Ch. 35

1997 LAWS OF MARYLAND

(2) ONLY ONE OF ITS ELIGIBLE EMPLOYEES IS NOT COVERED UNDER
ANY PUBLIC OR PRIVATE HEALTH BENEFIT PLAN OR OTHER HEALTH BENEFIT
ARRANGEMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 698(q)(1), (2), (4), (5), (6), (7), and (8). It is
revised as a substantive provision instead of a definition.

In subsection (b)(1)(ii) of this section, the former references to "sole
proprietor", "firm", "corporation", "partnership", and "association" are
deleted in light of the defined term "person".

Also in subsection (b)(1)(ii) of this section, the reference to the "governing
body" of specified local government entities is substituted for the former
reference to a "local government body" to reflect the term more commonly
used to describe local governments. Similarly, references to appropriate
articles of the Maryland Constitution are substituted for the former references
to articles of the Code for accuracy.

In subsection (b)(3) of this section, the reference to the "group size specified
under paragraph (1)(i) of this subsection" is substituted for the former
reference to the "number of eligible employees who meet the requirements
under paragraph (1)(i) of this subsection" for brevity and conformity with
terminology used in subsection (2)(ii) of this section and elsewhere in this
subtitle. See, e.g., § 15-1209(d)(2) of this subtitle.

In subsection (b)(3)(ii)2 of this section, the phrase "as described in §
15-1210(a)(l)(ii) of this subtitle", which modifies "part-time employee", is
added because the term "part-time employee" is no longer defined for this
subtitle and the definition has been incorporated into § 15-1210(a)(1)(ii) of
this subtitle.

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that it is not clear whether the limitations on part-time
employees that existed under the defined term "part-time employee" under
former Art. 48A, § 698(k) (i.e., those who have a normal workweek of at least
17 1/2 but not more than 30 hours per week and who have been continuously
employed for at least 4 consecutive months) were intended to apply in the
context of subsection (b)(3)(ii)2 of this section. If this limitation applies, a
part-time employee who works between 17 1/2 and 30 hours would not be
counted as an eligible employee to determine whether an employer is a small
employer under this subtitle, but a part-time employee who works less than 17
1/2 hours could be counted. A cross-reference to § 15-1210(a)(1)(ii) of this
subtitle, which retains the limitations on the term part-time employee, is
included in subsection (b)(3)(ii)2 of this section because that provision was
enacted with the definition under Ch. 501, Acts of 1995. However, the
General Assembly may wish to consider legislation to clarify the meaning of
part-time employee as used in subsection (b)(3)(ii)2 of this section.

As to the revision of former Art. 48A, § 698(q)(3), which placed a limitation

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