Ch. 9

1993 LAWS OF MARYLAND

(4) THE COMMISSIONER SHALL APPORTION THE FEE AMONG THE
PAYORS SUBJECT TO ASSESSMENT UNDER THIS SECTION BASED ON THE RATIO OF
EACH PAYOR'S TOTAL PREMIUMS COLLECTED IN THE STATE TO THE TOTAL
COLLECTED PREMIUMS OF ALL PAYORS IN THE STATE.

(C) ON OR BEFORE SEPTEMBER 1 OF EACH YEAR, EACH PAYOR ASSESSED A
FEE IN ACCORDANCE WITH THIS SECTION SHALL MAKE PAYMENT TO THE
COMMISSIONER,

(D) ON OR BEFORE SEPTEMBER 30 OF EACH YEAR, THE COMMISSIONER
SHALL FORWARD TO THE MEDICAL CARE DATA REVIEW COMMISSION THE FEES
ASSESSED UNDER THIS SECTION.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "HEALTH BENEFIT PLAN" HAS THE MEANING STATED IN § 698 OF THIS
ARTICLE.

(3) "PAYOR" MEANS:           

(I) A HEALTH INSURER, NONPROFIT HEALTH SERVICE PLAN, OR
HEALTH MAINTENANCE ORGANIZATION THAT HOLDS A CERTIFICATE OF AUTHORITY TO
OFFER HEALTH INSURANCE POLICIES OR CONTRACTS IN THE STATE UNDER THIS
ARTICLE; OR

(II) A THIRD PARTY ADMINISTRATOR OR ANY OTHER ENTITY UNDER
CONTRACT WITH A MARYLAND BUSINESS TO ADMINISTER HEALTH CARE BENEFITS.

(B) (1) ON OR BEFORE JUNE 30 OF EACH YEAR, THE COMMISSIONER SHALL
ASSESS EACH PAYOR A FEE FOR THE UPCOMING FISCAL YEAR ESTABLISHED IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND § 19-1514 OF THE HEALTH -
GENERAL ARTICLE.

(2) FOR EACH FISCAL YEAR, THE TOTAL ASSESSMENT FOR ALL PAYORS
SHALL BE:

(I) SET BY A MEMORANDUM FROM THE MARYLAND HEALTH CARE
ACCESS AND COST COMMISSION; AND

(II) APPORTIONED EQUITABLY BY THE COMMISSIONER BETWEEN THE
CLASSES OF PAYORS DESCRIBED UNDER SUBSECTION (A)(1) AND (2) OF THIS SECTION AS
DETERMINED BY THE COMMISSIONER.

(3) OF THE TOTAL ASSESSMENT APPORTIONED UNDER PARAGRAPH (2) OF
THIS SUBSECTION TO PAYORS WITHIN THE MEANING OF SUBSECTION (A)(3)(I) OF THIS
SECTION, THE COMMISSIONER SHALL ASSESS EACH SUCH PAYOR A FRACTION:

(I) THE NUMERATOR OF WHICH IS THE PAYOR'S TOTAL PREMIUMS
COLLECTED IN THE STATE FOR HEALTH BENEFIT PLANS FOR AN APPROPRIATE PRIOR
12-MONTH PERIOD AS DETERMINED BY THE COMMISSIONER; AND

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