05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.20.05.01—.12 •
49:25 Md. R. 1054 (12-2-22)
07 DEPARTMENT OF HUMAN SERVICES
07.02.01.10 • 49:9 Md. R. 532
(4-22-22)
08 DEPARTMENT OF NATURAL
RESOURCES
08.03.09.11 •
50:2 Md. R. 52 (1-27-23)
09 MARYLAND DEPARTMENT OF LABOR
09.01.12.01—.08 • 50:2 Md. R. 55 (1-27-23)
09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)
09.09.03.03 • 49:25 Md. R. 1057 (12-2-22)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.12.50.02,.02-1,.03 • 50:2 Md. R. 55 (1-27-23)
(ibr)
09.12.51.04 • 50:2 Md. R. 55 (1-27-23)
09.12.57.01,.02 • 50:2 Md. R. 62 (1-27-23) (ibr)
09.12.58.03,.04 • 50:2 Md. R. 63 (1-27-23) (ibr)
09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)
09.19.02.04 • 50:3 Md. R. 91 (2-10-23)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.22.04.01—.10 • 50:3 Md. R. 92 (2-10-23)
50:4 Md. R. 135 (2-24-23) (corr)
09.37.05.01—.08 •
49:26 Md. R. 1083 (12-16-22)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.01.03,.06 •
50:4 Md. R. 135 (2-24-23)
10.09.02.01,.03—.05,.07—.09,.11
• 50:1 Md. R. 11 (1-13-23) (ibr)
10.09.05.01,.03—.07
• 49:27 Md. R. 1113 (12-30-22)
10.09.09.01,.03—.07
• 50:6 Md. R. 220 (3-24-23) (ibr)
10.09.10.07,.08 •
50:6 Md. R. 221 (3-24-23)
10.09.12.06,.07 •
50:6 Md. R. 222 (3-24-23)
10.09.15.03,.07 •
50:4 Md. R. 136 (2-24-23)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.17.03,.04 •
50:4 Md. R. 139 (2-24-23)
10.09.21.02—.04,.06
• 50:2 Md. R. 64 (1-27-23)
10.09.23.01,.01-1,.03—.05,.07,
.08 • 50:6 Md. R. 224 (3-24-23)
(ibr)
10.09.27.01,.03—.06
• 50:6 Md. R. 225 (3-24-23)
10.09.31.01,.03—.06
• 49:22 Md. R. 982 (10-21-22)
10.09.33.01,.02,.06,.07,.09
• 50:6 Md. R. 227 (3-24-23)
10.09.34.06 •
50:6 Md. R. 228 (3-24-23)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.04,.07 •
49:16 Md. R. 762 (7-29-22)
10.09.46.01,.04,.05,.09-1,.12
• 50:2 Md. R. 65 (1-27-23)
10.09.48.08 •
50:6 Md. R. 229 (3-24-23)
10.09.49.03—.10 •
49:24 Md. R. 1028 (11-18-22)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.55.03,.06 •
49:27 Md. R. 1115 (12-30-22)
10.09.56.22 •
50:4 Md. R. 140 (2-24-23)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.77.01,.03—.07,.10
• 50:1 Md. R. 21 (1-13-23)
10.09.80.01,.05,.06,.08
• 50:4 Md. R. 141 (2-24-23)
10.09.89.09—.12,.14
• 50:6 Md. R. 230 (3-24-23)
10.09.95.05 •
49:23 Md. R. 999 (11-4-22)
10.09.96.01,.02,.05,.06
• 49:24 Md. R. 1028 (11-18-22)
Subtitles 10—22 (3rd volume)
10.15.07.01 • 49:27 Md. R. 1116
(12-30-22) (ibr)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
10.32.01.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.10 •
49:16 Md. R. 769 (7-29-22)
10.34.14.01,.03,.03-1
• 50:3 Md. R. 96 (2-10-23)
Subtitles 37—52 (5th volume)
10.37.01.02 •
50:2 Md. R. 67 (1-27-23) (ibr)
10.37.10.03,.04,.05
• 50:3 Md. R. 97 (2-10-23)
10.37.10.26 •
49:18 Md. R. 822 (8-26-22)
10.38.13.01—.06 •
50:1 Md. R. 22 (1-13-23)
10.40.12.01—.06 •
49:26 Md. R. 1085 (12-16-22)
10.41.06.01—.06 •
49:26 Md. R. 1087 (12-16-22)
10.42.10.01—.06 •
49:26 Md. R. 1088 (12-16-22)
10.43.17.01—.06 •
50:2 Md. R. 68 (1-27-23)
10.46.08.01—.06 •
49:27 Md. R. 1116 (12-30-22)
10.47.07.02—.05-1,.07—.09
• 50:1 Md. R. 24 (1-13-23)
Subtitles 53—68 (6th volume)
10.56.10.01—.06 •
49:27 Md. R. 1117 (12-30-22)
10.58.06.01—.06 •
49:26 Md. R. 1090 (12-16-22)
10.58.16.02,.13—.19
• 49:26 Md. R. 1090 (12-16-22)
10.60.01.01 •
50:1 Md. R. 26 (1-13-23)
10.60.02.06 •
50:1 Md. R. 26 (1-13-23)
10.60.03.01 •
50:1 Md. R. 26 (1-13-23)
10.60.06.01 •
50:1 Md. R. 26 (1-13-23)
10.62.01.01 •
50:3 Md. R. 98 (2-10-23)
10.62.06.01,.02 •
50:3 Md. R. 98 (2-10-23)
10.62.08.07,.08,.14
• 50:3 Md. R. 98 (2-10-23)
10.62.09.05 •
50:3 Md. R. 98 (2-10-23)
10.62.11.02,.04 •
50:3 Md. R. 98 (2-10-23)
10.62.12.06,.09 •
50:3 Md. R. 98 (2-10-23)
10.62.17.01 •
50:3 Md. R. 98 (2-10-23)
10.62.18.10 •
50:3 Md. R. 98 (2-10-23)
10.62.19.07,.12 •
50:3 Md. R. 98 (2-10-23)
10.62.20.05 •
50:3 Md. R. 98 (2-10-23)
10.62.21.06 •
50:3 Md. R. 98 (2-10-23)
10.62.22.03,.05,.06
• 50:3 Md. R. 98 (2-10-23)
10.62.23.02,.03,.07
• 50:3 Md. R. 98 (2-10-23)
10.62.25.08,.10,.13
• 50:3 Md. R. 98 (2-10-23)
10.62.26.05 •
50:3 Md. R. 98 (2-10-23)
10.62.28.03,.05,.06
• 50:3 Md. R. 98 (2-10-23)
10.62.30.03—.05,.08
• 50:3 Md. R. 98 (2-10-23)
10.62.33.06 •
50:3 Md. R. 98 (2-10-23)
10.63.01.02,.05 •
50:4 Md. R. 143 (2-24-23)
10.63.02.02 •
50:4 Md. R. 143 (2-24-23)
10.63.03.20,.21 •
50:4 Md. R. 143 (2-24-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.06.04 •
50:2 Md. R. 64 (1-27-23)
10.67.06.26-6 •
49:22 Md. R. 982 (10-21-22)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 11—23 (MVA)
11.21.01.02,.04-1,.04-2,.04-4,.04-5,.07,.08,
.11—.13 • 50:3 Md. R. 103
(2-10-23)
13A STATE BOARD OF EDUCATION
13A.03.02.02,.04,.06,.07,.09,.09-1
• 49:9 Md. R. 533 (4-22-22)
13A.03.05.02—.04
• 49:26 Md. R. 1093 (12-16-22)
50:3 Md. R. 103 (2-10-23) (corr)
13A.05.14.01—.13
• 50:4 Md. R. 151 (2-24-23)
13A.07.06.01—.15
• 49:1 Md. R. 39 (1-3-22) (ibr)
13A.12.01.01—.14
• 49:2 Md. R. 92 (1-14-22)
13A.12.02.01—.29
• 49:2 Md. R. 92 (1-14-22)
13A.12.03.01—.12
• 49:2 Md. R. 92 (1-14-22)
13A.12.04.01—.16
• 49:2 Md. R. 92 (1-14-22)
13A.12.05.01—.15
• 49:2 Md. R. 92 (1-14-22)
13A.12.06.01—.09
• 49:2 Md. R. 92 (1-14-22)
13A.12.07.01—.08
• 49:2 Md. R. 92 (1-14-22)
13A.15.01.02 •
49:24 Md. R. 1032 (11-18-22)
13A.15.04.03 •
49:24 Md. R. 1032 (11-18-22)
13A.15.13.01—.10
• 49:24 Md. R. 1032 (11-18-22)
13A.15.14.01—.09
• 49:24 Md. R. 1032 (11-18-22)
13A.15.15.01—.08
• 49:24 Md. R. 1032 (11-18-22)
13A.15.16.01—.04
• 49:24 Md. R. 1032 (11-18-22)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.01.01.17 •
50:4 Md. R. 153 (2-24-23)
13B.02.06.01,.06,.11,.14
• 50:4 Md. R. 153 (2-24-23)
13B.03.01.03,.13
• 50:4 Md. R. 155 (2-24-23)
13B.07.02.03 •
50:4 Md. R. 156 (2-24-23)
13B.08.01.02 •
49:16 Md. R. 772 (7-29-22)
13B.08.12.01—.08
• 50:4 Md. R. 156 (2-24-23)
13B.08.13.03 •
49:17 Md. R. 802 (8-12-22)
13B.08.14.02,.06,.07
• 49:17 Md. R. 803 (8-12-22)
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.04.09.01—.04 •
49:9 Md. R. 536 (4-22-22)
14.40.04.01—.03 •
50:2 Md. R. 70 (1-27-23)
14.40.05.03,.04 •
50:2 Md. R. 71 (1-27-23)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.20.01—.11 •
50:3 Md. R. 104 (2-10-23)
20 PUBLIC SERVICE
COMMISSION
20.51.01.02 • 50:6 Md. R. 232
(3-24-23)
20.51.02.03,.10 • 50:6 Md. R. 232
(3-24-23)
20.53.01.02 • 50:6 Md. R. 234
(3-24-23)
20.53.03.02 • 50:6 Md. R. 234
(3-24-23)
20.53.04.02 • 50:6 Md. R. 234
(3-24-23)
20.53.07.02,.05,.07,.08,.10,.12—.14
• 50:6 Md. R. 234 (3-24-23)
20.54.01.02 • 50:6 Md. R. 237
(3-24-23)
20.54.02.03,.10 • 50:6 Md. R. 237
(3-24-23)
20.59.01.02 • 50:6 Md. R. 238
(3-24-23)
20.59.03.02 • 50:6 Md. R. 238
(3-24-23)
20.59.04.02 • 50:6 Md. R. 238
(3-24-23)
20.59.07.02,.05,.07,.08,.10,.12—.14
• 50:6 Md. R. 238 (3-24-23)
20.61.01.03 • 50:6 Md. R. 241
(3-24-23)
20.61.02.01,.03 • 50:6 Md. R. 241
(3-24-23)
20.61.05.01 • 50:6 Md. R. 241
(3-24-23)
20.61.06.01—.03,.06,.12,.18 •
50:6 Md. R. 241 (3-24-23)
21 STATE PROCUREMENT
REGULATIONS
21.11.11.01,.06,.07 • 50:2 Md. R.
72 (1-27-23)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.37 • 50:3
Md. R. 106 (2-10-23) (ibr)
26.04.12.01—.07 • 50:2 Md. R. 73
(1-27-23)
Subtitles 08—12 (Part 2)
26.11.19.20 •
49:27 Md. R. 1119 (12-30-22)
26.11.42.01—.11 •
49:27 Md. R. 1119 (12-30-22) (ibr)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.08.05.13 •
50:1 Md. R. 37 (1-13-23)
30.08.08.01—.22 •
50:5 Md. R. 184 (3-10-23)
31 MARYLAND INSURANCE
ADMINISTRATION
31.10.44.02—.11 •
50:4 Md. R. 160 (2-24-23)
33 STATE BOARD OF ELECTIONS
33.01.07.01—.06 •
49:9 Md. R. 537 (4-22-22)
33.13.02.03 • 50:5 Md. R. 190
(3-10-23)
33.13.10.01,.04 • 50:5 Md. R. 190
(3-10-23)
33.13.20.03 • 50:5 Md. R. 190
(3-10-23)
33.13.22.01—.03,.05—.07 • 50:5
Md. R. 190 (3-10-23)
33.13.23.01—.11 • 50:5 Md. R. 190
(3-10-23)
33.18.01.02 • 50:5 Md. R. 190
(3-10-23)
The Governor
EXECUTIVE ORDER 01.01.2023.02
Reorganization of State Government — The Department
of Service and Civic Innovation
Submitted to the
President of the Senate and the Speaker of the House of Delegates of Maryland
Date: January 19,
2023
AN EXECUTIVE ORDER
PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND
AN EXECUTIVE ORDER concerning:
Reorganization of State Government — The Department of
Service and Civic Innovation
FOR the purpose of establishing
the Department of Service and Civic Innovation and assigning the units of the Governor’s
Office on Service and Volunteerism, the Governor’s Commission on Service and Volunteerism,
and Maryland Corps to the Department of Service and Civic Innovation; requiring
the Department of Service and Civic Innovation to perform certain duties; establishing
the role of Secretary of Service; and generally relating to reorganization of the
government.
BY repealing and reenacting, with amendments,
Article – Education
Section 15–106.9(b)
Annotated Code of Maryland
[2022 Replacement Volume]
BY repealing and reenacting with amendments,
Article – State Government
Section 8–201
Annotated Code of Maryland
(2021 Replacement Volume and
2022 Supplement)
BY adding to
Article – State Government
Section 9–2801 through 9–2808 to be under the new subtitle “Subtitle 28. Department of Service and
Civic Innovation”
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
By transferring,
Article – Education
Section 24–1101 through 24–1110, respectively, and the subtitle “Subtitle 11. Maryland Corps Program”
Annotated Code of Maryland
[2022 Replacement Volume]
to be
Article – State Government
Section 9–2811 through 9–2821, respectively, and the part “Part II. Maryland Corps Program”
Annotated Code of Maryland
[2021 Replacement Volume and 2022 Supplement]
By renumbering,
Article – State Government
Section 9.5–201 through 9.5–206, respectively, and the subtitle “Subtitle 2. Governor’s Office on
Service and Volunteerism”
to be Section 9–2824 through Section 9–2829, respectively, and the part “Part III. Governor’s Office on
Service and Volunteerism”
Annotated Code of Maryland
[2021 Replacement Volume and 2022 Supplement]
Preamble
WHEREAS, Marylanders of all backgrounds can
improve and empower their communities and become empowered through service;
WHEREAS, service can help provide future community
leadership and build a stronger sense of community and service throughout the State
of Maryland;
WHEREAS, the rising costs of postsecondary education
are putting higher education out of reach for an increasing number Marylanders;
WHEREAS, service can create new opportunities
for students to access good jobs and develop professional skills;
WHEREAS, nonprofit organizations, local governments,
State Government, and Federal Government already support a variety of service programs
that deliver needed services in a cost-effective manner; now, therefore,
SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND, PURSUANT TO ARTICLE
II, SECTION 24 OF THE CONSTITUTION OF MARYLAND, That the laws of Maryland read as
follows:
Article
– Education
15–106.9.
(b) For in–State tuition purposes, a public senior higher education
institution shall waive the in–State residency requirement for an individual who
has completed:
(1) All service hours for an AmeriCorps Program in the State; or
(2) A service program under the Maryland Corps Program under [Title
24, Subtitle 11 of this] TITLE 9, SUBTITLE 28 OF THE STATE GOVERNMENT
article.
Article
– State Government
8–201.
(a) The Executive Branch of the State government shall have not more
than 21 principal departments, each of which shall embrace a broad, functional area
of that Branch.
(b) The principal departments of the Executive Branch of the State government
are:
(1) Aging;
(2) Agriculture;
(3) Budget and Management;
(4) Commerce;
(5) Disabilities;
(6) Emergency Management;
(7) the Environment;
(8) General Services;
(9) Health;
(10) Housing and Community Development;
(11) Human Services;
(12) Information Technology;
(13) Juvenile Services;
(14) Labor;
(15) Natural Resources;
(16) Planning;
(17) Public Safety and Correctional Services;
(18) Service and Civic Innovation;
[(18)] (19) State Police;
[(19)] (20) Transportation; and
[(20)] (21) Veterans Affairs.
Title 9. Miscellaneous Agencies
Subtitle 28. Department of
Service and Civic Innovation.
Part I. General Provisions
9-2801.
(a) In this subtitle the following words have the meanings
indicated.
(b) “Department” means the Department of Service and Innovation.
(c) “Secretary” means the secretary of service and innovation.
9-2802.
(a) There is a Department of Service and Civic Innovation.
(b) The purpose of the
Department is to promote service and volunteerism in the State.
9-2803.
(a) The Secretary of Service and Civic Innovation shall be appointed
by the Governor with the advice and consent of the Senate.
(b) The Secretary is the
head of the department and a member of the Governor’s Executive Council.
(c) The Secretary shall take the oath required by Article I, § 9 of
the Constitution before taking office.
9-2804.
(a) The Secretary serves at the pleasure of the Governor and is
responsible directly to the Governor.
(b) The Secretary shall advise the Governor on all matters assigned
to the Department and is responsible for carrying out the Governor’s policies
on those matters.
(c) The Secretary is responsible for the operation of the Department
and shall establish guidelines and procedures to promote the orderly and
efficient operation of the Department.
(d) The Secretary may establish, reorganize, or abolish areas of
responsibility in the Department as necessary to fulfill the duties assigned to
the Secretary.
(e) The Secretary is
entitled to the compensation provided in the State budget.
9-2805.
(a) The Secretary shall:
(1) promote service and volunteerism in the State by partnering with
the federal government, local governments, and nongovernmental entities to
fulfill the purposes of this subtitle; and
(2) identify and expand initiatives to increase service and volunteerism
in the State to create opportunities and strengthen communities.
(b) The Secretary may adopt
regulations to carry out the provisions of law that are within the jurisdiction
of the Secretary.
9-2806.
The Department shall:
(1) promote the use of volunteers in State and local government,
businesses, and nonprofit entities;
(2) coordinate and oversee the activities of the Maryland Corps
Program, Governor’s Commission on Service and Volunteerism and Governor’s
Office on Service and Volunteerism;
(3) develop model programs for statewide clearinghouse, skill banks,
or information centers for volunteers and projects in the State and implement
such programs;
(4) plan and execute volunteer recognition events for State
volunteers and provide technical assistance and support for recognition events
in the private section in order to increase the visibility and status of
volunteers and their accomplishments;
(5) administer the Maryland Service Corps Program, the Executive
Fellows Program, and other volunteer programs as may be recommended by or
designated by the Governor or otherwise provided by law;
(6) maintain liaison with national and State volunteerism groups to
obtain information on federal, State, and private resources that may enhance
volunteer projects within the State;
(7) conduct studies and make recommendations to improve volunteer
recruitment and training, volunteer retention, and accountability of volunteer
programs; and
(8) provide staff support to the Governor’s Volunteer Council.
9-2807.
(a) The Attorney General is the legal adviser to the Department.
(b) The Attorney General
shall assign to the Department the number of assistant attorneys general that
are authorized by law.
9-2808.
On or before December 1 of each year, the Secretary shall report to
the Governor, and in accordance with 2-1257 of the State Government Article,
the General Assembly on the activities of the Department.
9-2809. Reserved.
9-2810. Reserved.
SECTION 2. AND BE IT FURTHER ORDERED, That Section(s)
24-1101 through 24-1110, respectively, and the subtitle “Subtitle 11. Maryland Corps
Program” of Article — Education of the Annotated Code of Maryland be transferred
to be Section(s) 9-2811 through 9-2821, respectively, and the part “Part II. Maryland
Corps Program” of Article—State Government of the Annotated Code of Maryland.
SECTION 3. AND BE IT FURTHER ORDERED, That Section(s)
9.5-201 through 9.5-206, respectively, and the subtitle “Subtitle 2. Governor’s
Office on Service and Volunteerism” of Article—State Government of the Annotated
Code of Maryland be renumbered to be Section (s) 9-2824 through 9-2829, respectively,
and the part “Part III. Governor’s Office of Service and Volunteerism”.
SECTION 4. AND BE IT FURTHER ORDERED, That Section(s)
9.5-204(5) through 9.5-204(10 of Article – State Government of the Annotated Code
of Maryland be repealed.
SECTION 5. AND BE IT FURTHER ORDERED, That all
persons who, as of the effective date of this Order, are employed in the Maryland
Corps Program or the Governor’s Office of Service and Volunteerism are hereby transferred
to the Department of Service and Civic Innovation without any change or loss of
rights or status, and shall retain their merit system and retirement system status.
SECTION 6. AND BE IT FURTHER ORDERED, That any
transaction affected by or arising from any statute here amended, repealed, or transferred,
and validly entered into before the effective date of this Order and every right,
duty, or interest flowing from it remains valid after the effective date and may
be terminated, completed, consummated, or enforced pursuant to law.
SECTION 7. AND BE IT FURTHER ORDERED, That all
rules and regulations, proposed rules and regulations, standards and guidelines,
proposed standards and guidelines, orders and other directives, forms, plans, memberships,
special funds, appropriations, grants, applications for grants, contracts, property,
investigations, administrative and judicial proceedings, rights to sue and be sued,
and all other duties and responsibilities associated with those functions transferred
by this Order shall continue in effect under the Maryland Corps Program and the
Governor’s Office of Service and Volunteerism upon transfer to the Department of
Service and Civic Innovation.
SECTION 8. AND BE IT FURTHER ORDERED, That any
unexpended appropriation for the purpose of financing the Maryland Corps Program
or the Governor’s Office of Service and Volunteerism shall be transferred by approved
budget amendment to the Department of Service and Civic Innovation.
SECTION 9. AND BE IT FURTHER ORDERED, that the
publisher of the Annotated Code of Maryland, in consultation with and subject to
the approval of the Department of Legislative Services, shall correct, with no further
action required by the General Assembly, cross-references and terminology rendered
incorrect by this Executive Order. The publisher shall adequately describe any correction
that is made in an editor’s note following the section affected.
SECTION 10. AND BE IT FURTHER ORDERED, that
the provisions of this Order shall in no way diminish or infringe any rights, responsibilities,
power or duties conferred by the Constitution of the State of Maryland and the Annotated
Code of Maryland.
SECTION 11. AND BE IT FURTHER ORDERED, That
this executive order shall become effective and have the force of law on the 19th
day of January, 2023, unless specifically disapproved within 50 days after submission
by a resolution of disapproval concurred in by a majority vote of all members of
either House of the General Assembly.
GIVEN under my Hand and the Great Seal of Maryland, in the City of Annapolis,
this 19th day of January, 2023.
WES MOORE
Governor of Maryland
ATTEST:
Susan C. Lee
Acting Secretary of State
[23-06-01]
EXECUTIVE ORDER 01.01.2023.03
Reporting of Procurement Activity
and Minority Business Enterprise Compliance
WHEREAS, In 1978, the
State of Maryland established the Minority Business Enterprise (MBE) program to
increase economic opportunity and participation for minority and women-owned firms
in State government procurement;
WHEREAS, Since 2013, the
State of Maryland has had a statewide MBE participation goal of 29% in all qualifying
state procurement expenditures;
WHEREAS, Since 2013, the
State of Maryland has consistently failed to meet its statewide MBE participation
goal, thereby depriving Maryland’s MBE communities of meaningful opportunities to
participate in State procurement activities and to receive hundreds of millions
of dollars in procurement awards;
WHEREAS, The State of
Maryland is firmly committed to identifying and implementing policies, procedures,
regulations, and legislation that promote increased MBE participation, compliance,
accountability, and transparency; and
WHEREAS, As the State
of Maryland works to make progress on these goals, it is imperative that the Governor
receive current data on the performance and compliance of agencies and departments
participating in the MBE program.
NOW THEREFORE, I, WES
MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME
BY THE CONSTITUTION AND THE LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE
ORDER, EFFECTIVE IMMEDIATELY:
A. Definitions.
1. “Participating Agencies” means those procurement units required to
report MBE participation and compliance data to the Governor’s Office of Small,
Minority, and Woman Business Affairs (GOSBA).
2. “Jurisdiction” means each of Maryland’s 23 counties and Baltimore
City.
B. Within sixty (60) days of the issuance of this Executive Order, all
Participating Agencies shall submit a report to the Governor detailing the Participating
Agency’s procurement activity since July 1, 2022. The report shall include the following:
1. The quantity of procurement solicitations issued;
2. The quantity and the cumulative dollar value of contract awards;
3. The quantity and the cumulative dollar value of contract modifications;
4. The quantity and the cumulative dollar value of contract renewal
options exercised;
5. The quantity of procurement solicitations issued with MBE goals;
6. The quantity of contract awards with MBE goals;
7. The number of contracts modified that had MBE goals;
a. The number of contracts that met their MBE goals at the time of the
modification;
b. The number of contracts that did not met their MBE goals at the time
of the modification;
8. The number of contracts whose renewal options were exercised that
had MBE goals;
a. The number of renewed contracts that met their MBE goals at the time
of the renewal option being exercised;
b. The number of renewed contracts that did not meet their MBE goals
at the time of the renewal option being exercised.
C. Within sixty (60) days of the issuance of this Order, all Participating
Agencies shall submit a report to the Governor detailing the outreach and marketing
efforts to MBE firms that the Participating Agency conducted related to procurement
solicitations from July 1, 2022, to the date of the issuance of this Order.
D. Within sixty (60) days of the issuance of this Executive Order, the
Maryland Department of Transportation, in its capacity as the State’s official MBE
certification agency, shall submit a report to the Governor with the following information:
1. By jurisdiction, the total number of businesses certified as an MBE;
2. By jurisdiction, the total number of Maryland-based businesses certified
as an MBE;
3. By jurisdiction, the number of African American-owned businesses
certified as an MBE;
4. By jurisdiction, the number of Hispanic-owned businesses certified
as an MBE;
5. By jurisdiction, the number of Asian-owned businesses certified as
an MBE;
6. By jurisdiction, the number of Native American-owned businesses certified
as an MBE;
7. By jurisdiction, the number of Woman-owned businesses certified as
an MBE; and
8. By jurisdiction, the number of Disabled-owned businesses certified
as an MBE.
E. Any Participating Agencies who are required to submit MBE performance
and compliance reporting data to GOSBA for Fiscal Year 2022 but have not done so
by the date of the issuance of this Executive Order, must submit the mandatory data
to GOSBA within 15 days of the issuance of this Executive Order.
F. Participating Agencies shall implement this Executive Order in a
manner that is consistent with all applicable statutes and regulations. Nothing
in this Executive Order shall operate to contravene any State or federal law or
to affect the State’s receipt of federal funding.
G. If any provision of this Executive Order or its application to any
person, entity, or circumstance is held invalid by any court of competent jurisdiction,
the provisions or applications of the Executive Order are severable, and all others
shall remain in effect to the extent possible without the invalid provision or application.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City
of Annapolis, this 16th day of February, 2023.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[23-06-02]
EXECUTIVE ORDER 01.01.2023.04
(Rescinds Executive Order 01.01.2019.05)
Judicial Nominating Commissions
WHEREAS, Under Article IV of the Maryland Constitution, the
Governor is charged with appointing qualified persons to the appellate and trial
courts of the State;
WHEREAS, The appointment of highly qualified persons with a
demonstrated commitment to the impartial administration of justice to the
judiciary is of paramount importance to the people of the State;
WHEREAS, The appointment of persons to the judiciary from a diversity
of backgrounds enhances the quality of justice dispensed by the State’s courts and
increases public trust and confidence in the judiciary;
WHEREAS, The process from which judicial appointments are made
by the Governor must be respected, free from political influence, and beyond reproach;
WHEREAS, Since 1970, the Governor has by Executive Order established
Judicial Nominating Commissions for the purpose of recommending persons for appointment
to the appellate and trial courts of the State, and provided for the composition
and general functions and procedures of the Judicial Nominating Commissions; and
WHEREAS, The interests of the people and the State will be best
served by the continued existence of nonpartisan and unbiased Judicial Nominating
Commissions composed of outstanding citizens of diverse backgrounds and experience
from across the State;
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND,
BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND,
HEREBY RESCIND EXECUTIVE ORDER 01.01.2019.05 AND PROCLAIM THE FOLLOWING EXECUTIVE
ORDER, EFFECTIVE IMMEDIATELY:
A. In this Executive Order, the following words have the meanings
indicated:
(1) “Appellate Court” means the Appellate Court of Maryland or the
Supreme Court of Maryland.
(2) “County” means a county of the State or Baltimore City.
(3) “Immediate family” includes a spouse, child, sibling, parent,
grandparent, grandchild, stepparent, stepchild, step-sibling, or any adopted
relative.
(4) “Trial Court” means the District Court of Maryland or the Circuit
Court for a county.
B. Appellate Courts Judicial Nominating Commission.
(1) Creation and Composition.
a. The Appellate Courts Judicial Nominating Commission is hereby established
as part of the Executive Department. It consists of seventeen persons chosen as
follows:
i. Twelve persons appointed by the Governor; and
ii. Five members of the Maryland State Bar Association appointed by
the Governor from 10 such persons submitted by the Association president by a date
established by the Governor’s Office of Legal Counsel.
b. No more than one lawyer from the same firm or legal office may serve
on the Appellate Courts Judicial Nominating Commission at the same time.
c. No person may serve on the Appellate Courts Judicial Nominating Commission
while simultaneously serving on a Trial Courts Judicial Nominating Commission.
d. No person may serve on the Appellate Courts Judicial Nominating Commission
who:
i. Holds an elected office in local, State, or federal government;
ii. Is an employee of the Office of the Governor;
iii. Hears cases as an active or senior member of the State or federal
judiciary or of a State or federal commission or agency; or
iv. Holds an office in a political party.
e. In making appointments, the Governor shall consider the racial, ethnic,
gender, and geographic diversity of Maryland.
f. In submitting persons for appointment, the president of the Maryland
State Bar Association shall consider the racial, ethnic, gender, and geographic
diversity of Maryland.
g. If the president of the Maryland State Bar Association submits fewer
than 10 persons for appointment the Association’s appointments shall be decreased
by the number not submitted and the Governor shall make the appointments.
h. If a vacancy occurs on the Appellate Courts Judicial Nominating Commission
by reason of death, resignation, removal, or disqualification, a successor will
be appointed by the Governor.
(2) The Chair of the Appellate Courts Judicial Nominating Commission
will be designated by the Governor.
(3) Terms.
a. The terms of the members of the Appellate Courts Judicial
Nominating Commission shall extend to the date of the qualification of the
Governor at the next quadrennial election.
b. At the end of a term, a member continues to serve until a
successor is appointed and qualifies.
c. If the Appellate Courts Judicial Nominating Commission meets on
two or more occasions during any calendar year, and if, during that year, a
member fails to attend at least half of the meetings in which that member is
not otherwise disqualified from participating, the member may be removed by the
Governor.
(4) An Appellate Courts Judicial Nominating Commission member shall
not be appointed to an Appellate Court during the term for which the member was
appointed.
C. Trial Courts Judicial Nominating Commissions.
(1) Creation and Composition.
a. A Trial Courts Judicial Nominating Commission is hereby
established as part of the Executive Department for each of the Commission
Districts set forth below:
i. Commission District 1 – Somerset, Wicomico, and Worcester
Counties;
ii. Commission District 2 – Cecil, Kent, and Queen Anne’s Counties;
iii. Commission District 3 – Baltimore County;
iv. Commission District 4 – Harford County;
v. Commission District 5 – Allegany and Garrett Counties;
vi. Commission District 6 – Washington County;
vii. Commission District 7 – Anne Arundel County;
viii. Commission District 8 – Carroll County;
ix. Commission District 9 – Howard County;
x. Commission District 10 – Frederick County;
xi. Commission District 11 – Montgomery County;
xii. Commission District 12 – Calvert and St. Mary’s Counties;
xiii. Commission District 13 – Prince George’s County;
xiv. Commission District 14 – Baltimore City;
xv. Commission District 15 – Charles County; and
xvi. Commission District 16 – Caroline, Dorchester, and Talbot
Counties.
b. Each Trial Courts Judicial Nominating Commission shall consist
of thirteen persons chosen as follows:
i. Nine persons appointed by the Governor; and
ii. Four members of the Bar Associations for the counties for which
the Trial Courts Nominating Commission is responsible, appointed by the
Governor from seven such persons submitted collectively by the presidents of
those Associations by a date established by the Governor’s Office of Legal
Counsel.
c. No more than one lawyer from the same firm or legal office may
serve on the same Trial Court Judicial Nominating Commission at the same
time. The Governor’s Office of Legal
Counsel may, in its sole discretion, waive this restriction.
d. No person may serve on a Trial Courts Judicial Nominating
Commission while simultaneously serving on the Appellate Courts Judicial
Nominating Commission or another Trial Courts Judicial Nominating Commission.
e. No person may serve on a Trial Courts Judicial Nominating
Commission who:
i. Holds an elected office in local, State, or federal government;
ii. Is an employee of the Office of the Governor;
iii. Hears cases as an active or senior member of the State or
federal judiciary or of a State or federal commission or agency; or
iv. Holds an office in a political party.
f. In making appointments, the Governor shall consider the racial,
ethnic, and gender diversity of the Commission District.
g. In submitting persons for appointment, the presidents of the Bar
Associations shall consider the racial, ethnic, and gender diversity of the
Commission District.
h. In selecting persons to submit for appointment, the presidents
of the Bar Associations shall consult with the presidents of other bar
organizations that may operate in the Commission District.
i. If the presidents of the Bar Associations submit fewer than
seven persons for appointment to a Trial Courts Judicial Nominating Commission,
the Associations’ appointments shall be decreased by the number not submitted
and the Governor shall make the appointments.
(2) The Chair of each Trial Courts Judicial Nominating Commission
will be designated by the Governor.
(3) Terms.
a. The terms of the members of each Trial Courts Judicial
Nominating Commission shall extend to the date of the qualification of the
Governor at the next quadrennial election.
b. At the end of a term, a member continues to serve until a
successor is appointed and qualifies.
c. If a Trial Courts Judicial Nominating Commission meets on two or
more occasions during any calendar year, and if, during that year, a member
fails to attend at least half of the meetings in which that member is not
otherwise disqualified from participating, the member may be removed by the
Governor.
(4) If a vacancy occurs on a Trial Courts Judicial Nominating
Commission by reason of the death, resignation, removal, or disqualification, a
successor will be appointed by the Governor.
(5) A Trial Courts Judicial Nominating Commission member shall not
be appointed to a Trial Court during the term for which the member was
appointed.
D. Code of Conduct
(1) Appellate and Trial Courts Judicial Nominating Commission
members shall agree to abide by the Code of Conduct during their term of
service.
(2) The Code of Conduct shall be established by the Governor’s
Office of Legal Counsel and shall at a minimum include provisions relating to:
impartiality, confidentiality, ex parte communications, conflicts of interest,
and prohibited discriminatory practices.
E. The chair of each Commission may request the technical
assistance of the Administrative Office of the Courts in providing:
(1) Training to Commission members;
(2) Notification of when a vacancy occurs or is about to occur;
(3) Standardized interview practices and questions;
(4) Recommendations as to standardized application requirements and
forms; and
(5) Any other assistance the chair deems appropriate, including the
provision of reasonable accommodations to Commission members or judicial
applicants.
F. For each judicial vacancy, the Governor shall:
(1) Reappoint the incumbent judge;
(2) Appoint an applicant who was recommended for a prior vacancy in
the same position, if the appointment for the prior vacancy was made within two
years of the occurrence of the current vacancy; or
(3) Accept applications from new candidates for the vacancy.
G. Commission Responsibilities and Procedures.
(1) If applications are accepted from new candidates for the
vacancy, a Commission shall:
a. Advertise the vacancy using print and electronic media, in
coordination and consultation with the Administrative Office of the
Courts.
b. Encourage qualified candidates from diverse backgrounds
including, but not limited to, race, ethnicity, gender, religion, sexual
orientation, gender identity, gender expression, disability, or economic status
to apply for judicial appointments;
c. Encourage qualified candidates from diverse practice areas to
apply for judicial appointments;
d. Notify the Maryland State Bar Association and other appropriate
county and specialty bar associations of the vacancy and request that they
advertise the vacancy to their membership;
e. Seek recommendations from interested citizens and from its own
members; and
f. Set a closing date for submission of applications.
(2) If there are fewer than three applicants for a vacancy, the
vacancy shall be automatically re-advertised to new candidates. If, after
re-advertisement, there remain fewer than three applicants, the Governor shall
determine whether to re-advertise or may direct the Commission to proceed with
evaluating the applicants.
(3) A Commission shall review all applications submitted and
evaluate each applicant. In the course of its evaluation, the Commission may:
a. Seek information beyond that contained in the materials
submitted by an applicant;
b. Obtain pertinent information from the Attorney Grievance
Commission, judges, courts, personal references given by the applicant,
criminal justice agencies, knowledgeable persons known to Commission members,
county or specialty bar associations, and other sources; and
c. Request criminal history record information from a criminal
justice agency, including the Central Repository, for the purpose of evaluating
an applicant.
(4) A Commission shall interview each applicant:
a. In person, or
b. Via video teleconference, if:
i. Extraordinary circumstances prevent the applicant from appearing
in person; and
ii. The Governor gives prior approval.
(5) There shall be no monetary cost or Bar membership required for
a candidate to be interviewed by a local bar association or specialty bar
association.
(6) A Commission shall consider the applicant’s integrity,
maturity, temperament, diligence, legal knowledge, intellectual ability,
professional experience, community service, and any other qualifications that
the Commission deems important for judicial service, as well as the importance
of having a diverse and impartial judiciary.
(7) In evaluating applications to fill a vacancy on a Trial Court,
the Trial Courts Judicial Nominating Commission shall give the same
consideration to eligible applicants regardless of whether an applicant’s legal
practice is located outside of the county in which the applicant resides.
(8) A Commission member is disqualified from participating in the
consideration, evaluation, or recommending of applicants for a vacancy in which
an applicant is:
a. In the member’s immediate family;
b. A current business or law partner;
c. A lawyer in the same firm or legal office as the member, unless
the Commission by a majority vote of the remaining Commission members
determines that the member is capable of impartially considering the applicant;
or
d. Otherwise known to the member and the member believes they are
incapable of impartially considering the applicant.
(9) A voting session of a Commission shall be attended by at least
three-fifths of the members who are qualified to participate.
(10) No applicant may be recommended to the Governor for
appointment unless by vote of a majority of members present and qualified to
participate at a voting session of the appropriate Commission, as taken by
secret ballot. A Commission may conduct more than one round of balloting during
its deliberations.
(11) If a Commission determines that fewer than three applicants
are legally and professionally qualified, the Commission shall notify the
Governor, who shall direct the Commission:
a. To re-advertise the vacancy to new candidates, or
b. To submit the names of the qualified applicants.
(12) If a Commission determines that at least three applicants are
legally and professionally qualified, it shall report in writing to the
Governor the names of at least three applicants recommended by the Commission
as the most fully professionally qualified to fill the vacancy. The names of
these recommended applicants shall be listed in alphabetical order. The
Commission shall release this list to the public concurrently with submission
of its report to the Governor.
(13) Upon request of the Governor, a Commission shall reconvene for
further deliberations, or re-advertise a vacancy to new applicants.
H. Confidentiality.
(1) A Commission shall not disclose to the public the names of
candidates who have submitted applications to fill a vacancy until after the
closing date for submission of applications.
(2) Materials submitted by an applicant, or obtained from other
sources in connection with the evaluation of an applicant, are confidential and
may not be released to the public.
(3) Each Commission member shall maintain the confidentiality of
the Commission’s evaluation of candidates, including its interviews,
deliberations, and voting, and, except as provided in Section G (12), shall not
disclose the Commission’s evaluation of candidates to the public.
I. Reasonable accommodations shall be made for qualified Commission
members or judicial applicants with a disability unless the accommodation would
impose an undue hardship. Examples of a reasonable accommodation include, but
are not limited to: providing, adjusting, or modifying written materials, equipment
or devices; and making a readily accessible facility available for interviews.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in the City of Annapolis, this 7th day of March,
2023.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[23-06-03]
The JudiciarySUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify
that by an Order of this Court dated March 2, 2023, RICHARD LOUIS SLOANE (CPF# 0312170258), as of March 2, 2023,
Richard Louis Sloane has been indefinitely suspended, effective immediately and
his name has been stricken from the register of attorneys in this Court. Notice
of this action is given in accordance with Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated March 9, 2023, PETER GEORGE ANGELOS (CPF# 6106010001), as of March 9, 2023, Peter
George Angelos has been placed on disability inactive status by consent,
effective immediately and his name has been stricken from the register of
attorneys in this Court. Notice of this action is given in accordance with
Maryland Rule 19-761(b).
[23-06-09]
Final Action on Regulations
Symbol Key
• Roman type indicates
text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 03 MARYLAND AVIATION
ADMINISTRATION
11.03.01 Baltimore/Washington
International Thurgood Marshall Airport
Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-408,
and 5-426, Annotated Code of Maryland
Notice of Final Action
[22-268-F]
On March 14, 2023, the Maryland Department of Transportation
adopted amendments to Regulations .01
and .04 under COMAR 11.03.01 Baltimore/Washington International Thurgood Marshall
Airport. This action, which was proposed for adoption in 49:25 Md. R.
1057—1058 (December 2, 2022), has been adopted as proposed.
Effective Date: April 3, 2023.
RICKY D. SMITH, SR.
Executive Director
Title 14
INDEPENDENT AGENCIES
Subtitle 09 WORKERS’ COMPENSATION
COMMISSION
14.09.04 Legal Representation
and Fees
Authority: Labor and Employment Article, §§9-309, 9-721, 9-731, and
9-734, Annotated Code of Maryland
Notice of Final Action
[22-282-F]
On March 9, 2023, the Workers’ Compensation Commission adopted
amendments to Regulation .02, the
repeal of existing Regulation .03,
and new Regulation .03 under COMAR 14.09.04 Legal Representation and
Fees. This action, which was proposed for adoption in 50:1 Md. R. 30—32
(January 13, 2023), has been adopted with the nonsubstantive changes shown
below.
Effective Date: April 3, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated
Code of Maryland, the Attorney General certifies that the following changes do
not differ substantively from the proposed text. The nature of the changes and
the basis for this conclusion are as follows:
This action does not change the current practice to award
attorney’s fees only out of the award of compensation to the claimant, except
as currently provided in COMAR 14.09.04.02C.
.03 Schedule of Attorney’s Fees.
A. (proposed
text unchanged)
B. Definitions.
(1) (proposed text unchanged)
(2) Terms Defined.
(a) “Award of compensation” means the amount of indemnity benefits
actually paid or payable to the claimant after applying:
(i) [[any]] Any credit or offset required by Labor and Employment
Article, §9-503(c), 9-609, or 9-610, Annotated Code of Maryland; or
(ii) [[reduction]] Reduction of the percentage of
permanent partial disability following a stipulation, appeal, or other
modification approved by the Commission.
(b)—(d) (proposed text unchanged)
C.—D. (proposed
text unchanged)
MAUREEN QUINN
Acting Chairperson
Proposed Action on Regulations
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.09 Medical Laboratories
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[22-340-P-I]
The Secretary of Health proposes to amend Regulations .01 and .03—.07 under COMAR 10.09.09
Medical Laboratories.
Statement of Purpose
The purpose of this action is to:
(1) Update the Medical Laboratories regulations to include
necessary preauthorization requirements;
(2) Replace outdated “recipient” language with “participant”
throughout; and
(3) Incorporate by reference the 2022 Medical Laboratory Fee
Schedule.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the 2022 Medical Laboratory Fee
Schedule (Effective March 2022) has been declared a document generally
available to the public and appropriate for incorporation by reference. For
this reason, it will not be printed in the Maryland Register or the Code of
Maryland Regulations (COMAR). Copies of this document are filed in special
public depositories located throughout the State. A list of these depositories
was published in 50:1 Md. R. 7 (January 13, 2023), and is available online at
www.dsd.state.md.us. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) Freestanding Clinic.
(a) (text unchanged)
(b) “Freestanding clinic” does not include a clinic or clinic site
located in a [recipient’s] participant’s
home.
(3)—(4) (text unchanged)
(5) “Order” means a request, or a copy of a request, initiated by
and traceable to an authorized practitioner, authorizing the performance of
specific medical laboratory services, that identifies the [recipient] participant, the authorized ordering
practitioner, the medical laboratory services requested, and the date executed.
(6) “Participant” means an individual who is certified as
eligible for, and is receiving, Medical Assistance benefits.
[(6)] (7) (text unchanged)
[(7)] (8) “Reference laboratory” means a
medical laboratory, which is enrolled with the Program as either a provider or
a renderer, to which a medical laboratory provider refers specimens from
Medical Assistance [recipients] participants for analysis.
[(8)] (9) “Referring laboratory” means a
medical laboratory provider that refers specimens from Medical Assistance [recipients]
participants for analysis.
[(9)] (10) “Special handling” means a
circumstance in which specimen collection and pickup are accomplished as
independent procedures to be responsive to the medical needs of the [recipient]
participant or to preserve viability or condition of the specimen.
[(10)] (11) “Standing order” means a request,
or a copy of a request, initiated by and traceable to an authorized
practitioner, authorizing the performance of specific medical laboratory
services to be supplied over a specific time period, that identifies the [recipient]
participant, the authorized ordering practitioner, the medical
laboratory services requested, and the date executed.
.03 Conditions for Participation.
A. (text unchanged)
B. Specific requirements for participation in the Program as a
medical laboratory include all of the following:
(1)—(2) (text unchanged)
(3) Agree to seek reimbursement from the Program only for services
set forth in Regulation .04 of this chapter when provided to eligible [recipients] participants;
(4) Agree to refrain from billing [recipients] participants for noncovered services set
forth in Regulation .05 of this chapter; and
(5) (text unchanged)
.04 Covered Services.
The Program covers the following services:
A. Medically necessary laboratory services, when the services are:
(1) Rendered to [recipients] participants
in a physician’s office, hospital, freestanding clinic, or medical laboratory;
(2)—(6) (text unchanged)
B.—C. (text unchanged)
.05 Limitations.
The following are not covered:
A. (text unchanged)
B. Services not adequately documented in the [recipient’s] participant’s medical records;
C.—I. (text unchanged)
.06 Preauthorization
Requirements.
A. Preauthorization is required for any service identified as
needing preauthorization in the current laboratory fee schedule, in accordance
with Regulation .07D of this chapter.
B. The provider shall submit the request for preauthorization
according to the procedures established by, and in the form designated by, the
Department.
C. Preauthorization is issued when:
(1) Program procedures are met; and
(2) The provider submits to the Department adequate
documentation demonstrating that the service to be preauthorized is medically
necessary.
D. Preauthorization is valid for services rendered or initiated
within 90 days of the date issued.
E. Preauthorization for Services Billed to Medicare.
(1) If Medicare covers and approves a service for which
preauthorization by the Program is normally required, the Program shall waive
preauthorization requirements for that service.
(2) If Medicare rejects the entire claim or any part of a claim
for a service that normally requires preauthorization, and the claim is
referred to the Program for payment, the Program shall pay only for the
Medicare-rejected covered services if authorization for those services was
obtained prior to the date of service.
.07 Payment Procedures.
A.—C. (text unchanged)
D. Providers are reimbursed according to the [2020]
2022 Medical Laboratory Fee Schedule (Effective March [2020] 2022). All the
provisions of this document are incorporated by reference.
E.—L. (text unchanged)
M. All indices, calculated values, or other results that are not
directly determined, are considered part of the parent procedures and are not
separately billable to either the Program or the [recipient] participant.
N.—P. (text unchanged)
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.10 Nursing Facility
Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105,
19-14B-01, and 19-310.1, Annotated Code of Maryland
Notice of Proposed Action
[23-009-P]
The Secretary of Health proposes to amend Regulations .07 and .08 under COMAR 10.09.10
Nursing Facility Services.
Statement of Purpose
The purpose of the proposed action is to:
(1) Update the budget adjustment factor for FY 2023; and
(2) Extend the sunset date for the Interim Working Capital Fund by
1 year.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
effectuates an 8 percent increase in the Maryland Medicaid reimbursement rate
to nursing facilities for dates of service beginning July 1, 2022.
Additionally, this action extends the interim working capital fund through May
2023. The combined total funds impact of these actions in FY 2023 is
$41,732,182 expenditure and $85,288 in lost revenue.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
(1) Maryland Department of
Health
|
(R-)
|
$85,288
|
|
(2) Maryland Department of
Health
|
(E+)
|
$41,732,182
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Nursing facility
providers
|
(+)
|
$85,288
|
|
(2) Nursing facility
providers
|
(+)
|
$41,732,182
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) The interim working
capital fund will provide a projected $10,529,335 to providers during FY 2023,
resulting in loss of potential interest income of $85,288 based on a rate of
return of .81 percent. This amount represents 100 percent general funds.
(2) The average Maryland
Medical Assistance reimbursement for nursing facilities services will increase
by 8 percent for dates of service beginning July 1, 2022.
(a) Under the
provisions of this amendment, the rate represents an increase of $7.08 per day
compared with the rate providers previously received. Based on a projected
5,894,376 days of care in FY 2023, this increase represents a cost to the State
of $41,732,182.
(b) This amount is
subject to a 56.2 percent federal match ($23,453,486 federal funds and
$18,278,696 general funds).
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
The proposed action is expected to result in a higher quality of
care for the many individuals with disabilities who are served in nursing
facilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation
and Policy Coordination, Maryland Department of Health, 201 West Preston
Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258),
or email to mdh.regs@maryland.gov. Comments will be accepted through April 24,
2023. A public hearing has not been scheduled.
.07 Prospective
Rates.
A.—F. (text
unchanged)
[G. Final facility rates for the period
July 1, 2020 through December 31, 2020 shall be each nursing facility’s
quarterly rate, exclusive of the amount identified in Regulation .13A(2) of
this chapter, reduced by the budget adjustment factor of 0.412 percent, plus
the Nursing Facility Quality Assessment add-on identified in Regulation .11E of
this chapter and the ventilator care add-on amount identified in Regulation
.13A(2) of this chapter when applicable.
H. Final facility
rates for the period January 1, 2021 through June 30, 2021 shall be each
nursing facility’s quarterly rate, exclusive of the amount identified in
Regulation .13A(2) of this chapter, increased by the budget adjustment factor
of 3.804 percent, plus the Nursing Facility Quality Assessment add-on
identified in Regulation .11E of this chapter and the ventilator care add-on
amount identified in Regulation .13A(2) of this chapter when applicable.
I. Final facility rates
for the period July 1, 2021 through June 30, 2022 shall be each nursing
facility’s quarterly rate, exclusive of the amount identified in Regulation
.13A(2) of this chapter, decreased by the budget adjustment factor of 1.261
percent, plus the Nursing Facility Quality Assessment add-on identified in
Regulation .11E of this chapter and the ventilator care add-on amount
identified in Regulation .13A(2) of this chapter when applicable.]
G. Final facility
rates for the period July 1, 2022 through June 30, 2023 shall be each nursing
facility’s quarterly rate, exclusive of the amount identified in Regulation
.13A(2) of this chapter, increased by the budget adjustment factor of 2.511
percent, plus the Nursing Facility Quality Assessment add-on identified in Regulation
.11E of this chapter and the ventilator care add-on amount identified in
Regulation .13A(2) of this chapter when applicable.
.08 Interim Working
Capital Fund.
A.—G. (text
unchanged)
H. The Interim
Working Capital Fund expires on May 1, [2022] 2023.
Providers shall repay all outstanding funds to the Department by [May]
August 1, [2022] 2023. The Department may grant
repayment extensions, not longer than 60 days, under extraordinary
circumstances.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.12 Disposable Medical
Supplies and Durable Medical Equipment
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-129, Annotated Code of Maryland
Notice of Proposed Action
[22-336-P]
The Secretary of Health proposes to amend .06 and .07 under COMAR 10.09.12 Disposable Medical Supplies
and Durable Medical Equipment.
Statement of Purpose
The purpose of this action is to update the disposable medical
supplies and durable medical equipment (DMS/DME) payment procedures to reflect
that the Department reimburses for Medicare-covered equipment and supplies at
85 percent of the Medicare rates established on January 1 of each year, in accordance
with the approved budget for Fiscal Year 2023. In addition, the proposed action
clarifies Department reimbursement methodology for non-Medicare-covered items,
updates rental criteria for durable medical equipment, and aligns
preauthorization requirements with these changes.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action changes
the reimbursement methodology for Medicare-covered services from 80 percent of
Medicare rates to 85 percent of Medicare rates established January 1 of each
year. The total impact of the proposed action in FY 2023 is $31,382,480.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$31,382,480
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$31,382,480
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) CY 2018 actual utilization continued through FY 2022 and will
continue throughout FY 2023;
(2) FY 2022 is the base year for this analysis. In FY 2022,
Maryland Medicaid reimbursed at 80 percent of the January 2021 Medicare rates
for DMS/DME;
(3) In FY 2023, Maryland Medicaid will reimburse at 85 percent of
the January 2022 Medicare rates;
(4) For a full year of claims paid at 80 percent of the January
2021 rates, the total estimated cost for FY 2022 is $122,574,983.22;
(5) For a full year of claims paid at 85 percent of the January
2022 rates, the total estimated cost for FY 2023 is $153,957,463.22;
(6) In FY 2023, the total estimated impact is a cost of
$31,382,480. This amount is subject to a 56.2 percent federal match (56.2
percent federal funds, $17,636,954 and 43.8 percent general funds,
$13,745,526); and
(7) Medicare rates will remain the same in FY2023.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Overall, Medicaid-enrolled DMS/DME providers that qualify as small
businesses will receive a portion of the total increase in revenue for
Medicare-covered DMS/DME items provided to Maryland Medicaid participants in FY
2023.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258),
or email to mdh.regs@maryland.gov. Comments will be accepted through April 24,
2023. A public hearing has not been scheduled.
.06 Prepayment Authorization Requirements.
A.—B. (text unchanged)
C. For the rental of durable medical equipment, the following
prepayment authorization requirements apply:
(1) For durable medical equipment below $1,000:
(a) Months 1 through 3, the rental does not require a prepayment
authorization;
(b) Months 4 through 10, the rental does require a prepayment
authorization; and
(c) Month 10 is the final rental month, after which the item is
considered purchased.
(2) For durable medical
equipment above $1,000, and items requiring individual consideration:
(a) Months 1 through 10, the rental does require prepayment authorization;
and
(b) Month 10 is the final rental month, after which the item is
considered purchased.
[C.] D.—[D.]
E. (text unchanged)
[E.] F. Except
as provided in [§G] §H
of this regulation, providers shall submit prepayment authorization requests to
the Program not later than 30 days following the first date of service.
[F.] G. (text
unchanged)
[G.] H. Prepayment
authorization normally required by the Program is waived when the service is
covered and approved by Medicare. However, if the entire or any part of a claim
is rejected by Medicare, and the claim is referred to the Program for payment,
payment will be made for services covered by the Program only if authorization for
those services has been obtained before billing. Non-Medicare claims require
prepayment authorization according to [§§A—F] §§A—G of this regulation.
[H.] I. (text
unchanged)
.07 Payment Procedures.
A.—C. (text unchanged)
D. Effective [January 1,
2021] July 1, 2022, the
Department shall pay providers [80] 85
percent of the Medicare rate established January 1 of each year for prosthetic
devices. For prosthetic devices for which Medicare has not established a rate,
the Department shall pay providers the manufacturer’s suggested retail price of
the item, less 26.5 percent. The payment shall include all fitting, dispensing,
and follow-up care.
E. (text unchanged)
F. [Unless the service
is] With the exception of items free to individuals not covered by
Medicaid, the Department shall reimburse providers for the purchase of covered
services at the lesser of the provider’s customary charge or:
(1) For the purchase of items
for which Medicare has established a rate:
(a) Disposable medical supplies and durable medical equipment other
than enteral nutritional products and enteral and parenteral therapy supplies
at [80] 85 percent of the
Medicare purchase reimbursement rate established January 1 of each year;
(b)—(c) (text unchanged)
(d) For medical equipment for which Medicare has established a [capped] rental rate, the purchase price shall be [9] 10 times the current Medicare monthly rental rate.
(2) For the purchase of items for which Medicare
has not established a rate:
(a) [Other than enteral
nutritional products and incontinence supplies, disposable medical supplies not
including incontinence supplies] Disposable medical supplies not otherwise
specified in this section are reimbursed at the provider’s choice of the
manufacturer’s suggested retail price minus 41.2 percent or the provider’s
wholesale cost plus 37.2 percent;
(b)—(e) (text unchanged)
(f) [Other durable] Durable
medical equipment, not otherwise specified in this section, are
reimbursed at the provider’s choice of the manufacturer’s suggested retail
price minus 41.2 percent or provider’s wholesale cost plus 27.4 percent.
F-1. (text unchanged)
G. The Department shall reimburse
providers for the monthly rental of covered services as follows:
(1) For items for which Medicare has established a purchase rate, [9]
85 percent of the current Medicare
purchase reimbursement rate divided over
10 months; [and]
(2) For items for which Medicare has not established a purchase rate, [10 percent of the purchase price as determined in §F(2) of this
regulation] items will be rented at the provider’s choice of:
(a) The manufacturer’s suggested retail price minus 41.2
percent, divided over 10 months; or
(b) The provider’s wholesale cost plus 27.4 percent, divided
over 10 months; and
(3) After 10 months of monthly rental, the item will be
considered purchased.
H.—I. (text unchanged)
J. The determination to purchase or rent
medical equipment shall be based on the prescriber’s best faith estimate of
length of time the equipment will be needed by the recipient. When the
equipment is ordered for:
(1) [12] 10
or more months, the provider shall charge the Program for a purchase, unless:
(a) The items cannot be
purchased, in which case the items shall continue to be rented for the duration
of their need at the amount determined on the fee schedule or elsewhere in this
chapter; or
[(a)] (b)
There is justification to request a rental rather than a purchase of the item,
and a request for prepayment authorization is submitted to and approved by the
Program before the submission of the invoice for the item; and
[(b) The request
for prepayment authorization is approved by the Program before the submission
of the invoice for the item;]
(2) Less than [12]
10 months, the provider shall charge the Program for rental of the item
for the duration of the medical necessity except that:
(a) If the equipment is
still medically necessary after [12] 10 months of rental
and the equipment is purchasable, [a final thirteenth rental payment
shall be made] the tenth rental payment is the final rental payment,
and the equipment is considered purchased by the Program; or
(b) (text unchanged)
K.—Z. (text unchanged)
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.23 Early and Periodic
Screening, Diagnosis, and Treatment
(EPSDT) Services
Authority: Health-General Article, §§2-104(b), 15-103, [and] 15-105, and
15-141.2, Annotated Code of Maryland
Notice of Proposed Action
[22-342-P-I]
The Secretary of Health proposes to amend Regulations .01, .01-1, .03—.05, .07, and .08 under COMAR 10.09.23
Early and Periodic Screening, Diagnosis,
and Treatment (EPSDT) Services.
Statement of Purpose
The purpose of this action is to:
(1) Update the reference to the Audiology, Physical Therapy, and
Early Periodic, Screening, Diagnosis, and Treatment Provider Manual effective
January 1, 2022;
(2) Permit certain services to be rendered via telehealth to be
reimbursed in compliance with COMAR 10.09.49 Telehealth Services;
(3) Update an outdated COMAR reference to non-capitated covered
services; and
(4) Replace the outdated terminology of “recipient” with
“participant” throughout the chapter.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Audiology, Physical Therapy,
and Early Periodic, Screening, Diagnosis, and Treatment (EPSDT) Provider Manual
(Maryland Medical Assistance Program, Effective January 1, 2022) has been
declared a document generally available to the public and appropriate for
incorporation by reference. For this reason, it will not be printed in the
Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this
document are filed in special public depositories located throughout the State.
A list of these depositories was published in 50:1 Md. R. 7 (January 13, 2023),
and is available online at www.dsd.state.md.us. The document may also be
inspected at the office of the Division of State Documents, 16 Francis Street,
Annapolis, Maryland 21401.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(4) (text unchanged)
(5) “EPSDT screen” means the full scope of comprehensive well-child
screening procedures, required by the State periodicity schedule that a [recipient] participant receives at
a given age.
(6) “EPSDT screening provider” means [a physician or nurse practitioner] a physician, nurse
practitioner, or physician assistant certified by the Department to provide
EPSDT screens.
(7)—(8) (text unchanged)
(9) “Environmental lead investigation” means an inspection of the
primary dwelling of a [recipient] participant
that results in a report characterizing the hazards associated with identified
lead-containing substances.
(10) Foster Care Child.
(a) “Foster care child” means a [recipient] participant who is in the care and
custody of the Department of Human Services.
(b) (text unchanged)
(11)—(18) (text unchanged)
(19) “Participant” means a person younger than 21 years old who
is determined eligible for, and is receiving, Medical Assistance benefits as
provided in COMAR 10.09.11 or 10.09.24.
[(19)] (20)—[(22)] (23) (text unchanged)
[(23) “Recipient” means
a person younger than 21 years old who is determined eligible for, and is
receiving, Medical Assistance benefits as provided in COMAR 10.09.24 or
10.09.11.]
(24) (text unchanged)
(25) “Third-party payers” means insurers and other entities obligated
either legally or contractually to pay for or to reimburse the [recipient] participant for service
covered in this chapter.
(26) “Vaccines for Children Program” means the federal program that
provides specific childhood vaccines to health care providers, at no cost, for
administration to [recipients] participants
younger than 19 years old.
.01-1 Incorporation by Reference.
The Audiology, Physical Therapy, and Early Periodic, Screening,
Diagnosis, and Treatment (EPSDT) Provider Manual (Maryland Medical Assistance
Program, Effective January 1, [2020]
2022) is incorporated by reference.
.03 Conditions for
Participation.
A. In order to receive payments as a Medicaid provider, providers
shall meet the following general requirements:
(1) (text unchanged)
(2) If delivering services via telehealth, comply with COMAR
10.09.49 and any subregulatory guidance issued by the Department;
[(2)] (3)—[(3)] (4) (text unchanged)
B. To be certified to participate in the Healthy Kids Program as an
EPSDT screening provider, a provider shall agree to:
(1)—(7) (text unchanged)
(8) Permit periodic on-site quality assurance visits by the
Department or its designee following a protocol established by the Department
to:
(a) (text unchanged)
(b) Review the charts of [recipients] participants
to assure delivery of EPSDT screens;
(c)—(d) (text unchanged)
(9) (text unchanged)
C. (text unchanged)
.04 Covered Services.
A.—C. (text unchanged)
D. Additional Medically Necessary Plan of Treatment Services.
(1) (text unchanged)
(2) EPSDT services covered under §D of this regulation include:
(a) (text unchanged)
(b) Mental health services or behavioral health services, or both,
when the diagnosis of a [recipient] participant
is not included under the specialty mental health system, as described in COMAR
[10.09.70.10A] 10.67.08.02;
(c)—(k) (text unchanged)
.05 Limitations.
A. (text unchanged)
B. The dental covered services specified in COMAR 10.09.05.04,
which follow the periodicity schedule issued by the American Academy of
Pediatric Dentists, are limited to [one
dental examination per recipient per 6-month period] two dental examinations per
participant per 12-month period.
C.—D. (text unchanged)
E. The provider covered by this chapter may not bill the Program
for:
(1) Services that are:
(a) Provided while the [recipient] participant
is in an institution for mental disease, a hospital, or a residential treatment
center, as bundled payment for institutional stays includes EPSDT services;
(b)—(g) (text unchanged)
(2)—(6) (text unchanged)
.07 Payment Procedures.
A.—C. (text unchanged)
D. Reimbursement of Medically Monitored Intensive Inpatient
Treatment Services Provided in an Intermediate Care Facility.
(1) The Department may not directly reimburse any State-operated
intermediate care facility for [recipients] participants.
The Department shall claim federal fund recoveries from the Department of
Health and Human Services for services to federally eligible Title XIX patients
in these intermediate care facilities.
(2)—(4) (text unchanged)
(5) [Recipient’s] Participant’s
Contribution.
(a) The local department of social services or the State-operated
facility’s fiscal agent shall determine the amount the [recipient] participant has available to pay toward
the cost of medical or remedial care for inpatient services, and so inform the
provider.
(b) The provider shall collect from the [recipient] participant that amount as shown
available on the designated form.
(c) The provider may not collect a total amount, including the [recipient’s] participant’s resource
and the Department’s payment, which exceeds the provider’s rate established by
the Department.
(d) The provider shall show to the Department sums collected from
the [recipient] participant.
E.—F. (text unchanged)
.08 Recovery and Reimbursement.
A. Regardless of whether the [recipient] participant
has other third-party insurance coverage, EPSDT screening providers shall bill
the Program directly for the following components of an EPSDT screen:
(1)—(4) (text unchanged)
B.—C. (text unchanged)
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.27 Home Care for
Disabled Children Under a Model Waiver
Authority: Health-General Article, §§2-104(b), 15-103, [and] 15-105, and
15-141.2, Annotated Code of Maryland
Notice of Proposed Action
[22-344-P]
The Secretary of Health proposes to amend Regulations .01 and .03—.06 under COMAR 10.09.27
Home Care for Disabled Children Under a Model Waiver.
Statement of Purpose
The purpose of this action to effectuate Fiscal Year 2023 rate
increases for model waiver services covered under this chapter, pursuant to Ch.
484 (S.B. 290), Acts of 2022, and the Governor’s Supplemental Budget.
Additionally, this action clarifies coverage for services provided via telehealth
to Medicaid participants by Model Waiver providers, in accordance with Ch. 71
(S.B. 3), Acts of 2021.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
implements a total increase of 12 percent for Model Waiver providers. The total
impact of this change in rates for FY 2023 is $156,252.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Health
|
(E+)
|
$156,252
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$156,252
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) Effective July 1, 2022, Model Waiver providers will receive a
12 percent rate increase.
(2) FY 2022 model waiver case management services utilization will
remain consistent throughout FY 2023.
(3) The rate increase for these services represents an estimated
$156,252 increase in total funds for this program.
(4) This amount is subject to a 56.2 percent blended federal match
(43.8 percent general funds, $68,438; 56.2 percent federal funds, $87,814).
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that Medicaid-enrolled Model Waiver providers
qualify as small businesses, they will benefit from this rate increase.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(3) (text unchanged)
(4) “Face-to-face” means contact with a participant that occurs
in-person or via audio-visual telehealth in accordance with COMAR 10.09.49.
[(4)] (5)—[(30)] (31) (text
unchanged)
(32) “Telehealth” has the meaning stated in COMAR 10.09.49.02.
[(31)]
(33)—[(32)] (34) (text unchanged)
.03 Conditions for Participation.
A. (text unchanged)
B. Specific requirements for participation in the Program as a
provider of home care services are as follows:
(1) The home care case management provider shall:
(a) (text unchanged)
(b) Be available to participants in-person at least 8 hours
a day, 5 days a week with established hours of operation.
(c) (text unchanged)
(d) Convene the multidisciplinary team which:
(i)—(iii) (text unchanged)
(iv) Coordinates at least one in-person
meeting annually, unless otherwise authorized by the Department;
(v) Unless otherwise
excepted in §B(1)(d)(iv) of this regulation, may meet in-person or via telehealth;
and
[(iv)]
(vi) (text unchanged)
(e) Provide for in-home assessments [by the principal physician], via an in-person visit or telehealth,
on a quarterly basis or as determined necessary by the principal physician.
(f) Conducts at least two in-person visits annually, unless
otherwise authorized by the Department.
[(f)] (g) (text unchanged)
(2)—(3) (text unchanged)
(4) The provider of home care services shall:
(a) Deliver services in-person unless expressly authorized to
render services via telehealth; and
(b) If delivering services via telehealth, comply with COMAR
10.09.49 and any subregulatory guidance issued by the Department.
.04 Covered Services.
A. The Program reimburses for home care services which include the
following:
(1) (text unchanged)
(2) Home care case management which includes:
(a)—(d) (text unchanged)
(e) Providing for in-home assessments [by the principal physician], via an in-person visit or telehealth as
authorized by the Department, on a quarterly basis, or as determined necessary
by the principal physician;
(3)—(4) (text unchanged)
(5) Certified nursing assistant services if:
(a)—(h) The services are included in the model waiver participant’s
plan of care developed by the case manager; and
(i) Services are preauthorized by the Department[.];
(6) Delegated nursing services provided by a certified nursing
assistant or home health aide who is also a certified medical technician when:
(a) The complexity of the service or the condition of a
participant requires the judgment, knowledge, and skills of the certified
nursing assistant or home health aide for at least 2 or more continuous hours;
(b) The services provided include but are not limited to:
(i) Assistance with activities of daily living when performed in
conjunction with other delegated nursing services; or
(ii) Other nursing services properly delegated by a nurse
pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland,
and in accordance with COMAR 10.27.11;
(c) Sufficient documentation is maintained by the certified
nursing assistant or home health aide, including signed and dated progress
notes which are reviewed by the nurse supervisor; and
(d) Supervisory visits are conducted and documented by a
registered nurse supervisor in accordance with COMAR 10.27.09 and 10.27.11; and
[(6)] (7) (text unchanged)
B. (text unchanged)
.05 Participant Eligibility.
A.—B. (text unchanged)
C. Optional Categorically Needy Eligibility. Individuals who do not
qualify for supplemental security income benefits may apply for eligibility
under the provision of this section and applicable sections of COMAR 10.09.24,
as follows:
(1) (text unchanged)
(2) An individual is eligible
for medical assistance benefits as an optional categorically needy individual
if [he complies] they comply with the
requirements of §C(1) of this regulation, including the requirement that
resources not exceed the applicable standard for supplemental security income
eligibility, and if the income of the individual before the disregards
specified in §C(3) of this regulation does not exceed 300 percent of the
supplemental security income benefit amount payable under §1611(b)(i) of the
Social Security Act to an individual in [his] their
own home who has no income or resources.
(3) Disregards. The following disregards
are subtracted from income computed according to COMAR [10.09.24.07,
exclusive of Regulation .07L and M,]
10.09.24.07A—K in order to determine
the amount of the income of recipients qualifying under this section to be
applied toward the cost of services specified in Regulation .04 of this
chapter.
(a) The amount of the medically needy income standard for one
person established under COMAR [10.09.24.07N] 10.09.24.07;
(b) (text unchanged)
D.—F. (text unchanged)
.06 Payment Procedures.
A.—B. (text unchanged)
C.
Rates.
(1) (text unchanged)
(2) Effective July 1,
2022, rates for services governed by this chapter are as follows:
(a) For home health
aide or certified nursing assistant services provided to one participant:
(i) $5.0809 per 15
minutes of services; or
(ii) If the services
are rendered by a home health aide or certified nursing assistant who is also a
certified medical technician, $6.1208 per 15 minutes of services;
(b) For home health
aide or certified nursing assistant services provided to two or more
participants in the same residence:
(i) $3.5044 per 15
minutes of services per participant; or
(ii) If the services
are rendered by a home health aide or certified nursing assistant who is also a
certified medical technician, $4.2232 per 15 minutes of service per participant;
and
(c) Payments for home
care case management services shall be made as follows:
(i) Waiver enrollment
process—$1,181.61;
(ii) First month of
home care case management—$1,181.61; and
(iii) The second and
any subsequent month of home care case management—$590.80.
[(2)] (3) [Effective July 1, 2018]
Subject to the limitations of the State
budget, the Program’s rates as specified in [the Department’s fee schedule]
this regulation shall increase [on July 1 of each year by 3 percent,
subject to the limitations of the State budget] by 4 percent each year through Fiscal Year 2026.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.33 Health Homes
Authority: Health-General Article, §§2-104(b), 7.5-204,
7.5-205(d), 7.5-402, 8-204(c), 15-103(a)(1), and 15-105(b), Annotated Code
of Maryland
Notice of Proposed Action
[22-333-P]
The Secretary of Health proposes to amend Regulations .01, .02, .06, .07, and .09 under COMAR 10.09.33
Health Homes.
Statement of Purpose
The purpose of this action is to update the listed provider
reimbursement rate to the 7.25 percent increased rate, effective for Fiscal
Year 2023, pursuant to Ch. 484 (S.B. 290), Acts of 2022, Budget Bill (Fiscal
Year 2023), and the Governor’s supplemental budget. This action will also
update COMAR references and add clarifying language regarding the enrollment
process.
Estimate of Economic Impact
I. Summary of Economic Impact. The budget for Fiscal Year
(FY) 2023 includes a 3.25 percent rate increase as well as a supplemental rate
increase of 4 percent. The total fiscal impact of this 7.25 percent rate
increase on health home services is $734,107.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$734,107
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$734,107
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) The economic impact of the proposed action is the difference
in projected expenditures for FY 2022 and FY 2023. Annual health home service
utilization will remain consistent between FYs 2021, 2022, and 2023.
(2) The projected expenditure in FY 2022 is $10,125,607.05. This
estimate is based on FY 2021 expenditures of $9,957,037.13 and is adjusted to
reflect the 3.5 percent rate increase effective January 1, 2021.
(3) The projected expenditure in FY 2023 is $10,859,713.56. This
estimate is based on the projected FY 2022 expenditures and is adjusted to
reflect the 7.25 percent rate increase effective July 1, 2022.
(4) This amount is subject to a 50 percent federal match in funds
($367,053), and 50 percent general funds ($367,053) will be used to cover the
expenditure increase.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Small business providers, including opioid treatment programs
(OTPs), psychiatric rehabilitation programs (PRPs), and mobile treatment
services programs (MTSs) enrolled as Maryland Medicaid health home providers
will benefit from increased reimbursement.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(14) (text unchanged)
(15) “Mobile treatment services (MTS) program” means a program
approved under COMAR [10.21.19] 10.63.03.04.
(16) “Opioid treatment program (OTP)”, formerly referred to as
opioid maintenance therapy (OMT) programs, means a program approved to provide
opioid maintenance therapy under COMAR [10.47.02.11] 10.63.03.19.
(17)—(18) (text unchanged)
(19) “Psychiatric rehabilitation program (PRP)” means a program
approved under COMAR [10.21.21] 10.63.03.09 for adults, COMAR [10.21.29] 10.63.03.10 for minors,
or both.
.02 Licensing Requirements.
A. A PRP serving adults and participating as a health home shall be
approved pursuant to COMAR [10.21.21] 10.63.03.09.
B. A PRP serving minors and participating as a health home shall be
approved pursuant to COMAR [10.21.29] 10.63.03.10.
C. [A] An MTS program participating as a
health home shall be approved pursuant to COMAR [10.21.19] 10.63.03.04.
D. An OTP participating as a health home shall be approved to
provide opioid maintenance therapy pursuant to COMAR [10.47.02.11] 10.63.03.19.
.06 Covered Services.
A. (text unchanged)
B. Comprehensive Care Management. The health home shall collaborate
to provide comprehensive care management services including:
(1) (text unchanged)
(2) Development of a care plan within 30 days following enrollment,
in accordance with Regulation [.04I(3)] .04J(3)
of this chapter;
(3)—(4) (text unchanged)
C.—I. (text unchanged)
.07 Health Home Participant
Flow.
A. Enrollment.
(1) (text unchanged)
(2) [An] During
enrollment, an OTP established as a health home shall identify eligible
individuals under the OTP’s care and report the [qualifying risk factors diagnoses through] diagnoses related to
qualifying risk factors set forth in Regulation .03A(2)(b) of this chapter in
eMedicaid [during enrollment].
(3)—(6) (text unchanged)
B.—C. (text unchanged)
.09 Payment Procedures.
A.—B. (text unchanged)
C. The Department shall reimburse according to the following fee
schedule:
[(1) For dates of service from July 1, 2020 through December
31, 2020, at a monthly rate of $114.60 per participant; and]
[(2)] (1) [Effective] For dates of service from January
1, 2021, through June 30, 2022, at a monthly rate of $118.61 per
participant[.]; and
(2) Effective July 1, 2022, at a monthly rate of $127.21 per
participant.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.34 Therapeutic
Behavioral Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[23-008-P]
The Secretary of Health proposes to amend Regulation .06 under COMAR 10.09.34 Therapeutic Behavioral Services.
Statement of Purpose
The purpose of the proposed action is to update reimbursement
rates for therapeutic behavioral services (TBS) in accordance with Ch. 484
(S.B. 290), Acts of 2022, Budget Bill (Fiscal Year 2023), and the Governor’s
supplemental budget.
Estimate of Economic Impact
I. Summary of Economic Impact. The Fiscal Year (FY) 2023
budget includes a 7.25 percent rate increase for TBS effective July 1, 2022.
The total impact for FY 2023 is $317,912.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure (E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$317,912
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$317,912
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) TBS utilization will continue at current levels.
(2) Effective July 1, 2022, reimbursement rates for therapeutic
behavioral services will increase by 7.25 percent. This rate change represents
an estimated $317,912 increase in total funds (33.59 percent general funds,
$109,797; 66.41 percent federal funds, $211,115).
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
A rate increase may increase provider participation, improving
participant access to therapeutic behavioral services.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
.06 Payment Procedures.
A.—B. (text unchanged)
C. Reimbursement for services covered under this chapter is as
follows:
[(1) For dates of
service between July 1, 2020 and December 30, 2020:
(a) Initial therapeutic assessment and reassessment at a rate of
$124.78;
(b) Therapeutic behavioral services at a rate of:
(i) $27.04 for the first 30 minutes; and
(ii) $13.52 for each additional 15 minutes.
(2) For dates of service between January 1, 2021 and October 31,
2021:
(a) Initial therapeutic assessment and reassessment at a rate of
$129.15; and
(b) Therapeutic behavioral services at a rate of:
(i) $27.99 for the first 30 minutes; and
(ii) $13.99 for each additional 15 minutes.]
[(3)] (1)
For dates of service [on or after] from November 1, 2021
through June 30, 2022:
(a)—(b) (text unchanged)
(2) Effective July 1, 2022:
(a) Initial therapeutic assessment and reassessment at a rate of
$145.99; and
(b) Therapeutic behavioral services at a rate of:
(i) $31.64 for the first 30 minutes; and
(ii) $15.82 for each additional 15 minutes.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.48 Targeted Case
Management for People with Developmental Disabilities
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[22-339-P]
The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental
Disabilities.
Statement of Purpose
The purpose of this action is to increase the reimbursement rate
for Developmental Disabilities Administration (DDA) targeted case management
(TCM) providers by 8 percent for Fiscal Year (FY) 2023. Additionally, it
effectuates a temporary 10 percent rate increase for dates of service October
1, 2022 through December 31, 2022.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
implements an 8 percent increase in the reimbursement rate for Developmental
Disabilities Administration (DDA) targeted case management (TCM) providers for
Fiscal Year (FY) 2023. Additionally, it effectuates a temporary 10 percent rate
increase for dates of service October 1, 2022 through December 31, 2022 using
100 percent federal funds. The total impact of this change in rates for FY 2023
is $9,327,563.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$9,327,563
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$9,327,563
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) Utilization of services covered under this chapter in FY 2023
will remain consistent with FY 2022 rates.
(2) Effective July 1, 2022 Developmental Disabilities Administration
(DDA) targeted case management (TCM) providers will receive an increased
reimbursement rate of 8 percent. The general rate is $24.56 per unit and the
geographic differential rate is $25.86 per unit.
(3) For dates of service October 1, 2022 through December 31,
2022, DDA TCM providers will also receive an additional 10 percent rate
increase. The general rate will be $27.02 per unit, and the geographic
differential rate will be $28.45 per unit. This represents an estimated
$2,353,684 total funds increase.
(4) In total, these rate increases reflect an estimated $9,327,563
total fund increase. The 8 percent increase is subject to 56.2 percent federal
match ($3,054,559 general funds and $3,919,320 federal funds). The temporary
increase is subject to a 100 percent federal match ($2,353,684 federal funds).
Altogether, the total fund increase in FY 2023 is subject to a 67.25 percent
federal match.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that Medicaid enrolled targeted case management
providers qualify as small businesses, they will share in the benefit of this
rate increase.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
.08 Payment Procedures.
A. (text unchanged)
B. Payment Rates.
(1)—(5) (text unchanged)
(6) For all other services rendered to Maryland Medicaid
participants residing in counties other than those listed in §B(7) of this
regulation, providers shall be reimbursed:
[(a) $17.54 per unit of service from July 1, 2013 through
June 30, 2014;
(b) $14.63 per unit of service from July 1, 2014 through July 2,
2014;
(c) $16.59 per unit of service from July 3, 2014 through December
31, 2014;
(d) $16.88 per unit of service from January 1, 2015 through June
30, 2015;
(e) $17.39 per unit of service from January 1, 2016 through June
30, 2016;
(f) $17.99 per unit of service from July 1, 2016 through June 30,
2017;
(g) $18.61 per unit of service from July 1, 2017 through June 30,
2018;
(h) $19.26 per unit of service from July 1, 2018 through June 30,
2019;
(i) $19.93 per unit of service from July 1, 2019 through June 30,
2020;
(j) $20.72 per unit of service from July 1, 2020 through December
31, 2020; and]
[(k)] (a)
For dates of service January 1, 2021 through October 31, 2021, $21.55 per
unit of service [thereafter.];
(b) For dates of service November 1, 2021 through June 30, 2022,
$22.74 per unit of service;
(c) For dates of service July 1, 2022 through September 30,
2022, $24.56 per unit of service;
(d) For dates of service October 1, 2022 through December 31,
2022, $27.02 per unit; and
(e) For dates of service January 1, 2023 through June 30, 2023,
$24.56 per unit.
(7) Providers rendering services to Maryland Medicaid participants
residing in Calvert, Charles, Frederick, Montgomery, and Prince George’s
counties shall be reimbursed:
[(a) From October 1, 2020 through December 31, 2020, $21.82
per unit; and]
[(b)] (a) [Effective] For dates of service January 1, 2021 through October 31, 2021, $22.69 per unit[.];
(b) For dates of service November 1, 2021 through June 30, 2022,
$23.94 per unit;
(c) For dates of service July 1, 2022 through September 30,
2022, $25.86 per unit;
(d) For dates of service October 1, 2022 through December 31,
2022, $28.45 per unit; and
(e) For dates of service January 1, 2023 through June 30, 2023,
$25.86 per unit.
C.—E. (text unchanged)
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.89 1915(i) Intensive
Behavioral Health Services for Children, Youth, and Families
Authority: Health-General Article, §2-104(b), Annotated Code of
Maryland
Notice of Proposed Action
[22-341-P]
The Secretary of Health proposes to amend Regulations .09—.12 and .14 under COMAR 10.09.89
1915(i) Intensive Behavioral Health Services for Children, Youth, and Families.
Statement of Purpose
The purpose of this action is to update the listed provider
reimbursement rate to the 7.25 percent increased rate, effective for Fiscal
Year 2023, pursuant to Ch. 484 (S.B. 290), Acts of 2022, Fiscal Year 2023
Budget and the Governor’s supplemental budget. This action also consolidates
the new and existing reimbursement rates under Regulation .14 Payment
Procedures.
Estimate of Economic Impact
I. Summary of Economic Impact. The budget for Fiscal Year
2023 includes a 3.25 percent rate increase as well as a supplemental rate
increase of 4 percent. The total fiscal impact for FY 2023 of this 7.25 percent
rate increase on 1915(i) services is $8,151.10.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$8,151.10
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$8,151.10
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) The economic impact of the proposed action is the difference
in expenditure for FY 2022 and projected expenditure for FY 2023. Annual
1915(i) service utilization is expected to remain consistent between FY 2022
and FY 2023.
(2) The expenditure for FY 2022 is $112,429.00.
(3) The projected expenditure in FY 2023 is $120,580.10. This
estimate is based on the FY 2022 expenditures and is adjusted to reflect the
7.25 percent rate increase effective July 1, 2022.
(4) The projected expenditure is subject to a 66.49 percent
federal match (33.51 percent general funds $2,731.43; 66.49 percent federal
funds $5,419.67.)
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Small business providers enrolled as Maryland Medicaid 1915(i)
providers will benefit from increased reimbursement.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through April 24, 2023. A public hearing has not been scheduled.
.09 Covered Services — Family Peer Support Services.
Family peer support services:
A.—C. (text unchanged)
D. Are provided by a family support
organization (FSO) that:
(1)—(7) (text unchanged)
(8) Submits a certificate of
eligibility that includes:
(a) (text unchanged)
(b) The organization’s mission statement that establishes the
purpose of the organization as providing support and education to youth with
emotional, behavioral, or mental health challenges and their caregivers; and
E. Shall be provided by family peer support partners who:
(1)—(4) (text unchanged)
(5) Receive training and certification as approved by the
Department[; and].
[F. Effective January 1, 2021, are reimbursed at the
following rates:
(1) $19.16 per 15 minute unit for face-to-face services; or
(2) $9.57 per 15 minute unit for telephonic or other non-
face-to-face activities.]
.10 Covered Services —
Respite Services.
Respite services:
A.—B. (text unchanged)
C. Include out-of-home respite services, which provide a temporary
overnight living arrangement outside of the participant’s home; and
D. Are provided by organizations that shall:
(1)—(3) (text unchanged)
(4) Ensure that out-of-home respite services are:
(a) (text unchanged)
(b) Where applicable, delivered in accordance with COMAR
14.31.05—14.31.07[; and].
[E. Effective January 1, 2021, are reimbursed at the
following rates:
(1) $30.18 per 1-hour unit of service for community-based respite
services; or
(2) $239.26 per unit of out-of-home respite care.]
.11 Covered Services —
Expressive and Experiential Behavioral Services.
A.—B. (text unchanged)
[C. Reimbursement. Effective January 1, 2021, reimbursement
for services described in this regulation shall be as follows:
(1) For individual therapy provided by a:
(a) Licensed mental health professional at a rate of:
(i) $82.07 per 45—50 minute session; or
(ii) $107.52 per 75—80 minute session;
(b) Non-licensed mental health professional at a rate of:
(i) $74.60 per 45-minute session; or
(ii) $96.99 per 75—80 minute session; and
(2) For group therapy provided by a:
(a) Licensed mental health professional at a rate of:
(i) $32.62 per 45—60 minute session; or
(ii) $42.42 per prolonged (75—90 minute) session;
(b) Non-licensed mental health professional at a rate of:
(i) $28.99 per 45—60 minute session; or
(ii) $37.68 per prolonged (75—90 minute) session.]
.12 Covered Services —
Intensive In-Home Services.
A.—E. (text unchanged)
[F. Effective January 1, 2021, reimbursement for IIHS
services shall be provided at the rate of:
(1) $298.60 per week of service for EBP-IIHS providers; or
(2) $236.89 per week of service for non-EBP IIHS providers.]
.14 Payment Procedures.
A.—D. (text unchanged)
E. Family peer support services as described in Regulation .09
of this chapter shall be reimbursed at the following rates:
(1) For dates of service from January 1, 2021 through October
31, 2021:
(a) $19.16 per 15-minute unit for face-to-face services; or
(b) $9.57 per 15-minute unit for telephonic or other
non-face-to-face activities.
(2) For dates of service from November 1, 2021 through June 30,
2022:
(a) $20.19 per 15-minute unit for face-to-face services; or
(b) $10.09 per 15-minute unit for telephonic or other non-face-to-face
activities.
(3) Effective July 1, 2022:
(a) $21.65 per 15-minute unit for face-to-face services; or
(b) $10.82 per 15-minute unit for telephonic or other
non-face-to-face activities.
F. Respite services as described in Regulation .10 of this
chapter shall be reimbursed at the following rates:
(1) For dates of service from January 1, 2021 through October
31, 2021:
(a) $30.18 per 1-hour unit of service for community-based
respite services; or
(b) $239.26 per unit of out-of-home respite care.
(2) For dates of service from November 1, 2021 through June 30,
2022:
(a) $31.81 per 1-hour unit of service for community-based
respite services; or
(b) $252.18 per unit of out-of-home respite care.
(3) Effective July 1, 2022:
(a) $34.12 per 1-hour unit of service for community-based
respite services; or
(b) $270.46 per unit of out-of-home respite care.
G. Expressive and experiential behavioral services as described
in Regulation .11 of this chapter, when provided by a licensed mental health
professional, shall be reimbursed at the following rates:
(1) For dates of service from January 1, 2021 through October
31, 2021:
(a) For individual therapy:
(i) $82.07 per 45—50-minute session; or
(ii) $107.52 per 75—80-minute session; and
(b) For group therapy:
(i) $32.62 per 45—60-minute session; or
(ii) $42.42 per prolonged (75—90-minute) session.
(2) For dates of service from November 1, 2021 through June 30,
2022:
(a) For individual therapy:
(i) $86.50 per 45—50-minute session; or
(ii) $113.33 per 75—80-minute session; and
(b) For group therapy:
(i) $34.38 per 45—60-minute session; or
(ii) $44.71 per prolonged (75—90-minute) session.
(3) Effective July 1, 2022:
(a) For individual therapy:
(i) $92.77 per 45—50-minute session; or
(ii) $121.55 per 75—80-minute session; and
(b) For group therapy:
(i) $36.87 per 45—60-minute session; or
(ii) $47.95 per prolonged (75—90-minute) session.
H. Expressive and experiential behavioral services as described
in Regulation .11 of this chapter, when provided by a non-licensed mental
health professional, shall be reimbursed at the following rates:
(1) For dates of service from January 1, 2021 through October
31, 2021:
(a) For individual therapy:
(i) $74.60 per 45-minute session; or
(ii) $96.99 per 75—80-minute session; and
(b) For group therapy:
(i) $28.99 per 45—60-minute session; or
(ii) $37.68 per prolonged (75—90-minute) session.
(2) For dates of service from November 1, 2021 through June 30,
2022:
(a) For individual therapy:
(i) $78.68 per 45-minute session; or
(ii) $102.23 per 75—80-minute session; and
(b) For group therapy:
(i) $30.56 per 45—60-minute session; or
(ii) $39.71 per prolonged (75—90-minute) session.
(3) Effective July 1, 2022:
(a) For individual therapy:
(i) $84.33 per 45-minute session; or
(ii) $109.64 per 75—80-minute session; and
(b) For group therapy:
(i) $32.78 per 45—60-minute session; or
(ii) $42.59 per prolonged (75—90-minute) session.
I. Intensive in-home services as described in Regulation .12 of
this chapter shall be reimbursed at the following rates:
(1) For dates of service from January 1, 2021 through October
31, 2021:
(a) $298.60 per week of service for EBP-IIHS providers; or
(b) $236.89 per week of service for non-EBP IIHS providers.
(2) For dates of service from November 1, 2021 through June 30,
2022:
(a) $314.72 per week of service for EBP-IIHS providers; or
(b) $249.68 per week of service for non-EBP IIHS providers.
(3) Effective July 1, 2022:
(a) $337.54 per week of service for EBP-IIHS providers; or
(b) $267.78 per week of service for non-EBP IIHS providers.
DENNIS R.
SCHRADER
Secretary of Health
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 51 ELECTRICITY SUPPLIERS
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101,
7-507, and 7-511, Annotated Code of Maryland
Notice of Proposed Action
[22-354-P]
The Public Service Commission proposes to:
(1) Amend Regulation .02 under COMAR 20.51.01 General Provisions; and
(2) Amend Regulation .03 and adopt new Regulation .10 under COMAR 20.51.02 Administrative Provisions.
This action was considered by the Maryland Public Service
Commission at a scheduled rule-making (RM 78) meeting held on November 9, 2022,
notice of which was given under General Provisions Article, §3-302, Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to provide an application process
for retail suppliers to seek Commission approval of offers for energy
assistance households and to define new statutory terms within regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. Implementation of these
regulations will provide economic benefit to customers receiving energy
assistance through the Office of Home Energy Programs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(-)
|
Unknown
|
|
E. On other industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(+)
|
Unknown
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Customers
|
(+)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D and E. Implementation of these regulations will require system
changes and updates from both regulated utilities and retail suppliers. The
magnitude of these costs is unknown until these companies have completed the
programming and testing to execute the requirements.
F. Implementation of these regulations will provide economic
benefit to customers receiving energy assistance through the Office of Home
Energy Programs. The law and regulations will prevent energy assistance
recipients from paying more than the applicable utility default rate for their
electricity supply, thereby reducing bills, arrearages, and utility
disconnections. This will also increase the effectiveness of energy assistance
payments at relieving energy burdens on the target population.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through April 24, 2023. A public hearing has not been
scheduled.
20.51.01 General Provisions
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, and 7-507, Annotated Code of
Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(8) “Contract for energy assistance
households” means a residential retail energy supply contract that meets the
legal requirements of Public Utilities Article, §4-308, Annotated Code of
Maryland, and any other applicable requirements in the Public Utilities Article
in connection with a supplier’s supply service for customers who are part of an
energy assistance household.
[(8)] (9)—[(11)] (12) (text unchanged)
(13) “Energy assistance household”
means that the Office of Home Energy Programs found that the service address or
household associated with the utility account qualified for an electric
assistance program during the current or previous fiscal year. For a utility
that provides both gas and electric service, an energy assistance household means
that the Office of Home Energy Programs found that the service address or
household associated with the utility account qualified for an electric or gas
assistance program during the current or previous fiscal year.
(14) “Energy assistance program”
means the following programs administered by the Maryland Office of Home Energy
Programs by which a customer receives financial assistance paying their
electricity utility bills, which includes but is not necessarily limited to:
(a) The Maryland Energy Assistance Program;
(b) The Electric Universal
Service Program; and
(c) The Arrearage Retirement
Assistance Program.
(15) “Fiscal year” means the
12-month period that begins on July 1 of a calendar year and ends June 30 of
the next calendar year.
[(12)] (16)—[(21)] (25) (text unchanged)
(26) “Standard offer service”
has the meaning stated in Public Utilities Article, §7-501, Annotated Code of
Maryland.
[(22)] (27)—[(23)] (28) (text
unchanged)
20.51.02 Administrative Provisions
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101,
7-507, and 7-511, Annotated Code of Maryland
.03 Number of Copies; Service.
A. An applicant shall file [an
original and 14 copies of] an
application with the Commission.
B. (text unchanged)
.10 Approving a Contract for
Energy Assistance Households.
A. For contracts signed on or
after July 1, 2023, an electricity supplier may not serve a customer in an
energy assistance household except pursuant to a Commission-approved contract
for energy assistance households.
B. An electricity supplier
applying for approval of a contract for energy assistance households shall file
on a form provided by the Commission.
C. The submission shall
include:
(1) The identity of the
applicant;
(2) The service territories
and commodities applied for;
(3) A copy of the contract
and contract summary form that will be used for sales to energy assistance
households;
(4) A description of the
price a customer will pay, as it will appear on the customer contract;
(5) For any months where the
utility standard offer service rate is not known at the time of application, a
description of how the supplier will ensure that the retail supplier’s rate for
energy assistance households remains at or below the utility standard offer
service rate;
(6) A commitment for the
entirety of the term of the supply contract to charge at or below the utility
standard offer service rate;
(7) A commitment to follow
the terms of Public Utilities Article, §4-308, Annotated Code of Maryland; and
(8) A commitment to uniquely
identify the offer in such a way as to distinguish the Commission-approved
contract for energy assistance households from other supply products the
supplier may be offering for sale in Maryland.
D. The Commission may approve
a supplier’s application for a contract for energy assistance households
subject to any conditions the Commission determines appropriate.
ANDREW S.
JOHNSTON
Executive Secretary
Subtitle 53 COMPETITIVE ELECTRICITY
SUPPLY
Notice of Proposed Action
[22-357-P]
The Public Service Commission proposes to:
(1) Amend Regulation .02
under COMAR
20.53.01 General;
(2) Amend Regulation .02
under COMAR 20.53.03 Pre-Enrollment Information;
(3) Amend Regulation .02
under COMAR 20.53.04 Transfers of Service; and
(4) Amend Regulations .02,
.05, .07, .08, .10, .12, and .13 and adopt
new Regulation .14 under COMAR
20.53.07 Residential Customer Protection.
This action was considered by the Maryland Public Service
Commission at a scheduled rule-making (RM 78) meeting held on November 9, 2022,
notice of which was given under General Provisions Article, §3-302, Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to effectuate consumer protections
necessary to satisfy the statutory mandates of Public Utilities Article, §4-308,
Annotated Code of Maryland, and to define new statutory terms within
regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. Implementation of these
regulations will provide economic benefit to customers receiving energy
assistance through the Office of Home Energy Programs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Utility companies and retail suppliers
|
(-)
|
Unknown
|
|
E. On other industries or
trade groups:
|
|
|
|
Utility companies and retail suppliers
|
(-)
|
Unknown
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Customers
|
(+)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D and E. Implementation of these regulations will require system
changes and updates from both regulated utilities and retail suppliers. The
magnitude of these costs is unknown until these companies have completed the
programming and testing to execute the requirements.
F. Implementation of these regulations will provide economic
benefit to customers receiving energy assistance through the Office of Home
Energy Programs. The law and regulations will prevent energy assistance
recipients from paying more than the applicable utility default rate for their
electricity supply, thereby reducing bills, arrearages, and utility
disconnections. This will also increase the effectiveness of energy assistance
payments at relieving energy burdens on the target population.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through April 24, 2023. A public hearing has not been
scheduled.
20.53.01 General
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505,
7-507, 7-511, and 7-603, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) “Contract for energy assistance
households” means a residential retail energy supply contract that meets the
legal requirements of Public Utilities Article, §4-308, Annotated Code of
Maryland, and any other applicable requirements in the Public Utilities Article
in connection with a supplier’s supply service for customers who are part of an
energy assistance household.
[(6)] (7)—[(11)] (12) (text unchanged)
(13) “Energy assistance household”
means that the Office of Home Energy Programs found that the service address or
household associated with the utility account qualified for an electric
assistance program during the current or previous fiscal year. For a utility
that provides both gas and electric service, an energy assistance household
means that the Office of Home Energy Programs found that the service address or
household associated with the utility account qualified for an electric or gas
assistance program during the current or previous fiscal year.
(14) “Energy assistance program”
means the following programs administered by the Maryland Office of Home Energy
Programs by which a customer receives financial assistance paying their
electricity utility bills, which includes but is not necessarily limited to:
(a) The Maryland Energy
Assistance Program;
(b) The Electric Universal
Service Program; and
(c) The Arrearage Retirement
Assistance Program.
[(12)] (15)—[(13)] (16) (text unchanged)
(17) “Fiscal year” means the
12-month period that begins on July 1 of a calendar year and ends June 30 of
the next calendar year.
[(14)] (18)—[(16)] (20) (text unchanged)
(21) “Standard offer service
(SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated
Code of Maryland.
(22) “Standard offer service
rate” is the utility rate as approved in the utility’s applicable SOS tariff
that would be charged to an SOS customer, excluding any charges, adjustments,
riders, or taxes related to distribution rate. The utility shall post and
maintain this rate in an easily accessible location on its website.
[(17)] (23)—[(19)] (25) (text unchanged)
[(20) Standard offer
service (SOS) has the meaning stated in Public Utilities Article, §7-501,
Annotated Code of Maryland.]
[(21)] (26)—[(22)] (27) (text unchanged)
20.53.03
Pre-Enrollment Information
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505,
7-507, 7-511, and 7-603, Annotated Code of Maryland
.02 Pre-Enrollment Information.
A. On request of a supplier, a utility shall provide the following
applicable customer information:
(1)—(7) (text unchanged)
(8) Energy assistance
household status;
[(8)] (9)—[(18)] (19) (text unchanged)
B. (text unchanged)
20.53.04 Transfers of Service
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101,
7-505,
7-507, 7-511, and 7-603, Annotated Code of Maryland
.02 Supplier Enrollment and Drops.
A.—G. (text unchanged)
H. Beginning July 1, 2023, a
utility shall reject a customer’s enrollment with a supplier if, at the time of
the enrollment:
(1) The customer is an energy
assistance household; and
(2) The supplier does not
have a Commission-approved contract for energy assistance households.
[H.] I. The supplier shall inform the customer within 2 weeks if a customer’s
enrollment is rejected for the reasons specified in §G or H of this regulation.
[I.] J.
(text unchanged)
K. For Contracts Signed on or
After July 1, 2023 with a Customer Who Starts to Receive Energy Assistance
While Receiving Service from an Electric Supplier.
(1) When a utility determines
that a supplier’s existing customer is newly identified as an energy assistance
household, the utility shall within 3 business days provide the supplier notice
of that determination.
(2) Upon receipt of the
notice required under §K(1) of this regulation, the retail supplier shall,
within 5 business days:
(a) Terminate the contract
and return the customer to SOS;
(b) If provided for under the
existing contract, begin providing service under a Commission-approved contract
for low-income customers; or
(c) Obtain the customer’s
consent to receive service under a Commission-approved contract for low-income
customers.
(3) The supplier shall charge
the customer the supplier’s current contract rate or SOS rate, whichever is
lower, for the time between the supplier’s receipt of the notice in §K(1) of
this regulation and the date the customer either is dropped to SOS or begins
receiving service under a contract for energy assistance households.
20.53.07 Residential Customer Protection
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505,
7-507, 7-511, and 7-603, Annotated Code of Maryland
.02 Disclosure of Customer Information.
A. Except as provided in §B of this regulation, a supplier may not
disclose a customer’s billing, payment, energy assistance household status, and credit information without the customer’s
consent.
B.—C. (text unchanged)
.05 Unauthorized Enrollment or Service.
A.—B. (text unchanged)
C. Prohibition on Serving
Energy Assistance Households on Unapproved Contracts.
(1) For contracts signed on
or after July 1, 2023, a supplier may not charge an energy assistance household
for supply services unless those charges are for a Commission-approved contract
for energy assistance households as set forth in COMAR 20.51.02.10.
(2) Prior to submitting an
enrollment, a supplier shall make reasonable efforts to ensure that energy
assistance households are only enrolled on approved contracts, including, but
not limited to:
(a) Customer inquiry;
(b) Disclosing to the
customer that an unapproved offer is not available to energy assistance
households;
(c) Checking the My OHEP
Status Portal; or
(d) Acquiring pre-enrollment
information as provided in COMAR 20.53.03.02A(8).
[C.] D.—[D.] E. (text unchanged)
.07 Advertising and Solicitations.
A. Advertising Permitted.
(1)—(2) (text unchanged)
(3) A supplier may not make
an offer to an energy assistance household unless the offer is for a Commission-approved
contract for energy assistance households.
B. Disclosures.
(1)—(2) (text unchanged)
(3) All supplier marketing or
solicitation information shall include either:
(a) If a supplier is
marketing a Commission-approved contract for energy assistance households, a
statement that customers enrolled in an energy assistance program cannot be
charged more than the utility’s standard offer service rate; or
(b) If a supplier is
marketing a product that is not approved for energy assistance households, a
statement that a customer enrolled with an energy assistance program cannot
enroll in this product.
C.—D. (text unchanged)
.08 Supplier Contracts.
A. Minimum Contract Requirements.
(1) (text unchanged)
(2) A supplier contract shall contain all material terms and
conditions, including:
(a)—(m) (text unchanged)
(n) A statement that the customer may terminate the contract early,
including the:
(i)—(iii) (text unchanged)
(iv) Remedies available to the supplier if early cancellation
occurs; [and]
(v) Amount
of any early cancellation fee; and
(vi) Statement that the
supplier cannot charge a termination fee to energy assistance households;
(o)—(p) (text unchanged)
(q) A dispute procedure; [and]
(r) Identification if the
contract is for an energy assistance household;
(s) A statement that a
contract may be cancelled early if a supplier can no longer serve the customer
under the existing contract between the supplier and the customer as required
by Public Utilities Article, §4-308, Annotated Code of Maryland;
(t) A statement, in a
prominent manner with specific written confirmation, regarding whether the
customer is receiving, or received during the previous fiscal year, energy
assistance from an energy assistance program; and
[(r)] (u) (text unchanged)
(3) Beginning July 1, 2023,
if a supplier’s offer is a Commission-approved offer for energy assistance
households, the supplier contract shall contain a statement that energy
assistance households cannot be charged more than the utility’s standard offer
service rate.
B.—C. (text unchanged)
D. Evergreen Contracts.
(1)—(2) (text unchanged)
(3) A clear and concise price description of each service,
including, but not limited to, any condition of variability or limits on price
variability.
(a) If there is a limit on price variability, such as a specific
price cap, a maximum percentage increase in price between billing cycles or
minimum/maximum charges per kilowatt-hour for electricity during the term of
the contract, the supplier shall clearly explain applicable limits[.]
or
(b) (text unchanged)
(4)—(5) (text unchanged)
(6) Beginning July 1, 2023, a
supplier may not renew an evergreen contract for an energy assistance household
unless the renewal is onto a Commission-approved contract for energy assistance
households.
.10 Notice of Contract
Expiration or Cancellation.
A. Notice. Except as
permitted in [§D] §§D and G of this regulation, a supplier shall provide
the customer with notice at least 30 days before expiration or cancellation of
a supply contract.
B. (text unchanged)
C. Early Cancellation.
(1) (text unchanged)
(2) Early Cancellation Fee.
(a)—(b) (text unchanged)
(c) Beginning July 1, 2023, a
supplier may not impose a cancellation fee on an energy assistance household.
(3)—(4) (text unchanged)
D.—F. (text unchanged)
G. Cancellation of Contract
for Customers Who Start Receiving Energy Assistance.
(1) A supplier which receives
notice from a utility that a customer is newly identified as an energy
assistance household shall provide notice to the customer within 3 business
days.
(2) The notice shall:
(a) Inform the customer that:
(i) The supplier can no
longer serve the customer under their existing contract under Public Utilities
Article, §4-308, Annotated Code of Maryland;
(ii) Unless the customer
selects a new service provider with a Commission-approved contract for energy
assistance households, cancellation of the contract shall return the customer
to the utility’s standard offer service; and
(ii) The supplier cannot
charge a termination or early cancellation fee; and
(b) Provide the toll-free
telephone number and the website address of the Commission.
(3) In addition to the notice
required in §G(2) of this regulation, if the supplier chooses to offer the
customer a Commission-approved contract for energy assistance households, the
supplier shall include all the information necessary to enroll the customer,
including:
(a) The Commission-approved
contract for energy assistance households and the contract summary; and
(b) Instructions for the
customer to provide consent to receive service under the Commission-approved
contract for energy assistance households.
(4) If the existing contract
allows the supplier to provide service under a Commission-approved contract for
energy assistance without additional customer consent, the supplier shall
include with the notice the Commission-approved contract for energy assistance
households and the contract summary.
.12 Assignment of Contract.
A.—E. (text unchanged)
F. The suppliers may not
transfer a customer with a contract for energy assistance households unless the
receiving supplier has a Commission-approved contract for energy assistance
households.
.13 Notice of Change in Rate.
A.—D. (text unchanged)
E. A supplier may charge a
rate lower than its stated rate in a contract for energy assistance households
to comply with Public Utilities Article, §4-308, Annotated Code of Maryland,
without providing notice.
.14 Energy Assistance
Households.
A. Utility Obligation to
Reject Enrollments.
(1) Beginning July 1, 2023, a
supplier may only enroll energy assistance households onto a
Commission-approved contract for energy assistance households.
(2) Beginning on July 1,
2023, when a utility receives a supplier enrollment, the utility shall
determine the customer’s energy assistance household status and reject the enrollment
if the supplier does not have a Commission-approved contract for energy
assistance households. When rejecting an enrollment, the utility shall identify
the reason for rejecting the enrollment as the customer’s energy assistance
household status.
(3) The utility shall record
the number of rejected enrollments and provide annual reporting to the
Commission.
B. Contracts for Energy
Assistance Households.
(1) A contract for energy
assistance households shall guarantee service at rates at or below the utility’s
SOS rate for the term of the contract.
(2) The retail supplier’s
rate for comparison shall include all commodity charges, including fixed
charges divided by the kWh consumed.
(3) The retail supplier’s
rate may not include a downward adjustment to reflect non-energy products or
services that the supplier provides or offers to customers, including, but not
limited to, gift cards, free or discounted warranties, and discounts for
non-energy products.
(4) For billing periods which
extend over more than one SOS rate, the rate for comparison shall be:
(a) If the customer does not
have an AMI meter, the weighted average of the number of days on each SOS rate;
or
(b) If the customer does have
an AMI meter, the SOS rate applied to the usage on each rate.
C. For contracts signed or
renewed on or after July 1, 2023, if a supplier charges a customer in an energy
assistance household pursuant to a contract that is not a Commission-approved
contract for energy assistance households, the customer is entitled to remedies
as defined in §D of this regulation.
D. Customer Remedies.
(1) Refund.
(a) Customer remedies for a
violation of §§B and C of this regulation shall be a refund for each billing
period where the supplier charged more than the standard offer service rate.
(b) The refund shall be
calculated as the difference between the monies paid during the billing period
and the standard offer service rate during that period.
(c) The refund shall include
interest based on the interest rate that is applied to a utility’s refund of
customer deposits under COMAR 30.01.05.
(2) The refund shall be
remitted as follows:
(a) If the charges have been
billed by and the receivable purchased by the utility, the refund shall be
remitted to the utility by the supplier. The refund shall be applied to the
customer’s utility account current balance and the excess returned to the
customer upon request. If the customer is no longer served by the utility, then
the refund shall be returned to the customer.
(b) Upon purchase of any
receivable under this section, the utility shall be entitled to collect from
the customer, and the customer shall be responsible to pay the utility, the
total amount billed less any refund.
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 54 GAS SUPPLIERS
Notice of Proposed Action
[22-359-P]
The Public Service Commission proposes to:
(1) Amend Regulation .02 under COMAR 20.54.01 General Provisions; and
(2) Amend Regulation .03 and adopt new Regulation .10 under COMAR 20.54.02 Administrative Provisions.
This action was considered by the Maryland Public Service
Commission at a scheduled rule-making (RM 78) meeting held on November 9, 2022,
notice of which was given under General Provisions Article, §3-302, Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to provide an application process
for retail suppliers to seek Commission approval of offers for energy
assistance households and to define new statutory terms within regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. Implementation of these
regulations will provide economic benefit to customers receiving energy
assistance through the Office of Home Energy Programs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(-)
|
Unknown
|
|
E. On other industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(+)
|
Unknown
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Customers
|
(-)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D and E. Implementation of these regulations will require system
changes and updates from both regulated utilities and retail suppliers. The
magnitude of these costs is unknown until these companies have completed the
programming and testing to execute the requirements.
F. Implementation of these regulations will provide economic
benefit to customers receiving energy assistance through the Office of Home Energy
Programs. The law and regulations will prevent energy assistance recipients
from paying more than the applicable utility default rate for their gas supply,
thereby reducing bills, arrearages, and utility disconnections. This will also
increase the effectiveness of energy assistance payments at relieving energy
burdens on the target population.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through April 24, 2023. A public hearing has not been
scheduled.
20.54.01 General Provisions
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507,
7-511, and 7-601—7-606, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(8) “Contract for energy assistance
households” means a residential retail energy supply contract that meets the
legal requirements of Public Utilities Article, §4-308, Annotated Code of
Maryland, and any other applicable requirements in the Public Utilities Article
in connection with a supplier’s supply service for customers who are part of an
energy assistance household.
(9) “Energy assistance household”
means that the Office of Home Energy Programs found that the service address or
household associated with the utility account qualified for a gas assistance
program during the current or previous fiscal year. For a utility that provides
both gas and electric service, an energy assistance household means that the
Office of Home Energy Programs found that the service address or household
associated with the utility account qualified for an electric or gas assistance
program during the current or previous fiscal year.
(10) “Energy assistance program”
means the following programs administered by the Maryland Office of Home Energy
Programs by which a customer receives financial assistance paying their gas
utility bills, which includes but is not necessarily limited to:
(a) The Maryland Energy
Assistance Program;
(b) The Utility Service
Protection Program; and
(c) The Arrearage Retirement
Assistance Program.
(11) “Fiscal year” means the
12-month period that begins on July 1 of a calendar year and ends June 30 of
the next calendar year.
(12) “Gas commodity price or net
purchased gas charge” means the utility rate for a given period as approved in
the utility’s applicable sales service tariff that would be charged to a
utility gas commodity customer, excluding any charges, adjustments, riders, or
taxes related to distribution rates.
[(8)] (13)—[(13)] (18) (text unchanged)
(19) “Sales service” means
the supply of retail gas commodity service by the customer’s gas company.
[(14)] (20)
(text unchanged)
20.54.02 Administrative Provisions
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507,
7-511, and 7-601—7-606, Annotated Code of Maryland
.03 Number of Copies; Service.
A. An applicant shall file [an
original and 15 paper copies and] an
electronic copy of an application with the Commission.
B. (text unchanged)
.10 Approving a Contract for
Energy Assistance Households.
A. Beginning July 1, 2023, a
gas supplier may not serve a customer in an energy assistance household except
pursuant to a Commission approved contract for energy assistance households.
B. A gas supplier applying
for approval of a contract for energy assistance households shall file on a
form provided by the Commission.
C. The submission shall
include:
(1) The identity of the
applicant;
(2) The service territories
and commodities applied for;
(3) A copy of the contract
and contract summary form that will be used for sales to energy assistance
households;
(4) A description of the
price a customer will pay, as it will appear on the customer contract;
(5) For any months where the
utility gas commodity price or net purchased gas charge is not known at the
time of application, a description of how the supplier will ensure that the
retail supplier’s rate for energy assistance households remains at or below the
utility gas commodity price or net purchased gas charge;
(6) A commitment for the
entirety of the term of the supply contract to charge at or below the utility
gas commodity price or net purchased gas charge;
(7) A commitment to follow
the terms of Public Utilities Article, §4-308, Annotated Code of Maryland; and
(8) A commitment to uniquely
identify the offer in such a way as to distinguish the Commission-approved
contract for energy assistance households from other supply products the
supplier may be offering for sale in Maryland.
D. The Commission may approve
a supplier’s application for a contract for energy assistance households
subject to any conditions the Commission determines appropriate.
ANDREW S.
JOHNSTON
Executive Secretary
Subtitle 59 COMPETITIVE GAS SUPPLY
Notice of Proposed Action
[22-365-P]
The Public Service Commission proposes to:
(1) Amend Regulation .02
under COMAR 20.59.01 General;
(2) Amend Regulation .02
under COMAR 20.59.03 Pre-Enrollment Information;
(3) Amend Regulation .02
under COMAR 20.59.04 Transfers of Service;
(4) Amend Regulations .02,
.05, .07, .08, .10, .12, and .13 and adopt
new Regulation .14 under COMAR 20.59.07 Residential Customer Protection.
This action was considered by the Maryland Public Service
Commission at a scheduled rule-making (RM 78) meeting held on November 9, 2022,
notice of which was given under General Provisions Article, §3-302, Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to effectuate consumer protections
necessary to satisfy the statutory mandates of Public Utilities Article,
§4-308, Annotated Code of Maryland, and to define new statutory terms within
regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. Implementation of these
regulations will provide economic benefit to customers receiving energy
assistance through the Office of Home Energy Programs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(-)
|
Unknown
|
|
E. On other industries or
trade groups:
|
|
|
|
Utility companies and retail
suppliers
|
(-)
|
Unknown
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Customers
|
(+)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D and E. Implementation of these regulations will require system
changes and updates from both regulated utilities and retail suppliers. The
magnitude of these costs is unknown until these companies have completed the
programming and testing to execute the requirements.
F. Implementation of these regulations will provide economic
benefit to customers receiving energy assistance through the Office of Home
Energy Programs. The law and regulations will prevent energy assistance
recipients from paying more than the applicable utility default rate for their
gas supply thereby reducing bills, arrearages and utility disconnections. This
will also increase the effectiveness of energy assistance payments at relieving
energy burdens on the target population.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through April 24, 2023. A public hearing has not been
scheduled.
20.59.01 General
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101,
7-507,
7-511, 7-603, 7-604(b), and 7-606, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) “Contract for energy assistance households” means a residential
retail energy supply contract that meets the legal requirements of Public
Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable
requirements in the Public Utility Article, in connection with a supplier’s
supply service for customers who are part of an energy assistance household.
[(7)] (8)—[(10)] (11) (text unchanged)
(12) “Energy assistance household” means that the Office of Home Energy
Programs found that the service address or household associated with the
utility account qualified for a gas assistance program during the current or
previous fiscal year. For a utility that provides both gas and electric
service, an energy assistance household means that the Office of Home Energy Programs
found that the service address or household associated with the utility account
qualified for an electric or gas assistance program during the current or
previous fiscal year.
(13) “Energy assistance program” means the following programs
administered by the Maryland Office of Home Energy Programs by which a customer
receives financial assistance paying their gas utility bills, which includes
but is not necessarily limited to:
(a) The Maryland Energy Assistance Program;
(b) The Utility Service Protection Program; and
(c) The Arrearage Retirement Assistance Program.
[(11)] (14)—[(12)] (15) (text unchanged)
(16) “Fiscal year” means the 12-month period that begins on July 1 of a
calendar year and ends June 30 of the next calendar year.
(17) “Gas commodity price or net purchased gas charge” is the utility
rate for a given period as approved in the utility’s applicable sales service
tariff, that would be charged to a utility gas commodity customer, excluding
any charges, adjustments, riders, or taxes related to distribution rates. The
utility shall post and maintain this rate in an easily accessible location on
its website.
[(13)] (18)—[(23)] (28) (text unchanged)
20.59.03 Pre-Enrollment Information
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507,
7-511, 7-603, 7-604(b), 7-606, and 7-607, Annotated Code of Maryland
.02 Pre-Enrollment Information.
A. On request of a supplier, a utility shall provide the following
applicable customer information:
(1)—(2) (text unchanged)
(3) Energy assistance
household status;
[(3)] (4)—[7]
(8) (text unchanged)
B. (text unchanged)
20.59.04 Transfers of Service
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507,
7-511, 7-603, 7-604(b), and 7-606, Annotated Code of Maryland
.02 Enrollment.
A.—F. (text unchanged)
G. Beginning July 1, 2023, a
utility shall reject a customer’s enrollment with a supplier if, at the time of
the enrollment:
(1) The customer is an energy
assistance household; and
(2) The supplier does not
have a Commission-approved contract for energy assistance households.
[G.] H. The supplier shall
inform the customer if a customer’s enrollment is rejected for the reasons
specified in §F or G of this regulation.
[H.] I. (text unchanged)
J. For Contracts Signed on or
After July 1, 2023 with a Customer Who Starts to Receive Energy Assistance
While Receiving Service from a Gas Supplier.
(1) When a utility determines
that a supplier’s existing customer is newly identified as an energy assistance
household, the utility shall within 3 business days provide the supplier notice
of that determination.
(2) Upon receipt of the
notice required under §J(1) of this regulation, the retail supplier shall,
within 5 business days:
(a) Terminate the contract
and return the customer to sales service;
(b) If provided for under the
existing contract, begin providing service under a Commission-approved contract
for low-income customers; or
(c) Obtain the customer’s
consent to receive service under a Commission-approved contract for low-income
customers.
(3) The supplier shall charge
the customer the supplier’s current contract rate or the utility gas commodity
price or net purchased gas rate, whichever is lower, for the time between the
supplier’s receipt of the notice in §J(1) of this regulation and the date the
customer either is dropped to sales service or begins receiving service under a
contract for energy assistance households.
20.59.07 Residential Customer Protection
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507,
7-511, and 7-601—7-606, Annotated Code of Maryland
.02 Disclosure of Customer Information.
A. Except as provided in §B of this regulation, a supplier may not
disclose a customer’s billing, payment, energy
assistance household status, or credit information without the customer’s
consent.
B.—C. (text unchanged)
.05 Unauthorized Enrollment or Service.
A.—B. (text unchanged)
C. Prohibition on Serving
Energy Assistance Households on Unapproved Contracts.
(1) For contracts signed on
or after July 1, 2023, a supplier may not charge an energy assistance household
for supply services unless those charges are for a Commission-approved contract
for energy assistance households as set forth in COMAR 20.54.04.02K.
(2) Prior to submitting an
enrollment, a supplier shall make reasonable efforts to ensure that energy
assistance households are only enrolled on approved contracts, including, but
not limited to:
(a) Customer inquiry;
(b) Disclosing to the
customer that an unapproved offer is not available to energy assistance
households;
(c) Checking the My OHEP
Status Portal; or
(d) Acquiring pre-enrollment
information as provided in COMAR 20.53.03.02A(8).
[C.] D.—[D.] E. (text unchanged)
.07 Advertising and Solicitations.
A. Advertising Permitted.
(1)—(2) (text unchanged)
(3) A supplier may not make an offer to an energy assistance household
unless the offer is for a Commission-approved contract for energy assistance
households.
B. Disclosures.
(1)—(2) (text unchanged)
(3) All supplier marketing or solicitation information shall include
either:
(a) If a supplier is marketing a Commission-approved contract for energy
assistance households, a statement that customers enrolled in an energy
assistance program cannot be charged more than the utility’s gas commodity price
or net purchased gas charge; or
(b) If a supplier is marketing a product that is not approved for energy
assistance households, a statement that a customer enrolled with an energy
assistance program cannot enroll in this product.
C. Internet.
(1) (text unchanged)
(2) Commission Website.
(a) Suppliers shall submit
open offers to the Commission’s website according to instructions provided by
the Commission[.]; and
(b) (text unchanged)
D. (text unchanged)
.08 Supplier Contracts.
A. Minimum Contract Requirements.
(1) (text unchanged)
(2) A supplier contract
shall contain all material terms and conditions, including:
(a)—(m) (text unchanged)
(n) A statement that the
customer may terminate the contract early, including the:
(i)—(iii) (text unchanged)
(iv) Remedies available to
the supplier if early cancellation occurs; [and]
(v) Amount of any early
cancellation fee; and
(vi) Statement that the supplier cannot charge a termination fee to
energy assistance households;
(o)—(p) (text unchanged)
(q) A dispute procedure; [and]
(r) Identification if the contract is for an energy assistance
household;
(s) A statement that a contract may be cancelled early if a supplier can
no longer serve the customer under the existing contract between the supplier and
the customer as required by Public Utilities Article, §4-308, Annotated Code of
Maryland;
(t) A statement, in a prominent manner with specific written
confirmation, regarding whether the customer is receiving, or received during
the previous fiscal year, energy assistance from an energy assistance program;
and
[(r)]
(u) (text unchanged)
(3) Beginning July 1, 2023, if a supplier’s offer is a
Commission-approved offer for energy assistance households, the supplier
contract shall contain a statement that energy assistance households cannot be
charged more than the utility’s gas commodity or net purchased gas charge.
B.—C. (text unchanged)
D. Evergreen Contracts.
(1)—(5) (text unchanged)
(6) Beginning July 1, 2023, a supplier may not renew an evergreen contract
for an energy assistance household unless the renewal is onto a
Commission-approved contract for energy assistance households.
.10 Notice of Contract
Expiration or Cancellation.
A. Notice. Except as
permitted in [§D] §§D and G of this regulation, a supplier
shall provide the customer with notice at least 30 days before expiration or
cancellation of a supply contract.
B. (text unchanged)
C. Early Cancellation.
(1) (text unchanged)
(2) Early Cancellation Fee.
(a)—(b) (text unchanged)
(c) Beginning July 1, 2023, a supplier may not impose a cancellation fee
on an energy assistance household.
(3) Except as provided in [COMAR 20.59.04.04 and .05,] COMAR
20.59.04.02 and .04 or in a tariff
providing for a supplier default, a utility may remove a customer from supplier
services only if directed by a supplier, subject to applicable bankruptcy law.
(4)—(5) (text unchanged)
D.—F. (text unchanged)
G. Cancellation of Contract for Customers Who Start Receiving Energy
Assistance.
(1) A supplier which receives notice from a utility that a customer is
newly identified as an energy assistance household shall provide notice to the
customer within 3 business days.
(2) The notice shall:
(a) Inform the customer that:
(i) The supplier can no longer serve the customer under their existing
contract under Public Utilities Article, §4-308;
(ii) Unless the customer selects a new service provider with a
Commission-approved contract for energy assistance households, cancellation of
the contract shall return the customer to the utility’s standard offer service;
and
(iii) The supplier cannot charge a termination or early cancellation
fee; and
(b) Provide the toll-free telephone number and the website address of
the Commission.
(3) In addition to the notice required in §G(2) of this regulation, if
the supplier chooses to offer the customer a Commission-approved contract for
energy assistance households, then the supplier shall include all the
information necessary to enroll the customer, including:
(a) The Commission-approved contract for energy assistance households
and the contract summary; and
(b) Instructions for the customer to provide consent to receive service
under the Commission-approved contract for energy assistance households.
(4) If the existing contract allows the supplier to provide service
under a Commission-approved contract for energy assistance without additional
customer consent, the supplier shall include in the notice the
Commission-approved contract for energy assistance households and the contract
summary.
.12 Assignment of Contract.
A.—E. (text unchanged)
F. The suppliers may not transfer a customer with a contract for energy
assistance households unless the receiving supplier has a Commission-approved
contract for energy assistance households.
.13 Notice of Change in
Rate.
A.—D. (text unchanged)
E. A supplier may charge a rate lower than its stated rate in a contract
for energy assistance households to comply with Public Utilities Article,
§4-308, Annotated Code of Maryland, without providing notice.
.14 Energy Assistance Households.
A. Utility Obligation to Reject Enrollments.
(1) Beginning on July 1, 2023, an energy assistance household may only
be enrolled by a supplier onto a Commission-approved contract for energy
assistance households.
(2) Beginning on July 1, 2023, when a utility receives a supplier
enrollment the utility shall determine the customer’s energy assistance
household status and reject the enrollment if the supplier does not have a
Commission-approved contract for energy assistance households. When rejecting
an enrollment, the utility shall identify the reason for rejecting the
enrollment as the customer’s energy assistance household status.
(3) The utility shall record the number of rejected enrollments and
provide annual reporting to the Commission.
B. Contracts for Energy Assistance Households.
(1) A contract for energy assistance households shall guarantee service
at rates at or below the utility’s gas commodity price or net purchased gas
charge for the term of the contract.
(2) The retail supplier’s rate for comparison shall include all
commodity charges, including fixed charges divided by the therms consumed.
(3) The retail supplier’s rate may not include a downward adjustment to
reflect non-energy products or services that the supplier provides or offers to
customers, including, but not limited to, gift cards, free or discounted
warranties, and discounts for non-energy products.
(4) For billing periods which extend over more than one utility gas
commodity price or net purchased gas charge, the rate for comparison shall be:
(a) If the customer does not have an AMI meter, the weighted average of
the number of days on each gas commodity price or net purchased gas charge; or
(b) If the customer does have an AMI meter, the gas commodity price or
net purchased gas charge applied to the usage on each rate.
C. For contracts signed or renewed on or after July 1, 2023, if a
supplier charges a customer in an energy assistance household pursuant to a
contract that is not a Commission-approved contract for energy assistance
households, the customer is entitled to remedies as defined in §D of this
regulation.
D. Customer Remedies.
(1) Refund.
(a) Customer remedies for a violation of §§B and C of this regulation
shall be a refund for each billing period where the supplier charged more than
the utility gas commodity price or net purchased gas charge.
(b) The refund shall be calculated as the difference between the monies
paid during the billing period and the utility gas commodity price or net
purchased gas charge.
(c) The refund shall include interest based on the interest rate that is
applied to a utility’s refund of customer deposits under COMAR 30.01.05.
(2) The refund shall be remitted as follows:
(a) If the charges have been billed by and the receivable purchased by
the utility, the refund shall be remitted to the utility by the supplier. The
refund shall be applied to the customer’s utility account current balance and
the excess returned to the customer upon request. If the customer is no longer
served by the utility, then the refund shall be returned to the customer.
(b) Upon purchase of any receivable under this section, the utility
shall be entitled to collect from the customer, and the customer shall be
responsible to pay the utility, the total amount billed less any refund.
(3) A supplier shall have a grace period of 10 business days to update
their systems to bill a lower new gas commodity price or net purchased gas
charge for contracts for energy assistance households after a utility posts a
new gas commodity price or net purchased gas charge.
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 61 RENEWABLE ENERGY PORTFOLIO
STANDARD PROGRAM
Notice of Proposed Action
[22-310-P]
The Public Service Commission proposes to:
(1) Amend Regulation .03
under COMAR 20.61.01 General;
(2) Amend Regulations .01
and .03 under COMAR 20.61.02 Certifiable Renewable Energy
Facilities;
(3) Amend Regulation .01
under COMAR 20.61.05 Maryland Strategic Energy Investment Fund;
and
(4) Amend Regulations .01—.03,
.06, .12, and .18 under COMAR 20.61.06 Offshore Wind.
This action was considered by the Maryland Public Service
Commission at a scheduled rule-making (RM 75) meeting held on August 15, 2022,
notice of which was given under General Provisions Article, §3-302, Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to amend Off-Shore Wind regulations
to comply with the Clean Energy Jobs Act of 2019 and correct typos and
terminology consistent with defined terms.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through April 24, 2023. A public hearing has not been
scheduled.
20.61.01 General
Authority: Public Utilities Article, §§2-121, 5-101, and
7-701—7-713, Annotated Code of Maryland
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(1-4) (text unchanged)
(1-5) “Application” means the information and materials describing
a proposed offshore wind project submitted to the Commission as contemplated by
[Public Utilities Article,
§7-704.1(a), Annotated Code of Maryland]
Public Utilities Article, §7-704.1(a)(2),
Annotated Code of Maryland.
(1-6)—(1-10) (text unchanged)
(1-11) “Community benefit agreement”
means a contract between an OSW applicant of a qualified offshore wind project
and a local community whereby the OSW applicant provides certain benefits to
the local community and agrees to labor practices, as set forth in Public
Utilities Article, §7-704.1(e)(1)(i), Annotated Code of Maryland.
(2)—(6-5) (text unchanged)
(6-6) “Local community” means a “local
government” as defined in State Government Article, §11-101(g), Annotated Code
of Maryland:
(a) Where:
(i) Shore-side infrastructure
associated with a qualified offshore wind project will be located;
(ii) Offshore wind supply
chain developed will be located; or
(iii) Other economic
development will be located; and
(b) Which enters into a community
benefit agreement with an OSW applicant.
[(6-6)] (6-7)—[(6-11)] (6-12) (text unchanged)
(7)—(13-2) (text unchanged)
(13-3) “Round 1 offshore wind
project” has the meaning stated in Public Utilities Article, §7-701, Annotated
Code of Maryland.
(13-4) “Round 2 offshore wind
project” has the meaning stated in Public Utilities Article, §7-701, Annotated
Code of Maryland.
[(13-3)] (13-5)—[(13-4)] (13-6) (text unchanged)
(14)—(17) (text unchanged)
(18) “Veteran-owned small
business enterprise (VSBE)” has the meaning stated in State Finance and
Procurement Article, §14-601(c), Annotated Code of Maryland.
20.61.02 Certifiable Renewable
Energy Facilities
Authority: Public Utilities Article, §§2-121, 5-101, and
7-701—7-713, Annotated Code of Maryland
.01 Application Requirements.
A.—C. (text unchanged)
D. An applicant for certification as a renewable energy facility
that consists of a Level [I] 1
solar photovoltaic solar system is not required to file the following:
(1)—(3) (text unchanged)
E.—G. (text unchanged)
.03 Obligation of Certified Renewable Energy Facility.
A. (text unchanged)
B. Level 1 Solar Renewable Energy Facility — Recording [Renewal] Renewable Energy
Credits.
(1) —(2) (text unchanged)
C. (text unchanged)
D. Level 1 and Level 2 Solar [Renewal] Renewable
Energy Credits — Sale or Transfer.
(1)—(4) (text unchanged)
20.61.05 Maryland Strategic Energy
Investment Fund
Authority: Public Utilities Article, §§2-121, 5-101, and
7-701—7-713, Annotated Code of Maryland
.01 General Provisions.
A. (text unchanged)
B. Eligibility Criteria for
Projects Supported by the Fund.
(1) Except under §B(3) of
this regulation, a project supported by the Fund shall be designed to support
the creation of new Tier 1 renewable energy sources in Maryland. For purposes of this section, support may
include grants for workforce development programs authorized under Labor and
Employment Article, §11-708.1(c)(1), Annotated Code of Maryland.
(2) Additional project
evaluation criteria may include the following:
(a)—(g) (text unchanged)
(h) Economic benefits to Maryland; [and]
(i) Job training and workforce development opportunities associated with
the project; and
[(i)] (j)
(text unchanged)
(3) (text unchanged)
20.61.06 Offshore Wind
Authority: Public Utilities Article, §§2-121, 7-704.1, and 7-704.2,
Annotated Code of Maryland
.01 Application Process.
A. (text unchanged)
B. Application Period.
(1) The Commission shall open an application period establishing a
period of time during which persons may submit applications.
(2) Notice.
(a) The Commission shall provide notice specifying the opening and
closing date and time of the application period, after which the Commission
shall not accept applications or material changes to previously submitted
applications and any other information Commission determines appropriate.
(b) The Commission shall provide notice at least 60 calendar days before
the opening date of the application period.
(c) The Commission may provide for one or more additional application
periods through a formal multi-year application schedule.
(3) The opening date of the application period shall be January 1 of a
given year.
(4) The closing date of the application period shall be 120 calendar
days after the opening date of the application period. The Commission may
extend this closing date by one or more additional periods of 30 calendar days.
[B.] C.
An application submitted pursuant to [Public
Utilities Article, §7-704.1(a)(1), Annotated Code of Maryland,] Public
Utilities Article, §7-704.1, Annotated Code of Maryland, shall be submitted
to the Executive Secretary.
(1) Upon receipt of an
application by the Executive Secretary [prior
to the opening of an application period],
the Commission shall determine within 30 calendar days whether that application
is administratively complete.
(2) If the Commission
determines that the application received under [§(B)(1)] §C(1) of this regulation is not
administratively complete, the Commission shall promptly notify the OSW
applicant of any deficiencies and allow the OSW applicant to submit missing
items or information[, or both]. Upon receipt of missing items or
information, [or both,] the Commission shall again have 30
calendar days to determine whether that application is administratively
complete.
[(3) Upon the first
determination that an application is administratively complete, the Commission
shall open an application period establishing a period of time during which
other persons may submit applications. The Commission shall provide notice
specifying the closing date and time of the application period, after which the
Commission shall not accept applications or material changes to previously
submitted applications and any other information the Commission determines
appropriate.
(4) The closing date of the
application period shall be 180 calendar days after the Commission issues the
notice to the public described by §B(3) of this regulation that it is accepting
applications. The Commission may extend this closing date by one or more
additional periods of 30 calendar days.]
(3) At the close of the application period, the Commission shall order
an applicant to file within 5 business days of the closing date of the
application period the public and confidential versions of its application and
make both versions available to Commission staff and the Office of People’s
Counsel.
(4) Except as directed by the Commission or court, or as authorized by law,
an individual subject to Public Utilities Article, §2-302, Annotated Code of
Maryland, may not divulge information deemed confidential by an OSW applicant.
[C. The Commission
shall determine within 30 calendar days whether an application submitted during
the application period is administratively complete. If the Commission
determines the application is not administratively complete, the Commission
shall notify the OSW applicant within that 30-day period of any deficiencies.
The OSW applicant shall have an opportunity to submit missing items or
information, or both, but only if the OSW applicant’s submission occurs before
the close of the application period.]
D.—G. (text unchanged)
H. Prior to acceptance of
applications, the Commission shall notify potential applicants of the Long-Term
Composite Treasury Bond rate (or equivalent) that will be used as the nominal
discount rate and the near-term average GDP Deflator (or equivalent) that will
be used as the deflation rate to determine whether the OREC price in the
applicant’s proposed OREC price schedule exceeds $190 per megawatt hour
(levelized in 2012 dollars) for Round 1
projects and whether the projected net rate impacts for residential and
nonresidential customers, as described by [Public
Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated Code of Maryland,] Public
Utilities Article, §7-704.1(e)(1)(iii)(1) and (2), Annotated Code of Maryland,
will be exceeded.
[I. The Commission may
provide for one or more additional application periods.]
.02 Application
Requirements.
A.—I. (text unchanged)
J. An application shall
include the following commercial information related to the proposed offshore
wind project:
(1) (text unchanged)
(2) Subject to Regulation
.06 of this chapter, OSW applicant’s plan for compliance with the Minority
Business Enterprise Program for the construction, manufacturing, and
maintenance phases of the proposed offshore wind project shall[;]:
(a) Describe the applicant’s best efforts to engage MBEs in, at a
minimum, planning and design activities; financing; project administration;
construction activities, including, but not limited to wind turbine assembly,
foundation and substructure construction, and balance of plant activities; and
operation and maintenance activities associated with the project;
(b) Describe the MBE participation goal for each phase of the project
and how the applicant intends to achieve such goal(s), including the number of
jobs, the expected average salary and/or total compensation to MBEs, and the estimated
nominal dollars (U.S.) of the contract attributable to MBE contractors and
subcontractors;
(c) Describe best efforts the applicant has made to consult with MBEs
and the Governor’s Office of Small, Minority & Women Business Affairs prior
to the submission of the application; and
(d) Include a proposed schedule for continued engagement with MBEs and
the Governor’s Office of Small, Minority & and Women Business Affairs;
(3) (text unchanged)
(4) OSW applicant’s plan for
using an agreement designed to ensure the use of skilled labor and to promote
the prompt, efficient, and safe completion of the project particularly with
regard to the construction, manufacturing, and maintenance of the proposed
offshore wind project; [and]
(5) OSW applicant’s plan to
provide for compensation to its employees and subcontractors consistent with
wages outlined in State Finance and Procurement Article, Title 17, Subtitle 2,
Annotated Code of Maryland[.];
(6) An OSW applicant’s plan for using a community benefit agreement, as
required by Public Utilities Article,
§7-704.1(e)(1)(i), Annotated Code of Maryland,
that:
(a) Promotes increased opportunities for local businesses and small,
minority, woman-owned, and veteran-owned businesses in the clean energy
industry;
(b) Ensures the timely, safe, and efficient completion of the project by
facilitating a steady supply of highly skilled craft workers who shall be paid
not less than the prevailing wage rate determined by the Commissioner of Labor
and Industry under State Finance and Procurement Article, Title 17, Subtitle 2,
Annotated Code of Maryland;
(c) Promotes safe completion of the project by ensuring that at least 80
percent of the craft workers on the project have completed an Occupational
Safety and Health Administration 10-hour or 30-hour course;
(d) Promotes career training opportunities in the construction industry
for local residents, veterans, women, and minorities;
(e) Provides for best efforts and effective outreach to obtain, as a
goal, the use of a workforce including minorities, to the extent practicable;
and
(f) Reflects a twenty-first-century labor-management approach based upon
cooperation, harmony, and partnership;
(7) The plan for implementing the opportunities outlined in the
community benefit agreement shall:
(a) Describe the applicant’s best efforts to engage VSBEs and local
businesses in, at a minimum, planning and design activities; financing; project
administration; construction activities, including, but not limited to wind
turbine assembly, foundation and substructure construction, and balance of
plant activities; and operation and maintenance activities associated with the
project;
(b) State a combined VSBE and local business participation goal for each
phase of the project and how the applicant intends to achieve such goal(s),
including the number of jobs, the expected average salary and/or total
compensation to VSBEs and/or local businesses, and the estimated nominal
dollars (U.S.) of the contract attributable to VSBE and local business
contractors and subcontractors; and
(c) Identify how the applicant intends to source labor and build clear
career pipelines for job growth in Maryland, as well as identify partnerships
with workforce partners. Such partnerships could include intermediaries, local
workforce development boards, registered apprenticeship programs, universities,
research institutions, or other stakeholders. Such plan must further describe
the qualitative value of the actions the applicant intends to take;
(8) Documentation of the applicant’s efforts to conduct outreach to and
engage with VSBEs and local businesses; and
(9) Documentation of the applicant’s efforts to consult with the
Governor’s Office of Small, Minority & Women Business Affairs.
K.—L. (text unchanged)
M. An application shall include
a proposed OREC price schedule for the proposed offshore wind project’s
electricity service attributes that is subject to the following requirements:
(1) The proposed OREC price
schedule shall consist of either a:
(a) Two-part OREC price in
which the first component is expressed as either a single firm price for each
calendar year or a series of firm prices for each calendar year and the second
component is expressed as a single firm price for each calendar year subject to
a true-up based upon any change between the Commission’s estimated cost of
transmission upgrades and PJM’s actual upgrade cost as specified in the
executed Interconnection Service Agreement, for a total OREC price up to and
not exceeding $190 per megawatt hour (levelized in 2012 dollars) for Round 1 projects and subject to the
projected net rate impact caps for residential and nonresidential customers, as
described by Public Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated
Code of Maryland; or
(b) One-part OREC price,
expressed as either a single firm price for each calendar year or a series of
firm prices for each calendar year, that is not subject to true-up, up to and
not exceeding $190 per megawatt hour (levelized in 2012 dollars) for Round 1 projects and subject to the
projected net rate impact caps for residential and nonresidential customers for Round 1 and Round 2 projects, as
described by Public Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated
Code of Maryland;
(2)—(3) (text unchanged)
N.—O. (text unchanged)
P. At least 30 days prior to the application submission, the applicant
shall meet with local officials of any municipalities within the viewshed of a
proposed offshore wind project and any municipalities where shore-side
development is proposed. Applicants shall present the proposed project to the
local officials and solicit feedback on community values and local concerns.
Presentation materials and minutes, notes, or transcripts of such meeting shall
be incorporated in the community outreach plan required by §R of this
regulation.
Q. Following the meeting with local officials, but at least 30 days
prior to the application submission, the applicant shall hold at least one
public meeting in municipalities within the viewshed of the proposed offshore
wind project and municipalities where shore-side development is proposed.
Notice of such meeting shall be given in accordance with local law. At a
minimum, the applicant shall provide information about the proposed project and
present the anticipated impacts of the proposed project on local environmental,
economic, and cultural resources and the applicant’s proposed plans for
mitigating or minimizing adverse impacts. Presentation
materials, public comments, and minutes or transcripts of such meetings shall
be incorporated in the community outreach plan required by §R of this
regulation.
R. An application shall include a community outreach plan describing
proposed stakeholder engagement during the pre-construction, construction, and
operation phases of the proposed project. Community outreach plans shall
contain:
(1) A description and analysis of affected communities;
(2) A plan for locally targeted education and marketing strategies, such
as advertisements, informational campaigns, direct mailings, outreach events
and activities, and targeted engagement with local community groups;
(3) A proposed schedule for meetings with local officials, ongoing
community engagement efforts, and public meetings;
(4) An analysis of any localized support and opposition to the project
which the applicant is aware, including supporting documentation; and
(5) A reasonable response to concerns raised by local officials and
community members at the pre-application meetings required by §§P and Q of this
regulation, including any concerns regarding impacts to coastal viewshed,
coastal community property values, tourism, and commercial and/or recreational
fishing grounds. To the extent such issues were identified by the local
community, the applicant shall reasonably describe its proposed plan to
mitigate or minimize adverse impacts.
.03 Evaluation Criteria.
A. An application must
demonstrate the proposed offshore wind project meets the following minimum
threshold criteria, as specified:
(1) (text unchanged)
(2) The term of the proposed
OREC price schedule is not longer than 20 years, and commences no earlier than
January 1, 2017[;] for
Round 1 projects and no earlier than July 1, 2017 for Round 2 projects;
(3) The OREC price on the
proposed OREC price schedule do not exceed $190 per megawatt hour in levelized
2012 dollars[,] for Round 1 projects,
as measured using a nominal discount rate equal to the long-term composite
Treasury Bond rate (or equivalent) and a deflation rate equal to the near-term
average GDP Deflator (or equivalent), notified by the Commission to potential
OSW applicants;
(4)—(6) (text unchanged)
B. For each application that
meets the minimum threshold criteria, the Commission shall conduct independent
qualitative and quantitative analyses that considers the criteria enumerated in
Public Utilities Article, §7-704.1(d)(1)(i) through (xiii), Annotated Code of
Maryland.
(1) The qualitative analysis
shall use a ranking system to identify applications with characteristics that
contribute to the likelihood of successful development and to the net economic,
environmental, and health benefits to the State.
(a) The following factors
shall be considered as part of the qualitative analysis:
(i)—(xiii) (text unchanged)
(xiv) Adequacy of the OSW
applicant’s plan demonstrating engagement of small, women-owned, local, veteran-owned, and minority businesses,
commitment to the use of skilled labor, and labor compensation plan;
(xv)—(xvii) (text unchanged)
(b) (text unchanged)
(2) The quantitative
analysis shall measure the impact of a proposed project and, as applicable, a
combination of proposed projects, expressed in monetary terms.
(a) The quantitative
analysis of the projected net rate impacts for an average Maryland retail
electric customer based on an annual consumption of 12,000 kilowatt hours and
nonresidential retail electric customers shall include consideration of the
proposed OREC price schedule (including the proposed additional OREC prices for
a further period of [five] 5
years referenced in Regulation .02M(3) of this chapter) and proposed OREC
amount, the value of energy, capacity, and ancillary services generated by the
proposed project, the value of avoided Tier 1 REC costs, and any consequential
impacts on wholesale market energy, capacity, ancillary service, and REC
prices, to determine the following:
(i) Whether the projected
net rate impact for applicable classes exceeds the limitations established in [Public Utilities Article,
§7-704.1(e)(1)(ii) and (iii), Annotated Code of Maryland;] Public Utilities Article,
§7-704.1(e)(1)(iii)(1) and (2), Annotated Code of Maryland; and
(ii) (text unchanged)
(b) (text unchanged)
(3) (text unchanged)
C. Subject to [§(B)(1)(b)] §B(1)(b) of this
regulation, the Commission shall rank proposed projects (and combinations of
proposed projects, if applicable) based on the qualitative and quantitative
evaluation described by §B of this regulation. The Commission shall not approve
an application that does not meet the requirements of [Public Utilities Article, §7-704.1(e)(1)(i) through (iv),
Annotated Code of Maryland.] Public Utilities Article, §7-704.1(e)(1)(i)
through (iii), Annotated Code of Maryland.
D. (text unchanged)
E. The Commission order
approving an application shall be conditional upon completion of the following:
(1) (text unchanged)
(2) The Commission and the OSW applicant execute a
memorandum of understanding that requires the OSW applicant to use best efforts
and effective outreach to obtain, as a goal, contractors and subcontractors for
the project that are minority and veteran-owned business enterprises, to the
extent practicable, as supported by a disparity study and as follows:
(a) The memorandum of understanding shall include a provision whereby
the applicant agrees to comply with Public Utilities Article, §7-704.1(i)(3),
Annotated Code of Maryland, and develop a tracking methodology to report
workforce diversity in the reports required pursuant to that Article;
(b) The memorandum of understanding shall include a provision whereby
the applicant agrees to develop a tracking methodology to report its progress
establishing and implementing veteran-owned business enterprise goals and
procedures that shall be submitted to the Commission every 6 months following
the issuance of an order approving an OREC application; and
(c) The memorandum of understanding shall include a provision whereby
the applicant acknowledges and agrees that the Commission, or a third-party
designated by the Commission, may audit the applicant to verify the applicant’s
MBE, VSBE, and local business expenditures and any information provided in
reports to the Commission regarding the implementation of MBE and community
benefit plans. The Commission reserves the right to request additional
information from the applicant to verify reported information;
[(2)] (3)
As described fully by Regulation .06B of this chapter, the OSW applicant and
the Governor’s Office of Small, Minority[,]
& Women Business Affairs, in consultation with the Office of the Attorney
General, establish a clear plan for setting minority and veteran-owned business enterprise participation goals and
procedures for the proposed offshore wind project; [and]
(4) To the extent any portions of the applicant’s plan relate to the
criteria set forth in Public Utilities Article, §7-704.1(d)(1)(viii) and (ix),
Annotated Code of Maryland, the Commission, the OSW applicant, and skilled
labor organizations shall sign a memorandum of understanding that requires the
applicant to follow such portions; and
[(3)] (5)
(text unchanged)
.06 Compliance with Minority
Business Enterprise Program.
A. (text unchanged)
B. The Commission may not
approve an application until the Governor’s Office of Small, Minority &
Women Business Affairs, in consultation with the Office of the Attorney
General, and the OSW applicant have established a clear plan for setting
reasonable and appropriate minority business enterprise participation goals and
procedures for each phase of the qualified offshore wind project, as required
by [Public Utilities Article,
§7-704.1(e)(3)(iii), Annotated Code of Maryland.] Public Utilities Article,
§7-704.1(i)(3)(i), Annotated Code of Maryland.
[C. This regulation is
effective through June 30, 2016.]
.12 Payment of PJM Revenues
and Trust for Benefit of Ratepayers.
A. (text unchanged)
B. All proceeds from those
sales that are associated with the ORECs that a project is authorized to sell
under its OREC order (net of fees and [charged] charges
imposed by PJM) shall be paid to the project’s related escrow account to be
applied in accordance with the order of priority set forth in Regulation .11G
of this chapter, and any amounts remaining under Regulation .11G(4) of this
chapter shall be held in trust by such project’s administrator for the benefit
of retail electric customers. The relevant project shall agree to this
declaration of trust in the agreement that it enters into with its
administrator with respect to payment of those funds.
C.—D. (text unchanged)
.18 Reporting Requirements.
A.—C. (text unchanged)
D. The qualified offshore wind project shall file quarterly reports with
the Commission following issuance of the OREC order containing:
(1) The availability and use of opportunities for local businesses, and
small, minority, women-owned, and veteran-owned businesses;
(2) The success of efforts to promote career training opportunities in
the construction industry for local residents, veterans, women, and minorities;
(3) Compliance with the minority workforce goal, including efforts taken
in pursuit of the MBE Plan and community benefit plan;
(4) A status report on the community outreach plan, including a
description of activities undertaken in accordance with the community outreach
plan, a summary of any local or stakeholder meetings conducted, an anticipated
timeline for ongoing and anticipated outreach efforts, and any changes or
updates to planned activities since the submission of the community outreach
plan; and
(5) The current status of its COD.
ANDREW S.
JOHNSTON
Executive Secretary
Special Documents
DEPARTMENT OF STATE POLICE
HANDGUN ROSTER BOARD
Proposed Additions to Handgun Roster
and Notice of Right to Object or Petition
The following is a list of handguns that the
Handgun Roster Board proposes to add to the official handgun roster. These handguns
will be officially placed on the Handgun Roster if no timely objection is received
or if all timely objections are dismissed.
Under the Public Safety Article, §5-405, Annotated
Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement
of any of those handguns on the Handgun Roster. Objections must be filed within
30 days after March 24, 2023. In addition, any person may petition
for the placement of an additional handgun on the Handgun Roster. Forms for objections
or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster
Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).
|
Make
|
Model
|
Caliber
|
Additional
Comments
|
|
Tactical Skeleton
|
TS-10 Pistol
|
6.5 Creedmoor
|
|
|
WILSON COMBAT
|
SFT9
|
9 mm
|
Model addition
|
|
STACCATO
|
STACCATO
CS
|
9
mm
|
Model addition
|
|
CARL WALTHER (WALTHER
ARMS)
|
CCP M2
|
380 ACP, 9 mm
|
Model addition
|
|
BOND ARMS
|
ROUGHNECK
|
380 ACP
|
Caliber addition
|
|
KAHR ARMS
|
P9-2
|
9 mm
|
Model addition
|
|
BUL TRANSMARK, LTD.
(BUL ARMORY USA, LLC)
|
SAS II TAC 4.25"
|
9 mm
|
Model addition
|
|
PALMETTO STATE ARMORY
|
Palmetto Dagger Full Size-S
|
9 mm
|
Model addition
|
|
GLOCK
|
47
|
9 mm
|
Restriction Removal
|
|
AMERICAN TACTICAL
|
MIL-SPORT
|
300 BLK+
|
Caliber addition
|
|
ALDO UBERTI & CO. (CIMARRON ARMS)
|
U.S. Cavalry
|
45 LC
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P320 RXZP FULL SIZE
|
9 mm
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P320-XFIVE DH3
|
9 mm
|
Model addition
|
|
CANIK
(CENTURY ARMS)
|
SFX
RIVAL-S
|
9
mm
|
Model addition
|
|
BRUGGER & THOMET
(BRUGGER & THOMET USA)
|
SPR300 Pistol
|
300 BLK
|
|
|
CMMG, INC.
|
DISSENT MK4
|
5.56X45 MM NATO
|
|
|
CHIAPPA FIREARMS
|
RHINO 30DS
|
357 Mag
|
Model addition
|
|
STURM RUGER
|
Security-380
|
380 ACP
|
Model addition
|
|
ISRAEL WEAPON INDUSTRIES (IWI US)
|
GALIL ACE SAR GEN II PISTOL
|
5.45X39mm
|
Caliber addition
|
|
ARMSCOR PHILIPPINES-ROCK ISLAND ARMORY (ARMSCOR PRECISION INTERNATIONAL)
|
M1911 A2 FS - TACT
|
45 ACP
|
Caliber addition
|
|
SMITH & WESSON
|
637-2 AIRWEIGHT
|
38 S&W SPL +P
|
Model addition
|
|
FABRYKA
BRONI "LUCZNIK" - RADOM (ARMS OF AMERICA LLC)
|
.223
S Mini Beryl Pistol M1
|
5.56X45
MM NATO
|
|
|
BOND ARMS
|
STINGER RS
|
22 LR, 380 ACP, 9 mm, 38 Spl
|
Model addition
|
|
SMITH & WESSON
|
Performance Center M&P 9 M2.0 Competitor
|
9 mm
|
Model addition
|
|
Taurus Armas (Taurus
International Mfg.)
|
Defender 856 T.O.R.O.
|
38 SPL+P
|
Model addition
|
|
Taurus Armas (Taurus International Mfg.)
|
Defender 605 T.O.R.O.
|
357 MAG / 38 SPL+P
|
Model addition
|
|
TISAS (SDS IMPORTS)
|
ZIG PC9
|
9 mm
|
Model addition
|
|
TISAS (SDS IMPORTS)
|
ZIG PCS9
|
9 mm
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P210 CARRY
|
9 mm
|
Model addition
|
|
WILSON COMBAT
|
EXPERIOR
|
45 ACP
|
Caliber addition
|
|
SMITH & WESSON
|
SW40C
|
40 S&W
|
Model addition
|
|
CABOT GUNS
|
NATIONAL STANDARD
|
9 mm
|
Caliber addition
|
|
MOSSBERG
|
590S
SHOCKWAVE
|
12
Gauge
|
Model addition
|
|
FAXON FIREARMS, LLC
|
FF10XRS
|
8.6 Blackout
|
|
|
WALTHER
|
PPQ M2
|
22 LR
|
Caliber addition
|
|
GLOCK
|
20 GEN 5
|
10 mm
|
Model addition
|
|
GLOCK
|
21 GEN 5
|
45 ACP
|
Model addition
|
|
Simson Suhl (C.D.I.)
|
Makarov
|
9X18mm Makarov
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P320 RXZP COMPACT
|
9 mm
|
Model addition
|
|
ALDO UBERTI & CO. (STOEGER IND.)
|
CATTLEMAN
|
9 mm
|
Model addition
|
|
GIRSAN (EAA)
|
MC 1911 C XLV
|
45 ACP
|
Model addition
|
|
F. TANFOGLIO (ITALIAN
FIREARMS GROUP)
|
Defiant Limited Pro
|
10 mm
|
Model addition
|
|
GIRSAN (EAA)
|
MC P35 Match
|
9 mm
|
Model addition
|
|
GIRSAN (EAA)
|
MC P35 OPS
|
9 mm
|
Model addition
|
|
GIRSAN (EAA)
|
MC P35 PI
|
9 mm
|
Model addition
|
|
KEL-TEC
|
P15
|
9 mm
|
|
|
KAUGER ARMS
|
BLACK WIDOW
|
6.5 PRC, 7mm WSM
|
Caliber addition
|
|
BERETTA (BERETTA USA)
|
80X Cheetah
|
380 ACP
|
Model addition
|
|
STOEGER INDUSTRIES
|
AMERICAN EAGLE LUGER P-08
|
22 LR
|
Caliber addition
|
|
FN AMERICA LLC
|
545 Tactical
|
45 ACP
|
|
|
PARA-USA, INC &
PARA-USA, LLC
|
LDA Officer 9
|
9 mm
|
|
|
DAN WESSON FIREARMS/CZ
|
DWX
|
9 mm
|
|
|
F. TANFOGLIO (ITALIAN FIREARMS GROUP)
|
Defiant Stock II
|
9 mm
|
|
|
BRUGGER
& THOMET (BRUGGER & THOMET USA)
|
Station
Six-9
|
9
mm
|
|
|
TISAS (SDS IMPORTS)
|
ZIG M9 / 1911 A1 Tank
Commander
|
9 mm
|
Model addition
|
|
RIFLE
DYNAMICS
|
Quickhatch
Pistol
|
5.45x39mm
|
Model addition
|
|
SMITH & WESSON
|
M&P 5.7
|
5.7X28 mm
|
|
|
System Defence (Shawnee
Outdoors)
|
C9
|
9 mm
|
|
|
KORTH (NIGHTHAWK CUSTOM)
|
MONGOOSE
|
44 Mag
|
Caliber
addition
|
|
FN AMERICA LLC
|
510 Tactical
|
10 mm
|
|
|
HI POINT FIREARMS
|
JXP
|
10 mm
|
|
|
BRG - Burgu Metal (Buffalo
Cartridge Co.)
|
BRG9 ELITE
|
9 mm
|
|
|
Radian Weapons
|
A-DAC 15 Model 1 Pistol
|
300 BLK, 223 Wylde
|
|
|
TAURUS
|
TX22 Compact
|
22 LR
|
|
|
CANIK (CENTURY ARMS)
|
METE MC9
|
9 mm
|
Model addition
|
|
Rossi/Taurus Armas (Braztech
International, LC)
|
RP63
|
357 Mag
|
|
|
Rossi/Taurus Armas (Braztech
International, LC)
|
RM66
|
357 Mag
|
|
|
Rossi/Taurus Armas (Braztech
International, LC)
|
RM64
|
357 Mag
|
Model addition
|
|
BOND
ARMS
|
STINGER
|
22
LR
|
Caliber addition
|
|
F. TANFOGLIO (ITALIAN
FIREARMS GROUP)
|
Defiant Stock Master Xtreme
|
9 mm, 40 S&W, 45
ACP, 38 SA, 10 mm
|
Model addition
|
|
CHARTER ARMS/CHARCO
INC.
|
The Lavender Lady
|
32 Mag
|
Model addition
|
|
SMITH & WESSON
|
66-1
|
357 Mag
|
Model addition
|
|
SMITH & WESSON
|
625 JM
|
45 ACP
|
Model addition
|
|
SMITH & WESSON
|
Performance Center 625-8
|
45 ACP
|
Model addition
|
|
GUNCRAFTER INDUSTRIES
|
Hellcat X2 Government
|
38 Super, 9 mm, 40 S&W,
45 ACP, 10 mm
|
Model addition
|
|
GIRSAN (EAA)
|
Regard MC BX
|
9 mm
|
Model addition
|
|
TISAS
|
D10
|
10 mm
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P365 XL COMP ROSE
|
9 mm
|
Model addition
|
|
CZ USA
|
CZ P-10 SC
|
9 mm
|
Model addition
|
|
STANDARD MANUFACTURING
CO. LLC
|
SP-12 Compact Pro
|
12 Gauge
|
|
|
ALPHA FOXTROT
|
1911-S15
|
9 mm
|
|
|
Heavy Metal Tactical
|
HMT-15 Pistol
|
5.7X28 mm
|
|
|
SMITH & WESSON
|
69
|
44 Mag
|
Model addition
|
|
CABOT GUNS
|
THE GRAN TORINO SS COMMANDER
|
9 mm
|
Model addition
|
|
STOEGER (STOEGER INDUSTRIES
INC.)
|
STR-9F COMBAT
|
9 mm
|
Model addition
|
|
STOEGER (STOEGER INDUSTRIES
INC.)
|
STR-9S COMBAT
|
9 mm
|
Model addition
|
|
BERETTA USA
|
92XI SAO Full Size
|
9 mm
|
|
|
BERETTA (BERETTA USA)
|
APX A1 Compact
|
9 mm
|
|
|
SHADOW SYSTEMS CORP
|
DR920L
|
9 mm
|
Model addition
|
|
SHADOW
SYSTEMS CORP
|
CR920P
|
9 mm
|
Model addition
|
|
CABOT GUNS
|
The Ultimate Carry
|
45 ACP
|
Model addition
|
|
Pietta
(Traditions)
|
1873
Rawhide
|
357 Mag
|
Model addition
|
|
NIGHTHAWK CUSTOM
|
Sand Hawk
|
9 mm
|
Model addition
|
|
MOSSBERG
|
590 NIGHTSTICK
|
20 Gauge
|
Caliber addition
|
|
WILSON COMBAT
|
CQB Elite
|
45 ACP, 9 mm, 10 mm,
38 Super, 40 S&W
|
Model addition
|
|
ALDO UBERTI & CO.
(STOEGER IND.)
|
EL PATRON
|
357 Mag
|
Caliber addition
|
|
ALDO UBERTI & CO.
(STOEGER IND.)
|
El Patron Competition
|
357 Mag
|
Model addition
|
[23-06-04]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
