There is a Maryland Insurance Administration. The Administration is an independent unit of the State government. The head of the Administration is the Maryland Insurance Commissioner. The Commissioner shall control and supervise the Administration.

The Commissioner shall establish divisions or sections in the Administration, along the following lines of responsibility: life insurance and health insurance; property insurance and casualty insurance; audit and examination; insurance professions; consumer affairs; and insurance fraud. The Commissioner may: establish other areas of responsibility in the Administration; and reorganize or abolish areas of responsibility as necessary to fulfill effectively the duties of the Commissioner. The Commissioner shall report to the General Assembly about: the initial organizational structure of the Administration; and any substantial changes in organizational structure. The organization of each division shall be according to functional area and shall be designed for efficiency, service to the public, and effective regulation.

The Governor shall appoint the Commissioner with the advice and consent of the Senate. The Commissioner shall serve for a term of 4 years. The Commissioner is directly responsible to the Governor. The Commissioner shall counsel and advise the Governor on all matters assigned to the Administration. The Commissioner may be removed by the Governor for: malfeasance; incompetence; or failure to carry out the duties of office in a manner consistent with the regulatory purpose and requirements of this article. The Commissioner is responsible for the operation of the Administration. The Commissioner shall: exercise the powers and perform the duties of the Administration under this article; organize the Administration to function efficiently and to serve the public; and establish, in the Administration, the units necessary for the exercise of the powers and performance of the duties of the Administration. The Commissioner shall devote full time to the duties of office. The Commissioner is in the executive service of the State Personnel Management System and is entitled to compensation under the Executive Pay Plan in accordance with the State budget. The Commissioner shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article. The Commissioner shall have a seal of office in the form approved by the Governor. The impression and description of the seal shall be filed with the Secretary of State.

Subject to the approval of the Governor, the Commissioner shall appoint a Deputy Commissioner. The Deputy Commissioner is in the executive service of the State Personnel Management System and is entitled to compensation in accordance with the State budget. The Deputy Commissioner shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article. The Deputy Commissioner shall exercise the powers and perform the duties vested by law in the Commissioner: if the office of the Commissioner is vacant; or if for any reason the Commissioner is absent or unable to exercise the powers and perform the duties of office. The Commissioner may appoint employees to head divisions or sections established under § 2-102 of this subtitle or for any special purpose that the Commissioner designates. The Commissioner shall appoint an actuary. The Commissioner may appoint assistant actuaries. The actuary and assistant actuaries shall: perform the actuarial duties of the Administration; examine or help to examine insurers; and perform any other duties that the Commissioner assigns. The Commissioner shall appoint a chief examiner. The Commissioner may appoint assistant examiners. The chief examiner and assistant examiners shall examine or help to examine insurers and other persons subject to examination under this article. The Commissioner shall appoint an auditor and examiner for the Administration. The auditor and examiner shall: examine and audit the annual statements of all authorized insurers; examine and audit the books, accounts, and affairs of the Administration; and perform any other auditing that the Commissioner directs. The Commissioner may appoint investigators, accountants, and statisticians. As directed by the Commissioner, the investigators shall investigate, in the State, violations or alleged violations of this article, including insurance fraud as defined in § 27-801 of this article. The Administration shall be represented by the Office of the Attorney General. The Administration shall have: a principal counsel who is an assistant Attorney General; and other assistant Attorneys General, including assistant Attorneys General specifically assigned to the Fraud Division, as provided by the State budget. The Commissioner may employ on a full-time basis other attorneys at law as the Commissioner considers necessary. The Commissioner may appoint any other assistants and clerks that are necessary to help the Commissioner in performing the duties of the Commissioner under this article. The Commissioner may procure, on a fee or part-time basis or both, actuarial, legal, technical, or other professional services, including the services of independent review organizations and medical experts. Subject to approval by the Board of Public Works under the State Finance and Procurement Article, the Commissioner may enter into contracts for performance of licensing services under this article with persons that are not governmental entities. A contract authorized under this subsection: shall specify the amount of any administrative charge required under this subsection and the manner in which the charge will be collected; shall limit the administrative charge to the cost to the contractor of providing the service specified by the contract; and may require the contractor to collect any fees required under this article and remit them to the General Fund of the State. The Commissioner may require an amount equivalent to the administrative cost of providing licensing services to be paid directly to a contractor by any person who is an applicant for a certificate of authority or certificate of qualification issued by the Commissioner or any insurer, health maintenance organization, nonprofit health service plan, fraternal benefit society, the Maryland Automobile Insurance Fund, or other entity operating in this State under a certificate of authority issued by the Commissioner. The Commissioner shall appoint or contract with a physician and may appoint or contract with other health care providers for the purpose of assisting the Commissioner in performing those duties of the Commissioner that relate to the regulation of health insurance and health maintenance organizations.

In this section, “Secretary” means the Secretary of Budget and Management. All employees of the Administration that serve in a management, professional, or technical capacity are in the executive service, management service, or are special appointments in the State Personnel Management System and serve at the pleasure of the Commissioner. In accordance with the State budget, the Commissioner may set the compensation of an employee under subsection (b) of this section in a position that: is unique to the Administration; requires specific skills or experience to perform the duties of the position; and does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government. The Secretary, in consultation with the Commissioner, shall determine the positions for which the Commissioner may set compensation under subsection (c) of this section. At least 45 days before the effective date of the change, the Commissioner shall submit to the Secretary each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly. Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, or creation of new pay schedules or ranges. The Secretary shall: review the proposed changes; and at least 15 days before the effective date of the proposed changes, advise the Commissioner whether the changes would have an adverse effect on comparable State jobs. Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect.

Except as otherwise provided by law, all skilled service employees of the Administration shall be appointed and removed by the Commissioner in accordance with the provisions of Division I of the State Personnel and Pensions Article that govern skilled service employees.

Except as provided in subsection (b) of this section, the Commissioner or a deputy, examiner, assistant, or employee of the Commissioner may not be financially interested in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy. The Commissioner may employ or retain an actuary, attorney, or other technician who is similarly employed or retained by insurers or other persons if the individual: is independently practicing the profession of the individual; and does not have a conflict of interest in the matter for which the individual is employed or retained.

In addition to any powers and duties set forth elsewhere by the laws of the State, the Commissioner: has the powers and authority expressly conferred on the Commissioner by or reasonably implied from this article; shall enforce this article; shall perform the duties imposed on the Commissioner by this article; and in addition to examinations and investigations expressly authorized, may conduct examinations and investigations of insurance matters as necessary to fulfill the purposes of this article.

The Commissioner may adopt regulations to: carry out this article; establish, maintain, and administer reserves under Title 3, Subtitle 2A of the Courts Article; and regulate the solicitation by a domestic stock insurer or other person of proxies, consents, and authorizations with respect to equity securities of the domestic stock insurer. The Commissioner shall: compile and keep in the office of the Commissioner a set of current regulations adopted under this article; and make a copy of the regulations for anyone who asks for one. The Commissioner may set a fee to cover the cost of making and mailing a copy of the current regulations. By regulation, the Commissioner shall establish or direct the establishment of a toll-free telephone number to help consumers with and educate consumers about the purchase of private passenger automobile insurance. The Commissioner: may not recommend specific insurers or insurance producers; but may provide to callers educational material, including a rate guide and a list of insurers and insurance producers. By regulation, the Commissioner shall establish standards governing the privacy of consumer financial and health information pursuant to Title V of the Federal Financial Services Modernization Act of 1999 (Public Law 106-102). The regulations shall be consistent with the provisions of the model regulation adopted by the National Association of Insurance Commissioners entitled “Privacy of Consumer Financial and Health Information Regulation”. By regulation, the Commissioner shall establish criteria and a process to allow an individual who is otherwise prohibited from engaging in or participating in the business of insurance under the Federal Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) to obtain written consent from the Commissioner to engage in or participate in the business of insurance under the federal Act. In addition to any other penalty provided, a person that willfully violates a regulation adopted under this article is subject to any applicable penalty under this article for violation of the provision to which the regulation relates.

No later than December 31 of each year, the Commissioner shall prepare an annual report about the previous fiscal year that includes: a list of the authorized insurers transacting insurance business in the State, with any summary of their financial statements that the Commissioner considers appropriate; the name of each insurer whose business was closed during the year, the cause of the closure, and the amount of assets and liabilities of the insurer that is ascertainable; the name of each insurer against whom delinquency or similar proceedings were initiated, a concise statement of facts about each delinquency or similar proceeding, and the status of each proceeding; a list of the rulings and decisions made in cases before the Administration during the year; a statement of all fees, taxes, and administrative fines and penalties received by the Commissioner and deposited into the General Fund of the State; the ratio of complaints filed during the calendar year against each insurer for each major line of insurance written by the insurer and a summary of the resolution of the complaints; recommendations of the Commissioner about changes in the laws affecting insurance and about matters affecting the Administration; information about the operation of the Fraud Division, including: the number of complaints received that relate to insurance fraud, the nature of the complaints, and the resolution of the complaints; the number of complaints and cases referred to a State’s Attorney and the resolution of the complaints or cases; the number of complaints and cases referred to the Office of the Attorney General and the resolution of the complaints or cases; the number of calls made to the insurance fraud hot line; the number of complaints received from persons regulated by the Commissioner; the number of cases received from the Workers’ Compensation Commission under § 9-310.2 of the Labor and Employment Article and the resolution of the cases; the total number of cases, by type of insurance fraud; and the number and percentage of cases that result in the imposition of civil or criminal penalties; a list of all staff positions, classifications, and salaries in the Administration as of the end of the preceding calendar year; and any other relevant information that the Commissioner considers proper. At least once every 5 years after December 1, 1995, the Commissioner shall prepare a report recommending any changes that the Commissioner considers appropriate under §§ 4-104 and 4-105 of this article. When required, the report described in paragraph (1) of this subsection may be prepared with the annual report required by subsection (a) of this section. Reports required under subsection (a) or (b) of this section shall be submitted to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly.

The Commissioner shall keep records of official transactions, examinations, investigations, and proceedings of the Commissioner. Except as otherwise provided in this article for particular records or insurance filings, the records of the Commissioner and insurance filings in the office of the Commissioner are open to public inspection. On request, the Commissioner shall provide a certificate under seal as to the authority of any person to transact insurance business. The certificate of the Commissioner under seal is evidence of the facts contained in it.

Fees for the following certificates, licenses, permits, and services shall be collected in advance by the Commissioner, and shall be paid by the appropriate persons, including health maintenance organizations, to the Commissioner: fees for certificates of authority: application fee for initial certificate of authority, including filing the application, articles of incorporation and other charter documents, except as provided in item (2) of this subsection, bylaws, financial statement, examination report, power of attorney to the Commissioner, and all other documents and filings in connection with the application    $1,000 fee for initial certificate of authority    $200 fee for annual renewal of certificate of authority for all foreign insurers and for domestic insurers with their home or executive office in the State...........................................................................................................................$500 fee for annual renewal of certificate of authority for domestic insurers with their home or executive office outside the State, except those domestic insurers that had their home or executive office outside the State before January 1, 1929: with premiums written in the most recent calendar year not exceeding $500,000.................................................................................. $2,500 with premiums written in the most recent calendar year not exceeding $1,000,000............................................................................... $5,000 with premiums written in the most recent calendar year not exceeding $2,000,000............................................................................... $7,000 with premiums written in the most recent calendar year not exceeding $5,000,000............................................................................... $9,000 with premiums written in the most recent calendar year of more than $5,000,000.............................................................................. $11,000 reinstatement of certificate of authority    $500 fees for articles of incorporation of a domestic insurer or foreign insurer, exclusive of fees required to be paid to the Department of Assessments and Taxation: fee for filing the articles of incorporation with the Commissioner for approval    $25 fee for amendment of the articles of incorporation    $10 fees for filing bylaws or amendments to bylaws with the Commissioner..............................................................................................................$10 fees for certificates of qualification: application fee    $25 managing general agent certificate of qualification: fee for initial certificate    $30 annual renewal fee    $30 surplus lines broker certificate of qualification: fee for initial certificate within 1 year of renewal.......................................................................................................................$100 fee for initial certificate over 1 year from renewal.......................................................................................................................$100 biennial renewal fee    $200 fee for temporary insurance producer licenses and appointments...............................................................................................................$27 fees for licenses and permits: public adjuster license: fee for initial license within 1 year of renewal    $25 fee for initial license over 1 year from renewal    $50 biennial renewal fee    $50 adviser license: fee for initial license within 1 year of renewal    $100 fee for initial license over 1 year from renewal    $200 biennial renewal fee    $200 insurance producer license: fee for initial license    $54 biennial renewal fee    $54 SHOP Exchange navigator license: fee for initial license    $54 biennial renewal fee    $54 fee for reinstatement of license    $100 SHOP Exchange enrollment permit: fee for initial permit    $54 biennial renewal fee    $54 fee for reinstatement of permit    $100 application fee    $25 fee for each insurance vending machine license, for each machine, every second year    $50 fees for approval as a surplus lines insurer: fee for initial approval    $1,000 annual renewal fee    $1,000 fees for eligibility as an accredited or certified reinsurer: fee for initial eligibility    $1,000 annual fee for continued eligibility    $1,000 fees for required filings, including form and rate filings, under Title 11, Subtitles 2 through 4, Title 26, §§ 12–203, 13–110, 14–126, and 27–613 of this article, and § 15–311.2 of the Transportation Article ………………………… $125 service of legal process fee under §§ 3–318(e), 3–319(d), and 4–107 of this article and § 19–708(b)(12) of the Health – General Article ………..……… $15 annual fee for registration of an obligor under § 15–311.2 of the Transportation Article ……………………………………………….……………..……..$25 fees for required filings under § 15–143 of this article……………………………………………………………………………………….. $125 A court may award reimbursement of a service of process fee imposed under subsection (a)(10) of this section to a prevailing plaintiff in any proceeding against an insurer, surplus lines broker, or health maintenance organization.

In this section the following words have the meanings indicated. “Carrier” means a person that offers a health benefit plan and is: an authorized insurer that provides health insurance in the State; a nonprofit health service plan; a health maintenance organization; a dental plan organization; or except for a managed care organization as defined in Title 15, Subtitle 1 of the Health - General Article, any other person that provides health benefit plans subject to regulation by the State. “Health benefit plan” means: a hospital or medical policy, contract, or certificate, including those issued under multiple employer trusts or associations; a hospital or medical policy, contract, or certificate issued by a nonprofit health service plan; a health maintenance organization contract; or a dental plan. “Health benefit plan” does not include one or more, or any combination of the following: long-term care insurance; disability insurance; accidental travel and accidental death and dismemberment insurance; credit health insurance; any insurance, medical policy, or certificate for which payment of benefits is conditioned on a determination of medical necessity made solely by the treating health care provider not acting on behalf of the carrier; any other insurance, medical policy, or certificate for which payment of benefits is not conditioned on a determination of medical necessity; or a health benefit plan issued by a managed care organization, as defined in Title 15, Subtitle 1 of the Health - General Article. “Premium” has the meaning stated in § 1-101 of this article to the extent it is allocable to health insurance policies or contracts issued or delivered in this State. “Premium” includes any amounts paid to a health maintenance organization as compensation for providing to members and subscribers the services specified in Title 19, Subtitle 7 of the Health - General Article to the extent the amounts are allocable to this State. The Commissioner shall: collect a health care regulatory assessment from each carrier for the costs attributable to the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article; and deposit the amounts collected under paragraph (1) of this subsection into the Health Care Regulatory Fund established in § 2-112.3 of this subtitle. The health care regulatory assessment that is payable by each carrier shall be calculated by taking the total costs under subsection (b)(1) of this section multiplied by the percentage of gross direct health insurance premiums written in the State attributable to that carrier in the prior calendar year.

In this section, “Fund” means the Health Care Regulatory Fund. There is a Health Care Regulatory Fund. The purpose of the Fund is to pay all costs and expenses incurred by the Administration related to the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article. The Fund shall consist of: all revenue deposited into the Fund that is received through the imposition and collection of the health care regulatory assessment under § 2-112.2 of this subtitle; and income from investments that the State Treasurer makes for the Fund. Expenditures from the Fund to cover the costs and expenses for the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article may only be made: with an appropriation from the Fund approved by the General Assembly in the annual State budget; or by the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article. If, in any given fiscal year, the amount of the health care regulatory assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual expenditures incurred by the Administration for the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Administration for the following fiscal year. If, in any given fiscal year, the amount of the health care regulatory assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Administration to implement § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article because of an unforeseen emergency and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional health care regulatory assessment may be made. The State Treasurer is the custodian of the Fund. The Fund shall be invested and reinvested in the same manner as State funds. The State Treasurer shall deposit payments received from the Commissioner into the Fund. The Fund is a continuing, nonlapsing fund and is not subject to § 7-302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State. No part of the Fund may revert or be credited to: the General Fund of the State; or a special fund of the State, unless otherwise provided by law.

Subject to the approval of the Treasurer, the Commissioner may provide by regulation for the payment of unpaid premium taxes or fees owed by an insurer in funds that are immediately available to the State on the date that the payment is due if the total of the unpaid premium taxes or fees is at least $20,000. Any regulations adopted under this section shall establish a suitable means for payment in immediately available funds to ensure the availability of those funds to the State on the date that payment is due.

The following money shall be considered general funds of the State: except as provided under § 6–107 of this article, revenue received under Title 6, Subtitle 1 of this article; all revenue received under §§ 3–324, 4–209, 6–303, and 6–304 of this article; and all penalties imposed by the Commissioner, including the following penalties imposed under: §§ 4–113(d), 4–212, 10–126(c), 11–232, 14–140, 23–208, 23–506, 26–502, 27–305, and 27–408 of this article; and § 19–730 of the Health – General Article. The following money may not be considered general funds of the State and shall be deposited into the Insurance Regulation Fund established under Subtitle 5 of this title: all revenue received through the imposition and collection of the assessment fee under Subtitle 5 of this title; all revenue received through the imposition and collection of the fees set forth in § 2–112 of this subtitle; all revenue received through the imposition and collection of the fraud prevention fee under Title 6, Subtitle 2 of this article; all revenue received through the collection of examination expenses under § 2–208 of this title; except as provided under subsection (a) of this section, all other fees received through the imposition and collection of fees set forth in this article; and income from investments that the State Treasurer makes for the Insurance Regulation Fund.

The Commissioner shall adopt regulations that may be applied when: the Governor has declared a state of emergency for the State or an area within the State under § 14–107 of the Public Safety Article; the President of the United States has issued a major disaster or emergency declaration for the State or an area within the State under the federal Stafford Act; or a national or public health emergency, that within the Commissioner’s discretion affects the State: is issued: by the President of the United States under § 201, § 202(d), or § 301 of the federal National Emergencies Act; or by the Secretary of Health and Human Services under the federal Public Health Service Act; and is based on a serious threat to health resulting from the existence of a deadly agent as defined in § 14–3A–01 of the Public Safety Article. The regulations may: apply to any person regulated by the Commissioner under this article or Title 19, Subtitle 7 of the Health – General Article; and address: submission of claims or proof of loss; grace periods for payment of premiums and performance of other duties by insureds; temporary postponement of cancellations, nonrenewals, premium increases, or policy modifications; procedures for obtaining nonelective health care services; time restrictions for filling or refilling prescription drugs; time frames applicable to an action by the Commissioner under this article; and any other activity necessary to protect the residents of the State. To activate a regulation adopted under this section, the Commissioner shall issue a bulletin specifying: that the regulation is activated; the line or lines of business to which the regulation applies; the geographic areas to which the regulation applies; and the period of time for which the regulation applies. Except as provided under subparagraph (ii) of this paragraph, a regulation activated under paragraph (1) of this subsection may not apply beyond the duration of, or the geographical area included within, the Governor’s or President’s declaration of a state of emergency or disaster. A regulation activated under paragraph (1) of this subsection in response to a national or public health emergency described in subsection (a)(3) of this section may not apply beyond the duration of the President’s or Secretary of Health and Human Services’ declaration of a national or public health emergency. The Commissioner: shall provide a copy of the bulletin to the emergency contact designated by the person subject to the bulletin; and may post a copy of the bulletin on the Administration’s website.

The Commissioner may send a notice or other communication by electronic means if: the Commissioner is required to deliver, give, mail, serve, or otherwise provide the notice or other communication in writing; the recipient has provided an e–mail address to the Commissioner to receive notices or other communications; the notice or other communication is sent to the e–mail address provided by the recipient; and the Commissioner maintains proof that the notice was sent to the recipient at the recipient’s e–mail address. If a person is required to send the Commissioner a notice or other communication and the person is not licensed, certified, or otherwise regulated by the Commissioner: the person may send the notice or other communication by electronic means approved by the Commissioner; and the Commissioner may not require the person to send the notice or other communication by electronic means. The Commissioner may require a person who is licensed, certified, or otherwise regulated by the Commissioner to send a notice or other communication by electronic means. Subject to the provisions of the Maryland Uniform Electronic Transactions Act, a notice or other communication sent in accordance with this section shall be presumed to have been received in the ordinary course.