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<regulation prefix="Regulation" num=".01" citation="COMAR 21.11.16.01" title_num="21" subtitle_num="11" chapter_num="16" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter the following words have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Aggregate employee health care expenses” means all employee health care expenses paid by a responsible bidder or subcontractor.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Aggregate Social Security Wages.</text>
      <paragraph num="(a)">
        <text>“Aggregate Social Security wages” means all wages paid by a responsible bidder or subcontractor to an employee for the period of time in which the wages are paid.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Aggregate Social Security wages” does not include wages that are above the federal Social Security contribution and benefit base.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Contractor” means a responsible bidder awarded a contract to complete a State-funded construction project.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Employee” means an individual who is employed by a responsible bidder, contractor, or subcontractor to work on or at the site of a State-funded construction project.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Employee health care expenses” means any costs for health care services that are paid by a responsible bidder or subcontractor to an employee, unless the employee has coverage under another plan, including:</text>
      <paragraph num="(a)">
        <text>Contributions made on behalf of an employee to provide credible health care coverage in the form of any group policy, contract, or program that is written or administered by a disability insurer, health care service plan, fraternal benefits society, self-insured employer plan, or any other entity, in this State or elsewhere, that arranges or provides medical, hospital, and surgical coverage not designated to supplement other private or governmental plans;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Contributions made on behalf of an employee to a health savings account as defined under §223 of the Internal Revenue Code or to any other account having a substantially equivalent purpose or effect without regard to whether the contributions qualify for a tax deduction or are excludable from employee income;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Reimbursements to an employee for expenses incurred in the purchase of health care services;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Payments to a third party for the purpose of providing health care services for an employee;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Payments under a collective bargaining agreement for the purpose of providing health care services for an employee; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Costs incurred in the direct delivery of health care services to an employee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Health care services” means medical care, services, or goods that:</text>
      <paragraph num="(a)">
        <text>Qualify as a tax-deductible expense under §213 of the Internal Revenue Code; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have a substantially equivalent purpose to medical care, services, or goods that qualify as a tax-deductible expense under §213 of the Internal Revenue Code.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Subcontractor” means a person:</text>
      <paragraph num="(a)">
        <text>Listed on a responsive bid to provide construction services under a portion of a contract with the State; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Added to a contract with the State after the contract is awarded in order to provide construction services under a portion of the contract.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>