Section 31-102 – Maryland Health Benefit Exchange Established
(a) There is a Maryland Health Benefit Exchange. (b) (1) The Exchange is a body politic and corporate and is an instrumentality of the State. (2) The Exchange is a public corporation and a unit of State government. (3) The exercise by the Exchange of its authority under this subtitle is an essential governmental function. (c) The purposes of the Exchange […]
Section 31-103 – Applicable Statutory Provisions; Exceptions
(a) The Exchange is subject to: (1) the following provisions of the General Provisions Article: (i) Title 3 (Open Meetings Act); (ii) Title 4 (Public Information Act); and (iii) Title 5 (Maryland Public Ethics Law); (2) the following provisions of the State Finance and Procurement Article: (i) Title 3A, Subtitle 3 (Information Processing), to the extent that the Secretary of Information Technology […]
Section 31-104 – Board of Trustees
(a) There is a Board of Trustees of the Exchange. (b) The Board consists of the following members: (1) the Secretary of Health; (2) the Commissioner; (3) the Executive Director of the Maryland Health Care Commission; and (4) the following members appointed by the Governor, with the advice and consent of the Senate: (i) three members who: 1. represent the interests of employers […]
Section 31-105 – Executive Director
(a) (1) With the approval of the Governor, the Board shall appoint an Executive Director of the Exchange. (2) The Executive Director shall serve at the pleasure of the Board. (3) The Board shall determine the appropriate compensation for the Executive Director. (b) Under the direction of the Board, the Executive Director shall: (1) be the chief administrative officer of the […]
Section 31-106 – Powers of Board
(a) Subject to any limitations under this subtitle or other applicable law, the Board shall have all powers necessary or convenient to carry out the functions authorized by the Affordable Care Act and consistent with the purposes of the Exchange. (b) The enumeration of specific powers in this subtitle is not intended to restrict the Board’s power […]
Section 31-107 – Maryland Health Benefit Exchange Fund
(a) There is a Maryland Health Benefit Exchange Fund. (b) (1) The purpose of the Fund is to: (i) provide funding for the operation and administration of the Exchange in carrying out the purposes of the Exchange under this subtitle; (ii) provide funding for the establishment and operation of the State Reinsurance Program authorized under this subtitle; (iii) provide funding for […]
Section 31-107.1 – Trust Account
(a) The Board shall establish a trust account to hold premium payments accepted from qualified plan enrollees and small employers by the Exchange on behalf of a carrier under contract or other agreement. (b) The trust account may be used only to hold a premium payment until the Exchange transmits the premium payment to the carrier on […]
Section 31-107.2 – Budget Appropriations
(a) (1) For State fiscal year 2015 and for each State fiscal year thereafter, from the funds received from the distribution of the premium tax under § 6–103.2 of this article, the Governor shall provide an appropriation in the State budget adequate to fully fund the operations of the Exchange. (2) (i) For State fiscal year 2015, the appropriation […]
Section 31-108 – Functions and Operations of Exchange
(a) On or before January 1, 2014, the functions and operations of the Exchange shall include at a minimum all functions required by § 1311(d)(4) of the Affordable Care Act. (b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange shall: (1) make qualified plans available to qualified individuals and qualified employers; (2) allow a carrier […]
Section 31-109 – Interstate Agreements and Memoranda of Understanding
(a) Subject to subsection (b) of this section, the Exchange may enter into agreements or memoranda of understanding with another state to: (1) develop joint or reciprocal certification processes; (2) develop consistency in qualified plans offered across states; and (3) coordinate resources for administrative processes necessary to support: (i) certification of qualified plans; and (ii) other functions of the Exchange. (b) Any […]