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<regulation prefix="Regulation" num=".02" citation="COMAR 14.35.18.02" title_num="14" subtitle_num="35" chapter_num="18" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Common law employee” has the meaning stated in 20 CFR §404.1007.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Date of enrollment’’ means the date of enrollment of an individual covered under a group health plan or, if earlier, the first day of the waiting period for such enrollment.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Employer group health insurance coverage” means health coverage offered by an employer to an employee and the employee’s dependents, if eligible, under:</text>
      <paragraph num="(a)">
        <text>Government health coverage, such as the Federal Employees Health Benefit program;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Health coverage offered in the small or large group market by an employer within a state; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Grandfathered health coverage offered by an employer in a group market.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Full-time employee” means a common law employee working on average, at least 30 hours per week.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Independent contractor” means a 1099 employee working 30 or more hours per week.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Member” means any person enrolled in a health benefit plan.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Part-time employee” means a common law employee working fewer than 30 hours per week, or seasonal worker working more than 120 days per year.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Participation rate” means the percentage of eligible employees electing to participate in a health benefit plan out of all eligible employees.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Participation requirement” means a policy provision, or a carrier’s underwriting guideline if there is no such provision, which requires that a group attain a certain participation rate in order for a carrier to accept the group for enrollment in the plan.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Qualified employee’’ means an employee who:</text>
      <paragraph num="(a)">
        <text>Works on a full-time basis with a normal work week of thirty or more hours, but does not include an employee who works on a temporary or substitute basis; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is hired to work for a period of not less than 5 months.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Qualified employer” means a small employer that elects to make its full-time employees and, at the option of the employer, some or all of its part-time employees eligible for one or more qualified health plans offered through the SHOP Exchange, provided that the employer:</text>
      <paragraph num="(a)">
        <text>Has its principal place of business in the State and elects to provide coverage through the SHOP Exchange to all of its eligible employees, wherever employed; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Elects to provide coverage through the SHOP Exchange to all of its eligible employees who are principally employed in the State.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>“Rescission” means a cancellation or discontinuance of coverage that has retroactive effect.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Waiting period” means the period of time that must pass before coverage for a qualified employee who is otherwise eligible to enroll under the terms of a small group health plan can become effective.</text>
    </paragraph>
  </paragraph>
</regulation>