterior;

(ii) Lateral;

(iii) Anterior to posterior open mouth;

(iv) Flexion;

(v) Extension; and

(vi) Oblique;

(b) 10 thoracic series which include the following views:

(i) Anterior to posterior;

(ii) Lateral;

(iii) Flexion; and

(iv) Extension; and

(c) 10 lumbar series which include the following views:

(i) Anterior to posterior;

(ii) Lateral;

(iii) Flexion; and

(iv) Extension.

.13 Inactive Status.

A. The Board shall place a registration holder on inactive status if the registration holder submits to the Board the:

(1) Completed application for inactive status on the form provided by the Board; and

(2) Biennial fee for inactive status as specified in COMAR 10.43.06.

B. The registration holder on inactive status:

(1) Is not entitled to practice chiropractic until the registration is reactivated; and

(2) May reactivate the registration at any time if the:

(a) Application for reactivation is completed; and

(b) Reactivation fee is paid as set forth in COMAR 10.43.06.

.14 Nonrenewed Status.

A. The Board shall place a registration holder in a nonrenewed status if the registration holder fails to complete an application for:

(1) Registration renewal during the biennial cycle; or

(2) Inactive status during the renewal cycle.

B. The registration holder may reinstate a nonrenewed status for registration within 5 years of the expiration date of the last active registration.

C. If the expired registration holder is on nonrenewed status for more than 5 years, the holder shall:

(1) Reapply; and

(2) Meet all of the requirements set forth in this chapter.

 

10.43.13 Code of Ethics

Authority: Health Occupations Article, §§1-212, 3-205, and 3-313, Annotated Code of Maryland

.06 Records, Confidentiality, and Informed Consent.

A chiropractor shall:

A. (text unchanged)

B. Disclose the patient’s records or information about the patient only:

(1) In accordance with the [patient’s] consent to treatment form signed by the:

(a) Patient; or

(b) Parent or guardian of a minor patient or incompetent patient; or [as]

(2) As required by law[;].

C.—G. (text unchanged)

 

10.43.14 Record Keeping

Authority: Health Occupations Article, §3-205, Annotated Code of Maryland

.03 Record Keeping.

A.—B. (text unchanged)

C. The Patient Record.

(1)—(2) (text unchanged)

(3) The chiropractor shall include the following information in the patient record:

(a)—(j) (text unchanged)

(k) The signed consent to treatment form of the [patient]:

(i) Patient; or [the parent]

(ii) Parent or guardian of a minor patient or incompetent patient.

D.—E. (text unchanged)

.04 Supervisory Responsibilities.

A. The chiropractor is responsible for record keeping, consent to treatment forms, billing, and other patient-related documentation handled, maintained, or managed by the chiropractor’s staff.

B. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 68 COMMUNITY HEALTH WORKERS

Notice of Proposed Action

[19-203-P]

The Secretary of Health proposes to adopt under a new subtitle, Subtitle 68 Community Health Workers:

(1)  New Regulations .01—.09 under a new chapter, COMAR 10.68.01 Certification of Community Health Workers; and

(2) New Regulations .01—.07 under a new chapter, COMAR 10.68.02 Community Health Worker Certification Training Programs.

Statement of Purpose

The purpose of this action is to establish a process within the Maryland Department of Health to certify community health workers and accredit community health worker certification training programs.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. To implement the Department’s processes to certify community health workers and accredit community health worker certification training programs, general fund expenditures are estimated to increase by $45,946 in Fiscal Year 2020 and an average of $89,222 in subsequent fiscal years. Federal fund expenditures are estimated to increase by $26,776 in Fiscal Year 2020 and an average of $50,235 in subsequent fiscal years.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$72,722

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. In order to implement the processes to certify community health workers and accredit community health worker certification training programs, two additional FTEs would be required. The cost of the first FTE is $42,946 in Fiscal Year 2020 and $83,222 in subsequent fiscal years (general funds). The cost of the second FTE is $26,776 in Fiscal Year 2020 and $50,235 in subsequent fiscal years (federal funds). Total cost for the FY also includes the purchase of three Salesforce licenses which will be required to provide the analytics for the program at $2,000 per year per user, totaling an estimate of $6,000 per year in general funds ($3,000 in FY 2020). Additionally, the purchase of translation and interpretation services of an unknown amount and cost will be needed. Since Fiscal Year 2020 is halfway through, the estimate in A represents half of a full fiscal year.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

10.68.01 Certification of Community Health Workers

Authority: Health-General Article, §13-3705, Annotated Code of Maryland

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Accreditation” means the approval a community health worker certification training program receives when it has met all the requirements of this chapter.

(2) “Accredited community health worker certification training program” means a community health worker certification training program that has been accredited by the Maryland Department of Health.

(3) “Applicant” means an individual who applies to the Maryland Department of Health to obtain a community health worker certificate.

(4) “Certificate” means a certificate issued by the Department to authorize an individual who meets the requirements of this chapter to represent to the public as a certified community health worker in the State.

(5) “Certified community health worker (CCHW)” means an individual who has successfully met the requirements stated in this chapter.

(6) “Community health worker (CHW)” has the meaning set forth in Health-General Article, §13-3701, Annotated Code of Maryland.

(7) “Core competencies” means:

(a) Advocacy and community capacity building skills;

(b) Effective oral and written communication skills;

(c) Cultural competency;

(d) Understanding of ethics and confidentiality issues;

(e) Knowledge of local resources and system navigation;

(f) Care coordination skills;

(g) Teaching skills to promote healthy behavior change;

(h) Outreach methods and strategies; and

(i) Understanding of public health concepts and health literacy.

(8) “Department” means the Maryland Department of Health.

(9) “Professional development activities” means knowledge and skill building opportunities related to the core competencies of community health workers or health principles that may include:

(a) Courses;

(b) Webinars;

(c) Conferences;

(d) Workshops;

(e) Trainings; or

(f) Lectures.

(10) “Secretary” means the Secretary of the Maryland Department of Health.

.02 Application Procedures.

A. Qualified Community Health Worker Applicant. A qualified community health worker applicant is an individual who:

(1) Has successfully completed a CHW certification training program that is accredited by the Department; or

(2) Is eligible to be exempt from the training requirements as set forth in Regulation .03C of this chapter.

B. To obtain a community health worker certification, the applicant shall submit to the Department:

(1) A completed application on a form provided by the Department;

(2) An initial application fee set by the Department in regulation; and

(3) Documentation of training or training exemption requirements set forth in this chapter.

C. Incomplete Applications.

(1) An application is not complete until the Department has received all the materials required under this chapter.

(2) If an incomplete application is submitted to the Department, the Department shall:

(a) Notify the applicant within 30 calendar days after receipt of the incomplete application; and

(b) Specify the materials required to be submitted to complete the application.

(3) If the applicant fails to provide the required documentation within 120 calendar days of notification, the Department may:

(a) Administratively close the application; or

(b) Deny the application, pursuant to the requirements set forth in this chapter.

(4) The Department may not refund a fee if an application is administratively closed or denied.

(5) An applicant whose application is administratively closed or denied may reapply and submit with the new application documentation in compliance with the requirements of this chapter.

.03 Applicant Age, Training, and Experience Requirements.

A. Age Requirement. An individual seeking community health worker certification shall be 18 years old or older.

B. Certification by Completion of a CHW Certification Training Program Accredited by the Department. An applicant for community health worker certification shall:

(1) Provide documentation of successful completion of an accredited CHW certification training program as set forth in this chapter; and

(2) Possess a high school diploma or GED equivalent.

C. Exemption from Training Program Requirements.

(1) The Department may exempt an individual occupied as a CHW on October 1, 2018, from the training program requirements set forth in this chapter if the applicant provides documentation of:

(a) The completion of a minimum of 2,000 hours of CHW paid or volunteer experience 5 years prior to:

(i) October 1, 2018; or

(ii) The application date;

(b) A minimum of two letters of validation, on a form that the Department requires, from a current or former CHW employer, supervisor, or agency representative that recommend the individual for certification and validate the minimum of 2,000 hours of required experience; and

(c) Proficiency in core competencies to be detailed by the applicant and verified in writing by a CHW employer, supervisor, or agency representative.

(2) The deadline for submission of an application for exemption from the training program requirements under this section is March 31, 2020.

(3) An applicant may request an extension to submit an application, not to exceed 60 days, if:

(a) The applicant submits documentation of good cause for an extension; and

(b) The Department determines that an extension is reasonable under the circumstances.

.04 Action on Application.

A. Upon review of a completed application, the Department shall:

(1) Approve the issuance of a certificate to the applicant if the applicant meets the requirements specified in this chapter;

(2) Request additional information to make a determination; or

(3) Deny the issuance of a certificate to the applicant.

B. Approval for Certification and Issuance of Certificate.

(1) If the Department approves the issuance of a certificate to an applicant, the Department shall:

(a) Send the applicant a written notice that the applicant is qualified for a certificate; and

(b) Issue a certificate to the applicant.

(2) The Department shall include on each certificate:

(a) The full name of the certificate holder;

(b) The dates of issuance and expiration;

(c) A serial number; and

(d) The signature of the Department representative.

C. Denial of Issuance of Certificate.

(1) The Department may deny the issuance of a certificate if it determines the applicant has:

(a) Not met the age, training, or experience requirements as set forth in this chapter;

(b) Failed to remit a fee; or

(c) Failed to complete the application form.

(2) If the Department denies the issuance of a certificate, the Department shall:

(a) Send the applicant written notice of the Department’s denial of the issuance of a certificate, including specification of deficiencies; and

(b) Notify the applicant of the right to appeal the denial and to request a formal hearing.

(3) An applicant who has been denied the issuance of a certificate by the Department may reapply and submit new application documentation in compliance with the requirements of this chapter.

(4) Appealing a Decision to Deny Issuance of a Certificate. An applicant may appeal the decision to deny issuance of a certificate by submitting a request in writing to the Department within 30 calendar days of the date on the notice of denial of certification.

(5) If an applicant submits an appeal, the Department, within 60 calendar days, shall:

(a) Sustain or reverse the decision on the application; and

(b) Provide written notice to the applicant:

(i) Indicating whether the decision on the application has been sustained or reversed; and

(ii) Providing an explanation of the decision.

(6) The Department may not refund a fee if the certification is denied.

D. An applicant may request a hearing within 10 calendar days after the date of written notice of the Department’s denial of the issuance of a certificate. When the Department receives the request, it will follow hearing procedures in accordance with COMAR 10.01.03.

.05 Certification Representation.

An individual shall be certified by the Department before the individual may represent to the public that the individual is a certified community health worker.

.06 Requirement to Update Contact Information.

An individual certified by the Department shall inform the Department, within a reasonable time period, of any changes to the certificate holder’s name and contact information.

.07 Expiration and Renewal.

A. Unless the Department suspends or revokes the certificate, the certificate:

(1) Is effective for 2 years from the date issued; and

(2) Authorizes the individual to represent to the public that the individual is a certified community health worker.

B. At least 90 calendar days before the certificate expires, the Department shall send to the certified community health worker, by electronic or first-class mail to the last known electronic or physical address, a renewal notice that states:

(1) The date on which the current certificate expires;

(2) Any required renewal submission requirements;

(3) The date by which the renewal application shall be received by the Department for the renewal to be issued; and

(4) The amount of a renewal fee.

C. The certificate holder shall notify the Department if a renewal notice is not received within 60 calendar days before the required renewal date.

D. The Department shall renew the certificate of a certified community health worker who:

(1) Is eligible to obtain a certificate;

(2) Pays to the Department a renewal fee set by the Department in regulation; and

(3) Submits to the Department:

(a) A renewal application on the form required by the Department; and

(b) Satisfactory documentation of completion of 20 hours of a broad range of professional development activities that include a written explanation of acquired knowledge and/or skill application of duties on a form that the Department requires.

E. Renewal applications shall be received 30 calendar days prior to the expiration date.

.08 Reinstatement of Certificate Due to Nonrenewal.

A. The Department shall reinstate the certificate of a community health worker who has failed to renew the certificate, if the individual:

(1) Has not had the certificate suspended or revoked;

(2) Submits to the Department documentation of:

(a) Completion of 20 hours of a broad range of professional development activities; and

(b) A written explanation of acquired knowledge and/or skill application of duties within the 2-year period immediately preceding the date of renewal;

(3) Applies to the Department for reinstatement of the certificate before 2 years after the certificate expires;

(4) Pays to the Department a renewal fee set by the Department in regulation; and

(5) Meets the requirements for certification set forth by the Department.

B. If a CHW is not eligible for reinstatement of a certificate under this chapter, the community health worker may be eligible for the issuance of a certificate by meeting the current requirements for obtaining a new certificate under this chapter.

.09 Suspension or Revocation of a Certificate.

A. The Department may suspend or revoke the certificate of a community health worker who no longer meets the requirements established under this chapter.

B. Subject to the hearing provisions of COMAR 10.01.03, the Department may suspend or revoke a certificate if the individual:

(1) Fraudulently or deceptively obtains or attempts to obtain a certificate for a community health worker or for another individual;

(2) Fraudulently or deceptively uses a certificate;

(3) Otherwise fails to meet substantially the standards for certification adopted under this chapter;

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Performs the duties of a community health worker while:

(a) Under the influence of alcohol; or

(b) Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, §5–101, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state, territory, or country for an act that would be grounds for suspension or revocation action under this title;

(7) Performs the duties of a certified community health worker with an unauthorized person or supervises or aids an unauthorized person in performing the duties of a certified community health worker;

(8) Willfully makes or files a false report or record while performing the duties of a certified community health worker;

(9) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(10) Commits an act of unprofessional conduct in performing the duties of a community health worker;

(11) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the individual is certified and qualified to render because of the individual’s race, sex, creed, color, national origin, marital status, sexual orientation, age, gender identity, or disability; or

(12) Fails to maintain on file with the Department a current resident address or employment address or notify the Department when the residency or place of employment changes.

C. The Department shall proceed with the suspension or revocation in accordance with the provisions in COMAR 10.01.03.

D. The Department shall send written notice of intent to suspend or revoke a certificate to the individual and identify the specific deficiencies.

E. Within 30 calendar days after receipt of written notice, the individual may submit to the Department:

(1) A written plan by the individual to meet the applicable deficiencies; or

(2) A written response setting forth documentation that the individual is meeting and maintaining each of the applicable requirements as set forth in this chapter.

F. Based on deficiencies and the individual’s response, if any, the Department may suspend, revoke, or reinstate a certificate.

G. Appealing the Decision to Suspend or Revoke a Certificate.

(1) An individual may appeal the decision to suspend or revoke a certificate by submitting a request in writing to the Department within 30 calendar days of the date on the notice of suspension or revocation of a certificate.

(2) If an individual submits an appeal, the Department, within 60 calendar days, shall:

(a) Grant or deny the appeal; and

(b) Send individual written notice:

(i) Indicating whether the appeal has been granted or denied; and

(ii) Providing an explanation of the decision.

(3) The Department may not refund a fee if a certification is suspended or revoked.

H. An individual may request a hearing within 10 calendar days after receipt of written notice.

I. When the Department receives the request, it will follow hearing procedures in accordance with COMAR 10.01.03.

 

10.68.02 Community Health Worker Certification Training Programs

Authority: Health-General Article, §13-3705, Annotated Code of Maryland

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Accreditation” means the approval a community health worker certification training program receives when it has met all the requirements of this chapter.

(2) “Accredited community health worker certification training program” means a community health worker certification training program that has been accredited by the Maryland Department of Health.

(3) “Applicant” means a community health worker training program that applies to the Maryland Department of Health for accreditation.

(4) “Community health worker (CHW)” has the meaning set forth in Health-General Article, §13-3701, Annotated Code of Maryland.

(5) “Community health worker certification training program” means a training program that has been accredited by the Department.

(6) “Department” means the Maryland Department of Health.

(7) “Review Committee” means the CHW Training Program Application Review Committee.

(8) “Secretary” means the Secretary of the Maryland Department of Health.

.02 Application Procedures.

A. Accreditation Requirements.

(1) All CHW certification training programs shall be accredited by the Department.

(2) The accreditation shall be issued before an organization may offer a CHW certification training program.

B. To obtain accreditation of a CHW certification training program, an organization shall:

(1) Obtain the CHW certification training program requirements and a program application from the Department;

(2) Submit to the Department an application; and

(3) Pay to the Department a fee set by the Department in regulation.

C. A CHW certification training program that was in operation on or before October 1, 2018:

(1) Will be notified by the Department by certified mail, electronic mail, or MDH website posting of the training program requirements for accreditation set forth in this chapter;

(2) Shall comply with the accreditation requirements; and

(3) Shall complete an application for accreditation as set forth in this chapter by December 31, 2020.

D. A CHW certification training program that trained individuals from October 1, 2018, through December 31, 2020, will be eligible to apply for accreditation for that time period if the training program:

(1) Meets the CHW certified training program requirements as set forth in Regulation .03 of this chapter;

(2) Submits to the Department an application;

(3) Pays to the Department a fee set by the Department in regulation;

(4) Becomes an accredited training program; and

(5) Provides a list of students who successfully completed the training program during the stated time period.

E. The Department may provide technical assistance to CHW certification training programs to meet the requirements set forth in this chapter.

F. Incomplete Applications.

(1) An application is not complete until the Department has received all the materials required under this chapter.

(2) If an incomplete application is submitted to the Department, the Department shall notify the applicant within 30 calendar days after receipt of the incomplete application of the materials that are required to be submitted to complete the application.

(3) If the applicant fails to provide the required documentation within 120 calendar days of notification, the Department may:

(a) Administratively close the application; or

(b) Deny the application, pursuant to Regulation .04D of this chapter.

(4) An applicant whose application is administratively closed or denied may reapply and submit with the new application documentation in compliance with the requirements of this chapter.

.03 Training Program Requirements.

A. A CHW certification training program shall:

(1) Provide a minimum of 100 hours of instruction;

(2) Verify successful completion of an additional supervised 40-hour practicum by a student;

(3) Employ a curriculum framework that incorporates, at a minimum, the following core competencies:

(a) Advocacy and community capacity building skills;

(b) Effective oral and written communication skills;

(c) Cultural competency;

(d) Understanding of ethics and confidentiality issues;

(e) Knowledge of local resources and system navigation;

(f) Care coordination skills;

(g) Teaching skills to promote healthy behavior change;

(h) Outreach methods and strategies; and

(i) Understanding of public health concepts and health literacy; and

(4) Include an objective knowledge assessment.

B. To complete an accredited CHW certification training program, a student shall successfully meet all requirements of the program.

C. Each accredited CHW certification training program shall submit to the Department, as requested, information on the program.

D. Without the Department’s approval, an accredited CHW certification training program may not substantively modify an accredited curriculum in a way that results in the curriculum no longer satisfying the core competency requirements.

.04 Action on Application.

A. Application Review. Upon receipt of a completed application, the Department shall:

(1) Accept and review applications for accreditation of a CHW certification training program in accordance with a schedule established by the Department and made publicly available;

(2) Acknowledge receipt of an application within 10 calendar days after receiving the application;

(3) Act on an application within 60 calendar days after the training program has met all the application requirements; and

(4) Make a decision regarding application accreditation within 120 calendar days.

B. Application Review Committee.

(1) Training program applications will be reviewed by a Community Health Worker Training Program Application Review Committee consisting of:

(a) A community health worker;

(b) A State Community Health Worker Advisory Committee member;

(c) A health professions educator with expertise in curriculum development;

(d) AN MDH CHW certification program staff member; and

(e) As deemed necessary by the Department, an MDH program staff member with subject matter expertise in specialty areas.

(2) Individuals will be selected for the Training Program Application Review Committee by the Secretary after review of an application.

(3) The Review Committee shall review training program applications to determine whether a training program application meets the requirements set forth in this chapter.

(4) The Review Committee shall forward recommendations for accreditation of eligible training programs to the Secretary.

(5) The Secretary may approve and direct the Department to accredit a training program if the training program:

(a) Satisfies the requirements set forth in this chapter;

(b) Pays to the Department a fee set by the Department in regulation; and

(c) Participates in an on-site visit, if deemed necessary by the Department.

C. Approval of Accreditation Application. If the Department accredits a training program, the Department shall send the applicant written notice that the program is accredited.

D. Denial of Accreditation Application.

(1) The Department may deny accreditation if it determines that the training program has:

(a) Not complied fully with the applicable requirements described in this chapter;

(b) Failed to remit a fee; or

(c) Failed to complete the application form.

(2) If the Department denies accreditation, the Department shall:

(a) Send the applicant written notice of the Department’s denial of accreditation, including specific deficiencies; and

(b) Notify the applicant of the right to appeal the denial and to request a formal hearing.

(3) Within 30 calendar days after receipt of the denial, the training program may submit to the Department either:

(a) A written plan that sets forth the steps taken by the program to meet the applicable requirements described in this chapter; or

(b) A written response setting forth documentation that the program is meeting and maintaining each of the applicable requirements described in this chapter.

(4) Based on the deficiencies and the program’s written response, if any, the Department may approve or deny the application.

(5) Appealing a Decision to Deny an Application for Accreditation. A CHW certification training program may appeal the decision to deny an application by submitting the request in writing to the Department within 30 calendar days of the date on the notice of denial of application.

(6) If a CHW certification training program submits an appeal, the Department, within 60 calendar days, shall:

(a) Grant or deny the appeal; and  

(b) Provide written notice to the applicant:

(i) Indicating whether the appeal has been granted or denied; and

(ii) Providing an explanation of the decision.

(7) The Department may not refund a fee if an accreditation is denied.

(8) An applicant may request a hearing within 10 calendar days after receipt of written notice of the Department’s denial. After receiving the request, the Department shall follow hearing procedures in accordance with COMAR 10.01.03.

.05 Expiration and Renewal.

A. Unless the Department suspends or revokes a CHW certification training program accreditation, the accreditation is effective for 3 years from the date issued.

B. At least 90 calendar days before the accreditation expires, the Department shall send to the accredited CHW certification training program by electronic or first-class mail to the last known electronic or physical address a renewal notice that states:

(1) The date on which the current accreditation expires;

(2) Any required renewal submission requirements;

(3) The date by which the renewal application shall be received by the Department for the renewal to be issued; and

(4) The amount of a renewal fee.

C. The accredited CHW certification training program shall notify the Department if a renewal notice is not received within 60 calendar days of the renewal date.

D. The Department shall renew the accredited CHW certification training program that:

(1) Is eligible to obtain accreditation;

(2) Pays to the Department a renewal fee set by the Department in regulation; and

(3) Submits to the Department a renewal application on a form that the Department requires.

E. Renewal applications received less than 30 calendar days before the expiration date may not be processed before the expiration date.

.06 Reinstatement of Accreditation Due to Nonrenewal.

A. The Department shall reinstate the accreditation of a CHW certification training program that has failed to renew their accreditation, if the program:

(1) Has not had the accreditation suspended or revoked;

(2) Applies to the Department for reinstatement of the accreditation before 2 years after the accreditation expires;

(3) Pays to the Department a renewal fee set by the Department in regulation; and

(4) Meets the requirements for accreditation set forth by the Department.

B. If a CHW certification training program is not eligible for reinstatement of accreditation under this chapter, the program may be eligible for accreditation by meeting the current requirements for obtaining a new accreditation under this chapter.

.07 Suspension or Revocation of Accreditation of a Training Program.

A. The Department may suspend or revoke the accreditation from any program which:

(1) No longer meets the requirements established under this chapter;

(2) Fails to submit in a timely manner:

(a) Any information requested by the Department; or

(b) Notification of curriculum modification;

(3) Falsifies training program information; or

(4) Fails to comply with applicable laws or regulations.

B. The Department shall proceed with the suspension or revocation in accordance with the provisions in COMAR 10.01.03.

C. The Department shall send written notice of the suspension or revocation of accreditation to the training program and identify the specific deficiencies.

D. Within 30 calendar days after receipt of written notice, the CHW certification training program may submit to the Department:

(1) A written plan by the CHW certification training program to meet the applicable deficiencies; or

(2) A written response setting forth documentation that the program is meeting and maintaining each of the applicable requirements described in this chapter.

E. Based on deficiencies and the program’s response, if any, the Department may suspend, revoke or reinstate accreditation.

F. Appealing a Decision to Suspend or Revoke Accreditation.

(1) A CHW certification training program may appeal the decision to suspend or revoke the accreditation by submitting a request in writing to the Department within 30 calendar days of the date on the notice of suspension or revocation of accreditation.

(2) If a CHW certification training program submits an appeal, the Department shall within 60 calendar days:

(a) Grant or deny the appeal; and

(b) Respond in writing to the applicant:

(i) Indicating whether the appeal has been granted or denied; and

(ii) Providing an explanation of the decision.

(3) The Department may not refund a fee if an accreditation is suspended or revoked.

G. An applicant may request a hearing within 10 calendar days after receipt of written notice.

H. After receiving the request, the Department shall follow hearing procedures in accordance with COMAR 10.01.03.

ROBERT R. NEALL
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION

Notice of Proposed Action

[19-222-P]

The Maryland Technology Development Corporation proposes to:

(1) Recodify existing Regulations .01—.11 under COMAR 14.04.01 Stem Cell Research Commission to be Regulations .01—.11 under COMAR 14.04.08 Stem Cell Research Commission;

(2) Adopt new Regulation .01 under a new chapter, COMAR 14.04.01 Definitions;

(3) Adopt new Regulations .01—.09 under a new chapter, COMAR 14.04.02 Investment Programs;

(4) Adopt new Regulations .01—.06 under a new chapter, COMAR 14.04.03 Builder Fund;

(5) Adopt new Regulations .01—.06 under a new chapter, COMAR 14.04.04 Rural Business Innovation Initiative;

(6) Adopt new Regulations .01—.07 under a new chapter, COMAR 14.04.05 Seed Funds;

(7) Adopt new Regulations .01—.07 under a new chapter, COMAR 14.04.06 Maryland Venture Fund; and

(8) Adopt new Regulations .01—.04 under a new chapter, COMAR 14.04.07 Investment Committee.

Statement of Purpose

The purpose of this action is to adopt regulations that prescribe the policies and procedures applicable to all investment programs of Maryland Technology Development Corporation. The regulations are being adopted in accordance with Chapter 488 of the Acts of 2019. With respect to the Corporation’s investment programs, Chapter 488 requires regulations covering the types of businesses in which the Corporation may invest, the basic standards a business must meet for the Corporation’s investment, the amount of money available for investment, and the investment policy which describes the criteria, investment philosophy, and guidelines for the Corporation’s decision making process with respect to investments. Because the mandate applies to all of the Corporation’s investment programs, the Corporation proposes both general regulations applicable to all of its investment programs as well as supplemental provisions tailored to specific programs. Chapter 488 also requires the regulations to set forth a process for considering whether investments help to foster inclusive and diverse entrepreneurship in the State. Chapter 488 also requires the Corporation to establish in regulations an investment committee of the Board of Directors of the Corporation to evaluate and determine whether the Corporation may invest in a business that will have a substantial economic impact in the State even though that business does not satisfy the requirements as to workforce or principal business operations in the State otherwise required by law. The regulations governing the investment committee are required to include the responsibilities of the investment committee and procedures for the appointment of the committee members from the Corporation’s Board of Directors. Finally, this action recodifies without change the current regulations governing the Stem Cell Research Commission.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

 

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jody Sprinkle, Director, Government Relations, TEDCO, 7021 Columbia Gateway Drive Suite 200 Columbia MD 21046, or call 410-740-4197, or email to rsvp@tedco.md, or fax to 410-740-9422. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

14.04.01 Definitions

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Definitions.

A. Except as otherwise provided in this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means Economic Development Article, Title 10, Subtitle 4, Annotated Code of Maryland.

(2) “Applicant” means a business that applies for an investment from TEDCO.

(3) “Board” means the Board of Directors of TEDCO.

(4) “Business” means an enterprise for profit, including a partnership, a limited partnership, a corporation, or a limited liability company.

(5) “Bylaws” means the bylaws of TEDCO.

(6) Capital Investment.

(a) “Capital investment” means an expenditure by a business for the purchase, improvement, or maintenance of a long-term asset providing value for more than a year to enhance the growth potential of the business.

(b) “Capital investment” includes land and buildings, construction, improvements, furniture and fixtures, machines, computing, vehicles, software development, software, branding, intellectual property, patents, product development, copyrights, franchise rights, and licenses.

(7) Debt.

(a) “Debt” means a debt security.

(b) “Debt” includes a convertible note.

(8) “Economic disadvantage” means the impairment of the ability to compete in the free enterprise system due to social disadvantage resulting in diminished capital and credit opportunities as compared to others in the same or similar line of business, as such term is interpreted under 13 CFR §124.104.

(9) “Early-stage business” means a business that:

(a) Except for businesses applying for investment under COMAR 14.04.03, commenced operations not more than 5 years before the date on which the business submits an application for an investment by TEDCO;

(b) Has received not more than $15,000,000 in investment by persons other than TEDCO as of the date that the business submits an application for an investment by TEDCO; and

(c) Has no more than 250 employees.

(10) “Employee” means a full-time or full-time equivalent W-2 reporting worker of a business.

(11) Equity Financing.

(a) “Equity financing” means the purchase of:

(i) Shares, units, or interests in a business; or

(ii) Rights to ownership of shares, units, interests, or rights, such as options or warrants, in a business.

(b) “Equity financing” includes debt financing that is convertible into equity.

(12) “Executive Director” means the individual named as the Executive Director of TEDCO by the TEDCO Board.

(13) “Follow-on investment” means TEDCO’s investment in a business in which TEDCO, at the time of the investment, holds debt or equity.

(14) “Founder” means an individual who establishes a business by:

(a) Assuming a portion of the risk of the business; and

(b) Having the initial rights to a portion of the profits of the business.

(15) Intellectual Property.

(a) “Intellectual property” means the intangible value developed by human creativity that is protected by the legal mechanisms of patents, trademarks, copyrights, service marks, trade secrets, mask works, and plant variety protection certificates.

(b) “Intellectual property” includes inventions, discoveries, know-how, show-how, processes, unique materials, copyrightable works, original data, and other creative or artistic works that have commercial value.

(c) “Intellectual property” also includes the physical embodiments of intellectual effort such as models, machines, devices, designs, apparatus, instrumentation, circuits, computer programs and visualizations, biological materials, chemicals, other compositions or matter, plants, and records of research.

(16) “Investment” means equity financing by TEDCO in a qualified business.

(17) “Investment Committee” has the meaning stated in §10-401(f) of the Act.

(18) “Investment program” means any TEDCO investment program or fund authorized by or under the Act.

(19) “Office of the Attorney General” means Office of the Attorney General of Maryland.

(20) “Person” has the meaning stated in General Provisions Article, §1-114, Annotated Code of Maryland.

(21) “Product” means an item, process, or service for sale that is developed through or relies on technological innovation.

(22) “Qualified business” has the meaning stated in §10-401(h) of the Act, except as otherwise stated in this subtitle.

(23) “Rural area” has the meaning stated in State Finance and Procurement Article, §2-207, Annotated Code of Maryland.

(24) “Rural community” has the meaning stated in State Finance and Procurement Article, §2-207, Annotated Code of Maryland.

(25) “Social disadvantage” means subject to racial or ethnic prejudice or cultural bias within American society because of identity as a member of a group and without regard to individual qualities, as such term is interpreted under 13 CFR §124.103.

(26) Technology.

(a) “Technology” means the application of science for practical purposes.

(b) “Technology” includes products and processes that are, or will be, protectable as intellectual property.

(27) “Technology-based business” means a business that relies on technology to provide proprietary competitive advantage in the market.

(28) TEDCO.

(a) “TEDCO” means Maryland Technology Development Corporation established under the Act.

(b) For purposes of an investment program, TEDCO includes each entity owned by TEDCO through which investments are made under the investment program.

(29) “Workforce” means founders and employees of a business when determining:

(a) Whether a business is a qualified business; and

(b) The impact or potential impact of an investment on the State, a community in the State, or an area or region of the State.

 

14.04.02 Investment Programs

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

Except as otherwise provided in this subtitle, these regulations prescribe the policies and procedures applicable to all TEDCO investment programs.

.02 Objective.

The objective of TEDCO’s investment programs is to foster the growth of early-stage technology-based businesses in the State.

.03 Investment Philosophy and Types of Qualified Business.

TEDCO seeks and makes investments that align the objectives of economic development in the State and return on investment. The balance of these objectives varies from investment program to investment program. Except for follow-on investments, TEDCO’s investments are limited to early-stage technology-based businesses.

.04 Eligibility.

A. Eligibility Criteria. Except as provided in §C of this regulation, TEDCO may invest in an applicant if TEDCO determines the applicant meets all of the following criteria:

(1) The applicant is a technology-based business;

(2) Over half of the applicant’s workforce works at and from a physical location in the State;

(3) An applicant’s principal business operations are conducted from a physical location in the State;

(4) The applicant agrees to execute a securities repurchase agreement or an equivalent commitment, each with a duration of five years, subject to the terms determined by TEDCO and in the form approved by the Office of the Attorney General;

(5) The applicant agrees to use the investment primarily to:

(a) Support business operations in the State; or

(b) In the case of a start-up business, establish and support business operations in the State;

(6) The applicant employs not more than 250 employees;

(7) The applicant is not primarily engaged in retail sales, real estate development, insurance, banking, or lending;

(8) The applicant is not primarily engaged in the provision of professional services by accountants, attorneys, or physicians; and

(9) Other eligibility criteria for each investment program under COMAR 14.04.03—.06.

B. Qualified Business Information. Except as required under §C of this regulation, in order to be considered for an investment by TEDCO, an applicant shall submit to TEDCO a written application in accordance with Regulation .05 of this chapter with sufficient information for TEDCO to establish eligibility under §A of this regulation, including:

(1) The total number of the applicant’s founders and employees and the number of the applicant’s founders and employees working in the State;

(2) The address of the applicant’s principal business operations in the State and a copy of the lease, license agreement, deed, or other document that evidences the applicant’s right to occupy the physical location of the principal business operations;

(3) Addresses of all the physical locations of the applicant; and

(4) Any other information required by TEDCO as necessary to establish that the applicant is a qualified business.

C. Substantial Economic Impact Information. In lieu of the information provided in §B(1)—(3) of this regulation, the applicant may submit to TEDCO information that the applicant’s business will have a substantial economic impact in the State as set forth in COMAR 14.04.07. After reviewing information submitted by an applicant under this section, TEDCO may request additional information or conduct its own investigation of the applicant’s potential for substantial economic impact in the State. In its sole discretion, TEDCO may submit information provided under this section to the Investment Committee for its consideration.

D. Verification of Information Submitted to TEDCO. An applicant shall verify, in a form approved by the Office of the Attorney General, the information the applicant submits to TEDCO in an application for an investment.

.05 Procedures and Guidelines for Investment Decisions.

A. In General. In its sole discretion, TEDCO shall select eligible applicants for investment based on a written application and investment diligence. Each investment program shall have a separate application, application process, and submission deadlines.

B. Application Process.

(1) In General. TEDCO shall make available to the public on or through its website:

(a) An application process for each investment program; and

(b) Deadlines, if any, to submit applications to an investment program.

(2) Required Information. Through an application, an applicant shall provide information sufficient for TEDCO to:

(a) Determine whether the applicant meets the eligibility requirements as set forth in the Act and the specific requirements of the applicable investment program set forth in COMAR 14.04.03—.06; and

(b) Evaluate TEDCO’s investment criteria and, if applicable, diversity and inclusion criteria under §B(5) of this regulation.

(3) Preliminary Evaluation of Eligibility. TEDCO’s investment program staff:

(a) Shall perform an initial review of each application in accordance with the Act and Regulation .04 of this chapter; and

(b) May review the application for investment criteria in accordance with this regulation and may examine the applicant’s books and records, business plan, and other business documents.

(4) Eligibility Determination. Within 30 days from the date an applicant submits the application to TEDCO, TEDCO shall notify the applicant if TEDCO finds the applicant ineligible for investment under Regulation .04 of this chapter.

(5) Investment Criteria, Diversity and Inclusion Criteria, and Diligence for all Investment Programs.

(a) If the applicant is eligible for investment by TEDCO, TEDCO shall consider the investment criteria as set forth in §B(5)(b) of this regulation and diversity and inclusion criteria as set forth in §B(5)(c) of this regulation and shall conduct diligence as set forth in §B(5)(d) of this regulation.

(b) Investment Criteria. TEDCO shall use the following investment criteria as the basis of a scoring rubric to evaluate eligible applicants:

(i) The growth potential of the applicant based on a credible and sustainable business model;

(ii) The degree to which the applicant’s proposed product or service addresses a need in the market and brings value to customers;

(iii) Size of the total addressable market for the applicant’s product or services;

(iv) The analysis of competitors in the market and sustainability of the applicant’s competitive advantage;

(v) The strength of the applicant’s management team including the team’s technical competence, entrepreneurial experience, business experience, and ability to grow the business;

(vi) The potential of the applicant or the applicant’s management team, as applicable, to raise follow-on capital, increase revenues, and create jobs;

(vii) Stage of development for product or services including market testing, customer discovery, and scientific validation;

(viii) The applicant’s plan to deliver product or services to the market including manufacturing, marketing, partnering and as applicable, regulation strategies;

(ix) The amount of funds the applicant has raised as of the date of application;

(x) The applicant’s future financing plan including financial models, employment plan, strategic milestones, and capital needs;

(xi) The applicant demonstrates a reasonable opportunity that TEDCO will receive a positive return on its investment;

(xii) The applicant’s satisfaction of specific investment program criteria as specified under each investment program, as applicable;

(xiii) The time period from which the business commenced operations; and

(xiv) Adherence to the application process.

(c) Diversity and Inclusion Criteria. TEDCO shall consider whether:

(i) The investment has the potential to result in a positive economic development impact for a region or an area which is economically distressed or a rural area or a rural community; and

(ii) A founder of the applicant or a member of the applicant’s executive leadership has self-identified as a member of a group that is economically disadvantaged.

(d) Diligence. TEDCO’s investment diligence may include:

(i) Review of the applicant’s books and records and business plan;

(ii) One or more site visits;

(iii) Discussion with customers and competitors;

(iv) Evaluation of intellectual property;

(v) Independent review of scientific data;

(vi) Validation of claims and assumptions made in the application; and

(vii) At TEDCO’s sole discretion, an applicant’s presentation and interview.

C. Scoring. TEDCO shall score each applicant in accordance with a uniform scoring rubric adopted for each investment program based on the investment criteria and diversity and inclusion criteria.

D. Final Approval. The Executive Director, in the Executive Director’s sole discretion, shall base TEDCO’s final decision regarding an investment in an eligible applicant on:

(1) The application;

(2) The aggregate scores from the evaluation of investment criteria and diversity and inclusion criteria under §C of this regulation;

(3) The relative strength of the applicant in comparison to other applicants;

(4) The likelihood that the investment in the applicant will lead to economic growth in the State;

(5) The amount of money available for the specific TEDCO investment program from which the investment will be made; and

(6) An analysis of the potential of the investment in the applicant to positively impact economically disadvantaged individuals, economically distressed areas or regions, or rural areas or rural communities.

E. Closing Conditions. After final approval, TEDCO may release the funds to invest in an applicant if the following closing conditions are met:

(1) At the time of the investment, the applicant remains eligible;

(2) The applicant executes a securities repurchase agreement or an equivalent commitment as set forth in Regulation .04 of this chapter before the receipt of the investment proceeds;

(3) The applicant agrees to use the proceeds of the investment to establish and support operations in the State and in accordance with any requirements of the applicable investment program; and

(4) The applicant satisfies other closing conditions as required by the Office of the Attorney General and other terms and conditions that TEDCO, in its sole discretion, may require.

F. Rejected Applicants. If an applicant is rejected for an investment, TEDCO shall notify the applicant in writing.

.06 Amount of Money Available for Investment.

A. In General. The amount of money available for investment shall vary from investment program to investment program.

B. Amount for each Investment Program.

(1) Builder Fund. TEDCO may make an investment of up to $100,000 in each business selected for participation in the Builder Fund.

(2) Rural Business Innovation Initiative Program. TEDCO may invest up to $25,000 per investment.

(3) Seed Funds. TEDCO may invest:

(a) For Cybersecurity Investment Fund and Technology Commercialization Fund, up to $200,000 per investment;

(b) For the Life Science Investment Fund, up to $200,000 per investment; and

(c) For the GAP Fund, up to $500,000 per investment.

(4) Maryland Venture Fund. TEDCO may invest $250,000 to $1,500,000 per investment.

C. Exceptions.

(1) The Board may increase or decrease the investment cap described in §B of this regulation at the request of the Executive Director and in accordance with any limitations of the appropriation.

(2) If the Board modifies an investment cap under §B of this regulation in accordance with this §C of this regulation, TEDCO shall publish the modified investment cap on its website.

.07 Inclusive and Diverse Entrepreneurship—All Investment Programs.

In order to foster inclusive and diverse entrepreneurship and innovation throughout the State, including initiatives to raise awareness of investment programs to assist small minority and women-owned businesses, TEDCO shall:

A. Establish bench-marks for diversity and inclusion for each investment program;

B. Provide in the application process an opportunity for applicants to self-identify economic disadvantage;

C. Consider historical data on investments in comparison to the bench-marks; and

D. Develop outreach marketing targeted to economically disadvantaged groups in the State.

.08 Nondiscrimination.

An applicant shall comply with all applicable federal, State, and local laws regarding discrimination and equal opportunity in employment.

.09 Investment Program Administration.

An action or decision required or permitted to be taken or made by TEDCO under the Act or these regulations, including execution of equity financing documents, may be taken by the Executive Director or Executive Director’s designee.

 

14.04.03 Builder Fund

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

These regulations prescribe the objectives and investment policy of the Builder Fund, the standards for qualification and investment criteria for participation in the Builder Fund, and procedures and guidelines for TEDCO’s selection of businesses to receive Builder Fund investment.

.02 Objective.

The objective of the Builder Fund is to make pre-seed investments in and provide executive support to technology-based businesses owned and managed by individuals who demonstrate economic disadvantage.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Builder Fund” means the program authorized in accordance with the Act and these regulations through which TEDCO may make pre-seed investments in early-stage technology-based businesses.

(2) “Executive support” includes assistance in and support for management and implementation, planning, tracking and analysis, networking support, mentoring, coaching, advisory, facilitation, instruction or observation and feedback provided to a business.

.04 Investment Philosophy and Types of Qualified Businesses.

The Builder Fund identifies investment opportunities in businesses that are often overlooked by traditional sources of investment and financing because of economic disadvantage and seeks to invest in early-stage technology-based businesses that have the potential, with the Builder Fund investment or other TEDCO services, to create jobs in the State and become attractive targets for follow-on financing or investment.

.05 Eligibility.

A. In General. TEDCO shall be satisfied that the applicant meets the eligibility requirements set forth in COMAR 14.04.02.04.

B. Eligibility Requirements Specific to Builder Fund. In addition to the requirements set forth in COMAR 14.04.02.04, TEDCO shall be satisfied that:

(1) At least one founder or executive manager works at the applicant full-time;

(2) The founder of the applicant has a demonstrated economic disadvantage; and

(3) If required by TEDCO, the founders, managers, or officers agree to receive executive support.

C. Applicants with Multiple Founders. If there is more than one founder of the applicant, founders owning in the aggregate not less than 50 percent of the applicant, have demonstrated economic disadvantage.

.06 Procedures and Guidelines for Investment Decisions.

A. In General. Except as provided in §B and §C of this regulation, TEDCO shall select businesses for investment by the Builder Fund in accordance with the application process as set forth in COMAR 14.04.02.

B. Investment Criteria.

(1) In addition to the investment criteria described in COMAR 14.04.02.05, the following investment criteria shall form the basis of TEDCO’s determination of the applicant’s potential to attract subsequent financing or investment after participating in the Builder Fund and to create jobs in the State:

(a) Whether the applicant has or does not have available to it other means of financing; and

(b) Whether the applicant has secured, through verifiable documentation:

(i) Expressions of interest in providing financing to the applicant from sources of institutional venture investment or other financing sources, based on specified milestones; or

(ii) Network opportunities, including introductions to customers, employees, and partners.

(2) TEDCO shall use the investment criteria to evaluate applicants to determine:

(a) Whether an applicant advances in the application process; and

(b) The extent to which the achievement of milestones determined by TEDCO or the receipt of executive support will be a condition of investment by the Builder Fund.

(3) TEDCO may require:

(a) Eligible applicants to interview with TEDCO program staff; and

(b) Finalists for investment to make in-person presentations to TEDCO program staff.

C. Re-application after Initial Rejection. If TEDCO rejects a business for investment by the Builder Fund after the business submits a first application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) One-hundred and twenty days after the date on which TEDCO issues a written rejection to the business; or

(2) The satisfaction of recommendations by TEDCO, if any.

D. Re-application after Subsequent Rejection. If TEDCO rejects a business for investment by the Builder Fund any time after the business submits a second application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) One year after the date on which TEDCO issues a written rejection to the business; or

(2) The satisfaction of any recommendations by TEDCO, if any.

 

14.04.04 Rural Business Innovation Initiative

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

These regulations prescribe the objectives and investment policy of the RBII Fund, the standards for qualification and investment criteria for a business to receive investment from the RBII Program, and procedures and guidelines for TEDCO’s selection of businesses to receive investment from the RBII Fund.

.02 Objective.

The objective of the RBII Fund is to make pre-seed investments in technology-based businesses that maintain principal business operations in rural areas or rural communities.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “RBII Fund” is part of the RBII Program through which TEDCO provides pre-seed investments to small or early-stage technology-based businesses in rural areas or rural communities.

(2) “RBII Program” means the Rural Business Innovation Initiative Program through which TEDCO provides pre-seed investment, technical and business assistance, mentoring services, and operational support to small or early-stage technology-based businesses in rural areas or rural communities.

.04 Investment Philosophy and Types of Qualified Businesses.

The RBII Fund identifies pre-seed investment opportunities in small or early-stage technology-based businesses in rural areas and rural communities that are often overlooked by traditional sources of pre-seed investment because of the location of the businesses’ principal business operations in a rural area or a rural community. The RBII Fund seeks to make investments that TEDCO determines have the potential to enable the business to advance to the next-stage of venture investment and to become an attractive applicant for other TEDCO investment programs not less than 12 to 24 months after investment by the RBII Fund.

.05 Eligibility.

A. In General. TEDCO shall be satisfied that the applicant meets the eligibility requirements set forth in COMAR 14.04.02.04.

B. Location and Other Requirements. In addition to the requirements set forth in COMAR 14.04.02.04, TEDCO shall be satisfied that:

(1) The applicant’s principal business operations are located in a rural area or a rural community; and

(2) At the time of the application, the applicant has received mentoring services from the RBII Program for a period of not less than 90 days.

.06 Procedures and Guidelines for Investment Decisions.

A. In General. TEDCO shall select a business for investment from the RBII Program in accordance with the application process set forth in COMAR 14.04.02.

B. Investment Criteria. In addition to the investment criteria described in COMAR 14.04.02.05, TEDCO shall consider the following investment criteria:

(1) Whether the applicant has previously received a grant from the RBII Program; and

(2) Whether the applicant has the potential to grow and to receive an investment from other TEDCO investment programs not less than 12 to 24 months after receipt of RBII Fund investment proceeds.

 

14.04.05 Seed Funds

Authority, Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

These regulations prescribe the objectives and investment policy of the Seed Funds, the eligibility requirements and criteria for investment by the Seed Funds, and procedures and guidelines for TEDCO’s investment in early-stage businesses.

.02 Objective.

Through Seed Funds investment, TEDCO seeks to strengthen and grow early-stage technology-based businesses with the goal of creating a State-wide environment that encourages and supports emerging businesses and maximizes economic impact in the State.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Cybersecurity Investment Fund” means the investment program established by §10-464 of the Act.

(2) “GAP Fund” means the investment program established in accordance with the Act to make investments in businesses between seed-stage and venture investment.

(3) “Life Science Investment Fund” means the investment program established in accordance with the Act to make investments in businesses that develop products for commercialization which address human health and require approval from the United States Food and Drug Administration.

(4) “Seed Funds” means the Life Science Investment Fund, the Cybersecurity Investment Fund, the Technology Commercialization Fund, and the GAP Fund.

(5) “Technology Commercialization Fund” means the investment program established in accordance with the Act to make investments in businesses that develop and commercialize new technology-based products in all fields of technology.

.04 Investment Philosophy and Types of Qualified Businesses.

TEDCO seeks investment opportunities in early-stage technology-based businesses with demonstrable potential to secure next-stage investment and grow with a positive economic impact in the State.

.05 Eligibility.

A. In General. TEDCO shall be satisfied that the applicant meets the requirements under COMAR 14.04.02.04. In addition to the requirements set forth in COMAR 14.04.02.04, TEDCO shall be satisfied that the business is based on the validation of a minimum viable product or, in the case of life sciences, proof of concept data with validation from in vitro or in vivo models or patient samples.

B. Eligibility for Specific Seed Funds.

(1) For Technology Commercialization Fund investments, at the time of the application and initial investment, the business:

(a) Has raised not more than $2,500,000 of dilutive funding, not including the investment; and

(b) Employs not more than 15 employees.

(2) For Cybersecurity Investment Fund investments, the business:

(a) Shall be focused on information technology, including the protection of networked devises, networks, programs, and data from unintended or unauthorized access, change, or destruction; and

(b) At the time of the application and initial investment:

(i) Has raised not more than $2,500,000 of dilutive funding, not including the investment; and

(ii) Employs not more than 15 employees.

(3) For GAP Fund investments, the business:

(a) Shall have secured verifiable funding commitments from non-government sources for a concurrent $1:1 ratio match to TEDCO’s investment, the receipt of which by the business shall be a condition of closing the TEDCO investment;

(b) Shall use the proceeds from TEDCO’s investment for payroll to compensate new employees in the State hired by the applicant after or not more than 90 days before TEDCO’s release of the investment proceeds; and

(c) At the time of application and initial investment:

(i) Has raised not more than $5,000,000 of dilutive funding, not including the investment; and

(ii) Shall employ not more than 30 employees.

(4) For Life Science Investment Fund, the business:

(a) Shall be in the process of developing a technology for a product for human health that requires approval from the United States Food and Drug Administration prior to market; and

(b) At the time of the application and initial investment:

(i) Has raised not more than $2,500,000 of dilutive funding, not including the investment; and

(ii) Employs not more than 15 employees.

.06 Investment Criteria.

In addition to the investment criteria set forth in COMAR 14.04.02.05, TEDCO shall consider whether:

A. The market opportunity is appropriate for a seed-stage investment;

B. The applicant has the potential to secure institutional venture capital from other investors; and

C. The management team has the skills and ability to effectively secure an institutional venture investment.

.07 Procedures and Guidelines for Investment Decisions.

A. In General. Except as provided in §B and §C of this regulation, TEDCO shall select businesses for investment by the Seed Funds in accordance with the application process set forth in COMAR 14.04.02.

B. Reapplication after Initial Rejection. If TEDCO rejects a business for investment by the Seed Funds after the business submits a first application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) 90 days after the date on which TEDCO issues a written rejection to the business; or

(2) The business’s consultation with TEDCO’s advisory services, if required by TEDCO, and satisfaction of any recommendations by TEDCO.

C. Reapplication after Subsequent Rejection. If TEDCO rejects a business for investment by the Seed Funds any time after the business submits a second application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) 180 days after the date on which TEDCO issues a written rejection to the business; or

(2) The business’s consultation with TEDCO’s advisory services, if required by TEDCO, and satisfaction of any recommendations by TEDCO.

 

14.04.06 Maryland Venture Fund

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

These regulations prescribe the objectives and investment policy of the Maryland Venture Fund, and the eligibility requirements, criteria, procedures and guidelines for investment by the Maryland Venture Fund.

.02 Objective.

Through the Maryland Venture Fund, TEDCO seeks to support the State’s innovation and entrepreneurship environment by investing in opportunities that will have the potential to:

A. Generate financial returns to sustain the investment programs that constitute the Maryland Venture Fund; and

B. Foster economic growth throughout the State.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Enterprise Fund” means the investment program established by §10-469 of the Act.

(2) “Invest Maryland Program” means the investment program established under §§10-473—10-499 of the Act.

(3) “Maryland Venture Fund” means the Enterprise Fund and the Invest Maryland Program

.04 Investment Philosophy and Types of Qualified Businesses.

TEDCO seeks to invest in businesses that have demonstrated financial success and continued growth potential appropriate for subsequent venture investments.

.05 Eligibility.

A. In General. Except as provided in §B of this regulation, TEDCO shall be satisfied that the applicant meets the requirements under COMAR 14.04.02.04.

B. Eligibility for Investment by the Maryland Venture Fund. For the Invest Maryland Program investments that are funded from the allocated designated capital under §10-481(b)(2)(ii) of the Act, the business shall be a qualified business as defined in §10-473(n) of the Act.

.06 Investment Criteria.

A. In General. In addition to the investment criteria set forth in 14.04.02.05, TEDCO shall consider the following investment criteria:

(1) Whether the market opportunity is appropriate for venture-stage investment;

(2) Whether the applicant, at the time it submits an application to TEDCO, is raising a minimum investment round of $2 million;

(3) Except for life sciences businesses, whether the applicant’s quarterly revenues equal or exceed $250,000;

(4) Whether the investment has the potential to generate returns of two times the amount of TEDCO’s invested capital not more than 8 years from the date of the investment;

(5) Whether the applicant presents a plausible exit strategy for investors;

(6) Whether the applicant can provide access to or information about its partners and customers;

(7) Whether the management team has the skills and ability to effectively secure an institutional venture investment or effectuate a successful exit for investors;

(8) Whether the applicant has the potential to secure institutional venture capital from other investors concurrent with Maryland Venture Fund; and

(9) Except for life science businesses, whether the applicant’s annual growth rate equals or exceeds 20 percent.

.07 Procedures and Guidelines for Investment Decisions.

A. In General. Except as provided in §B and §C of this regulation, TEDCO shall select businesses for investment by Maryland Venture Fund in accordance with the application process set forth in COMAR 14.04.02.

B. Enterprise Fund. For Enterprise Fund investments:

(1) TEDCO may not acquire an ownership interest in a business that exceeds 25 percent of the business; and

(2) Within 15 years of making the investment, TEDCO shall divest itself of the investment.

C. State Small Business Credit Initiative Funds. All investments using proceeds through the Enterprise Fund allocated to the State under the federal State Small Business Credit Initiative Act of 2010 shall comply with 12 U.S.C. 5701 et seq.

 

14.04.07 Investment Committee

Authority: Economic Development Article, §10-408, Annotated Code of Maryland

.01 Purpose.

These regulations establish the Investment Committee of the Board and prescribe the responsibilities of the Investment Committee and the procedures of the Board to appoint the members of the Investment Committee.

.02 Objective.

The objective of the Investment Committee is to advise on and approve the investments as required under the Act.

.03 Investment Committee Established.

A. Established. There is an Investment Committee of the Board.

B. Composition. The Investment Committee shall consist of three directors. Each member of the Investment Committee shall serve for a term of 1 year and until the director’s successor is duly appointed and qualifies.

C. Procedures for Appointment. The Board shall elect the members of the Investment Committee by the same procedures as set forth in the TEDCO Bylaws that the Board uses for the election of officers. In considering directors for appointment to the Investment Committee, the Board and any nominating committee of the Board shall consider appropriate qualifications for serving on the Investment Committee, including:

(1) Relevant professional experience or education in economic development, economics, public policy, investment, finance, or diverse communities; and

(2) Potential conflicts that may impair the director’s ability to participate in the matters before the Investment Committee.

D. Procedures of Investment Committee. A majority of Investment Committee members present in person shall constitute a quorum for the transaction of business at a meeting. All matters brought before the Investment Committee at a properly constituted meeting shall be approved by a majority of the Investment Committee members present. All other procedures of the Committee, including procedures for consents without a meeting and remote meetings, shall be governed by the TEDCO Bylaws or the Investment Committee charter.

.04 Standards for Review and Approval of Investments.

A. Responsibilities of the Committee.

(1) Consider and Determine Substantial Economic Impact. Upon request by Executive Director of TEDCO, the Investment Committee shall determine whether an investment in a business will have a substantial economic impact in the State. If the Investment Committee determines that an investment will have a substantial economic impact in the State, the Investment Committee shall authorize TEDCO to make the investment. If the Investment Committee does not determine that the investment will have a substantial economic impact in the State, the Investment Committee may not authorize TEDCO to make the investment.

(2) Monitor Investments. In addition to any other meeting for the purpose of approving an investment under §A(1) of this regulation, the Investment Committee shall meet at least two times per year to review:

(a) Investments in businesses which TEDCO staff has determined are no longer qualified businesses or no longer satisfy Section 10-401(h)(1)(i) of the Act; and

(b) Reports issued by TEDCO in accordance with §10-415 of the Act.

(3) Post-Investment Determinations. For the first 5 years after making an investment, if TEDCO identifies a business that ceases to be a qualified business, TEDCO shall notify the Investment Committee. To the extent possible and available, TEDCO shall deliver to the Investment Committee information sufficient for the Investment Committee to determine whether the business has had a substantial economic impact in the State or is reasonably projected to have a substantial economic impact in the State.

(4) Information Considered. In considering whether an investment has had or will have a substantial economic impact in the State, the Investment Committee may rely on information provided by TEDCO and may conduct its own investigation.

B. Substantial Economic Impact in the State. The Investment Committee shall determine that a proposed investment in a business will have a substantial economic impact in the State if the proposed investment is reasonably projected to meet the following measures:

(1) For the first $100,000 to be invested by TEDCO, the business will create at least five jobs in the State within 3 years from the date of the investment;

(2) For each $20,000 to be invested in addition to $100,000, the business will create at least one job within 3 years of the investment;

(3) The business will make capital investments in the State in an amount not less than two times the dollar value of the investment by TEDCO within 3 years from the date of the investment; and

(4) The business shall make a contribution to the State’s technology ecosystem in terms of:

(a) A return on the investment to TEDCO to be used for subsequent investment in the State;

(b) The development of products and services beneficial to companies and other persons in the State;

(c) The potential to attract management or additional venture financing to businesses based in the State; or

(d) The development of successful entrepreneurs from diverse communities in the State or the support of communities whose economic development has been impeded by economic distress.

STEPHEN AUVIL
Acting Executive Director

 

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.01 General Regulations

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

Notice of Proposed Action

[19-188-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend Regulations .03, .10, and .12 under COMAR 14.22.01 General Regulations. This action was considered by the Maryland State Commission on Criminal Sentencing Policy at an open meeting held on July 9, 2019, notice of which was given in the June 21, 2019, edition of the Maryland Register pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to indicate modifications to the computation of the offender score in Regulations .03, .10, and .12 under COMAR 14.22.01 General Regulations. These modifications clarify the instructions for scoring part A of the offender score (i.e., relationship to the criminal justice system when the instant offense occurred) when a sentencing event involves two or more criminal offenses, and the defendant was under criminal justice system supervision when one offense occurred but not under criminal justice system supervision when the other offense occurred. The revised instructions allow for part A of the offender score to differ between offenses based on the defendant’s relationship to the criminal justice system at the time of each offense, rather than requiring that part A of the offender score be the same for each offense in the sentencing event.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Road, Suite 309, College Park, MD 20742, or call 301-403-4165, or email to dsoule@umd.edu, or fax to 301-403-4164. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

.03 Sentencing Guidelines Worksheet.

A.—D. (text unchanged)

E. Sentencing Event.

(1)—(2) (text unchanged)

(3) The offender score includes any adult adjudication of guilt prior to the current sentence date and any finding of a delinquent act (i.e., findings of facts sustained at an adjudicatory hearing) within 5 years prior to the date of the most recent instant offense (unless the defense or State can show that a finding of a delinquent act did not result in the youth’s adjudication as delinquent at a juvenile disposition hearing, in which case the finding of a delinquent act shall not be scored as a part of the juvenile record) and, with the possible exception of part A of the offender score (relationship to the criminal justice system), shall be the same for each offense in the sentencing event.

(4) (text unchanged)

F.—G. (text unchanged)

.10 Computation of the Offender Score.

A. (text unchanged)

B. Four Components of the Offender Score.

(1) Relationship to the Criminal Justice System When Instant Offense Occurred. [If the offender was in the criminal justice system as the result of an adjudication of guilt as an adult, the individual completing the worksheet shall assign a score of 1. The offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status at the time the offense was committed. An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment.]

(a) If the offender was in the criminal justice system as the result of an adjudication of guilt as an adult when the instant offense occurred, the individual completing the worksheet shall assign a score of 1.

(b) The offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status at the time the offense was committed.

(c) An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment.

(d) Relationship to the criminal justice system may differ across offenses in multiple offense sentencing events. If there is more than one instant offense and the offender was in the criminal justice system at the time one or more offenses occurred, but not in the criminal justice system at the time additional offense(s) in the sentencing event occurred, the person completing the sentencing guidelines worksheet shall assign a score of 1 to those offenses that were committed while the offender was in the criminal justice system. The person completing the sentencing guidelines worksheet shall assign a score of zero to those offenses that were committed while the offender was not in the criminal justice system.

(2)—(4) (text unchanged)

C. (text unchanged)

.12 Multiple Offense Scoring.

A.—B. (text unchanged)

C. Multiple Criminal Events, One Offense in Each Event.

(1) (text unchanged)

(2) The individual completing the worksheet shall calculate the guideline range for each event’s convicted counts. [The prior criminal adult record is constant throughout the event. A prior adult criminal record score reflects the defendant’s criminal history on the date of sentencing. The prior adult criminal record] With the possible exception of part A (relationship to the criminal justice system), the offender score calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time.

(3)—(4) (text unchanged)

D. Multiple Criminal Events With Multiple Offenses Within One or More Event or Events.

(1)—(3) (text unchanged)

(4) The individual completing the worksheet shall repeat the instruction of §D(2) and (3) of this regulation for each succeeding criminal event. [The prior criminal adult record is constant throughout each event. A prior adult criminal record score reflects the defendant’s criminal history on the date of sentencing. The prior adult criminal record] With the possible exception of part A (relationship to the criminal justice system), the offender score calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time.

(5)—(6) (text unchanged)

DAVID SOULE
Executive Director

 

Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE

Notice of Proposed Action

[19-213-P]

The Maryland Health Benefit Exchange proposes to:

(1) Amend Regulation .04 under COMAR 14.35.02 Individual Exchange Navigator Certification and Training Standards;

(2) Amend Regulations .02—.04 under COMAR 14.35.03 Individual Exchange Navigator Certification — Renewal, Reinstatement, Deactivation, and Suspension or Revocation of Certification;

(3) Amend Regulation .04 under COMAR 14.35.04 Insurance Producer Authorization to Sell Qualified Plans in the SHOP Exchange and Individual Exchange Authority;

(4) Amend Regulation .02 under COMAR 14.35.05 Insurance Producer Authorization ― Renewal, Reinstatement, and Suspension or Revocation of Authorization;

(5) Amend Regulation .06 under COMAR 14.35.08 Captive Producer Training and Authorization Standards;

(6) Amend Regulation .06 under COMAR 14.35.09 Consolidated Service Center Employee Training and Permit Standards;

(7) Repeal existing Regulations .02 and .07, adopt new Regulation .02, amend Regulations .04 and .05, and recodify existing Regulation .08 to be Regulation .07 under COMAR 14.35.12 Application Counselor Sponsoring Entity Designation Standards; and

(8) Repeal existing Regulations .02 and .09, adopt new Regulation .02, amend Regulations .03—.05, and recodify existing Regulation .10 to be Regulation .09 under COMAR 14.35.13 Application Counselor Training and Certification Standards.

Statement of Purpose

The purpose of this action is to amend and update regulations relating to navigator certification and training requirements, insurance producer authorizations, and counselor training requirements. The proposed changes also repeal and replace definitions under COMAR 14.35.12.02 and COMAR 14.35.13.02 and repeal reinstatement provisions under COMAR 14.35.12.07.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Taylor Kasky, Senior Health Policy Analyst, Maryland Health Benefit Exchange, 750 E. Pratt Street, Baltimore, MD 21202, or call 410-547-7971, or email to taylor.kasky2@maryland.gov, or fax to 410-547-7373. Comments will be accepted through November 25, 2019. A public hearing has not been scheduled.

 

14.35.02 Individual Exchange Navigator Certification and Training Standards

Authority: Insurance Article, §§31-106 and 31-113, Annotated Code of Maryland

.04 Training Standards.

A.—E. (text unchanged)

F. Assessment. The Exchange, in consultation with the Maryland Department of Health and with the approval of the Commissioner, shall review, and as appropriate update, the content of the training [at least every 2 years] on a schedule established by the Exchange.

 

14.35.03 Individual Exchange Navigator Certification — Renewal, Reinstatement, Deactivation, and Suspension or Revocation of Certification

Authority: Insurance Article, §§31-106 and 31-113, Annotated Code of Maryland

.02 Renewal.

A. Notice.

(1) (text unchanged)

(2) The notification shall include:

(a)—(b) (text unchanged)

(c) The amount of the renewal fee, if any.

B.—C. (text unchanged)

D. [Exchange] Annual Training.

(1) The Exchange shall:

(a) Schedule the [Exchange Annual] Continuing Education Training on an annual basis; and

(b) (text unchanged)

(2) A certified Individual Exchange navigator shall complete the annual training, including any examination, within 60 days before the open enrollment period during each year of the certification term, including any renewal term.

.03 Reinstatement.

[A. For up to 1 year after the expiration date, an individual whose Individual Exchange navigator certification has expired may apply to reinstate the expired certification by:

(1) Filing a reinstatement application, either by mail or electronically, on a form approved by the Exchange;

(2) Paying to the Exchange the renewal fee if permitted by law and in the manner specified by the Exchange;

(3) Paying to the Exchange a reinstatement fee if permitted by law and in the manner specified by the Exchange;

(4) Submitting evidence to the Exchange that the individual has successfully completed the Exchange Annual Training and the continuing education requirements under Regulation .02C of this chapter; and

(5) Submitting evidence of employment or engagement by a navigator entity.

B. An individual who does not file for reinstatement within 1 year after the expiration date of the Individual Exchange navigator certification shall apply for an Individual Exchange navigator certification under the application procedures set forth in COMAR 14.35.02.03.]

In order to obtain a reinstatement of an Individual Exchange navigator certification, the applicant shall submit to the Exchange an application as required under COMAR 14.35.02.03.

.04 Inactive Certification.

A. [Within 30 days of receiving initial certification, a certified] An Individual Exchange navigator shall provide evidence satisfactory to the Exchange of employment or engagement by a navigator entity before the navigator may become certified.

B. The Exchange may deactivate an individual’s Individual Exchange navigator certification whenever the:

(1) Individual fails to complete the [Exchange] annual training;

(2)—(3) (text unchanged)

[C. Reinstatement of a Deactivated Certification.

(1) Except for those requirements listed in §C(2) of this regulation, a holder of a deactivated Individual Exchange navigator certification shall apply for reinstatement of the certification under the reinstatement procedures set forth in Regulation .03A of this chapter.

(2) Where certification is deactivated due to reasons listed under §B(2) or (3) of this regulation, the Exchange may waive the fees listed under Regulation .03A(2) and (3) of this chapter.]

C. If certification is deactivated due to reasons listed under §B(2) or (3) of this regulation, the Exchange may waive the fees listed under Regulation .02B(3) of this chapter.

 

14.35.04 Insurance Producer Authorization to Sell Qualified Plans in the SHOP Exchange and Individual Exchange Authority

Authority: Insurance Article, §§31-106, 31-112(f), (g), and (h), and
31-113(m), (n), and (o), Annotated Code of Maryland

.04 Training.

A.—B. (text unchanged)

C. The Exchange shall review, and as appropriate update, the content of the SHOP insurance producer authorization training program [at least every 2 years] on a schedule established by the Exchange.

D. (text unchanged)

 

14.35.05 Insurance Producer Authorization ― Renewal, Reinstatement, and Suspension or Revocation of Authorization

Authority: Insurance Article, §§31-106, 31-112(f), (g), and (h), and
31-113(m), (n), and (o), Annotated Code of Maryland

.02 Renewal.

A. Notice.

(1) (text unchanged)

(2) The notification shall include:

(a)—(b) (text unchanged)

(c) The amount of the renewal fee, if any.

B. Eligibility for Renewal. An insurance producer authorization may be renewed for an additional 2-year term if the holder:

(1) (text unchanged)

(2) Files a renewal application[, either by mail or electronically,] on the form provided by the Exchange before the expiration of the authorization;

(3) (text unchanged)

(4) Completes the [Exchange annual training and the continuing education requirements under §C of this regulation] annual training requirements.

[C. Continuing Education. A holder of an insurance producer authorization shall complete at least 8 hours of Exchange-approved continuing education per renewal term.]

[D.] C.—[E.] D. (text unchanged)

 

14.35.08 Captive Producer Training and Authorization Standards

Authority: Insurance Article, §§31-106(c)(1)(iv) and 31-113(p), Annotated Code of Maryland

.06 Certification Term, Renewal, Reinstatement, and Suspension or Revocation.

A.—B. (text unchanged)

[C. Reinstatement. For up to 1 year after the expiration of an authorization, an individual whose captive producer authorization has expired may apply to reinstate the expired authorization in accordance with the requirements set forth under COMAR 14.35.05.03.]

[D.] C. (text unchanged)

 

14.35.09 Consolidated Service Center Employee Training and Permit Standards

Authority: Insurance Article, §§31-106(c)(1)(iv) and 31-113.1, Annotated Code of Maryland

.06 General Permit Requirements.

A.—B. (text unchanged)

[C. Reinstatement. For up to 1 year after the expiration of a permit, an individual whose Individual Exchange CSC enrollment permit has expired may apply to reinstate the Individual Exchange CSC enrollment permit in accordance with the requirements set forth under COMAR 14.35.03.03.]

[D.] C. (text unchanged)

 

14.35.12 Application Counselor Sponsoring Entity Designation Standards

Authority: Insurance Article, §§31-106 and 31-113(r), Annotated Code of Maryland

.02 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Applicant” means a community-based organization, health care provider, unit of State or local government, or other entity applying for designation as an application counselor sponsoring entity.

(2) “Application counselor sponsoring entity” or “sponsoring entity” has the meaning set forth in Insurance Article, §31-101(a-2), Annotated Code of Maryland.

(3) “Certified application counselor” has the meaning set forth in Insurance Article, §31-101(a-1), Annotated Code of Maryland.

(4) “Commissioner” means the Maryland Insurance Commissioner.

(5) “Consolidated Services Center” has the meaning set forth in Insurance Article, §31-101(c-2), Annotated Code of Maryland.

(6) “Individual Exchange” or “Exchange” has the meaning set forth in Insurance Article, §31-101(h), Annotated Code of Maryland.

(7) “Individual Exchange connector entity” has the meaning set forth in Insurance Article, §31-101(k), Annotated Code of Maryland.

(8) “Individual Exchange navigator” has the meaning set forth in Insurance Article, §31-101(i), Annotated Code of Maryland.

(9) “Maryland Health Benefit Exchange” has the meaning set forth in Insurance Article, §31-101(e), Annotated Code of Maryland.

.04 Scope of Authority.

A.—B. (text unchanged)

C. [Where] If a Maryland Medical Assistance Program/Maryland Children’s Health Program eligible consumer seeks further counseling or additional assistance in choosing a managed care organization, a designated application counselor sponsoring entity shall instruct the certified application counselor to refer the consumer to the Consolidated Services Center [or to an Individual Exchange navigator, an assister, or a caseworker, unaffiliated with the certified application counselor’s designated application counselor sponsoring entity.] or to a local agency caseworker.

D. An Individual Exchange connector entity may also be a designated application counselor sponsoring entity only under the following conditions:

(1) No agent, employee, or volunteer of the Individual Exchange connector entity may hold more than a single certification as either an Individual Exchange navigator[, an assister,] or a certified application counselor;

(2) All Individual Exchange connector entity grant funds must be wholly segregated from certified application counselor program funding, if applicable;

(3) No certified application counselor may be compensated in whole or in part from Individual Exchange connector entity grant funding, and no Individual Exchange navigator [or assister] may be compensated in whole or in part from application counselor program funding, if applicable; and

(4) All utilities, computer systems, and other components of operations which are utilized jointly by both the Individual Exchange connector and application counselor programs, incl