(a) Beginning January 1, 2014, subject to subsections (b) and (c) of this section, the Exchange may:
(1) impose user fees, licensing or other regulatory fees, or other assessments that do not exceed reasonable projections regarding the amount necessary to support the operations of the Exchange under this subtitle; or
(2) otherwise generate funding necessary to support its operations under this subtitle.
(b) Any fees, assessments, or other funding mechanisms shall be imposed or implemented, to the maximum extent possible, in a manner that is transparent and broad–based.
(c) Before imposing or altering any fee or assessment established by law, the Exchange shall adopt regulations that specify:
(1) the persons subject to the fee or assessment;
(2) the amount of the fee or assessment; and
(3) the manner in which the fee or assessment will be collected.
(d) Funds collected through any fees, assessments, or other funding mechanisms:
(1) shall be deposited in the Fund;
(2) shall be used only for the purposes authorized under this subtitle; and
(3) may not be used for staff retreats, promotional giveaways, excessive executive compensation, or promotion of federal or State legislative and regulatory actions.
(e) The Exchange may not impose fees or assessments authorized under this section in a manner that would provide a competitive disadvantage to health benefit plans operating outside of the Exchange.
(f) The Exchange shall maintain a website on which it shall publish:
(1) the average amounts of any fees, assessments, or other payments required by the Exchange;
(2) the administrative costs of the Exchange; and
(3) the amount of funds known to be lost through waste, fraud, and abuse.
Structure Maryland Statutes
Title 31 - Maryland Health Benefit Exchange
Subtitle 1 - Maryland Health Benefit Exchange
Section 31-102 - Maryland Health Benefit Exchange Established
Section 31-103 - Applicable Statutory Provisions; Exceptions
Section 31-104 - Board of Trustees
Section 31-105 - Executive Director
Section 31-106 - Powers of Board
Section 31-107 - Maryland Health Benefit Exchange Fund
Section 31-107.1 - Trust Account
Section 31-107.2 - Budget Appropriations
Section 31-108 - Functions and Operations of Exchange
Section 31-109 - Interstate Agreements and Memoranda of Understanding
Section 31-110 - Prerequisites to Making Qualified Plans Available
Section 31-111 - Shop Exchange
Section 31-112 - Shop Exchange Navigator Program
Section 31-113 - Navigator Program for Individual Exchange
Section 31-113.1 - Consolidated Services Center
Section 31-114 - Specific Financial Support for Services Not Required
Section 31-115 - Certification of Health Benefit, Dental, Vision Plans, and Stand-Alone Dental Plans
Section 31-117 - State Reinsurance Program
Section 31-117.1 - Submission of Application; Waivers
Section 31-118 - Funding for Operations of Exchange
Section 31-119 - Administration of Exchange