In this subtitle the following words have the meanings indicated. “Commissioner” means the Maryland Insurance Commissioner. “Division” means the People’s Insurance Counsel Division in the Office of the Attorney General. “Health care provider” has the meaning stated in § 3-2A-01 of the Courts Article. “Homeowner’s insurer” means an insurer that issues or delivers a policy or contract of homeowner’s insurance in the State. “Insurance consumers” means persons insured under policies or contracts of medical professional liability insurance, and homeowner’s insurance issued or delivered in the State by a medical professional liability insurer or a homeowner’s insurer. “Insurer” means a medical professional liability insurer or a homeowner’s insurer authorized to engage in the insurance business in the State under a certificate of authority issued by the Commissioner. “Medical injury” has the meaning stated in § 3-2A-01 of the Courts Article. “Medical professional liability insurer” means an insurer that issues or delivers a policy in the State that insures a health care provider against damages due to medical injury. “Premium” has the meaning stated in § 1-101 of the Insurance Article to the extent it is allocable to this State.

There is a People’s Insurance Counsel Division in the Office of the Attorney General. The Attorney General shall appoint the People’s Insurance Counsel with the advice and consent of the Senate. The People’s Insurance Counsel serves at the pleasure of the Attorney General. The People’s Insurance Counsel shall have been admitted to practice law in the State. The People’s Insurance Counsel shall devote full time to the duties of the Office. The People’s Insurance Counsel is entitled to compensation as provided in the State budget. The People’s Insurance Counsel and employees of the Division may not hold an official relation to or have any pecuniary interest in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy.

The Office of the Attorney General shall include in its annual budget sufficient money for the administration and operation of the Division. The Division may retain as necessary for a particular matter or employ experts in the field of insurance regulation, including accountants, actuaries, and lawyers. The People’s Insurance Counsel shall direct the Division.

The Commissioner shall: collect an annual assessment from each medical professional liability insurer and homeowner’s insurer for the costs and expenses incurred by the Division in carrying out its duties under this subtitle; and deposit the amounts collected into the People’s Insurance Counsel Fund established under § 6–305 of this subtitle. The assessment payable by a medical professional liability insurer or homeowner’s insurer is the product of the fraction obtained by dividing the gross direct premium written by the medical professional liability insurer or homeowner’s insurer in the prior calendar year by the total amount of gross direct premium written by all medical professional liability insurers or homeowner’s insurers in the prior calendar year, multiplied by the amount of the total costs and expenses under subsection (a)(1) of this section. The assessment collected under this section is: in addition to any penalties or premium tax imposed under the Insurance Article; and due and payable to the Commissioner on or before a date determined by the Commissioner each year. Failure by an insurer to pay an assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of the Insurance Article. In addition to the penalty imposed under subparagraph (i) of this paragraph, if an assessment fee is not paid on or before the due date, the Commissioner may impose a penalty of 5% of the amount due and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.

In this section, “Fund” means the People’s Insurance Counsel Fund. There is a People’s Insurance Counsel Fund. The purpose of the Fund is to pay all costs and expenses incurred by the Division in carrying out its duties under this subtitle. The Fund shall consist of: all revenue deposited into the Fund that is received through the imposition and collection of the assessment under § 6-304 of this subtitle; and income from investments that the State Treasurer makes for the Fund. Expenditures from the Fund may be made only by: an appropriation from the Fund approved by the General Assembly in the annual State budget; or the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article. If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual costs and expenses incurred by the Division to carry out its duties under this subtitle, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Commissioner for the following fiscal year. If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Division to carry out its duties under this subtitle, 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 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 that is not subject to § 7-302 of the State Finance and Procurement Article. 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.

The Division shall evaluate each medical professional liability insurance and homeowner’s insurance matter pending before the Commissioner to determine whether the interests of insurance consumers are affected. If the Division determines that the interests of insurance consumers are affected, the Division may appear before the Commissioner and courts on behalf of insurance consumers in each matter or proceeding over which the Commissioner has original jurisdiction. The Division shall review any rate increase of 10% or more filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer. If the Division finds that the rate increase is excessive, inadequate, or unfairly discriminatory, the Division shall appear before the Commissioner on behalf of insurance consumers in any hearing on the rate filing. As the Division considers necessary, the Division shall conduct investigations and request the Commissioner to initiate an action or proceeding to protect the interests of insurance consumers.

In appearances before the Commissioner and courts on behalf of insurance consumers, the Division has the rights of counsel for a party to the proceeding, including the right to: summon witnesses, present evidence, and present argument; conduct cross-examination and submit rebuttal evidence; and take depositions in or outside of the State: in proceedings before the Commissioner, subject to regulation by the Commissioner to prevent undue delay; and in proceedings in court, in accordance with the procedure provided by law or rule of court. The Division may appear before any federal or State tribunal or agency, in a judicial or administrative action, to protect the interests of insurance consumers. Except as otherwise provided in the Insurance Article and any applicable freedom of information act, the Division shall have full access to the Commissioner’s records, including rate filings and supplementary rate information filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer under Title 11 of the Insurance Article, and shall have the benefit of all other facilities or information of the Commissioner. The Division is entitled to the assistance of the Commissioner’s staff if: the staff determines that the assistance is consistent with the staff’s responsibilities; and the staff and the Division agree that the assistance, in a particular matter, is consistent with their respective interests. The Division may recommend to the General Assembly legislation on any matter that the Division considers would promote the interests of insurance consumers.

On or before January 1 of each year, the Division shall report to the Governor and, subject to § 2-1257 of this article, to the General Assembly on the activities of the Division during the prior fiscal year.