Chapter 17. Consolidated Services Center — SHOP Exchange Enrollment Permits
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to establish certain requirements that shall be satisfied in order to qualify for a SHOP Exchange enrollment permit.
Regulation .02 Applicability.LinkCopy Citation
This chapter applies to any employee of the Consolidated Services Center seeking to provide the services set forth in Insurance Article, §31-112(c)(1), Annotated Code of Maryland.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Administration” means the Maryland Insurance Administration.
(2)
“Applicant” means a person who is applying for a SHOP Exchange enrollment permit.
(3)
“Application” means a written request for a permit in a form approved by the Commissioner.
(4)
“Commissioner” means the Maryland Insurance Commissioner.
(5)
“Consolidated Services Center” has the meaning set forth in Insurance Article, §31-101(c-2), Annotated Code of Maryland.
(6)
“Effective date” means the date on which a permit takes effect.
(7)
“Examination” means the examination given under the authority of the Commissioner pursuant to Insurance Article, §31-112(d), Annotated Code of Maryland.
(8)
“Maryland Health Benefit Exchange” means the public corporation established under Insurance Article, §31-102, Annotated Code of Maryland.
(9)
“Permit” means a SHOP Exchange enrollment permit.
(10)
“SHOP Exchange” has the meaning set forth in Insurance Article, §31-101(w), Annotated Code of Maryland.
(11)
“SHOP Exchange Enrollment Permit” means a permit issued by the Commissioner to Consolidated Services Center employees, as required under Insurance Article, §31-113.1(b)(3), Annotated Code of Maryland.
(12)
“SHOP Exchange Navigator License” has the meaning set forth in Insurance Article, §31-101(y), Annotated Code of Maryland.
(13)
“Training program” means the educational program offered to an applicant by the SHOP Exchange that must be completed subject to Insurance Article, §31-112(2)(v), Annotated Code of Maryland.
Regulation .04 Permit Requirements.LinkCopy Citation
A.
Before an employee of the Consolidated Services Center may provide the services set forth in Insurance Article,
§31-112(c)(1), Annotated Code of Maryland, the person shall obtain a permit issued by the Commissioner.
§31-112(c)(1), Annotated Code of Maryland, the person shall obtain a permit issued by the Commissioner.
B.
To qualify for a permit, an applicant shall:
(1)
Be at least 18 years of age;
(2)
Successfully complete the training program;
(3)
Complete and pass both sections of the examination;
(4)
Submit an application and any additional information the Commissioner deems necessary to the Administration;
(5)
Pay to the Administration initial permit and application fees if permitted by law;
(6)
Be of good character and trustworthy;
(7)
Not have committed any act the Commissioner finds would warrant suspension or revocation of a permit under Insurance Article, §31-113.1(b)(4), Annotated Code of Maryland; and
(8)
Be engaged by the Consolidated Services Center and receive compensation only through the Consolidated Services Center.
Regulation .05 Examination.LinkCopy Citation
A.
For an applicant to qualify to take the examination, the Maryland Health Benefit Exchange, or its designee, must submit evidence of the applicant’s successful completion of the training program to the Commissioner.
B.
The examination shall be the same examination administered by the Commissioner to those individuals seeking a SHOP Exchange Navigator License.
C.
An applicant who fails a single section of the examination may retake the failed section of the examination within 1 year of the initial examination date. If the applicant does not pass the failed section within that time, the applicant shall retake both sections of the examination to be eligible to pass the examination. The examination may not be taken more than three times in a 6-week period.
Regulation .06 Changes to Information in the Application.LinkCopy Citation
A.
Within 30 days after a change to any information in an initial or renewal application, a permit holder shall file with the Commissioner, in a form required by the Commissioner, the change in information.
B.
If a permit holder fails to timely file with the Commissioner a change to the information specified in §A of this regulation, the permit holder is in violation of Insurance Article, §31-112(e)(1)(i), Annotated Code of Maryland.
Regulation .07 Permit Term.LinkCopy Citation
A.
An initial permit expires on the last day of the permit holder’s birth month following the second anniversary of the effective date of the initial permit.
B.
A renewal permit expires on the second anniversary of its effective date.
Regulation .08 Permit Renewal.LinkCopy Citation
A.
To qualify to renew a permit, a permit holder shall:
(1)
Submit to the Commissioner a renewal application approved by the Commissioner;
(2)
Pay a permit renewal fee if permitted by law;
(3)
Submit to the Commissioner any additional information the Commissioner deems necessary;
(4)
Complete the continuing education requirements as set forth in §A(7) of this regulation;
(5)
Be of good character and trustworthy;
(6)
Not have committed any act the Commissioner finds would warrant suspension or revocation of a SHOP Exchange enrollment permit under Insurance Article, §31-113.1(b)(4), Annotated Code of Maryland;
(7)
Complete 16 credit hours of continuing education during the prior permit period as approved by the Administration in consultation with the Maryland Health Benefit Exchange which shall include the following:
(a)
A minimum of nine credit hours in health insurance; and
(b)
A minimum of three credit hours in ethics;
(8)
Have paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller of Maryland and the Secretary of Labor or has provided for payment in a manner satisfactory to the unit responsible for collection;
(9)
Have paid any amount in arrears on an applicant’s child support obligation, if any, or has provided for payment in a manner satisfactory to the unit responsible for collection; and
(10)
Be engaged by the Consolidated Services Center and receive compensation only through the Consolidated Services Center.
B.
A renewal application is considered timely filed if:
(1)
The application contains all of the required information;
(2)
The renewal permit fee, if permitted by law, has been received by the Administration; and
(3)
The application is:
(a)
Mailed and postmarked on or before the expiration date of the permit; or
(b)
Submitted electronically and received by an information processing system that the Administration has designated for the purpose of receiving electronic applications prior to the expiration date of the permit.
C.
If, at least 2 calendar weeks before a permit expires, the permit holder makes sufficient application for renewal of the permit, the permit shall not expire until:
(1)
The Administration takes final action on the renewal application; and
(2)
The time for seeking judicial review of the action expires or any judicial stay of the Administration’s final action expires.
Regulation .09 Expired Permit Reinstatement.LinkCopy Citation
A.
An individual whose permit has expired:
(1)
Is prohibited from providing the services set forth in the Insurance Article, §31-112(c)(1), Annotated Code of Maryland; and
(2)
For up to 1 year after the expiration date of the permit, may obtain reinstatement of the expired permit by:
(a)
Submitting to the Commissioner a reinstatement application approved by the Commissioner;
(b)
Meeting all of the renewal requirements under Regulation .08A—B(1), (2) and (3)(b) of this chapter; and
(c)
Paying to the Administration the reinstatement fee, if permitted by law.
B.
An individual who does not qualify for reinstatement under §A(2) of this regulation may apply for an initial permit as described in Regulation .04 of this chapter.
C.
The Commissioner may waive the reinstatement procedures for a Consolidated Services Center employee who is unable to comply with the renewal and reinstatement procedures due to:
(1)
Military service; or
(2)
Other extenuating circumstances, including a long-term medical disability.
Chapter annotations
Authority: Insurance Article, §§2-109 and 31-113.1, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.09 adopted as an emergency provision effective September 19, 2013 (40:21 Md. R. 1772); adopted permanently effective November 11, 2013 (40:22 Md. R. 1878)