Ch. 35

1997 LAWS OF MARYLAND

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

(II) APPORTIONED EQUITABLY BY THE MARYLAND HEALTH CARE
ACCESS AND COST COMMISSION AMONG THE CLASSES OF PAYORS DESCRIBED IN
SUBSECTION (A)(3) OF THIS SECTION AS DETERMINED BY THE MARYLAND HEALTH
CARE ACCESS AND COST COMMISSION.

(2) OF THE TOTAL ASSESSMENT APPORTIONED UNDER PARAGRAPH (1)
OF THIS SUBSECTION TO PAYORS DESCRIBED IN SUBSECTION (A)(3)(I) AND (II) OF
THIS SECTION, THE COMMISSIONER SHALL ASSESS EACH 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
COLLECTED IN THE STATE FOR THE SAME PERIOD FOR HEALTH BENEFIT PLANS OF
ALL PAYORS DESCRIBED IN SUBSECTION (A)(3)(I) AND (II) OF THIS SECTION.

(3) OF THE TOTAL ASSESSMENT APPORTIONED UNDER PARAGRAPH (1)
OF THIS SUBSECTION TO PAYORS DESCRIBED IN SUBSECTION (A)(3)(III) OF THIS
SECTION, THE COMMISSIONER SHALL ASSESS EACH PAYOR A FRACTION;

(I) THE NUMERATOR OF WHICH IS ONE; AND

(II) THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF ALL
PAYORS DESCRIBED IN SUBSECTION (A)(3)(III) OF THIS SECTION.

(4) NOTWITHSTANDING ANY OTHER PROVISION 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.

(D) PAYMENT OF FEES.

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, EACH PAYOR
THAT IS ASSESSED A FEE UNDER THIS SECTION SHALL PAY THE FEE TO THE
COMMISSIONER ON OR BEFORE SEPTEMBER 1 OF EACH YEAR.

(2) THE COMMISSIONER, IN COOPERATION WITH THE MARYLAND
HEALTH CARE ACCESS AND COST COMMISSION, MAY PROVIDE FOR PARTIAL
PAYMENTS.

(E) DISTRIBUTION OF FEES.

THE COMMISSIONER SHALL DISTRIBUTE THE FEES COLLECTED UNDER THIS
SECTION TO THE HEALTH CARE ACCESS AND COST FUND ESTABLISHED UNDER §
19-1515 OF THE HEALTH - GENERAL ARTICLE.

(F) COOPERATION REQUIRED.

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