PARRIS N. GLENDENING, Governor

Ch. 462

(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 § 19-1515 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 MARYLAND
HEALTH CARE ACCESS AND COST COMMISSION between the classes of payors described
under subsection (a)(3) of this section as determined by the Commissioner MARYLAND
HEALTH CARE ACCESS AND COST COMMISSION] IN ACCORDANCE WITH § 19-1515 OF
THE HEALTH GENERAL ARTICLE.

(3)     Of the total assessment apportioned [under paragraph (2) of this
subsection to payors within the meaning of subsection (a)(3)(i) AND (II) of this section]
TO HEALTH INSURERS, NONPROFIT HEALTH SERVICE PLANS, AND HEALTH
MAINTENANCE ORGANIZATIONS, 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

(ii) The denominator of which is the total premiums for health benefit
plans of all such payors collected in the State for the same period.

[(4) Of the total assessment apportioned under paragraph (2) of this
subsection to payors within the meaning of subsection (a)(3)(ii) (III) of this section, the
Commissioner shall assess each such payor a fraction:

(i) The numerator of which is the payor's total administrative fees
collected in the State for health benefit plans for an appropriate prior 12-month period
as determined by the Commissioner ONE; and

(ii) The denominator of which is the total administrative fees of all
NUMBER OF such payors collected in the State for health benefit plans for the same
period.]

(4)     OF THE TOTAL ASSESSMENT APPORTIONED TO THIRD PARTY
ADMINISTRATORS OR ANY OTHER ENTITY UNDER CONTRACT WITH A MARYLAND
BUSINESS TO ADMINISTER HEALTH BENEFITS, THE COMMISSIONER SHALL MAKE
THE ASSESSMENT IN THE AMOUNT SET BY THE COMMISSION UNDER § 19-1515 OF THE
HEALTH GENERAL ARTICLE.

(5)     NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBSECTION,
THE FEE ASSESSED ON A THIRD PARTY ADMINISTRATOR MAY NOT EXCEED 0.5% OF
THE TOTAL ADMINISTRATIVE FEES FOR HEALTH BENEFIT PLANS COLLECTED IN
THE STATE BY THE THIRD PARTY ADMINISTRATOR FOR THE PREVIOUS CALENDAR
YEAR.

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